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

You have been in a car accident. It may have been your fault, but you were injured too.

Does this mean you can’t get any compensation for your injuries? What if the other driver was also partially at fault?

Tragically, stories of nursing home abuse aren’t as rare as we would like them to be. And in many cases, the abuse occurs for far too long before it is ever discovered.

Anyone with a loved one in a nursing home should be aware of the signs of elder abuse, and know how to spot nursing home abuse early.

You’re on the floor, not breathing. You are dead.

Suddenly, a Good Samaritan runs up and performs CPR. Sure, he breaks a couple ribs, but you start breathing again. Paramedics arrive and rush you to the hospital.

It’s a fact that broken ribs can result from CPR. If this occurs, can you sue to recover for your injuries?

Uber is going back to court once again.

The mother of a 13-year-old girl is suing Uber and one of its drivers after the driver was convicted of sexually assaulting the young girl.

After being unable to find parking on the street, you pay to park your car in a garage. Then, you go off and enjoy a wonderful dinner. On your return, you find that your car has been broken into, or, even worse, completely gone.

Is the parking garage responsible for your loss? Can you sue?

On your first day in London, you’re crossing the street to see Buckingham Palace. Bam! You’re hit by a car.

Not only are you in incredible pain, now you have a huge medical bill, and you’re going to miss out on the rest of your trip. What can you do about it?

If you’re injured abroad, can you sue?

Summer is officially here! This means it’s time to clean out the swimming pool, dust off the swimming suits, and dive in!

However, the pleasures of swimming pools are balanced with a host of dangers that could mean a lot of liability for swimming pool owners and injuries for visitors.

So, here is a round-up of our best swimming pool articles to help you prepare for swimming season:

Is that buffet food coming back out the wrong way? Did you slip and fall on the pool deck? Did the swaying of the boat cause a beer bottle to fall from the upper deck onto your head?

If you’re injured while on a cruise, can you sue the cruise line?

We see waiver forms all the time: from school sports to the ski slopes to the hotel pool. And normally we sign them without giving them much thought.

But what if it’s a government entity asking you to sign a liability waiver? Can they make the waiver a prerequisite to participation in public services? And if you sign it, have you waived any and all future injury claims?

Swim at your own risk!

Big sign. Can’t miss it at your hotel pool.

Hotel swimming pools are great when you’re on vacation. It’s relaxing. You get great exercise, and you can show off your pretty bikini. The only thing that may ruin a great day at the hotel’s swimming pool is if you slip and fall; or you drown because you had too much to drink before going in; or you get sucked in by a broken drain and can’t get out of the water.

We know we are being no fun here. But it is an important question: If you’re injured at a swimming pool, is the hotel’s pool liability waiver enforceable?