Negligent infliction of emotional distress (NEID) is a tort, defined as emotional distress caused by negligent action. States differ greatly as to when they allow a cause of action for NEID and exactly how damages are calculated, unlike...
accidents and injuries
negligent tort
A negligent tort refers to a legal claim or lawsuit brought against an individual or entity for causing harm or injury to another person due to their negligent behavior (See negligence). Negligence is a legal concept that arises when a person...
nonparty
Nonparty means a person or organization that is not directly involved in the litigation or contracting as a party. The person who enters into a contract, is a party to the contract, and the person who brings and has brought a lawsuit is a...
nuisance
Nuisance refers to actions by someone or something within their control that interfere with rights of either the public or private citizens outside of their property. This can be in many forms such as creating loud noises or letting water run...
one-bite rule
The one-bite rule often arises in lawsuits involving bites from domesticated animals (e.g. dog bites). This rule is a scienter requirement under common law that requires the plaintiff to first bear the burden of proof in pleading and proving...
one-satisfaction rule
The one-satisfaction rule is a common law principle that a plaintiff should only recover once for a particular injury, thereby preventing overcompensation of the plaintiff for their injury. Thus, a plaintiff who fully recovers from one...
operative fact
An operative fact is one that is directly relevant to deciding some question of law. In other words, an operative fact refers to a specific event or circumstance that gives rise to legal consequences and is crucial to the resolution of a...
partial defense
A partial defense is a type of defense that mitigates the defendant’s culpability. An example is the provocation defense in criminal law. If the defendant can prove that they were provoked to commit the crime, they can reduce their liability...
policyholder
Policyholder is a person or entity that owns an insurance policy, and is also referred to as a policy owner. A policyholder enters an insurance policy with an insurance company and is the individual to whom the policy is issued as stated in...
premium
A premium is the consideration paid for an insurance contract by someone seeking protection from predefined risks. In exchange for a premium, the insurer promises to indemnify the insured or other beneficiaries under certain conditions or...