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

Does Insurance Cover Drone Injuries?

A few years ago, we only heard about drones in reference to the military and the role they were playing in Afghanistan. Now, it seems like there's at least one at every major beach, on kids' Christmas lists, and on sale at Walmart. Even Amazon is working on a drone-delivery system for its packages.

But it's all fun and games until someone gets hurt. And drones can cause very real injuries. So, what do you do if your drone injures someone, or you're hurt by someone else's toy? Will insurance cover those drone injuries, or will you be paying out of pocket?

Chicago Woman Sues Restaurant for 'Piping Hot' Lasagna

Who hasn't burned their mouth or fingers in impatient anticipation of that first bite of newly-prepared food? Whether it's microwaved pizza bites, a bagel from the toaster, or a gourmet dinner, that first bite can lead to instant regret. But some burns are worse than others.

One woman is taking her serious food burn to the next level by suing the restaurant that served her meal. The woman claims the Italian restaurant served her "piping hot" lasagna which led to severe burns on her hand. Hers is not the first hot food lawsuit, and it surely won't be the last.

We often don't think of golf as a dangerous sport, at least not in the actual playing of it. Sure, you could tweak your back trying to reach a par 5 green in two. And yes, there could be the wayward drive coming from a nearby tee box. But, for the most part, we expect to finish our rounds with our physical health relatively unscathed, if not our handicap as well.

But golf is played, if not in than very close to nature, and nature has a nasty way of sneaking up and spoiling our day in the worst way. That's what happened to 71-year-old David Hamaker last spring, after he was struck by a falling tree while sitting in a golf cart on a Palm Springs gold course. Hamaker died about a week after suffering serious injuries, and his family has now filed a lawsuit against the gold course, alleging its owners inadequately maintained the grounds and negligently contributed to his death.

Man Sues for Rat Bite at Disney's Magic Kingdom

The Magic Kingdom is not so magical when you get bitten by a rat while visiting. Unless it turns you into a princess or cooks you a seven-course dinner -- then it's still magical. Unfortunately for one park-goer, his rat bite ended in medical bills and disfigurement instead of riches and a crown. Now he's suing Disney for damages as a result.

Jury Awards $3M in AndroGel Heart Attack

Most drugs have some type of negative side effect. But you usually know what those side effects are and decide that the medical benefits outweigh those risks. So, if you're not told what the risks are, you can't make that analysis.

In a recent case out of federal court, a man claimed that a drug manufacturer misrepresented the risks of his medicine, and he found out the hard way when he suffered a heart attack. Although the jury didn't agree with all of his claims, they did decide that the company was negligent and awarded him millions.

Cyclist Sues for Injured in Florida Bridge Collapse

On March 15th, the Florida International University pedestrian bridge collapsed, killing six people and injuring nine people. And, the first lawsuit relating to the tragedy has been filed, and it's likely that more lawsuits will follow. A lawsuit has been filed by a bicyclist who was injured as a result of the bridge collapse.

Woman Loses Injury Money After Fitness App Revealed Workout Routine

Social media has allowed people to connect with friends and family members across the world. You can now see updates to people lives with the click of a button. But, it's important to remember that it's not always only friends and family members that see what's going on in your life.

For example, if you call in sick to work but then end up posting pictures of yourself at a baseball game in the middle of the day, you risk having someone at work find out about it. Along similar lines, if you claim an injury and you receive money based on that injury, it's a good idea to keep your physical activities offline. Just ask a woman who lost her injury payouts once her insurance company noticed her exercise records online.

NYC Helicopter Pilot Sued for Negligence After Fatal Crash

It's tragic when people die in an accident, but even more upsetting when you feel that the tragedy could've been avoided. Nancy and Jerry Cardigan, the parents of one of the victims who died in a helicopter crash in New York City's East River, feel that negligence led to their son's death. So, they have filed a lawsuit against the helicopter pilot and the tour company.

Fertility Clinic Sued After Freezer Meltdown

There are few desires as primordial and existential as the desire to have children and start a family. For some, it only takes a few tequila shots and a Marvin Gaye album. For others, the long process of freezing their eggs or embryos provides the only hope of having their own biological children someday.

In the latter scenario, people entrust their eggs and embryos to a fertility clinic. In a devastating case out of Ohio, couples are suing a fertility clinic near Cleveland after a meltdown occurred in one of its tanks, damaging thousands of eggs and embryos contained inside. As one of the lawsuits contends, the clinic "destroyed the hopes, dreams, and futures of hundreds, if not thousands of prospective Ohio parents and families."

Cryotherapy Injury: When to Sue

One of the newest health treatments that celebrities are going crazy for is cryotherapy. Since celebrities are often an example for the rest of us non-celebs, it's no surprise that cryotherapy is being used by "regular" people as well. But, what exactly is cryotherapy? And, if you end up with injuries, can you sue?