pawlowskipa.com
Pawlowski, Fasso & Brewer, P.A.
Vince Pawlowski John B. Brewer Kim Burchins Lance Black J.R. Smith Joe DiGiore

Newsletters

 

Scope of Longshore and Harbor Workers' Compensation Act

The Longshore and Harbor Workers' Compensation Act applies to any employer who employs workers for maritime work or in a maritime occupation, either full-time or part-time, on the navigable waters of the United States or in adjoining waterfront areas.

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.

TORT LIABILITY OF MUNCIPALITIES

When a municipality is acting within its governmental capacity or is performing a governmental function, such as providing water or utility services, it is generally not liable for negligence with regard to the governmental function. However, if the municipality is acting in a proprietary manner, that is, when it owns or maintains real or personal property, the municipality may be liable for the negligence of its representatives, agents, and employees.

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.

The Foreign Claims Act

The Foreign Claims Act (FCA) was enacted in 1982 in order to provide compensation to persons in foreign countries who sustain personal injuries, who die, or who sustain property damage as a result of the actions of military personnel of the United States government while the personnel are stationed overseas.


Quick Contact
*name:
*email:
*phone:
*comment: