Gross Negligence

"Gross negligence" means carelessness or recklessness that amounts to a conscious disregard for the safety of others. Gross negligence involves a higher degree of carelessness than ordinary negligence. For example, dumping toxic waste into your neighbor's swimming pool would constitute gross negligence.

Assumption of Risk

Under the legal doctrine of "assumption of risk," a person will not be liable for another person's injuries if the injured person has voluntarily undertaken a risk with knowledge of the dangers that are posed by the risk. The doctrine of assumption of risk may be used as a defense to a personal injury action.

Professional Rescuers

A rescuer who comes to the aid of a victim of a peril may be either an amateur or a professional, such as a firefighter or a police officer. With respect to amateur rescuers, the "rescue doctrine" may apply to allow the rescuer to recover against the creator of the victim's peril for injuries that he sustains during the rescue. However, professional rescuers are generally unable to rely on the rescue doctrine to recover for their injuries. Instead, the "fireman's rule" ordinarily prevents professionals from recovering without regard to the negligence of the creator of the peril.

Malicious Prosecution

People who attempt to redress their grievances against others in court sometimes bring actions against the wrong people by mistake or intentionally. In certain circumstances, a defendant may recover against the plaintiff who improperly brought him to court.

Criminal Conversation with a Spouse

Under the common law, there was a tort for criminal conversation with a spouse. Although most states have enacted statutes that abolished the tort, there are a few states in which a spouse may bring an action against a third party for the tort.