Federal Jurisdiction in Recreational Boating Accidents

When a recreational boating accident occurs, the first determination that must be made is whether a federal court or a state court has jurisdiction over a lawsuit that is filed with regard to the accident.

Federal Tort Claims Act -- Notice of Claim

Under the Federal Tort Claims Act (FTCA), a person who plans to file a personal injury action against the federal government must present a written "notice of claim," or "administrative claim," to the government agency that is allegedly responsible for the injury. A notice of claim is a prerequisite to a personal injury action against the federal government. If no notice of claim has been given, a court will dismiss the action.

Invasion of Privacy--Appropriation

The law provides everyone with some basic rights to privacy. Privacy is the general right to be left alone and free from unwanted publicity. Unreasonable invasion of one's privacy causes harm.

Federal Volunteer Protection Act -- Preemption of State Law

The federal Volunteer Protection Act (VPA) preempts state laws to the extent that such laws are inconsistent with the VPA. However, state laws that offer additional protections to volunteers are not preempted by the VPA.

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

In accordance with general tort principles, a person who injures a child through his or her tortious conduct is liable to the child for the child's damages. A parent who is entitled to the child's services or who has a legal duty to provide medical treatment for the child is also entitled to damages from the person for the person's tortious conduct towards the child.