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

Under certain circumstances, the plaintiff in a personal injury case may choose to pursue a lawsuit in civil court or opt to take the case to small claims court instead.

But which should you choose? Both options of course have advantages and disadvantages. And though small claims court may not be an option in all cases, in many cases it may offer a less expensive, less time-consuming path to recovery.

What should you know when deciding whether to take an injury case to small claims court or to hire a lawyer to file a personal injury lawsuit?

The family of John Crawford III is suing Walmart and the Beavercreek, Ohio, police department for wrongful death after the 22-year-old father was shot and killed in August.

Crawford was shot by a Beavercreek police officer responding to a 911 call about a man with a gun at Walmart; Crawford was holding a BB gun that he'd found unattended in the store. A grand jury in September declined to indict the officer or his partner for the fatal shooting. The Washington Post reports that Crawford's family is seeking more than $75,000 in damages.

Why is Walmart being sued over Crawford's death?

We tend to think of the worst when thinking of injuries related to airplanes. But while a deadly crash is one risk of air travel, what's far more likely is a mild to serious injury in-flight.

Falling bags, forcefully pushed service carts, and even pilot error can lead to injuries like you might experience on solid ground.

So how can you recover when you're injured on an airplane?

In a personal injury lawsuit involving negligence, it's not always true that the person being sued was the only one at fault in causing the accident.

Often, the person who was injured was also partly negligent in causing his own injuries. Called contributory negligence, this fault on the part of the plaintiff can potentially be used as a defense by the defendant.

But is contributory negligence a complete defense to liability, or can a person who is negligent still win an injury case?

Movie theaters are no stranger to dramatic falls, earth-shaking explosions, and even bloody assaults. But we generally expect those dangerous events to take place on the screen and not in the aisle.

But with the floors lined with imitation butter, and lighting less than adequate, it requires no spoiler alert to say that anyone can suffer a slip-and-fall accident at the movies.

So can you sue if you do slip and fall at a movie theater?

Although a subpar meal isn't likely to be sufficient grounds for a lawsuit, there are some circumstances in which a customer may consider pursuing legal action against a restaurant.

At a TGI Fridays in New York, a holiday promotion featuring drone helicopters adorned with mistletoe hovering over patrons provides an example of such a circumstance. A photographer was injured when she was struck by a drone's rotor blade in the nose, suffering a cut, reports Brooklyn Daily.

It's not clear if the woman injured by the drone is considering legal action. But whether an injury is caused by a drone, by food poisoning, or by a slippery floor caused by a spilled drink, what is generally required for a lawsuit against a restaurant?

When someone slaps you, you don't have to take it. No no, we don't mean that you go all "Dynasty" on your attacker; you have legal options.

Part of the problem with being a slap victim, though, is that you have to prove that you actually suffered damages. And the hot sting of your cheek may not be enough.

So can you sue someone for slapping you?

If you are involved in a personal injury case, you always have the option of representing yourself.

But just because you can, doesn't necessarily mean you should in all cases. There are many different stages of a typical personal injury lawsuit, and depending on the type of claim and the facts of the case, you can very easily get in over your head if you're not careful.

So, can you handle an injury case on your own?

Shopping at a big box store can be exciting and cheap, but it's all fun and games until a box falls on you.

Anyone who's visited a warehouse store like Costco or Sam's Club can attest that merchandise is packed almost from floor to ceiling, with incredibly heavy items like patio furniture and crates of bulk-rate oatmeal perched high above consumers. It doesn't take much imagination to sketch a scenario in which a box falls and injures a hapless shopper.

So when that shopper happens to be you, can you sue?

Coming down with a case of food poisoning is certainly an unpleasant experience. But is an unpleasant experience enough for a lawsuit?

In some cases, food poisoning can not only lead to a lawsuit, but may lead to a significant recovery. For example, the family of an Australian girl who suffered food poisoning at a KFC restaurant was awarded $8.3 million in a lawsuit against the chain.

So when can you sue a restaurant for food poisoning? Here's what you need to know: