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.


Recently in Negligence / Other Injuries Category

Kentucky Kingdom is countersuing two patrons who claim they were injured at the park, asserting the alleged waterpark injuries were "staged."

Louisville's WLKY-TV reports that Kentucky Kingdom CEO Ed Hart believes the pair had "some kind of plan to contrive incidents to get money" from the park. In a lawsuit, Felicia Evans and Brandon McClellan accused the park of negligently allowing them to go down a water slide using an incorrect inner tube.

But what does the theme park have to say about the alleged injuries?

A new report on bicyclists killed by cars on U.S. roads shows that a disproportionate number of these fatal accidents occur in just a handful of states.

The report, issued Monday by the nonprofit Governors Highway Safety Association, found that biking accident deaths increased 16 percent nationwide between 2010 and 2012, while motor vehicle accident fatalities increased by just 1 percent.

Which states saw the highest number of bicyclists killed in motor vehicle accidents, according to 2012 figures? Here are the Top 10:

Biking can be a healthy and ecologically friendly alternative to driving. But bicyclists should be aware that the number of fatal bicycle accidents involving motor vehicles is on the rise.

Between 2010 and 2012, the number of U.S. bicyclists killed in accidents involving motor vehicles rose by 16 percent, reports the Los Angeles Times. The numbers come from a report by the nonprofit Governor's Highway Safety Association.

What else did the GHSA's report have to say about fatal bicycle crashes? Here are five facts you should know:

A personal injury lawsuit can be incredibly complex, from proving fault to assessing damages.

That's why, in many cases, those who have been injured in an accident turn to a personal injury lawyer for help. Before your lawyer can start working on your case, however, he or she will have a few important questions about what happened.

What facts will your personal injury lawyer need to know? Here are five:

Although you may have done your research when selecting a day care facility, there is always the possibility that your child may be injured at day care. If that happens, should you call a lawyer?

In a potential lawsuit against a day care, there could be many possible defendants, including the person who caused the injury to your child, the staff members who were responsible for supervising your child, and the owners of the day care facility, among others.

But not all injuries make for successful injury lawsuits. If your child is injured, when should you call a personal injury lawyer? Here are a few things to consider:

Sometimes when you are injured and your property is damaged, you may not know the identity of the culprit. But just because the person responsible is unknown doesn't mean you can't sue.

The American legal system is actually set up to handle lawsuits where many (or all) of the defendants' identities are a mystery. It may make your case less likely to be a success, but not knowing a name or address isn't a fatal blow to a civil lawsuit.

So how can you still sue if you don't know who injured you?

Two-piece swimsuits at a waterpark, sure. But how about two injury lawsuits?

Kentucky Kingdom's Hurricane Bay is now the subject of two lawsuits alleging that staff allowed patrons to use the wrong inner tube for a particular slide. Louisville's WDRB-TV reports that two patrons, Brandon McClellan and Felicia Evans, have filed suit against Kentucky Kingdom for injuries incurred after falling out of the slide.

Is Kentucky Kingdom liable for these waterpark victims?

In a personal injury case, a successful plaintiff is compensated financially according to the amount of his damages by what are called compensatory or actual damages.

But these damages may not be the only type of damages available to a plaintiff in an injury lawsuit. In some cases, a plaintiff may also receive punitive damages -- known in some jurisdictions as exemplary damages -- in addition to an award of compensatory damages.

What are punitive damages and when are they available?

Two toddlers were hospitalized with severe injuries after a bounce house they crawled into was thrown into the air by wind.

The injured children entered the bounce house at New Hampshire's Sullivan Farm, "a popular spot for apple and pumpkin picking," reports The Boston Globe. The New Hampshire Bureau of Tramway and Amusement Ride Safety commented that because the bounce house was "not open to the public at the time," the case is out of their hands.

Who, if anyone, could be held liable for the toddlers' injuries?

CrossFit Injuries: Can You Sue?

CrossFit is growing increasingly popular, with gyms catering to fans of the high-intensity workouts opening across the country.

But along with CrossFit's fitness benefits may also come the risk of injury. A 2012 Ohio State study on CrossFit workouts that found although tests subject showed a marked improvement in fitness, several of the subjects were unable to continue with the study due to "overuse or injury," reports Bloomberg Businessweek. That study is now the subject of multiple lawsuits by both the owner of the gym whose members took part in the study as well as CrossFit Inc., the company who owns the CrossFit brand.

But regardless of whether CrossFit is more dangerous than other workouts, the question remains: If you're injured while doing CrossFit, can you sue?