Injured - The FindLaw Accident, Injury and Tort Law Blog

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.


Recently in Negligence / Other Injuries Category

In a lawsuit filed last week in the District Court of the Cherokee Nation, located within the state of Oklahoma, the tribe’s attorney general is alleging Walmart, CVS, and Walgreens, along with 3 major prescription drug distributors, have caused great harm to the Cherokee Nation.

The lawsuit claims the defendants failed in their duties to properly monitor the distribution of certain prescription drugs that are considered federal controlled substances, and that the failure to monitor the distribution has led to a drug epidemic. Primarily at issue are the powerful opioid drugs like oxycodone, hydrocodone, and fentanyl.

We trust nursing homes to take care of our loved ones. Unfortunately, that doesn't always happen. Even worse, we may not know until too late that a nursing home isn't caring for someone we love as they should.

So how can you spot nursing home neglect? And what can you do if you do spot it?

When a juvenile detention center fails to protect the civil rights of the youth offenders allegedly being rehabilitated, they may be subjected to lawsuits brought by, or on behalf of, the offenders, their families, and/or court appointed guardians.

Although minors may not enjoy many of the same rights and privileges under the law, minors in custody still have basic civil rights, including equal protection, the freedom from cruel and unusual punishment, and the right to adequate/necessary medical care while in custody.

As such, when a juvenile detention center is found to be disregarding the rights of youth offenders, civil rights groups like the ACLU are compelled to sue to stop the violations. However, individual minors may also be able to file suit if they have been injured, subjected to violations of their individual civil rights, or abused, at detention centers.

The accidental death of a three-year-old child at a Head Start program in Dearborn Heights, Michigan, has prompted a $10 million lawsuit. The lawsuit alleges that the death could have been prevented with the exercise of reasonable, ordinary care.

The young child was playing in a gymnasium, near a wall where decades-old retractable lunch tables affixed to the wall were folded up. Without warning, the incredibly heavy tables came loose, opened up, and in the process, crushed the three-year-old child. As the lawsuit explains, the tables were not properly secured, had fallen into disrepair, and had not been used in the past several years. It is alleged that the tables crashed open due to failure to properly inspect the tables.

Vaping, or using e-cigarettes, seems to be continually increasing in popularity as the technology continues to improve. However, the number of e-cigarette explosion injury claims are also on the rise. In 2015, national headlines were made when a jury returned a $1.9 million verdict for a woman injured by an exploding e-cigarette.

Generally, the cases involve an individual who is injured as a result of an e-cigarette’s battery exploding during charging or use. When the batteries explode, not only do sparks fly, but toxic battery acid can be projected out causing even worse burns. Frequently, individuals holding an e-cigarette, or having it in their pocket, will suffer second or third degree burns as a result of the exploding batteries. Recently, a lawsuit was filed over an exploding e-cigarette device where the explosion was caught on a store’s surveillance camera.

While silicone breast implants have been around since the 1960s, for a rather long stretch in the US, they were prohibited. However, after decades of debate and research, the government declared silicone implants to be safe for medical research use in 1992, and finally in 2003, for individual use.

Despite silicone implants being considered safe to use, there are still associated risks involved for individuals who choose to get them. Apart from the risks involved with the surgical implantation itself, complications can arise many years later. In fact, the FDA and medical experts recommend that individuals with silicone implants have them checked via mammogram or MRI every other year to detect leaks, ruptures, or other potential issues. Additionally, individuals with silicone implants should expect having to replace them every ten years.

Personal injury law covers a wide range of situations, from simple slip-and-falls to complex product liability claims. With that many kinds of injuries and the millions of plaintiffs and defendants, personal injury law is bound to evolve over time.

As the law changes, it can affect the liability of parties, the number of lawsuits, and the average amount plaintiffs can recover for certain injuries. Here's a look at five recent trends in personal injury law, and how they might affect your claim.

National Dog Bite Prevention Week runs from April 9 to 15 this year. The focus of the awareness program is to educate dog owners and the public about dog bite prevention.

To draw attention to the week, the Insurance Information Institute, in collaboration with State Farm, released a shocking report detailing the increase in dog bite claims over the past decade. Last year alone, there were over 18,000 claims filed against homeowners due to dog bites, which is nearly 3,500 more claims than in 2006.

If you are injured by someone else’s negligence while shopping at a Walmart, or any big box store, you may be wondering what you need to do in order to recover. Depending on how the injury happened, you may be able to negotiate a settlement with a claims representative. If your claim is against Walmart itself, you’ll likely need to file a lawsuit against the store (as Walmart has a bad reputation for not settling injury claims).

What might come as a shock to many is that Walmart tops the charts when it comes to the number of lawsuits they face annually. While recent statistics are difficult to track down, at one point, the goliath faced approximately 5,000 new cases per year, or nearly 13 lawsuits every single day.

When a person is injured in an auto accident, they may be entitled to recover monetary damages for their injuries. In some circumstances, an injury victim can be entitled to recover after suffering an emotional, or mental health, injury, such as post traumatic stress disorder (PTSD), as a result of a car accident. Unless the mental health injury rendered a person incapacitated, they will need to file a lawsuit within the normal time period allowed by their state to file.

While uncommon, in severe auto accidents, particularly when there is a loss of life, severe injuries, or maybe just a whole lot of property damage, it is easily foreseeable that an individual could suffer from PTSD. However, to establish a personal injury case based upon a PTSD diagnosis can be rather challenging. Unlike broken bones, cuts, bumps, and bruises, a mental health injury may not visible on the surface.