Section 8343 – Burden of proof
§ 8343. Burden of proof. (a) Burden of plaintiff.–In an action for defamation, the plaintiff has the burden of proving, when the issue is properly raised: (1) The defamatory character of the communication. (2) Its publication by the defendant. (3) Its application to the plaintiff. (4) The understanding by the recipient of its defamatory meaning. […]
Section 8344 – Malice or negligence necessary to support award of damages
§ 8344. Malice or negligence necessary to support award of damages. In all civil actions for libel, no damages shall be recovered unless it is established to the satisfaction of the jury, under the direction of the court as in other cases, that the publication has been maliciously or negligently made, but where malice or […]
Section 8345 – No liability when without power of censorship
§ 8345. No liability when without power of censorship. Liability shall be denied and no recovery shall be allowed against the owners, licensees and operators of any visual or sound radio and television station or network of stations or against the agents, servants or employees of such owner, licensee or operator, for the publication, utterance […]
Section 8351 – Wrongful use of civil proceedings
§ 8351. Wrongful use of civil proceedings. (a) Elements of action.–A person who takes part in the procurement, initiation or continuation of civil proceedings against another is subject to liability to the other for wrongful use of civil proceedings: (1) he acts in a grossly negligent manner or without probable cause and primarily for a […]
Section 8352 – Existence of probable cause
§ 8352. Existence of probable cause. A person who takes part in the procurement, initiation or continuation of civil proceedings against another has probable cause for doing so if he reasonably believes in the existence of the facts upon which the claim is based, and either: (1) reasonably believes that under those facts the claim […]
Section 8353 – Damages
§ 8353. Damages. When the essential elements of an action brought pursuant to this subchapter have been established as provided in section 8351 (relating to wrongful use of civil proceedings), the plaintiff is entitled to recover for the following: (1) The harm normally resulting from any arrest or imprisonment, or any dispossession or interference with […]
Section 8354 – Burden of proof
§ 8354. Burden of proof. In an action brought pursuant to this subchapter the plaintiff has the burden of proving, when the issue is properly raised, that: (1) The defendant has procured, initiated or continued the civil proceedings against him. (2) The proceedings were terminated in his favor. (3) The defendant did not have probable […]
Section 8332 – Emergency response provider and bystander good Samaritan civil immunity
§ 8332. Emergency response provider and bystander good Samaritan civil immunity. (a) General rule.–Any person, including an emergency response provider, whether or not trained to practice medicine, who in good faith renders emergency care, treatment, first aid or rescue at the scene of an emergency event or crime or who moves the person receiving such […]
Section 8332.1 – Manager, coach, umpire or referee and nonprofit association negligence standard
§ 8332.1. Manager, coach, umpire or referee and nonprofit association negligence standard. (a) General rule.–Except as provided otherwise in this section, no person who, without compensation and as a volunteer, renders services as a manager, coach, instructor, umpire or referee or who, without compensation and as a volunteer, assists a manager, coach, instructor, umpire or […]
Section 8332.2 – Officer, director or trustee of nonprofit organization negligence standard
§ 8332.2. Officer, director or trustee of nonprofit organization negligence standard. (a) General rule.–Except as provided otherwise in this section, no person who serves without compensation, other than reimbursement for actual expenses, as an officer, director or trustee of any nonprofit organization under section 501(c)(3) of the Internal Revenue Code of 1954 (68A Stat. 3, […]