Gil Shaw Attorney & Counselor at Law, lawyers in Prescott, AZ, Arizona

The Death on the High Seas Act

In 1920, the United States Congress enacted the Death on the High Seas Act (DOHSA). Originally, the purpose of DOHSA was to help the widows of seamen who died in accidents at sea. Under DOHSA, a widow could file a wrongful death action against the seaman's employer or the owner of the vessel on which the seaman was working at the time of his death. The scope of the DOHSA has been greatly expanded since its enactment. More...

More Tort Law Versus Criminal Law

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 some of the distinctions between tort law and criminal law, beyond criminal law's focus on the criminal and tort law's focus on the financial harm suffered by the victim.More...

Governmental Immunity from Suit

If a party is injured by some act of a governmental unit, official, or agency, he may or may not be permitted to sue. The reason that he may be barred from suing is because of "sovereign immunity." Traditionally, this doctrine protected governmental units, officials, and agencies from liability based on their tortious acts unless they had consented to being sued. Now, this immunity has been waived in large part and only applies in certain circumstances.More...

Rescue Doctrine

A "rescuer" is one who responds to a risk of imminent peril to a victim, usually created by another party. The rescuer's efforts, however, are not always successful. In some instances, the rescuer or the victim may be injured during the course of the rescue. The "rescue doctrine" addresses the liability of the rescuer and the creator of the peril in relation to injuries to the victim and the liability of the creator of the peril to the rescuer for injuries caused during the rescue.More...

Procedure in Cases Involving Recreational Boating Accidents

If a federal court has jurisdiction over a recreational boating accident, special procedural rules will apply to the accident. These special procedural rules include a lack of a right to a jury trial, rules regarding third parties, rules regarding venue, and whether federal or state law will apply to the accident.More...