Allen & Flatt Incorporated, lawyers in Newport Beach, CA, California

AVIATION LITIGATION

Aviation litigation may involve commercial or private airline accidents. When a flight crosses state lines or when an aircraft contains passengers from several different states, an accident will often result in large multi-party lawsuits and litigation in several states or in several federal district courts. More...

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. More...

Federal Tort Claims Act -- Scope of Employment

The Federal Tort Claims Act (FTCA) applies to claims for personal injury caused by the negligence of a federal government employee who is acting within the scope of his or her employment, under circumstances where a private person would be liable under state law. Therefore, in order for the FTCA to apply, the employee's negligence must occur within the scope of his or her employment. Generally, a federal government employee is acting within the scope of his or her employment if the employee is engaged in an authorized activity that serves a governmental purpose.More...

Acts of God

In the context of the law, an "act of God" is an accident caused by extraordinary natural forces. An accident caused by lightning, a flood, a hurricane, or an earthquake may constitute an act of God. More...

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.More...