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Full-Text Articles in Law
Injuries From Fright Without Contact, Larry Grean
Injuries From Fright Without Contact, Larry Grean
Cleveland State Law Review
Mental distress situations occur throughout the field of torts in cases ranging from assault and trespass to seduction, false arrest, slander, malicious prosecution, and others. They occur in intentional and unintentional situations, and in cases where there is willful and wanton negligence. There may be mental distress over one's own predicament or over fear for the safety of a third party. Physical injuries may or may not result from the mental distress and the element of "impact" (contemporaneous physical injury) becomes an additional factor to consider. However, when it comes to the question of recovery for either mental distress alone …
How F.E.L.A. Became Liability Without Fault, Gaspare A. Corso
How F.E.L.A. Became Liability Without Fault, Gaspare A. Corso
Cleveland State Law Review
The Federal Employers' Liability Act supersedes the common and statutory law of the states ("There is no federal common law"), and this is true regardless of where the action is brought. Under common law, the injured employee was faced with the burden of proof and obliged to overcome the defenses of contributory negligence, assumption of risk and the fellowservant rule. But it is apparent that Congress was dissatisfied with the common law approach to the master-servant relation-ship. The practical effect (at the very least) of the F.E.L.A. is to abolish many of the defenses available at common law to an …
Fireworks, Explosives, Guns, And Minors, George Braun
Fireworks, Explosives, Guns, And Minors, George Braun
Cleveland State Law Review
In most of the United States the laws governing the sale and use of fireworks, explosives and flammable decorations follow the form of control regulations recommended by the National Fire Prevention Association. These severely restrict the use of explosives and fireworks (with the exception of paper caps for toy guns) to adults. Ohio has led the trend by imposing safeguards more restrictive than most states and, by recent statutes together with decisions, imposing strict standards against manufacturers, sellers, keepers, users or other handlers of explosives and fireworks in attempts to effectively control the hazards presented by these products.