Truth and Privilege Defenses to Defamation

Defamation lawsuits are not easy to win because the plaintiff must both prove the difficult elements of his or her case and avoid the many defenses to defamation. This article discusses some of the standard defenses to defamation, including truth and privilege.

Family Car Doctrine

Under the family car doctrine (or family purpose doctrine), the owner of a car is liable for a plaintiff's personal injuries if the injuries were caused by one of the owner's family members while driving the car. The doctrine applies only to cases in which the car is owned for family purposes and the owner's family members had his or her express or implied permission to drive the car.

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.

Liability of Air Traffic Controllers

Air traffic controllers are responsible for the flow of air traffic in and around airports. The controllers must be licensed by the Federal Aviation Administration (FAA). The duties of the controllers are set forth in operations manuals that are prepared by the FAA. The controllers must transmit the information that is set forth in the manuals and must take all steps that are necessary for the safety of pilots and passengers.

Defenses to Actions Involving Recreational Boating Accidents

When a plaintiff files a lawsuit regarding a recreational boating accident, the defendant may claim defenses that are similar to those available in any other accident case. Such defenses include that the accident was inevitable, that the plaintiff was contributorily negligent or assumed the risk, that there was a superseding cause, or that the plaintiff's action is barred by the doctrine of laches or by a statute of limitations.