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.

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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.

Elevators aren’t even a luxury anymore — they’re a necessity. From ferrying office folk to the top of skyscrapers to making the morning commute possible for people who use wheelchairs, some of us don’t go a day without using an elevator.

And anything used with that much frequency is bound to see its share of accidents. So when can you sue if you’re injured in an elevator? Here’s what you need to know:

New Skyscraper Slide Named in Injury Lawsuit

Have you ever been atop a tall building and been tempted to jump? If so, you are not alone. Now, you can give something a little like that a try and survive if you're visiting Southern California. But you might still get hurt. A skyscraper in Los Angeles boasting the Skyslide -- an attraction made of glass and attached to the outside of the 70th floor of the U.S. Bank Tower, the tallest American building west of Chicago -- is facing its first injury lawsuit.

Businesses that open their doors to the public also open themselves up to lawsuits. The law places a great deal of responsibility on stores, shops, and small business owners to provide a safe environment, as well as safe products, to their customers, and when a business fails to meet that responsibility, it could be liable for any injuries that occur.

Here are three common types of business negligence, and when you can sue:

Playing Pokemon Go Is Causing Real Injuries

Pokemon Go is already turning some of its players into Pokemon stayers. That is, excited early adopters have already experienced injuries that will be keeping them stuck at home all summer, though the game is touted for its ability to draw reclusive types out of the house.

The augmented reality app game that's played in the real world and on phones has been out for less than a week in the U.S. Already injuries abound, reportedly. In fact, on the very first night it was out, the Washington Post reports, within just 30 minutes of the game's release, there were already people going to emergency rooms to treat injuries caused while trying to "catch 'em all!"

Are Day Care Liability Waivers Enforceable?

You need to work, so you are considering putting your kid in day care. But there’s something a little disconcerting that you see everywhere.

Day care centers all demand that parents sign liability waivers, usually including an indemnity clause saying they are not responsible for children’s injuries while in their care. Should you sign? Does this really mean the caregiver is not liable? What are other parents doing?

Baseball season is in full swing, and few things beat taking in a ball game on a nice summer day. Whether you’re in the bleachers at your child’s little league game or behind home plate for a major league tilt, though, you need to be on your toes. Foul balls, bats, and even mascots and hot dogs can come at you fast.

Here are seven of the nastiest, and strangest, baseball injuries:

Suing a Family Member for Personal Injury

You go to Uncle Joe’s house every Fourth of July for an Independence Day celebration to remember all year. But what if something goes wrong one year and people get hurt lighting fireworks or swimming in the pool?

As your clan expands and more people join the celebrations, the likelihood of injury and accidents increase. Here are some things to consider before you sue Uncle Joe for personal injury and pretty much guarantee that you’ll never attend one of his events again.