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.


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Individuals that are thinking about filing a lawsuit are often confused by the various parts of a lawsuit. One of the more confusing parts of any lawsuit is discovery, or the exchange of facts and evidence between the parties.

Discovery is the legal term used to describe the different processes that require parties in a lawsuit to exchange information that each side possesses. For example, in an employment law case, a fired employee will want to see their personnel file, and through discovery, an employer would likely be required to provide those documents.

Below, you can read about the discovery process, the various tools, and how disputes get resolved.

Fireworks are really dangerous. Not only can the explosions and fire destroy property, but people can be severely injured. In some states, and localities, certain fireworks require permits, and oftentimes those permits require insurance. Regardless, there really is nothing quite like safely firing off some giant fireworks into the night sky. Heck, even medium sized ones are fun. But, with great firepower comes potentially even greater legal liability.

If your property is damaged when a neighbor sets off fireworks, even if illuminating the night sky is legal in your state, you can still sue. If there are laws against using fireworks in residential areas, or your city or state, and a neighbor causes your property damages, they could potentially face criminal penalties as well.

Summer is the perfect time to get back to nature. And while nature can contain beauty, quiet solitude, and a break from the hustle of a job and city life, it can present its own set of dangers. From insects and animals to rocky trails, and, yes, falling trees, Mother Nature can be an unwelcoming host.

Perhaps that's part of the allure of camping, but what happens when something goes bad in the great outdoors? Here's a look:

Shopping carts may seem innocuous enough, even cute if they're designed like race cars and carrying toddlers around the store. But they become a bit more sinister after an accident, especially one causing injuries. Shopping carts injure 24,000 kids every year, according to one study, and can become especially dangerous during peak shopping hours -- like after work -- or peak shopping days -- like Black Friday.

If you're injured by a shopping cart in or outside of a store, do you have a legal claim? And whom can you sue?

As the old saying goes, "It's all fun and games until someone gets hurt." And with more fun and games over the summer months comes more opportunity for injury. While we hope everyone stays safe this summer, some injuries are inevitable.

So here is some of our best advice for avoiding and dealing with summertime injuries, from our archives:

American Airlines is facing a lawsuit over its allegedly deplorable treatment of a man with no feet. Michael Mennella, who lost both feet due to an auto accident over five years ago, was removed from an American Airlines flight, for allegedly being intoxicated. Mennella alleges he was removed as a result of discrimination and negligence.

The flight was diverted, and made an emergency landing in Texas, where Mennella was removed from the plane by officers. Although American Airlines claimed Mennella was intoxicated, law enforcement found no evidence of intoxication whatsoever. He was told that he would be arrested on felony charges, but was released once officers starting talking with him. He was not booked, nor charged. Fortunately, Mennella was able to catch a flight to his final destination on another airline. However, being removed from the flight was the final straw to an already aggravating experience.

Beyond the decision whether to sue a company or corporation for injuries, there is the decision of where to sue a company or corporation. Is it where you live? Where the company is headquartered? Where the injuries occurred?

Those options got whittled down considerably yesterday when the Supreme Court ruled that a Texas-based railroad company couldn't be sued in Montana for injuries that were sustained elsewhere. The decision could have a significant impact on future personal injury cases.

The Planet Hollywood casino-hotel in Las Vegas is known for its memorabilia. Autographed wardrobe items, set pieces, and other film collectibles line the casino and adorn hotel room walls. But apparently one of those relics got a little too real for one guest.

Kent Jacobs Boutwell thought a life-sized mannequin wearing a "Miller Lite" racing suit was a life-threatening intruder and sent him racing from his room, suffering injuries to his "body, limbs, organs and nervous system," that might be "permanent and disabling."

Criminal convictions can make nearly every facet of a person's life miserable. Even minor criminal convictions that people don't ordinarily even consider criminal, like traffic tickets, can upend a person's life.

Sadly, when it comes to a civil injury case, criminal convictions can matter significantly. While not all convictions will have a significant impact, more recent and more serious convictions are likely to pose more of a challenge. It is important to note, however, that state laws will vary regarding what kinds of convictions can be used in both civil and criminal courts and when.

When your property gets destroyed or damaged by another person, you may be left wondering what you can do, legally. Under the law, if a person damages your property, whether intentionally or negligently, barring extraordinary circumstances, they will generally be liable for the damages caused.

Although it is a rather common problem that people have to deal with, individuals frequently have questions about their legal rights when it comes to property damage claims. Below are five of the most frequently asked questions about property damages claims.