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

Wildfires are currently burning over 40,000 acres in California, and that’s just from three current fires in southern and central parts of the state. The Clayton fire in Clear Lake and the Chimney Fire in San Luis Obispo County have also claimed 220 structures, many of them homes.

Some insurance policies cover natural disasters, but many do not. And not every insurance settlement covers the cost of losing a home or other damage. So what happens if you suffer loss or damages from a wildfire? Can you sue?

We're told all the time that sitting at a desk all day is bad for our health, and that getting out of the office for a stroll is essential for our well-being. But even walking can be dangerous, especially along heavily-trafficked city streets.

So can a pedestrian injured in an accident sue? And how do you figure out who's at fault?

Elexecia Martin claims police officers should have known her young daughter wasn’t involved in a fight back in April. After all, there was video of the incident, and not only is Martin’s daughter not on it, but she can allegedly be heard off-camera, begging kids to stop. But that didn’t stop police officers from arresting the girl at her elementary school in Murfreesboro, Tennessee, putting her in the back of a patrol car, and driving her to juvenile detention.

Now Martin is suing the officer involved, claiming her daughter’s constitutional rights were violated and that she “suffered great mental anguish and emotional trauma as a result of the arrest and prosecution.”

Pokemon Go Injuries, Crashes, and Legal Tips

You know it’s not a good idea to play Pokemon Go while you drive. But you just can’t help it! The game is so captivating and you feel — unsurprisingly considering the hype about this augmented reality app — that you gotta catch ‘em all.

Since its release, Pokemon Go has already been involved in a lot of accidents, injuries, and even crimes. Police departments have been tweeting at players to pay attention on the road to no avail, and even pedestrians are having trouble staying safe while playing.

How J&J Offered $1.3M to Silence a Talcum Powder Victim

Talcum powder used to seem soft and sweet and clean and was associated with good things, like newborn babies. But today the powder, which has made its way into countless cosmetic and other products, is associated with ovarian cancer.

Now, women all over the country are suing Johnson and Johnson, the premiere talcum powder purveyor, for fraud, negligence, and failure to warn of the risk of ovarian cancer created by use of the stuff. For decades, many have sprinkled it in their underwear, unaware that the product was dangerous. The company, however, did know for some time it seems, and tried to hide this fact.

For many of us, summer time is pool time. Whether that means rolling the tarp off the pool in the backyard and hosting a party or taking the kids to a public pool for the day, we're going to be spending a lot of time in and around the water. And where we spend a lot of time, injuries are bound to happen. So whose fault is it if you're injured at a pool, and are you liable for injuries at yours?

Swimming pools actually occupy a unique place in injury law, and can provide unique challenges for pool owners and those injured at pools. So here are the five biggest questions when it comes to swimming pool injuries, and where you can find the answers:

Social Media Tips for Personal Injury Victims During a Lawsuit

You post it all. You are one of those people who feel compelled to share -- every thought in your head, meal you eat, movie you see, and article you read is documented online. In fact, you announce your activities with such regularity that it never occurs to you to keep some things to yourself at certain times. But you should if you are involved in a personal injury lawsuit. Your status updates and other posts can be used against you in court.

Not all personal injury cases make it in front of a jury. Some are dismissed outright, but the vast majority are settled before the need for a trial. These settlements can happen after negotiation between the parties or through some means of alternative dispute resolution like arbitration or mediation.

Whether an injury case goes to trial or arbitration can have an enormous impact on the outcome, so why do certain claims go to arbitration?

Who Is Liable for Injury on Private Beaches?

Owning private beachfront property is a dream for many and attainable for only a lucky few. But those who don’t live the dream can still enjoy private beaches.

In fact, many states encourage property owners to allow recreational use of private lands by limiting liability. State statutes vary and the specifics are important, so do check local law before making any assumptions about going to the beach. In the interim, let’s consider some general principles.

Baby Bike Seat and Trailer Injuries

You are a parent and you want to take your kid with you everywhere. Whether you have a little backpack to carry the tyke or a seat mounted on the back of your bike, yours is a mobile and active baby. Now you are considering getting a bike trailer. Should you do it and what kinds of injuries might occur? Let's consider.