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.
Defense of Property
Generally, a person has a legal right to use reasonable force to prevent the commission of a tort (such as trespass or conversion) against his or her property. Therefore, if a person uses force to prevent the commission of a tort against his or her property and he or she is sued for assault, battery, or another intentional tort, he or she may claim defense of property as a defense to the action. A person is required to make a request to desist before using force to defend his or her property unless such a request would be futile or dangerous.
Tort Liability of Tenants
Because a tenant is an occupier of property, the tenant is liable for all dangerous conditions or activities that are conducted on the property just as any other occupier of property would be. However, the tenant is only liable for areas over which the tenant has control. The tenant is not responsible for areas outside the leased premises or over which the landlord has control.
Truth and Privilege Defenses to Defamation
Defamation lawsuits are not easy to win because the plaintiff must both prove the difficult elements of his or her case and avoid the many defenses to defamation. This article discusses some of the standard defenses to defamation, including truth and privilege.