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Common Law Tort Action Against Person Having Sexual Relations with Female Child

Under the common law, a person who has sexual relations with a female child is liable to the child’s parent for damages. The tort action is based on the parent’s lack of consent. Damages are based on the parent’s loss of services or the medical expenses that the parent incurred on behalf of the child as a result of the sexual relations. Although these types of cases are quite rare and some states have abolished actions for these types of cases, there are still some states in which the cause of action may be maintained.

Federal Teacher Protection Act — Preemption of State Law

The federal Teacher Protection Act (TPA) preempts state laws to the extent that such laws are inconsistent with the provisions of the TPA. However, the TPA does not preempt state laws that provide additional protection from liability to school employees.

Federal Volunteer Protection Act — Overview

The Volunteer Protection Act (VPA) is a federal law that was designed to promote volunteerism by granting civil immunity to volunteers under certain circumstances. The VPA was signed into law by President Clinton in 1997.

Liability of Owners of Baseball Stadiums

Injuries at baseball stadiums occur to both spectators and participants. They may be able to recover for their injuries in certain circumstances based on the negligence of the owner of the stadium. However, the owner may successfully defend against a lawsuit in certain circumstances.

Negligence Per Se

Ordinarily, a jury determines whether a defendant was negligent in a personal injury action. However, in some cases, a court may determine that a defendant was “negligent per se.” If a court determines that a defendant is guilty of negligence per se, then the defendant’s negligence is conclusively established and the plaintiff is not required to offer further evidence of the defendant’s negligence.

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Diana Klein
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