Baker & Abraham, P.C. - Untitled 1

The Eggshell Skull Rule

Suppose that a mugger approaches a jogger on a street, hoping to steal the jogger's wallet. In order to disable the jogger, the mugger strikes him on the head. Unbeknownst to the mugger, the jogger suffers from a rare medical condition that has...

Tort Action for Causing a Minor Child to Leave Home

Family Law: Parental Duties & Rights: Care & Control of Children

Under the common law, a person who compels or induces a minor child to leave his or her home or to not return to his or her home...

STATUTES OF LIMITATIONS IN TORT CASES

A statute of limitations is the time period in which a plaintiff must file a lawsuit against a defendant. A statute of limitations benefits the defendant. It gives the defendant an opportunity to defend the lawsuit while witnesses are available...

Action by a Parent for a Tort against His or Her Child

Torts: Negligence

Family Law: Parental Duties & Rights: Care & Control of Children

In accordance with general tort principles, a person who injures a child through his...

Transferred Intent

In order to prove an intentional tort, such as assault or battery, a plaintiff must show that a defendant intended to commit the tort. Under the doctrine of transferred intent, a defendant's intent to commit a tort against one person may be...