A premium is the consideration paid for an insurance contract by someone seeking protection from predefined risks. In exchange for a premium, the insurer promises to indemnify the insured or other beneficiaries under certain conditions or...
accidents & injuries (tort law)
prenatal tort
A prenatal tort is a type of tort that involves unborn children.
Dietrich v. Inhabitants of Northampton first denied recovery for any prenatal torts in 1884. The Dietrich Court ruled that there is no recovery for any...
private necessity
Private necessity is a defense in tort law against charges of trespass in situations where defendants have interfered with the plaintiff's property in an emergency to advance or protect their own interests.
In Benamon v....
private nuisance
A private nuisance is a nuisance that violates a private right not common to the public or causes damage to one or a limited number of individuals. A private nuisance involves the use of one’s property in a manner that causes significant harm...
product liability
Product liability is a doctrine that gives plaintiffs a cause of action if they encounter a defective consumer item. This doctrine can fall under negligence, but it is generally associated with strict liability, meaning that defendants can be held...
products liability
Overview
Products liability refers to the liability of any or all parties along the chain of manufacture of any product for damage caused by that product. This includes the manufacturer of component parts (at the top of the chain), an assembling...
property damage
Property damage is injury to real or personal property. An example could be a chemical leak on a piece of real estate, or damage to a car from an accident. Property owners can obtain property insurance to protect against the risk of property damage...
property tort
A property tort is a sub-category of torts relating to damage to property. It is an unlawful interference by one person, of another’s enjoyment of their private property. It arises when the right invaded is a property right rather than a...
proximate cause
A proximate cause is an actual cause that is also legally sufficient to support liability. Although many actual causes can exist for an injury (e.g., a pregnancy that led to the defendant's birth), the law does not attach liability to all the...
public necessity
In tort law, the public necessity defense can be used against charges of trespass or conversion where a defendant reasonably believes interference with a plaintiff’s property is necessary to prevent an imminent emergency situation. The...