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

When a pregnant woman goes into the hospital to have their baby delivered, they don’t expect to be suing the hospital over a botched delivery. Unfortunately, for three mothers in the Houston area, that was exactly their fate. They went into East Houston Regional Medical Center to have their babies delivered, and of the three, one child died and the other two were permanently injured during the birthing process.

As well as all going to the same hospital, the three women had the same doctor. Now, the three women also have the same lawyers, and all three are suing both the doctor and the hospital for the birth injuries.

It can be one of the most painful injuries imaginable. And of course it's right in the middle of your face. A broken nose can be an expensive injury as well, between immediate medical care, missed time at work, and any reconstructive surgery that might be necessary.

Generally speaking, a broken nose can either be the result of an accident, or an intentional act. And in either case you may be able to sue for your injuries. Here's a look at how.

It's rare, but every now and then we can find ourselves on the other end of a personal injury lawsuit. Someone could be saying that you caused the car accident, or that they slipped on your icy sidewalk. And while their claims may not seem to you to have any merit whatsoever, that doesn't mean that you can ignore them, or that a court or judge may not agree with you.

So what should you do if someone sues you for injuries? Here are a few tips:

Lawsuits are only as good as the evidence. And this is especially true for personal injury lawsuits, which could rely on extensive physical and financial evidence in order to be successful. But what happens if evidence -- like photographs, handwritten notes, medical records, or receipts -- goes missing? Or what if you threw something away that you didn't realize could even be evidence in an injury lawsuit?

The loss or destruction of evidence is called spoliation, and courts may handle it differently depending on the type of case, the evidence involved, and how it was lost. Here's what you need to know.

Not every lawsuit has merit. And if you think you've been sued for no reason, you might be tempted to just ignore it. After all, why dignify false accusations with a response? While that might be a compelling perspective when faced with a verbal argument, the legal system doesn't quite work that way. And ignoring a lawsuit, rather than pointing out to a court why the lawsuit is frivolous, could mean the person suing you automatically wins.

Look no further than Hillary Clinton, who was declared in default by a court clerk for apparently ignoring a wrongful death lawsuit regarding her involvement (or lack thereof) in the attack on American facilities in Benghazi, Libya in 2012.

All too frequently people sign contracts or agreements without bothering to read them. They just sign each blank that’s highlighted, or every line marked with a X. For plaintiff Patricia Evans from Pennsylvania, this proved to be the error that ended her injury case against the gym chain LA Fitness.

In November 2014, while working out under a personal trainer’s direction, the 63 year old was doing suicide runs when she fell and fractured her wrist. She alleged that her trainer was pushing her to go faster when the fall and fracture occurred. The fitness company prevailed on summary judgment, meaning that a trial never happened and a jury never heard the case, because Ms. Evans signed a release of liability form.

Arbitration and mediation are effective tools that can help quickly resolve your injury case well before you’d ever see a jury. Arbitration is basically a less formal trial that happens outside of court. In place of a judge, a neutral arbitrator issues a decision after hearing the evidence and arguments from both sides.

Mediation is less formal than arbitration and involves parties working with a neutral mediator who tries to get the parties to come to an agreed upon resolution between themselves. Both arbitration and mediation can be binding or non-binding, meaning that an agreement or decision made in either process will be enforceable (binding) or non-enforceable (non-binding) by a court.

Below are the Top 5 questions injury victims ask about arbitrating or mediating their claims.

Last October, during fraternity’s outdoor party at USC, an attendee was hit in the head by a drone that was photographing the event. Not much is known about how the injury occurred. However, what is known is that the drone was being operated by the third party event production company known as Perfect Event Inc.

The drone’s impact on the head of the victim caused her to almost immediately start bleeding profusely, though she did not lose consciousness. The lawsuit, against both the fraternity as well as the event production company, alleges premises liability and negligence.

When Kyler Prescott checked into the Gender Management Clinic at San Diego's Rady Children's Hospital, he was looking for help. The 14-year-old transgender boy was being bullied and harassed by teachers and peers regarding his gender identity, and was suffering from depression and anxiety.

But instead of receiving sensitive care for "suicidal ideation" and "serious self-inflicted lacerations," hospital staff repeatedly misgendered Kyler and actively denied requests that he be referred to as male. A month after his early release from Rady Children's, Kyler killed himself.

The advances in 3D printing technology are creating a legal gray space for product liability. Generally, when a person is injured due to a defective product, or failure to warn, the manufacturer, designer, and/or the company that put the product into the marketplace can be found liable for the injury. But 3D printed objects don't exactly fit the current legal framework.

At first blush, one might think that the person who provides the design is going to be liable. However, the first question that arises is whether the design was compatible with the type of printer used. Then, it needs to be asked whether the printer caused the defect. Then, you need to find out whether it was the materials used in the printer that caused the defect.

Also, because 3D printed items require a user to print the design, you need to factor in user error and the ever elusive failure to warn on the part of designer, manufacturer, retailer, and component makers. Clearly, there are many considerations that make finding out who is liable much more difficult than one might initially think.