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

Queens Teacher Abused by Students Settles Claims for $125,000

You know a school is tough when the teachers complain about bullying and are terrified of the students. Kathy Perez said that is how it was in two Queens schools where she worked. Now she has settled a claim with the New York City Law Department for $125,000.

The claims against the state's Department of Education stem from incidents with her students, both of which landed Perez in the hospital with injuries. The teacher says that her teenage students in Queens harassed her sexually and racially in addition to causing her physical injury.

When Are Nursing Homes Liable for Injuries?

It is a sad reality that those who most need assistance are also most likely to be neglected or abused. For example, recently, two New York nursing home workers were indicted for endangering a patient. They ignored his cries for help while he writhed on the floor.

But even less extreme cases end in injury, if not in criminal cases. Caring caregivers can sometimes be overwhelmed by the difficulty of their jobs and that leads to accidents. Nursing homes are liable to patients who are injured as a result of negligence and there are many contexts for liability in a nursing home. Institutions can be held responsible for a negligent worker, and any individual who is negligent can also be named in a suit.

It’s more exercise. It’s less pollution. It’s more fun. It’s less traffic. Whatever reason you have to be on your bike, you’re in good and growing company: the number of people working out and getting to work on bicycles grows every year. Unfortunately, with more cyclists come more cycling accidents.

Bike injury lawsuits can be tricky, especially when you’re trying to prove what happened and who’s at fault. Here are a few of the bigger questions, and some answers, regarding bicycle injury lawsuits, from our archives:

Elements of a Major Personal Injury Settlement: A Case Study

You might want to settle a case for over a quarter billion dollars, like Pennsylvania landscaper David Williams did in a recent injury case. But you definitely don't want to go through what he did to get it, or to live the way Williams will have to live for the remainder of his days.

He is confined to a wheelchair and will never walk again, according to the Total Landscape Care blog. Let's look at what happened to him, who he sued, and why they agreed to such a sizable settlement.

Paintball injury: Does Insurance Have to Pay?

It should go without saying that shooting someone in the eye with a paintball gun or any other weapon is a really bad idea. But for some strange reason we have this form of entertainment. To make matters worse, children are particularly inclined to engage in this activity. So what happens when someone sustains a paintball injury? Does insurance have to pay for this?

Recently a judge in Delaware Superior Court decided that State Farm Insurance does not have to indemnify a policyholder in a paintball injury lawsuit. The ruling, reported by CBS News, is based on a provision in the policy that excludes coverage for expected or intended bodily harm. Let’s consider.

What Are the Most Dangerous Household Items?

Everyone laughs at slapstick because, unlike comedy involving language, everyone gets slipping, tripping, and falling. Injury isn't really funny, even if it makes a good joke. But it is universal, which is perhaps why we laugh at it depicted comedically. And it can happen at home, the one place you thought you were safe from tragedy.

The kids are out of school for the summer, and now it’s time to ship them off to a nearby lake so someone else can keep track of them for a few weeks. We kid. You probably love to spend time with the little ones, but recognize the value in getting them out into nature and teaching them to canoe, shoot arrows, and sing campfire songs.

And you also want to make sure they’re safe. Summer camps can be valuable learning experience, and carry their own set of dangers at the same time. Here are some of the most pressing questions, and answers, when it comes to summer camp injuries.

Myths and Realities of Injury Lawsuits

Do you remember the McDonald’s coffee lawsuit, now decades old? In that 1994 case, a woman was scalded by a hot cup of coffee while in her car and was awarded nearly $3 million after a jury trial.

That case has helped to fuel the myth that any injury can get you millions in a personal injury or product liability lawsuit — but it’s a myth. Let’s consider the details of that case and the legal realities.

Top 5 Travel Injury Legal Issues

It’s almost summertime, so time to hit the road, see the sights, and travel the high seas. But with travels come trouble sometimes, accidents and injuries, which could be costly.

Here is some advice for travelers, whatever your mode of transport, be it trains, planes, automobiles, boats, or a combo. Find out how to handle travel accident recovery.

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.