Injured - FindLaw Accident, Personal Injury and Tort Law Blog

Injured - The FindLaw Accident, Injury and Tort Law Blog


Maybe it was a parking lot fender bender that didn't seem to cause any damage or an accident that occurred when someone else was driving your car.

Whatever the case may be, if you are contacted by another party regarding a car accident, you may be taken by surprise. And unfortunately, doing or saying the wrong thing may have repercussions in the event of an accident lawsuit.

So what should you do if you're contacted about a car accident?

Sometimes when you are injured and your property is damaged, you may not know the identity of the culprit. But just because the person responsible is unknown doesn't mean you can't sue.

The American legal system is actually set up to handle lawsuits where many (or all) of the defendants' identities are a mystery. It may make your case less likely to be a success, but not knowing a name or address isn't a fatal blow to a civil lawsuit.

So how can you still sue if you don't know who injured you?

When you've been injured by a product, you may be wondering if you have a legal case that's worth pursuing.

Defective products can hurt consumers in a variety of ways, but victims often worry that something they did with the product will prevent them from recovering. Perhaps they voided the warranty by trying to repair it, or even used it in a non-traditional way.

Consider the following general product liability principles to decide whether you have a good injury case:

Two-piece swimsuits at a waterpark, sure. But how about two injury lawsuits?

Kentucky Kingdom's Hurricane Bay is now the subject of two lawsuits alleging that staff allowed patrons to use the wrong inner tube for a particular slide. Louisville's WDRB-TV reports that two patrons, Brandon McClellan and Felicia Evans, have filed suit against Kentucky Kingdom for injuries incurred after falling out of the slide.

Is Kentucky Kingdom liable for these waterpark victims?

In a personal injury case, a successful plaintiff is compensated financially according to the amount of his damages by what are called compensatory or actual damages.

But these damages may not be the only type of damages available to a plaintiff in an injury lawsuit. In some cases, a plaintiff may also receive punitive damages -- known in some jurisdictions as exemplary damages -- in addition to an award of compensatory damages.

What are punitive damages and when are they available?

Workplace injuries can be caused by a variety of mistakes or omissions, and sometimes the victim feels that he or she is entirely to blame.

And it's not entirely untrue. As this series of Canadian workplace safety PSAs illustrates (in incredibly graphic fashion), an "accident" at work is likely due to a combination of preventable errors on both a supervisor and employee's part.

But even if the employee was largely at fault for the accident, in America, he or she can still potentially be entitled to workers' compensation. Here's why:

Two toddlers were hospitalized with severe injuries after a bounce house they crawled into was thrown into the air by wind.

The injured children entered the bounce house at New Hampshire's Sullivan Farm, "a popular spot for apple and pumpkin picking," reports The Boston Globe. The New Hampshire Bureau of Tramway and Amusement Ride Safety commented that because the bounce house was "not open to the public at the time," the case is out of their hands.

Who, if anyone, could be held liable for the toddlers' injuries?

CrossFit Injuries: Can You Sue?

CrossFit is growing increasingly popular, with gyms catering to fans of the high-intensity workouts opening across the country.

But along with CrossFit's fitness benefits may also come the risk of injury. A 2012 Ohio State study on CrossFit workouts that found although tests subject showed a marked improvement in fitness, several of the subjects were unable to continue with the study due to "overuse or injury," reports Bloomberg Businessweek. That study is now the subject of multiple lawsuits by both the owner of the gym whose members took part in the study as well as CrossFit Inc., the company who owns the CrossFit brand.

But regardless of whether CrossFit is more dangerous than other workouts, the question remains: If you're injured while doing CrossFit, can you sue?

A handful of states are reconsidering a certain brand of highway guardrails after investigations revealed they were harming drivers instead of protecting them.

Trinity Industries, the manufacturer of the highway guardrails, reportedly made a change to its design in 2005, one that allegedly can cause the guardrail to impale an impacting vehicle rather than curl out of its way. The New York Times reports that guardrails with this questionable design were installed "coast to coast" over at least seven years, prompting a rival company to sue under federal law.

How are states' responses and this federal lawsuit working to remove allegedly dangerous guardrails from the nation's highways?

Wearing your seat belt isn't just a good idea, safety-wise; it's also generally required by law.

That being said, not everyone wears a seat belt all the time, whether because of forgetfulness or conscious choice. What happens when a person who is not wearing a seat belt is involved in an automobile accident and is injured?

Can you still sue if you weren't wearing a seat belt? The short answer is yes, but it may be more difficult to recover the full amount of your damages in some states.