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

Suing for Slip and Falls: What's Your Suffering Worth?

If you have fallen and been injured, you probably want to sue someone, and that is a typical reaction. For example, the former superintendent of the Monterey, California school district is suing the city of Monterey for an injury that she says will bar her from wearing stylish heels and dancing with her husband for life.

Marilyn Shepherd is seeking $750,000 for an ankle injury from a city pothole, and her husband is making demands too. Does that mean you should sue? Let's look at her case and what it may say about your chances of recovering if you pursue your own lawsuit.

Types of Nursing Home Abuse

The youngest and oldest among us are vulnerable and exposed to abuse more than most other populations. But elderly people are exposed to some added abuse dangers that children do not face.

Elder abuse is unfortunately common and it happens for many reasons. Being in nursing homes and in the hands of professional caregivers increases the risk of mistreatment. Plus, older people are much more likely to face financial exploitation. This is what to look out for.

Even if you know who’s at fault for your accident, you might not sue right away. While there are time limits to bringing a lawsuit, it can also take time to put a case together. And there are some things you can do in between your accident and filing your lawsuit that can be crucial for your injury claim.

Here are the best ways to prepare for your personal injury lawsuit:

When Can You Sue for a Child's Lead Poisoning?

Lead poisoning, which until recently seemed like it might become a thing of the past, is back in the national spotlight. Children in Flint, Michigan have been injured and lawsuits, criminal and civil, stemming from lead in the drinking water in that area are being filed.

This week three government officials became the first to face criminal charges for the Flint water crisis, and they could potentially spend years in prison. Meanwhile, class actions on behalf of injured children, as well as individual claims based on lead poisoning, are already under way. If you are contemplating such a case, here are some considerations.

3 Common Negligence Claims Between Tenants and Landlords

Landlords have it good insofar as they collect rent from tenants on their property without putting in too much work on a day-to-day basis. But landlords should not get too relaxed; those who do nothing will find themselves facing negligence claims when someone is injured on a rental property.

There are many ways for people to get hurt, and there is no way to ensure that no injuries will ever happen on a property. But landlords can mitigate risk by paying attention to details and making maintenance a priority. Tenants should be aware of their rights and responsibilities, too. When a landlord falls short and someone gets hurt, consider one of the following common claims arising from the landlord-tenant relationship.

Real Hoverboard Is Fraught With Potential Hazards

Since before Daedalus warned Icarus he’d burn his wings going too close to the sun, humans have been trying to fly. Now Franky Zapata — famous with gizmo fans for his water-powered Flyboards — is trying it again with a hoverboard that seems to do justice to the name.

Unlike hoverboards on two wheels, this contraption does allow the user to hover above the earth, quite high. But it doesn’t seem safer than the contraptions we’ve been reading about all year, which have been recalled by consumer safety authorities. True Back to the Future fans will still be disappointed, too, as this is not a gravity defying device and it looks likely to cause injuries should it ever be available for mass use.

Bike Accident Injury: Insurance Claims and Legal Options

Bikes have been steadily moving up the ranks of modes of transportation as commuters become more health conscious. That means more bicycles on the roads and more accidents between cyclists and everyone else.

If you are very seriously injured in a bicycle accident, you should consult with a personal injury attorney and have your claim assessed. A negligence suit may be the right route for your recovery. But if you are only relatively mildly injured, say in a small fender bender or routine accident, you may still be able to recover expenses through a variety of insurance policies.

Does Workers' Comp Cover Volunteers?

Workers’ compensation is for paid workers who contribute to the fund, so what happens when a volunteer gets hurt on the job-not-job? Who will pay for injury?

We can’t all devote our lives to public service, which is why many people do good by volunteering. But before you give or take free labor, consider liability for injury.

After an Accident: Insurance Claim or Lawsuit?

Injury can be compensated through insurance claims or with a damages award after a lawsuit if you can prove the defendant or defendants were negligent. Although neither method guarantees recovery and nether is pain-free, there are substantial differences in the processes and the expense of attempting to recover in one context versus the other.

In most accident or injury situations it’s wise to first attempt recovery for injury through insurance. Filing a lawsuit is a good idea after an insurance claim has been denied, or after extremely grave injuries where extensive compensation will be needed for a long time or even a lifetime. Let’s look at the issues involved.

Top 5 Legal Tips for Gym Injuries

Gym injuries are not unusual -- after all, that's where you go to get physically fit and sometimes you overdo it. But when things go awry and you find yourself injured because someone else did something stupid or negligent or irresponsible, they may be liable. Here are five legal tips for gym members.