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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Shopping at a big box store can be exciting and cheap, but it's all fun and games until a box falls on you.

Anyone who's visited a warehouse store like Costco or Sam's Club can attest that merchandise is packed almost from floor to ceiling, with incredibly heavy items like patio furniture and crates of bulk-rate oatmeal perched high above consumers. It doesn't take much imagination to sketch a scenario in which a box falls and injures a hapless shopper.

So when that shopper happens to be you, can you sue?

Coming down with a case of food poisoning is certainly an unpleasant experience. But is an unpleasant experience enough for a lawsuit?

In some cases, food poisoning can not only lead to a lawsuit, but may lead to a significant recovery. For example, the family of an Australian girl who suffered food poisoning at a KFC restaurant was awarded $8.3 million in a lawsuit against the chain.

So when can you sue a restaurant for food poisoning? Here's what you need to know:

You may be outside your home state for a number of reasons: vacation, seeing family over the holidays, work trips, etc. But you probably won't know what your legal options are if you're injured while visiting another state.

Odds are that you'll be able to sue for your injuries, but there may be some twists as to how and where you'll be able to file suit.

So what can happen if you get injured in another state?

When it comes to major sporting events like NASCAR races or college football games, it's not just the players on the field who are at risk of injury. Spectators may also suffer sometimes serious injuries at major sporting events.

Last year, for example, 28 people were injured at a NASCAR race at Daytona International Speedway when pieces of a car involved in crash flew into the stands. Sporting event-related injuries can sometimes be fatal, such as the man who fell to his death from an elevated walkway during a San Francisco 49ers game last season.

Spectators injured at sporting events can potentially file a personal injury lawsuit to recover for their injuries, but there are several important issues to consider when it comes to sporting even injury lawsuits.

An explosion at a Colorado fracking site has left one Halliburton employee dead and two seriously injured.

According to the Los Angeles Times, on Thursday, a frozen pipe burst at the site near Fort Lupton, Colorado, as workers were attempting to warm it. Of the three reported casualties of the explosion, one died at the scene, while two others were hospitalized and are "expected to survive."

How might this explosion have happened, and who could potentially be held liable?

Concerts generally provide a safe environment where attendees can have a good time and see (and hear) some great music.

Unfortunately, attending a concert can also sometimes result in an injury. Though these injuries are typically minor, concert injuries can also be severe, such as the Alabama man who suffered a debilitating brain injury at a Kid Rock concert last year after being attacked by another concertgoer.

In that case, the man and his family filed a $150 million lawsuit against the venue and the concert's promoters. How can you determine whether your concert injury is worth filing a personal injury lawsuit? Here are a few considerations:

If you're injured while incarcerated in prison or jail, can you still sue for your injuries?

There are remedies in both state and federal courts for injuries incurred by inmates, but depending on the cause of the injury, you may be confined to certain legal avenues.

Consider the following ways in which an inmate can sue for injuries in jail or prison:

The City of New York has agreed to pay close to $1 million to a man who suffered a stroke after being falsely arrested by the NYPD.

According to Gerardo Mayol's $540 million lawsuit against the city, New York Police Department officers allegedly mocked him after his arrest in a landlord-tenant dispute and even "refused to take him to a hospital when he became ill." The New York Post reports that doctors later determined that Mayol had suffered a stroke; he spent 20 days in the hospital because of his injuries.

How does this settlement resolve Mayol's complaints with the City of New York?

Police reports can be fantastic summaries of the circumstances of your injury, but you can sue without one.

There are a number of different reasons you may not have a police report: Perhaps you didn't report a crime, you didn't follow administrative procedures to obtain one, or maybe one was never generated. Regardless, you don't need a police report in order to make your injury case.

Here are three things you should know about suing for injury without a police report:

A fall can cause injury to anyone, but for senior citizens, falls are becoming increasing fatal.

The number of those over the age of 65 who died after a fall has increased sharply in recent years, reports The New York Times. And as Americans live longer, the numbers of seniors affected by serious or fatal falls is likely to continue increasing in coming years.

What should you know about seniors and potentially fatal injuries caused by falls? Here are five things to keep in mind: