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

A former player for Clemson's women's soccer team has filed a lawsuit against the team's coaches and 14 members of the team, among others, claiming that she suffered a permanent brain injury during a hazing ritual.

Haley Ellen Hunt's lawsuit, filed last month in a South Carolina court, claims that as a freshman in 2011, she and other freshmen players were forced to perform "humiliating and demeaning acts" by other players, reports the New York Daily News.

How does Hunt allege the hazing caused her to suffer what ended up being a career-ending head injury?

A California clinic has been slapped with a civil suit following charges of sexual assault by one of its nurses.

The Avenal Community Health Center, located in Avenal, California, has been accused of negligent supervision of nurse practitioner Jeff Sabino, who was arrested in 2013 and is facing 36 criminal counts including forcible penetration and sexual battery. The Hartford Sentinel reports that one of his alleged victims filed the civil suit to recover for her injury and emotional distress.

What is this nurse accused of that has this California clinic in court?

When someone is injured or in need of medical assistance, calling 911 is typically the best response. But can a person who decides not to call 911 face any legal consequences?

In a lawsuit recent recently filed against Hollywood director Brett Ratner, a woman who was allegedly injured at a party at Ratner's house claims that the director and other party-goers refused to call 911, fearing bad publicity. The woman eventually made it to a hospital, where she received more than 80 stitches; she claims she can no longer work because of her injuries.

So can you successfully sue someone for not calling 911? Here are a few points to consider:

An Oklahoma woman who claims that nearby fracking operations caused an earthquake in which she was injured has filed a lawsuit against two energy companies.

Sandra Ladra was watching a college football game at home in 2011 when a magnitude 5.7 earthquake struck, reports Oklahoma City's KFOR-TV. The earthquake dislodged rocks from Ladra's chimney which she claims struck her in the legs, causing injuries to both her legs and knees which her lawyer says will require surgery.

How does Ladra plan on pinning responsibility for her injuries on the defendants, New Dominion LLC and Spess Oil Company?

Injured at Work? 3 Potential Options for Recovery

Getting injured at work is a pretty common occurrence, but what are your legal options if you get hurt?

According to a FindLaw.com survey, more than one in five Americans said they've been injured on the job. Workplace injuries not only impact you physically, but it can affect you financially as well.

Here are three potential legal options to seek out if you're injured at work:

Lifeguards may seem like towering figures with their tall posts and zinced noses, but they can be liable for swimming injuries and deaths when they make mistakes.

For this reason, lifeguards are required to be certified and trained to deal with common emergencies that occur in and around pools. Different states' safety standards are not always identical, but they form a general patchwork of legal liability for when lifeguards falter in their duties.

For swimmers, here are three things you should know about lifeguard liability:

Law enforcement authorities have stated that no one will be charged criminally in the fatal shooting of an Arizona gun range instructor killed when a nine-year-old girl lost control of the fully automatic Uzi submachine gun she was firing, reports ABC News.

But accidents that cause death, even ones that don't involve criminal conduct, often result in wrongful death lawsuits or other civil litigation.

Who, if anyone, might be liable for this tragic accident?

McDonald's patron Klaus Geier is suing the fast food giant after an incident in which his OJ allegedly came with an unexpected surprise -- a plastic spear which lodged itself in his throat.

According to TMZ, when Geier tried to extract the foreign object from his mouth, a serrated spear deployed and fired itself into his esophagus. This may sound like a bad horror movie, but to Geier the nightmare is real. After finally wrenching the spear and its casing from his throat, Geier asserts he suffered severe throat injury.

Could this OJ suit be the next McDonald's hot coffee case?

In a frat house accident last week, an 18-year-old girl was impaled in the neck by a broken golf club.

Natalie Jo Eaton, a student at Arkansas State University, was hospitalized after "rush" activities at the Kappa Alpha frat house. According to Little Rock's KARK-TV, students were using the golf club as a bat to hit a tossed football when the shaft broke, sending the broken end sailing 30 feet before it lodged itself in Eaton's neck.

How serious were Eaton's injuries, and who might be held legally responsible?

A Virginia woman has filed a $1 million lawsuit against the operators of a Maryland amusement park after one of the park's rides allegedly left her son with a serious brain injury.

In a lawsuit filed in federal court last month, Raffinee McNeill asserts her then-2-year-old son suffered a fractured skull in 2012 at Trimper's Rides and Amusements, a historic amusement park in Ocean City, Maryland. McNeill claims her son has lingering health issues as a result of the accident, and has continued to incur significant medical expenses, reports The Baltimore Sun.

What does McNeill claim happened to her son, and what will she need to prove to prevail in court?