Russo, Scamardella & D'Amato
1010 Forest Avenue, Staten Island, New York 10310 , Phone: 718-442-0900, Fax: 718-816-8037
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Proximate Cause

In order to win a personal injury action, a plaintiff must prove that a defendant's negligence caused the plaintiff's injuries. In negligence law, there are two types of causation: (1) "cause in fact"; and (2) "proximate cause." The plaintiff must prove both types of causation.

Classifying Torts

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. This article discusses how tort law is classified.

Publication of a Defamation

A lawsuit for defamation has the following basic elements: (1) making a false statement; (2) about a person; (3) to others; and (4) actual damages (if the harm to the person is not apparent). There is a fifth element when the person is a public official or public figure. The person who made the statement has to have made it with a known or reckless disregard of the truth. This article discusses the third element, making a statement to others, known as publication.

Rules Regarding Unusual Driving Conditions

When the weather or other conditions affect a driver's view of a highway or roadway, the driver has a duty to act with reasonable care under the circumstances. In other words, the driver is required to act with the same degree of care that a reasonable person would have acted under the circumstances.

Torts in Snow Sports

Injuries are common in snow sports because of the dangerous nature of the activities. Under certain circumstances, an injured party may be able to recover for injuries that are caused by improperly maintained conditions or equipment.

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