Federal Tort Claims Act - Discretionary Function Exception

The Federal Tort Claims Act (FTCA) bars claims that are based on the performance or failure to perform a discretionary function or duty of a federal agency or federal government employee, even if there is an abuse of discretion. According to this "discretionary function exception," a personal injury action cannot be filed under the FTCA if the employee's negligence arises from a discretionary function or the execution of a statute or regulation.

The Federal Employers' Liability Act

The Federal Employers' Liability Act (FELA) is an act that deals with a railroad carrier's liability to its employees for industrial accidents. If the carrier is engaged in interstate or foreign commerce, the carrier will be liable for its employees' injuries or death. However, the carrier is only liable for injuries or death that result from the negligence of the carrier's officers, agents, or employees or from a defect in the carrier's cars, engines, tracks, or machinery.

Tort Law--Deterrence and Avoiding Self-Help

Apart from legislation granting a right to sue for a specific harm, personal injury law generally consists of tort law and the civil procedure for enforcing it. Most scholars agree that tort law has four purposes: (1) compensation for damages; (2) financial responsibility; (3) deterrence; and (4) avoiding self-help. This article discusses the purposes of deterrence and avoiding self-help.

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.

Rights and Duties of Pedestrians

A pedestrian generally has a right-of-way in a crosswalk. A motor vehicle driver is required to yield the right-of-way to a pedestrian in a crosswalk, even if the driver has a green light. If a pedestrian control signal is working and is in the "walk" position, the pedestrian has the right-of-way. If the pedestrian control signal is not working, a motor vehicle driver is required to yield the right-of-way when the pedestrian is on the driver's side of the road or if the pedestrian would be in danger.