Personal Injury Newsletters
Federal Teacher Protection Act -- Exceptions
Under the federal Teacher Protection Act (TPA), a school employee may be immune from civil liability when a student is injured as a result of the employee's attempt to discipline or control the student. However, the TPA does not apply under some circumstances.
Defendant's Wrongful Use of Process
It is a tort to use the civil or criminal form of process to primarily seek a result other than that for which the form of process was intended. The conduct that encompasses the abuse of process is a defendant's wrongful use of the process for an ulterior purpose and some willful act in the use of the process to accomplish that ulterior purpose.
Liability for a Person's Suicide
Traditionally, courts refused to hold a person or entity liable for a person's suicide. Suicide was considered an illegal, deliberate and intentional act that broke the chain of causation between any negligent or intentional conduct and the suicide.
Liability for a Bystander's Emotional Distress
In some cases, a bystander may recover for negligent infliction of emotional distress, even though the bystander was not directly involved in an accident. For example, a wife is walking along a city street. By chance, she sees her husband's car approaching.
Federal Teacher Protection Act -- Punitive Damages
The federal Teacher Protection Act (TPA) attempts to limit punitive damage awards against school employees in cases in which they are not immune from liability.
