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

Christmas Shopper Wins $3M Lawsuit for Escalator Toe Injury

Aisha Siddiqui won a jury verdict of $3 million in her personal injury lawsuit against a mall owner and escalator manufacturer after her right big toe was "crushed and shredded" during a Christmas shopping trip in Arkansas last year.

Siddiqui was riding down an escalator at the Park Plaza mall, when her boot got caught and pulled into the moving escalator. Her right big toe was caught in the escalator's teeth, turning it into "hamburger meat," according to her attorney, Denise Hoggard. Medical responders hoped to reattach the toe, and therefore couldn't use pain killing medication during the agonizing and protracted rescue. In the end, the toe couldn't be saved.

Accidents and injuries happen every day. And often, people don't seek compensation for their injuries because they are worried about the cost of an injury claim, or they think whatever they might get paid won't be worth the time and effort. While this may be the case in some instances, it's not always true.

So how much does it cost to bring a personal injury lawsuit, and how do you know if it will be worth it? Here's what you need to know.

Some deaths feel accidental, tragic, unavoidable. And some others feel so easily preventable. Malfunctions and accidents happen, but we hope that the systems we put in place to protect us from those inevitable dangers will work. And when they don't, we want to hold them accountable.

So it's understandable that a person might expect a home security system, one that promised to alert authorities in case of alarm, wouldn't ignore two warnings and unanswered calls and "inexplicably" clear an incident, especially when that incident is a deadly house fire. But that's what happened to Elizabeth Frost, who died of smoke inhalation and carbon monoxide poisoning after a fire in her home. So, is the home security system to blame?

Party Bus Sued for Fatal Shooting in Santa Monica

After a party bus evening went tragically wrong last year, numerous plaintiffs have filed suit against the party bus company and the city of Santa Monica. Plaintiffs are suing over the shooting death of De'Ommie de la Cruz, including the deceased family as well as friends that witnessed the shooting. They are seeking unspecified damages.

Can a Dating Site Be Sued If Your Date Turns Dangerous?

It's hard to meet people these days, which is undoubtedly why there are so many dating apps currently on the market. But what if something goes wrong, like really wrong. Can you sue a dating app or website if your date turns out to be dangerous? Unfortunately, the answer may surprise you.

Lawsuit: Police Searched Wrong House, Cause $9K Damage

We've all heard stories of mistaken identity, but this is the case of a house's mistaken identity. One family is suing the police department for searching the wrong residence described in a search warrant.

Walgreens, CVS Sued for Opioid Sales in Florida

Florida added Walgreens and CVS to the lawsuit it filed last spring against Purdue Pharma and several opioid distributors. Attorney General Pam Bondi claims these chains played a major role in creating the opioid crisis that has rocked not only Florida, but most of the Eastern United States by allowing its pharmacists to fill suspicious or unreasonable opioid prescriptions.

According to recent investigation into sexual abuse in immigration detention, 1,448 allegations of sexual abuse have been filed against Immigration and Customs Enforcement over the past six years, with 237 allegations of sexual abuse in immigration detention facilities in 2017 alone. One such case in 2014 involved a detention center employee grooming and assaulting a 19-year-old mother in a Pennsylvania ICE facility.

Although any sexual contact between correctional facility staff and people in custody is illegal under federal and state law, the facility is claiming it can't be held liable for the assaults because it is an immigration facility (as opposed to a jail or prison) and that the sexual encounters were consensual.

Microblading -- Hot Trend With Burning Effects

Microblading is one of the hottest trends in the beauty industry, but one woman could barely stand the heat. After her microblading artist botched one of her eyebrows, she attempted to have the error removed, only to exclaim, "it felt like my skin was melting off."

In April 2014, self-avowed Neo-Nazi Frazier Glenn Miller Jr. shot and killed three people in an anti-Semitic attack at a Jewish community center and retirement community in Overland Park, Kansas. As a convicted felon, Miller was prohibited from owning or buying firearms, and investigators learned another man, John Mark Reidle, purchased the shotgun used in the shooting for Miller at a Walmart in Republic, Missouri four days prior.

Miller was eventually convicted of capital murder, attempted murder, and weapons charges and sentenced to death, while Reidle was sentenced to five years of probation for providing false information on a federal firearms form. But what about Walmart? It recently settled a lawsuit with the family of Terri LaManno, who was shot and killed outside the Village Shalom care center.