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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School is almost out; summer is almost in, and family vacations are right around the corner. For millions of us, that means a trip to Disney World, Sea World, or any of the other theme park worlds nationwide.

While a trip to an amusement park is undoubtedly fun, they're not always the safest place on earth. So what happens if you're injured during your Wally World adventure? Here are some common questions and concerns regarding theme park injuries.

Types of Witnesses Involved in Personal Injury Cases

Personal injury cases are complex and can involve both expert and lay witnesses. These people will help to prove your case and corroborate your claims.

Depending on the details of your case and the specifics of your claim, you may have a few or many witnesses, just laypeople or only experts, or both. Let's look at how the different types of witnesses help you prove a case.

Nightmare Rides: Do Parks and Carnivals Need Stricter Laws?

Sometimes a fun day with the family turns into a horrific nightmare, and suddenly your life is turned upside down. That is what happened to an Omaha mother who took her daughter to a carnival for Cinco De Mayo and is now fighting for stricter ride regulations.

Brace yourself. What happened to her little girl, Elizabeth Gilreath, 11, is truly horrific. The child’s scalp was partly ripped off after her hair got caught in the ride — it was torn from her eyelids to the back of her neck. The girl is recovering more rapidly than expected, reports Omaha.com.

When Can You Sue Your Health Insurance Company?

Your health insurance company is supposed to help you when you are sick, so why would you want to sue them? Unfortunately, insurance is a business and in order for your insurer to manage costs and make a profit, it has to deny some claims and probably employs a fleet of people to do just that.

What this means is that sometimes people do find themselves in legal showdowns with those very entities they paid for protection in a time of crisis. But there are lots of limitations on suing insurance companies, based on state laws, individual policies, and the type of insurer. And there are some steps you can take, or may have to take, before you head for court.

In a bizarre tragedy, 18-year-old college student Rebecca Kim fell to her death from an eighth-story Art Institute building window in Philadelphia last year. While police originally thought Kim slipped while taking photos from the window sill, messages on her Facebook page and other evidence led the Philadelphia Medical Examiner's Office to rule Kim's death a suicide.

But Kim wasn't the only casualty that day. During her fall she struck a pedestrian, 45-year-old Erica Goodwin, causing her severe injuries. Now Goodwin is suing Kim's estate, along with several other parties, and that's not the only lawsuit from the incident.

Suing for Slip and Falls: What's Your Suffering Worth?

If you have fallen and been injured, you probably want to sue someone, and that is a typical reaction. For example, the former superintendent of the Monterey, California school district is suing the city of Monterey for an injury that she says will bar her from wearing stylish heels and dancing with her husband for life.

Marilyn Shepherd is seeking $750,000 for an ankle injury from a city pothole, and her husband is making demands too. Does that mean you should sue? Let's look at her case and what it may say about your chances of recovering if you pursue your own lawsuit.

Types of Nursing Home Abuse

The youngest and oldest among us are vulnerable and exposed to abuse more than most other populations. But elderly people are exposed to some added abuse dangers that children do not face.

Elder abuse is unfortunately common and it happens for many reasons. Being in nursing homes and in the hands of professional caregivers increases the risk of mistreatment. Plus, older people are much more likely to face financial exploitation. This is what to look out for.

Even if you know who’s at fault for your accident, you might not sue right away. While there are time limits to bringing a lawsuit, it can also take time to put a case together. And there are some things you can do in between your accident and filing your lawsuit that can be crucial for your injury claim.

Here are the best ways to prepare for your personal injury lawsuit:

When Can You Sue for a Child's Lead Poisoning?

Lead poisoning, which until recently seemed like it might become a thing of the past, is back in the national spotlight. Children in Flint, Michigan have been injured and lawsuits, criminal and civil, stemming from lead in the drinking water in that area are being filed.

This week three government officials became the first to face criminal charges for the Flint water crisis, and they could potentially spend years in prison. Meanwhile, class actions on behalf of injured children, as well as individual claims based on lead poisoning, are already under way. If you are contemplating such a case, here are some considerations.

3 Common Negligence Claims Between Tenants and Landlords

Landlords have it good insofar as they collect rent from tenants on their property without putting in too much work on a day-to-day basis. But landlords should not get too relaxed; those who do nothing will find themselves facing negligence claims when someone is injured on a rental property.

There are many ways for people to get hurt, and there is no way to ensure that no injuries will ever happen on a property. But landlords can mitigate risk by paying attention to details and making maintenance a priority. Tenants should be aware of their rights and responsibilities, too. When a landlord falls short and someone gets hurt, consider one of the following common claims arising from the landlord-tenant relationship.