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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When Kyler Prescott checked into the Gender Management Clinic at San Diego's Rady Children's Hospital, he was looking for help. The 14-year-old transgender boy was being bullied and harassed by teachers and peers regarding his gender identity, and was suffering from depression and anxiety.

But instead of receiving sensitive care for "suicidal ideation" and "serious self-inflicted lacerations," hospital staff repeatedly misgendered Kyler and actively denied requests that he be referred to as male. A month after his early release from Rady Children's, Kyler killed himself.

The advances in 3D printing technology are creating a legal gray space for product liability. Generally, when a person is injured due to a defective product, or failure to warn, the manufacturer, designer, and/or the company that put the product into the marketplace can be found liable for the injury. But 3D printed objects don't exactly fit the current legal framework.

At first blush, one might think that the person who provides the design is going to be liable. However, the first question that arises is whether the design was compatible with the type of printer used. Then, it needs to be asked whether the printer caused the defect. Then, you need to find out whether it was the materials used in the printer that caused the defect.

Also, because 3D printed items require a user to print the design, you need to factor in user error and the ever elusive failure to warn on the part of designer, manufacturer, retailer, and component makers. Clearly, there are many considerations that make finding out who is liable much more difficult than one might initially think.

Technology enthusiasts across the world have been enjoying the current big thing: The Internet of Things. These things include smart lightbulbs, smart thermostats, smart refrigerators, smart water bottles, and of course, smartwatches. After the release of Apple's update to their iconic smartwatch, there has been much discussion about whether these new wearables increase the risk of distracted driving.

While one might think, at first blush, that a smartwatch would qualify as a "hands-free" device, it is in fact the exact opposite. While notifications may appear on the screen without having to touch the screen, simply by virtue of where the watch is worn, it literally requires your hand. Viewing the screen while driving can require taking your hand off the wheel, as well as focusing on a tiny, brightly lit screen. Basically, using a smartwatch while driving is a recipe for disaster, and can make proving negligence against you much easier if an auto accident occurs.

Touring a haunted house attraction is supposed to be scary. If you rub shoulders with the Grim Reaper, you can count that as having a good time. But the dangers aren't supposed to be real. If they are, and if someone gets injured, the haunted house may face real legal liability.

In 2014, a woman was severely injured while attending the Erebus Haunted House in Pontiac, Michigan after a moving wall caused her to slip and fall. She sustain multiple fractures as well as other injuries.

Ms. Turner's lawsuit alleged that she was knocked down in an area with inadequate lighting. Mr. Terebus, owner of the Erebus Haunted House, has only commented that the operation is safe and that it has been in operation for a long time. This month, the case settled for $125,000.

Knowing a man who made threats against your family is being released from custody is a pretty good reason to have a home security system installed. Unfortunately for 64-year-old Michael Martin and 51-year-old Ricky Lee Anderson, the installation did not come soon enough. They were killed by Brandon Willie Martin (Martin's son and Anderson's nephew) in a vicious attack that also claimed the life of 62-year-old Barry Swanson, who, tragically, was at Martin's house installing a home security system at the time.

Now, the victims' children are suing ADT, claiming the home security company and its subcontractor Home Defender Inc. knew the attack was happening and failed to alert authorities. But do security system companies, or anyone else for that matter, have an obligation to report an emergency?

The Zika virus has been causing quite a stir over the past year, despite having been around since 1947. A scholarly article published last week in The Lancet estimates that there are 2.6 billion people living within the danger zone of the Zika virus.

Until recently, the primary concern with the Zika virus came from pregnant women, as the virus is known to cause microcephaly, severe brain malformations, and other birth defects. A newer concern comes as researchers are discovering a high occurrence of Zika and Guillain-Barre syndrome, a serious condition affecting the peripheral nervous system.

In personal injury law, the acronym TBI used to refer exclusively to a traumatic brain injury. However, after Caroline Malatesta’s case, this may need to change. News broke last month of the $16 million jury verdict awarded to Ms. Malatesta as a result of a traumatic birth injury caused by her nurses’s negligence while she was giving birth.

A traumatic birth injury occurs when the mother is severely injured as a result of the birthing process. While medical malpractice is not a prerequisite for this type of injury, it stands to reason that when a claim for a traumatic birth injury is raised, it should be brought alongside, or as, a medical malpractice or medical negligence claim.

Millions of equestrian enthusiasts ride horses every day without incident. But, as with any athletic pursuit involving large animals, it can be dangerous. Just ask Jenna Tatoulian, who was thrown from a horse while training in 2014, suffering multiple fractures in her pelvis and tailbone. Tatoulian is now suing the riding club, claiming that it was the club's water truck backfiring that spooked her horse.

Here's a closer look at Tatoulian's lawsuit, and others based on horse riding injuries.

Seattle has become known for its anti-capitalist protests over the last decade, and many were predicting that the 2016 May Day protests could turn ugly. Organizers even warned participants on Facebook to “be prepared for violent police repression (pepper spray, flash bang grenades, tear gas, beatings, arrests, etc.).” They were right about the flash bang grenades — one exploded near a man filming the protest, sending shrapnel through his face and opening up a gash on his cheek.

Now the man is suing the City of Seattle and members of the Seattle Police Department over his injuries. Here’s a look at the case.

Wildfires are currently burning over 40,000 acres in California, and that’s just from three current fires in southern and central parts of the state. The Clayton fire in Clear Lake and the Chimney Fire in San Luis Obispo County have also claimed 220 structures, many of them homes.

Some insurance policies cover natural disasters, but many do not. And not every insurance settlement covers the cost of losing a home or other damage. So what happens if you suffer loss or damages from a wildfire? Can you sue?