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

With all the winter weather most of the country has been getting blasted with, chances are you've hit the slopes already. And with no snow letup in sight, you might be headed back. So, be careful out there.

But, accidents happen. Most of us are aware of the risks that come with skiing, but every now and then an accident isn't just an accident, and someone else is at fault. When that happens on the ski slopes, who's responsible and what can you do about it? Here's what you need to know about skiing injuries and legal liability.

Urban farming has given way to urban livestock ownership, and now every hippie and hipster in your neighborhood has chickens, bees, and maybe a goat or two. Which is all well and good for the decrease in their food bill every month, but what about the increase in noise and odor coming from their backyards?

The good news is that you may be able to file a nuisance lawsuit to address the problem. The bad news is that such claims are not always easy.

Dr. Russell Toomey is an Associate Professor of Family Studies and Human Development at the University of Arizona, researching issues of prejudice, stereotyping, and discrimination against lesbian, gay, bisexual, transgender, and queer (LGBTQ) adolescents and Latinx youth. Dr. Toomey is also a transgender man, who transitioned to live consistently with his male identity in 2003 and sought a hysterectomy in 2018.

His healthcare plan, provided by the state to state university employees, refused to cover the surgery, and, in fact, denies all coverage or "[g]ender reassignment surgery." Dr. Toomey has since filed a class action lawsuit against the state, and the University of Arizona, claiming the healthcare plan discriminates against transgender employees "because of ... sex" in violation of Title VII of the Civil Rights Act deprives transgender employees of equal treatment under the Equal Protection Clause of the Fourteenth Amendment. Here's a look.

Construction Worker Sues for Disney Animal Kingdom Injury

A bit of mystery surrounds a lawsuit filed by construction worker Robert Howard against Disney, MLC Theming, and Total Demolition Services. Howard alleges that dangerous conditions at his worksite located within Disney World's Animal Kingdom created an unsafe work site, which caused him to sustain an injury when a ditch he was digging collapsed on him.

What's odd is that the lawsuit provides no details about the injury other than the date, March 11, 2016. Neither Disney, Total Demolition Services, nor MLC reported any incidents around that time to the Occupational Safety and Health Administration (OSHA), though admittedly only work-related fatalities or hospitalizations are required to be reported to OSHA. Total Demolition Services has been listed inactive since 2017. Howard is seeking more than $15,000 in damages, but his attorney claims Howard filed the lawsuit to find out what happened so that history doesn't repeat itself.

Tesla Sued After High Speed Fatality in Florida

Speeding is always a safety risk, but especially on turns going nearly 100 miles per hour over the speed limit. The family of an 18-year-old boy killed in a Tesla car accident is suing the car manufacturer for what the attorney calls an "unreasonably dangerous" car.

Edgar Monserratt alleges that the Tesla in which his son was riding when he died contained a defective battery. In addition, he claims the company was negligent for removing the speed governor on the car when it was last in the Tesla shop. Plaintiffs are seeking at least $18,000 in damages, but nothing will bring back their son.

Georgia Karate Schools Sued for Sexual Abuse

Following on the heels of a 2015 conviction for sexual child abuse, the survivor and her family are now suing the owners and staff of Pak's Karate school where the sexual abuse took place.

Thomas Ary, the Pak's instructor found guilty of sexually assaulting a female student while at a Pak's summer camp, is serving 19 years in jail for the offense. Ary is named in the suit as well as Song Ki Pak, "grandmaster" of Pak's Karate, and Craig Peeples, former Pak's Karate CEO, master black belt, and instructor. The negligence suit says claims the karate facilities "failed to implement even the most basic institutional safeguards" to protect students, which created an opportunity for sexual abuse to occur.

San Francisco Sues Pharma for Opioid Epidemic

The City and County of San Francisco has joined the host of other cities around the country suing big pharma for the opioid epidemic in federal court. Years ago, opioids would only be prescribed for severe post-surgery or end-of-life pain relief. But a major change in medical education by opioid manufacturers lowered that bar considerably a decade ago. And now, according to San Francisco City Attorney Dennis Herrera, local citizens are dying by the thousands.

When Can You Sue If You're Detained at the Airport?

Travelers in recent years have learned, perhaps the hard way, that Customers and Border Patrol (CBP) agents can detain you at the airport for refusing to allow them to search your cell phone. Under the Border Doctrine, a search warrant generally required under the Fourth Amendment is not necessary to conduct a reasonable search at the airport.

In recent years, this doctrine has been applied to both immigration and emigration, to U.S. and foreign citizens alike. But many believe these searches are getting out of hand. When can you sue over these cell phone searches?

Biggest Injury Lawsuits of 2018

Accidents happen. But some accidents can be avoided, and if someone doesn't take the right steps to avoid an accident, they can be liable for the injuries that occur. Those injuries can be serious or widespread, and if it's a large company or corporation that failed to protect customers or the general public, the lawsuits regarding injury liability can be huge.

The past year was no exception and there were some serious injury lawsuits filed, along with some big verdicts, in 2018. Here's a roundup of the biggest injury lawsuits this year:

School Has 'No Legal Duty' to Protect Students in Mass Shooting

A federal judge decided that the school district and sheriff's office had no legal duty to protect the students as they were fired upon by Nikolas Cruz in the Marjory Stoneman Douglas High School shooting in Parkland, Florida on February 14, 2018.

Fifteen students filed two suits, one in federal court and in one state, claiming they had a 14th Amendment due process right to be protected by law enforcement officers. The federal judge dismissed the case, while the state judge allowed for the case to proceed, even though both courts were using the same set of facts and legal precedent. But only one view will prevail, and legal scholars believe that will be the federal court's.