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

It's summertime, meaning you're probably going to be spending some time around the pool during the next few months. Few things are more relaxing than being pooling on a sunny day, and, unfortunately, few places are as dangerous, to children and adults alike.

Sadly, accidents happen at swimming pools. And when they do, whose fault are they? That could depend on whose pool it is and the type of injury involved. Here's a look at pool safety and the law, from our archives:

On September 10, 2017, Spencer Hight walked into his estranged wife's home and opened fire on the football watch party she was hosting with an AR-15, killing her and seven of her guests. Before the shooting, Hight had been drinking at a bar down the street and was allegedly visibly intoxicated while he was being served.

Now parents of three of Hight's victims are suing the Local Public House in Plano, Texas, as well as the bartender who served him, claiming the bar was grossly negligent in failing to monitor Hight's alcohol consumption and continuing to serve Hight alcohol, and also that his intoxication was "a proximate cause" of the shooting.

California Won't Regulate Elon Musk's Flamethrower

Summer's almost here, and that means BBQs, pool parties, and camping. And as fun as all that is, how many times have you thought, "You know what this party needs? A flamethrower"? Well, you're in luck. Not only are flamethrowers already available, but a recent effort to regulate Elon Musk's flamethrower has failed. So, you're relatively free to light it up. What could possibly go wrong?

Summer Beach Injuries: Who Is Liable?

At long last, summer weather is upon us. Barbecues, swimming pools, and farmer's tans are beckoning. And not to rain on your summertime parade, but it's important to remember that accidents and injuries can happen anywhere, even when you're just planning on a relaxing day at the beach. So, whether you're headed to Malibu, Cape Cod, or any of the beaches in between, we hope it'll be a blissful visit. But just in case, let's review some summer beach injuries and related liability issues.

Nearly every day brings another story of an overturned conviction, and the list of exonerated death row inmates adds several names every year. Just last week, John Bunn, wrongfully arrested and convicted of killing a corrections officer when he was just 14, was exonerated based on tainted evidence produced by a detective who worked on the case.

And while it is nice that wrongfully convicted men and women are exonerated and released from prison, what about compensating them for the mistakes made in their prosecution? Here are four things you need to know about suing the police or prosecutors for being falsely accused and wrongfully arrested, prosecuted, or imprisoned.

Just about every story about a personal injury lawsuit will make some reference to damages, noting how much the plaintiff is asking for and what kind. And a lot of specific legal terms get thrown around: general damages, special damages, and punitive damages.

But what do they mean? Are they available in every case? And are they capped? Here are seven of the most frequently asked questions regarding damages in personal injury lawsuits, and a few answers:

Can You Get Kicked Off a Plane for Being 'Pungent'?

Flying has become less and less of a pleasant experience. But what usually makes the biggest difference between a tolerable experience and one that causes you to question your faith in humanity, is the other humans on board. Some are delightful, but others have a special penchant for being astoundingly rude.

It appears that one woman and her children had to deal with the latter type as they made their way from Nigeria to Canada, by way of the States. According to her lawsuit, she was kicked off her flight in Houston, TX after a male passenger complained of her pungent odor. She says the real reason was racial discrimination.

Muslim Woman Forced to Remove Hijab After Arrest, Sues Sheriff's Dept.

Freedom of religion is so central to our nation's identity, it's covered by the First Amendment. It's so crucial, every young student learns about the Pilgrims and how they escaped religious persecution by fleeing England and settling in America. And yet, even now, you don't have to look very far to see or hear about instances of discrimination affecting every type of religion out there. In a case that doesn't seem to be an isolated occurrence, one woman is suing the Ventura County Sheriff's Department for forcing her to remove her hijab after her arrest.

Woman Injured in Uber Crash Sues Driver, Uber

Uber has made huge advances in the peer-to-peer driving industry. Between ridesharing, food delivery, and their progress with regard to autonomous cars, the company is worth billions. But despite all that, Uber has recently been caught up in a hearty slate of lawsuits and scandals. In a recent lawsuit, a woman is suing her Uber driver and the company after she sustained serious injuries in a crash.

Over 100 Uber Drivers Accused of Assault, Abuse

Millions of people have relied on Uber to get where they need to go. But not everyone arrives at their destination safely. Reporting and analysis by CNN reveals that over 100 Uber drivers have been accused of sexual assault or abuse over the past four years. With criminal charges, civil suits, and even class action lawsuits pending, customers are wondering what changes are being made, and Uber is promising to be part of the solution.