Boris Zivotov, Esq., P.C., lawyers in Brooklyn, NY, New York

False Imprisonment

Have you ever been detained for questioning at a department store because an item in your shopping bag set off an alarm at the exit? If so, you may have considered suing the store for false imprisonment. In most cases, however, you would lose.More...

Proving Defamation Damages

A lawsuit for defamation has the following basic elements: (1) making a false statement; (2) about a person; (3) to others; and (4) actual damages (if the harm to the person is not apparent). There is a fifth element when the person is a public official or public figure. In such a case, the person who made the statement has to have made it with a known or reckless disregard of the truth. This article discusses the fourth element, actual damages.More...

Negligence

An injured plaintiff may bring an action against a defendant to recover for injuries caused by the defendant's negligence. Negligence is generally the failure to use the care that a reasonable and prudent person would use to avoid an injury. To maintain a negligence action, the plaintiff must prove that the defendant owed a legal duty to the plaintiff, that the defendant breached the duty, that the breach was both the actual and proximate, or legal, cause of the plaintiff's injury, and that the plaintiff suffered damages.More...

Federal Tort Claims Act -- Intentional Torts Exception

The Federal Tort Claims Act (FTCA) applies to claims arising from the negligence of a federal government employee. The FTCA specifically bars claims that arise from an "intentional tort" committed by a federal government employee. More...

The Jones Act -- Definition of a Seaman

The Jones Act applies only to a "seaman" who is injured while working aboard a vessel in navigable waters. In order to be a "seaman" within the meaning of the Jones Act, the worker must meet certain requirements.More...