Newsletters

Federal Volunteer Protection Act -- Exceptions

The federal Volunteer Protection Act (VPA) grants immunity to a volunteer who causes harm to a person while the volunteer is performing services for a nonprofit organization or governmental entity. However, under some circumstances, a volunteer is not immune from liability for such harm.

Tort Liability of Members of the Armed Forces

Members of the armed forces are generally immune from liability for damages to another person or to the other person's property as long as the members were acting within the scope of their employment or their official duties and as long as the members were following a lawful command. The immunity applies to the members who were issuing the lawful command and to the members who were obeying the lawful command.

Rules Regarding Road Signs and Markings

A state transportation department has the duty to place and maintain appropriate signs, signals, and other traffic control devices on highways that are under its jurisdiction. The state transportation department also has the duty to place and maintain signs, signals, and other traffic control devices that are in accordance with the state's vehicle or transportation code.

Specific Intent vs. General Intent

In order to prove an intentional tort, such as assault or battery, the plaintiff must show that the defendant intended to commit the tort. Intent may be either specific or general.

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.