Negligence / Other Injuries: Injured
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

Fun workplaces are all the rage, but it turns out they can also be dangerous. Rackspace Hosting, a cloud computing company, installed a two-story slide at its Texas headquarters and is now being sued for the second time over injuries sustained on the slide.

While the first slide-related lawsuit against Rackspace settled in January, the latest was just filed this week.

When we trust the health and well-being of our friends and loved ones to nursing homes, we hope they respect and honor that trust. But if someone you care about is injured at a nursing home, should you file a lawsuit?

Each case is different, and a lawsuit may not always be necessary. Still, if you are considering filing an injury claim against a nursing home, here are a few things to be aware of:

We all make mistakes, and some of those mistakes are more permanent than others. If one of your mistakes involved a bad tattoo or a bad tattoo removal, you may be wondering if you have legal recourse against the tattoo artist, the shop, or the clinic that tried to remove the tattoo.

So here are a few legal considerations if your ink has you irked:

A simple Google search for "snowmobile accident" returns a distressing number of results, many detailing significant injuries or even deaths. With snowmobile sales on the rise and winter weather feeling more extreme, snowmobile accidents statistics may only get grimmer.

It may be easy to assume that snowmobiles would be treated exactly like automobiles and other vehicles when it comes to accidents. In fact, a 2003 study indicates that snowmobiles cause a higher rate of injuries and fatalities than road traffic.

And there are some areas where the law treats snowmobiles, and their drivers, differently. Here's a general overview of what you need to know:

It feels like arbitration has been coming up in the news more frequently lately, from NFL injury lawsuits to Sirius XM in your new car to Lance Armstrong. It's possible that you're subject to an arbitration clause and may not even know it.

So how can these clauses affect a potential injury claim? Here's a general overview:

We may not realize how often we use buses, from airport shuttles to casino tours to intercity transit. And as you can see from the above links, bus accidents happen and people can be seriously injured in bus crashes.

If you've been injured in a bus accident, you may be wondering if you can be compensated for your injuries, and if so, how much. While every accident case is different, some key factors may determine how much you can recover in damages.

This week, Alameda County paid $8.3 million to the family of a man who died while in the county's Santa Rita Jail. The settlement was the largest of its kind, and included Corizon Health, the largest supplier of private health care services to prisons in the country.

In the past, we've noted how difficult it can be for inmates to bring injury lawsuits, and wondered whether an inmate can sue for injuries at all. It's still too early to tell if this recent settlement will make future suits easier, but here are three possible lessons the Alameda case can teach us about inmate injury claims.

Many personal injury attorneys offer free consultations. This allows a lawyer to learn more about the facts surrounding your case before deciding to take you on as a client.

As the first step in the process of pursuing a potential personal injury claim, your initial meeting with an attorney will also be an opportunity for you to find out more about your legal options and to get a feel for whether you and the attorney would work well together.

But how do these initial meetings work? And what should you expect from a free consultation with a personal injury attorney?

When calculating damages for an injury lawsuit, lost wages are often included in the total amount.

Lost wages typically include money that a plaintiff would have earned from the time the injury occurred until the settlement is reached or a trial is complete. However, an injury lawsuit may also seek recovery for the loss of future wages, known as earning capacity. Damages for lost earning capacity seek to compensate an injured person for his or her diminished ability to earn money in the future due to impairments caused by an injury.

When can a plaintiff seek these two types of damages?

A man who claims he was injured on a Southwest Airlines flight by a falling carry-on bag has filed a lawsuit against the airline.

Jerry Reinhardt was seated on a Southwest plane at Portland International Airport in 2013 when another passenger tried to fit a large carry-on bag into the compartment above Reinhardt's head, reports The Oregonian. Reinhardt's lawsuit claims that when a flight attendant came to help the passenger cram the bag into the overhead bin, the bag fell on him, causing him to suffer an injury.

Why does Reinhardt think the airline should be responsible for his injury, and how much is he seeking to recover?