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

For three months in 2015 and 2016, 109,000 metric tons of methane spewed into the atmosphere over the Aliso Canyon north of Los Angeles. Thousands were evacuated from the Porter Ranch suburb. California declared a state of emergency.

The state charged the Southern California Gas Company, or SoCalGas, with violating state health and safety laws by failing to promptly report the leak, and creating a public nuisance, and several other entities -- the city attorney's office, the county, and the California Air Resources Board -- filed lawsuits against the company. SoCalGas settled those claims yesterday, agreeing to pay $119.5 million in damages.

If one were to pay attention to such things, they would know that drinking Coca-Cola (or any high-fructose corn syrup soda for that matter) is not good for you, even under the best of circumstances. And we're not sure if you've heard, but McDonald's doesn't have the greatest rep when it comes to its coffee.

But when the Diet Coke is laced with an opioid, and the latte is more cleaning solution than steamed milk, things get even worse. Just ask two McDonald's customers who got a lot more than they bargained for in their beverages.

Some of us celebrate campfires every day. For the rest of us that live a little further from the wilderness, we might need an annual reminder or excuse to get out, gather around a fire under the stars, and share our best scary stories. That's what this Saturday's National Campfire Day is for.

But, as experienced campers know, fires can be dangerous, even in the best of conditions. So here are some of our best answers to questions about camping, campfire, and wildfire injuries from our archives: how to prevent them, and what to do if they occur.

Summer is the perfect time to be out on the water. The weather is great for swimming, skiing, fishing, or just cruising around. But the weather doesn't always stay great, some of those activities can be dangerous, and a few adult beverages can ruin everyone's day. So, how do you stay safe on the water this summer, and what do you do if there's an accident?

Here are three posts from our archives to help you learn about maritime law, prevent boating accidents, and figure out legal liability.

Nail Salon Injury May Require Finger Amputation, Woman Claims

Many are willing to pay a high price for beauty. But a finger? That's too high.

Maria Luisa Gerardo visited TJ Nails in Phoenix, AZ to get her nails done, which she has done regularly for the past decade. But at her last appointment, the technician nicked her finger with a manicure tool. Though this can occasionally happen, this time her finger swelled immensely the next day.

Gerardo went back to the nail salon to inform them, and was given $100 and told to keep the wound clean. But as things got worse, she found herself at the doctor's office, and then the surgeon's office, as the wound continued to grow deeper, all the way down to the bone. The wound was infected, and might possibly lead to amputation.

'I don't have all the details, but to answer your question, no,' Jim Pattison Jr., president of Ripley Entertainment, told CBS This Morning. 'It shouldn't have been in the water if, if what happened, happened.'

What happened is one of Pattison's amphibious duck boats capsized and sank in high winds Thursday night in Table Rock Lake in Missouri. Seventeen people were killed and another seven were injured in the accident. Officials have yet to determine whether, and how many, passengers were wearing life jackets.

Trampoline Injuries: Are Trampoline Parks Liable?

Trampoline parks are springing up all across America, and so are emergency room visits by children getting hurt at these facilities. A recent study revealed emergency room visits following injuries sustained specifically at indoor trampoline parks ballooned from fewer than 600 in 2010 to nearly 7,000 in 2014.

Almost every one of these trampoline parks requires jumpers, or their parents, to sign waivers prior to entering the jumping facility. Does that mean you cannot sue the trampoline park if your child gets injured?

Normally after a mass shooting (and how awful is it that there is a 'normally' attached to 'mass shooting'), victims and their families are the ones that file lawsuits -- against the shooter, the gun-maker, the police, or the owner of the location. But in the wake of the horrific shooting at the Mandalay Bay in Las Vegas last year, the tables appear to have been turned.

MGM Resorts International, which owns Mandalay Bay and the concert venue where the victims were gunned down, has filed federal lawsuits asking judges to declare the resort company free from any liability in the shooting. Why the reversal?

'This is a shot at specific law enforcement officials who failed the students on that particular day. Law enforcement choked and the goal of this lawsuit is to ensure that this never happens again. If they choke and they cause people to die, they will have to face the music.' That music, according to attorney Solomon Radner, is a lawsuit filed by survivors of the shooting at Marjory Stoneman Douglas High School in Parkland, Florida in February.

The lawsuit, filed last week in federal court takes aim at Broward County Sheriff's officers who either oversaw operations at the school or were on-site that day, claiming they failed to stop shooter Nikolas Cruz.

FedEx delivers an estimated nine million packages a day. That's a lot of boxes on a lot of trucks driven by a lot of drivers. And, for the most part, those packages are harmless and drivers don't need to know what's in each box.

But what if a driver is delivering a potentially dangerous package? What if they're delivering dozens of them, filled with frozen carbon dioxide, which, if it turns into CO2 gas, can lead to fatal hypercapnia?