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.

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Depending on how a child is injured, a parent may want to explore the legal remedies their child has for their injury. While children are generally resilient and can bounce back from most injuries, there may be times when that is not the case. Regardless, a child, like an adult, has the right to live life free of being injured due to the negligence of others, and when they are injured as a result of negligence, they possess a legal claim for damages.

If your child was injured at school, daycare, or kindergarten, your child may have a legal claim depending on how the injury occurred.

In life, like in business, sometimes the most rewarding things, involve the most risk. Unfortunately for thrill seekers, there are some pretty serious consequences. In 2015, a 39-year-old Minnesota man was at an AirMaxx trampoline park with his son and wound up paralyzed from the neck down due to jump and fall. The facility had a foam pit that the man jumped into; but he landed on his neck, severing his spinal cord.

Despite having signed a waiver of liability prior to starting to jump around, the man’s attorneys alleged gross negligence, which generally cannot be waived. The trampoline park and plaintiff recently settled the man’s injury case for $3 million during mediation.

As the old saying goes, when fighting monsters, a person has to be careful not to become a monster themselves. However, when a person works for a company that forces them to watch videos that are nothing less than monstrous, the company might be responsible for protecting employees’ mental well-beings. A recent lawsuit by two Microsoft employees against their employer is premised on that neglected responsibility.

The two employees are suing because they were pushed too far into the belly of the beast and emerged on the other side with PTSD. The beast in this instance is the internet, and as part of their online safety jobs at Microsoft, these employees were required to monitor online content and review the content that needed to be removed.

The men assert that the content they were forced to view included the most base and vile content imaginable, ranging from child pornography to murder. As a result of viewing this content, both men allege that they have suffered psychologically, and that both now have PTSD as a result of viewing disturbing content.

In some limited situations, an individual can be sued for yelling at or for insulting another person. While the threshold for when an insult or scream crosses the line is rather hazy, there are some clearly defined lines that are helpful.

For instance, if the yelling is threatening violence, or is done in a way where the listener fears for their physical safety, there are likely possible legal consequences. Not only is the act of making a threat of violence illegal in every state criminally (so long as the threat is credible), but it can also lead to civil torts, such as assault, or intentional inflection of emotional distress.

A passenger aboard one of Princess Cruises’ ships is suing over a disgusting injury that occurred in the ship’s public bathroom. The lawsuit, which is, at its heart, the result of a slip and fall, claims the cruise company is responsible for the injuries the plaintiff suffered.

The passenger, who was on a vacation with her husband, went to use the public restroom while the ship was docked for repairs to its sewage system. When she reached the bathroom, she discovered that the toilet was overflowing with sewage. Before she could leave, she slipped and fell on the sewage, struck her face on the door, and was knocked unconscious on the disgusting bathroom floor.

On December 2, 2016, tragedy struck at a warehouse that had been illegally converted into a mixed-use residential and workspace for artists. During a dance party event that was taking place on the second floor of what is being described as a labyrinth-esque warehouse space, a fire broke out on the first floor. Due to the way the interior structure had been built, every person who attended the event was trapped on the second floor as the fire consumed the building, eventually causing the roof to collapse, and killing 36 people.

The aftermath of the fire, apart from the intense grief of those who lost loved ones and friends, is shaping up to be a legal quagmire. The first two wrongful death lawsuits were recently filed, and each names a rather long list of defendants, including the building’s owners, as well as the individual who held the lease on the building, and the owners of the neighboring buildings that were supplying power and other resources to the warehouse. Additionally, the individual who was promoting the event was named. Several local government entities are expected to be named in the lawsuit as well, once the administrative requirements of the California Tort Claims Act are satisfied.

Plastic surgery, like any other surgery, has its attendant risks. If something goes wrong, then a person may be considering taking legal action. However, whether or not to file a lawsuit over a plastic surgery gone wrong should be carefully considered.

Cases against medical professionals are complex and nuanced, and are often subject to shorter deadlines than other types of cases, so seeking legal advice as soon as possible is recommended if you think you have a case. The following plastic surgery lawsuit questions might help point you in the right direction.

When an individual is under the care of a hospital or nursing home and ends up with a bedsore, also known as a pressure sore, that usually means something is amiss. If the individual is not conscious, or immobile, or otherwise unable to appreciate the gravity of their confined-to-a-bed situation, a hospital or nursing home could very well be liable for bedsores.

Bedsores can vary in severity, but are generally caused by the prolonged application of the pressure of the weight of the body on the skin and tissue. Bedsores do not occur if a person is carefully monitored, regularly repositioned, and provided with the proper care or resources, even when they are at risk.

A cyclist in La Jolla, California, will be receiving a $235,000 settlement after filing a lawsuit over injuries she sustained as a result of hitting a pothole while cycling. This was no ordinary pothole though, as it measured approximately 3 inches deep and 15 inches wide. The cyclist, Cathleen Summerford, injured her head, pelvis and lower back after hitting the pothole and flipping over her handlebars.

One critical fact in this case was that the City and County of San Diego, where La Jolla is located, had been provided with multiple complaints about potholes on the roadway that Ms. Summerford was injured on. As such, because the city had knowledge of the road conditions, a negligence case could be established.

A Washington, DC attorney has filed a $50 million lawsuit against the Washington Metro system. The lawsuit stems from the injury the attorney suffered as a result of a pipe falling from the ceiling and hitting him in the head last year. The attorney then stumbled onto the escalator from the below ground platform, and was escalated above ground, where he received help.

Unfortunately for the WMTA, the attorney is employed at a large law firm which has taken on the job of representing their employee. While the $50 million in claimed damages may seem high, for a Harvard Law grad that had a starting salary of $200,000, who is no longer able to work, and may require a lifetime of medical treatment/care, it could actually be low.