Negligence / Other Injuries: Injured
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Negligence and Other Injuries

Negligence is the most commonly used legal principle in personal injury lawsuits. Essentially, the concept of negligence rests on the idea that the defendant owed some sort of a duty to the injured party and that duty was somehow breached. The duty is usually breached through an action or inaction of the defendant. The breach of the injury must have been the proximate cause of the injury.

There also exists an element of foreseeability in negligence. For there to be a valid negligence claim, the injury must have been foreseeable in the actions (or inaction) of the defendant and the injured party must have been within a "zone of danger". The concept of foreseeability is sometimes different among the states but the general premise is the same.


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Trending Personal Injury Questions From FindLaw Answers

You’ve got questions … we’ve got answers. If you have not yet asked or answered a question in FindLaw’s Answers community, what are you waiting for? This amazing free resource supports a dynamic community of legal consumers and attorneys helping each other out. Simple as that.

We see a lot of great questions in our Answers community every day. Here’s a look at some recent questions relating to injuries, accident, and torts from our FindLaw Answers boards:

We get massages to relax, heal an injury, or as long-term therapy. In essence, we go to a masseuse to feel better. But that's not always the case.

As with any medical or therapeutic treatment, a massage doesn't always go as planned, and sometimes a massage can result in injury. If that happens, can you sue?

A central tenet of yoga practice is mindfulness. And for conscientious yoga instructors, there’s a way to bring legal peace of mind to your practice.

While yoga injury lawsuits are rare, they do occur. Having liability insurance for your yoga practice could help keep you and your business safe.

For school kids, it’s as ubiquitous as pencils, paper, and notebooks. (Wait, do kids even use pencils, paper, and notebooks anymore?) The school liability waiver.

For field trips, sports, and other extracurricular activities, schools say not signing the waiver means your child can’t participate. But do you really have to sign? And what does signing the waiver mean?

In a tragic story, an Albuquerque teen was shot at a party and his friend called 911. The girl who called became exasperated by the dispatcher’s repetitive questions. The dispatcher responded to the girl’s exasperation by saying, “Ok, you know what, ma’am? You can deal with [this] yourself. I’m not going to deal with this, ok.” The dispatcher then hung up on her, and her friend was pronounced dead at a hospital.

This leads to the question: Can 911 operators be held liable for either not responding to complaints or providing inadequate help?

Playground Injuries: Can I Sue?

As every parent knows, kids are accident prone. Each time your child leaves a playground without a broken bone or a scraped knee, you can count it as a victory. But sometimes accidents are bound to happen.

Playgrounds might seem like innocent symbols of childhood, but the potential for injuries are great. From minor scrapes and bruises to painful cuts and bone breaks, more than 200,000 children are treated for playground-related injuries each year.

If your child is injured on the playground, can you sue?

Sometimes, getting compensation for your injuries can be as easy as writing a strong and convincing demand letter.

Here are some tips to help you write a powerful personal injury demand letter:

What’s your worst nightmare? Mine is getting stuck in an elevator.

There’s a slight twinge of fear every time I step in an elevator. The fear grows when more than three people enter it with me. When the doors don’t open right away when the elevator reaches my level, the fear turns into momentary panic. Don’t laugh. Getting stuck or injured in an elevator is not as rare as you would think!

If you ever get stuck in an elevator, can you sue?

Let’s face it, prisons aren’t exactly sterile environments. And some states (e.g. California) are just regaining control of health care in correctional facilities after federal authorities had to take over because of allegations of substandard care.

Therefore, getting sick in prison is a distinct possibility, especially if you have a previous condition like diabetes or heart disease. So if you get sick in prison, or if your condition worsens due to prison conditions, can you sue for damages?

You've filed a personal injury claim, and now you have a deposition coming up. Are you ready?

During the discovery process of a lawsuit, both sides try to get as much information as possible about the case. One of the ways to do this is to interview witnesses and parties in a deposition. In a deposition, one side's attorney will as the deponent (you) a series of questions. You are under oath to answer truthfully.

While depositions may seem daunting, they don't have to be. Here are five tips to remember during your deposition: