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

Electric scooters are all the rage -- some people really like them, and the rest of us are mad as hell. Some e-scooter companies have been banned from cities like San Francisco and Santa Cruz after their products have littered sidewalks, caused injuries, and been driven drunk.

And a new class action lawsuit against two of the largest e-scooter companies, Bird and Live, showed "a wanton disregard for the safety of others" by "dumping" scooters on public streets without an appropriate warnings or training. The damage, according to the suit, is tantamount to
"aiding and abetting assault."

If I Get an Infection From the Nail Salon, Can I Sue?

Any time there is an issue of negligence, a claim can be brought in court.

If a nail technician fails to abide by their duty of care, and an infection results, a suit can definitely be filed. But the pain may not be worth the price.

Under Wisconsin's administration of health insurance benefits,"[p]rocedures, services, and supplies related to surgery and sex hormones associated with gender reassignment" were excluded from coverage. But a federal judge recently ruled the exclusion violated antidiscrimination measures in the Affordable Care Act, and a jury just awarded two transgender women $780,000 after they were denied coverage for hormone therapy and surgery relating to their gender transitions.

On top of that, Wisconsin's insurance board voted to allow the coverage beginning January 1, 2019.

Harry Potter Amusement Park Ride Lawsuit Settles

Tommy Fry was stuck on the Harry Potter and the Forbidden Journey ride at Universal Studios Orlando for about an hour back in 2015, when the ride he and his two sons were on malfunctioned. Fry claimed to have been suspended upside down for this time, though the facts are unclear, since the ride technically does not invert passengers, but rather, tilts them. Fry sued in 2017, claiming injury and mental anguish among other things. Last week, an amicable settlement was reached between the two parties for undisclosed terms.

This brings up an interesting question: can you sue an amusement park for being injured on a ride? Apparently yes, and the cases often settle, with payouts running into the millions of dollars.

While the Federal Tort Claims Act (FTCA) waives the sovereign immunity of the federal government under certain circumstances, but those circumstances don't include injury claims by members of the armed forces and their families for injuries arising out of or in the course of activity related to military service. That might make sense for combat injuries sustained on the field of battle -- after all, can you imagine if the government got sued every time a soldier was injured or killed?

But what about when a healthy 33-year-old woman, who happens to be a Navy lieutenant and giving birth in a military hospital, mysteriously bleeds to death within hours of childbirth?

Navy Lt. Rebekah Daniel 's widower, Walter Daniel (a former Coast Guard officer himself), is suing in a search for answers as to his wife's death. And he is now taking his wrongful death case to the Supreme Court to try and get around decades of precedent preventing injury lawsuits against the federal government involving active-duty military members.

In the wake of the deadliest U.S. transportation-related accident in almost a decade, the operator of the limousine company whose "Frankenstein vehicle" was involved in the crash was arrested and charged with criminally negligent homicide. And while he is facing criminal liability for the 20 deaths as a result of the accident, he and the limo company may also face civil liability as a "common carrier."

But what are common carriers? And what are their responsibilities under federal and state tort law? Here's a legal roundup.

Foster Agency Sued for Fatal Pit Bull Attack in Kansas

A Kansas foster care agency is being sued in federal court after a foster child, who was placed back into her father's home, died from being attacked by pit bulls that lived in the home. The lawsuit is against the Department for Children and Families (DCF) and KVC Behavioral Healthcare, a private not-for-profit foster care contractor, and seeks damages of more than $75,000.

Plaintiffs, consisting of the child's mother and the child's estate, claim that the agency was negligent in placing the child back into the father's home, and for failing to adequately assess whether the home was safe.

Accidents and natural disasters may seem inevitable or like an act of God. But that doesn't mean that all injuries stemming from a disaster are unavoidable, or that someone isn't liable for the accident itself.

Determining that liability, however, and recovering for your injuries, can be complicated. Here are some tips if you've been injured and are considering a lawsuit after a disaster.

Can School Shooting Survivors Sue for Trauma?

Two years ago in South Carolina, on September 28, 2016, Jesse Osborne shot and killed his father. He then went to nearby Townville Elementary School where he shot three students and one teacher. One student died from excessive bleeding and cardiac arrest. Everyone else survived, but at what price?

Some of the survivors have suicidal thoughts. One had daily bouts with diarrhea, and once finally able to return to school, spiraled back down the recovery path after an unannounced intruder drill. Numerous children that weren't shot were still injured, not physically, but mentally. But is trauma alone enough for a negligence claim?

Facebook Content Moderator Developed PTSD, Suit Claims

It is no secret that Facebook users upload thousands of videos and images each year that are filtered out, based on obscenity and decency guidelines. Just like there's no tooth fairy, there's no content fairy.

Almost all of Facebook's uploaded content is screened by contracted content moderator workers, and some of them have been emotionally scarred by what they have been forced to view. As a result, one content moderator, Selena Scola, has filed a lawsuit claiming she is suffering from psychological trauma and post-traumatic stress disorder because she was not properly protected by Facebook, as promised in its corporate guidelines.