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Timko & Moses, LLP

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Personal Injury

Personal Injury

Personal Injury Newsletters

Causing a Spouse to Separate from or to Refuse to Return to Another Spouse

Under the common law, there existed a tort for causing a spouse to separate from or to refuse to return to another spouse. Although most states have enacted statutes that have abolished the tort, there are a few states in which a spouse may bring an action against a third party for the tort.

Defense of Property

Generally, a person has a legal right to use reasonable force to prevent the commission of a tort (such as trespass or conversion) against his or her property. Therefore, if a person uses force to prevent the commission of a tort against his or her property and he or she is sued for assault, battery, or another intentional tort, he or she may claim defense of property as a defense to the action. A person is required to make a request to desist before using force to defend his or her property unless such a request would be futile or dangerous.

Liability of Partners and Joint Venturers

Generally, each member of a partnership or joint venture is vicariously liable for the wrongful conduct of another member if the wrongful conduct occurs within the scope and course of the affairs of the partnership or joint venture. Therefore, each member of a partnership or joint venture will be liable for personal injuries caused by another member’s negligence if the negligence occurs within the scope and course of the affairs of the business.

Negligence Per Se

Ordinarily, a jury determines whether a defendant was negligent in a personal injury action. However, in some cases, a court may determine that a defendant was “negligent per se.” If a court determines that a defendant is guilty of negligence per se, then the defendant’s negligence is conclusively established and the plaintiff is not required to offer further evidence of the defendant’s negligence.

Real Estate

Every property owner is entitled to use his land in a reasonable way. His use, however, may exceed the bounds of reason and become an inconvenience or even a nuisance to others. A nuisance is more than a mere inconvenience that has to be tolerated. If a nuisance rises to a certain level, it may be actionable. Some examples of nuisances include odors and noise.

Timko & Moses, LLP