Injury and Accident Law

Overview

When a person is injured, tort law will govern whether that person may be compensated for the injury, the amount of compensation that may be recovered, as well as which parties will be liable for the injury. Tort law, also known as injury law, comes from federal and state codes, as well as judicial opinions from prior cases.

Types of Injury Claims

Personal injuries constitute most injury claims in the United States. Personal injury suits may arise from automobile, plane or boating accidents, medical malpractice, animal or dog bites, defective or dangerous products, "slip and fall" accidents, or intentional assault. A number of personal injury claims also arise from injuries sustained in the workplace, including complications from industrial diseases (asbestosis, asthma, etc.), repetitive strain injury and occupational stress. Other injury claims include suits for libel, slander, defamation and property damage.

Bringing an Injury Claim

If the negligent, reckless or intentional acts of another causes an injury, injured parties or their loved ones should obtain legal representation as soon as possible to preserve evidence. Even if it appears that no one is at fault for the injury, or that injuries are minor, it may be beneficial to seek legal advice before the statute of limitations runs out and precludes further legal action. An injured victim may be able to recover through a formal civil court proceeding, or through informal settlement negotiations. If a victim chooses to pursue a civil court action, they generally must file the lawsuit in the county where the injury occurred.

Negligence

Most injury cases require the injured party (the "plaintiff") to prove that the opposing party (the "defendant") acted negligently. In order to recover under a negligence claim, the injured party must prove that: (1) the defendant owed a legal duty to that party; (2) the legal duty was breached by the defendant; and (3) the defendant's actions caused the injury. Generally, every citizen has the duty to act as a reasonably prudent person under similar circumstances. Defendants breach this duty if they fail to act with reasonable care. If the injury would not have occurred but for the defendant's breach, and there is no intervening event that breaks the chain of causation, the defendant will be found negligent. If a court determines that a defendant was negligent, the defendant may be liable for the plaintiff's injuries.

Strict Liability

A strict liability standard is used to determine liability in cases involving injuries caused by defective products, dangerous animals, or inherently dangerous activities such as blasting or shipping toxic chemicals. In strict liability cases, defendants may be found guilty even if they used reasonable care in conducting their activities. A defendant is guilty under a strict liability standard so long as the defendant's actions caused the plaintiff's injuries.

Types of Recovery in Injury Suits

An injured party may seek to recover their losses in a civil lawsuit. Additionally, a victim's family members may also be eligible to recover for losses suffered as a result of the victim's injuries. Common types of recovery include:

General Damages. General damages compensate losses related to the injury that are not easily quantifiable. General damages include compensation for pain and suffering and loss of enjoyment of life.
Loss of Consortium. The spouse of an injured party may bring a claim for loss of consortium. Loss of consortium damages compensate the spouse for any lost affection, solace, comfort and sexual relations which may result after an injury. In some jurisdictions, parents may also recover for loss of consortium of a child.
Lost Earning Capacity. If an injury has interfered with a party's ability to earn money in the future, the injured party may be entitled to damages for lost earning capacity. The court will consider a number of factors in determining how much the individual would have earned in ensuing years but for the injury.
Lost Wages. An injured party may recover any wages lost from the date of the injury to the date of settlement or judgment.
Medical Expenses. An injured party may recover medical expenses incurred in connection with the injury.
Punitive Damages. The goal of punitive damages is not to compensate the plaintiff, but to punish the defendant. Punitive damages may be awarded any time the defendant engages in reckless or intentional wrongdoing.
Wrongful Death. If a victim dies from their injuries, family members may bring a wrongful death action that will compensate them for the loss of the victim.

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Featured Cases

FELLNER v. TRI-UNION SEAFOODS, L.L.C.
Plaintiff Deborah Fellner alleged that Defendant Tri-Union Seafoods, L.L.C. d/b/a Chicken of the Sea violated the New Jersey Products Liability Act, the New Jersey Consumer Fraud Act and common law fraud for failing to warn the public that consumer of Defendant's tuna, purportedly containing methylmercury, could result in mercury poisoning.
New Jersey District Court
Plaintiff
Filed: February 15, 2006
Plaintiff: DEBORAH FELLNER; Defendant: TRI-UNION SEAFOODS, L.L.C.
Last Docket Filed: November 9, 2009
(November 8, 2009)
Dall v. Alomar
New York Eastern District Court
None
Filed: February 9, 2009
Plaintiff: Ilya Dall; Defendant: Roberto Alomar
Last Docket Filed: May 18, 2009
(May 17, 2009)
Hofer et al v. Old Navy Inc. et al
Plaintiff Stephanie Hofer's friend had used Expedia.com to reserve hotel accommodations at the Turtle Beach Towers resort in Jamaica. At the resort, Plaintiff allegedly fell into an ornamental turtle pond because of a defective Old Navy sandal. She was seriously injured by the protruding coral and slate in the pond. Plaintiff alleged that Defendant Expedia breached its duty to warn of the dangerous conditions at the Turtle Beach Towers. Expedia asserted that it expressly disclaimed any liability for the negligence of any carriers, hotels and other suppliers providing travel or other services for Expedia, Inc. via a click through disclaimer.
Massachusetts District Court
P.I.: Other
Filed: September 27, 2005
Plaintiff: Stephanie Hofer, Stephanie Hofer, Douglas Hofer, Douglas Hofer Defendant: Old Navy Inc., Old Navy Inc., Expedia, Inc, Expedia, Inc, Turtle Beach Towers ADR Provider: Timothy S. Hillman
Last Docket Filed: February 11, 2008
(February 10, 2008)
Bork v. The Yale Club of New York City
Plaintiff Robert H. Bork alleged that defendant Yale Club of New York City negligently failed to maintain reasonably safe facilities, such that plaintiff was injured while visiting the Yale Club to give a speech on June 6, 2006.
New York Southern District Court
P.I.: Other
Filed: June 6, 2007
Plaintiff: Robert H. Bork; Defendant: The Yale Club of New York City
Last Docket Filed: November 6, 2007
(November 5, 2007)
Waite v. Church of Jesus Christ, Latterday Saints et al
Plaintiff sued defendants The Church of Jesus Christ of Latter Day Saints (LDS Church), Donald C. Fossum and Steven D. Brodhead. Plaintiff alleged that while serving as a full-time missionary of the LDS Church, he suffered severe and permanent injuries when he was struck by a car driven by defendant Brodhead while riding in the bed of a canopied pickup truck owned by the LDS Church and operated by defendant Fossum, an agent of the LDS Church.
Washington Eastern District Court
Motor Vehicle
Filed: December 12, 2005
Plaintiff: Thomas A Waite; Defendant: Donald C Fossum, Steven D Brodhead, Corporation of the Presiding Bishop of the Church of Jesus Christ of Latter Day Saints, Corporation of the President of the Church of Jesus Christ of Latter Day Saints
Last Docket Filed: August 27, 2007
(August 26, 2007)

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Dockets

Clement v. Chevron U.S.A. Inc.
Texas Southern District Court
Other Personal Injury
Filed: February 9, 2010
Plaintiff: Steven Clement Defendant: Chevron U.S.A. Inc.
(February 8, 2010)
McLaughlin et al v. Merck & Co., Inc.
New York Southern District Court
Personal Injury- Product Liability
Filed: February 9, 2010
Plaintiff: Lilian McLaughlin, Kenneth L. McLaughlin Defendant: Merck & Co., Inc.
(February 8, 2010)
Cenetempo v. B&J Express, Inc. et al
New Jersey District Court
Motor Vehicle
Filed: February 9, 2010
Plaintiff: James Cenetempo Defendant: B&J Express, Inc., Baljit Singh
(February 8, 2010)
Kennedy v. Yamaha Motor Corporation, USA et al
Kentucky Western District Court
Personal Injury- Product Liability
Filed: February 9, 2010
Plaintiff: Michael Brandon Kennedy, Michael Brandon Kennedy, Michael Brandon Kennedy Defendant: Yamaha Motor Corporation, USA, Yamaha Motor Corporation, USA, Yamaha Motor Corporation, USA, Yamaha Motor Manufacturing Corporation of America, Yamaha Motor Manufacturing Corporation of America and others...
(February 8, 2010)
PRICE et al v. SMITHKLINE BEECHAM CORPORATION
Pennsylvania Eastern District Court
Personal Injury- Product Liability
Filed: February 9, 2010
Plaintiff: ROBERT O PRICE, MARTHA ANN PRICE Defendant: SMITHKLINE BEECHAM CORPORATION, SMITHKLINE BEECHAM CORPORATION
(February 8, 2010)

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Legislation

Bill Enacted: H.R.1377 To amend title 38, United States Code, to expand veteran eligibility for ...
To amend title 38, United States Code, to expand veteran eligibility for reimbursement by the Secretary of Veterans Affairs for emergency treatment furnished in a non-Department facility, and for other purposes.
February 03, 2010: Became Public Law No: 111-137.
(February 1, 2010)
Bill Introduced: H.R.4530 Student Nondiscrimination Act of 2010
To end discrimination based on actual or perceived sexual orientation or gender identity in public schools, and for other purposes.
(January 25, 2010)
Bill Introduced: S.2870 Antigua Convention Implementing Act of 2009
A bill to establish uniform administrative and enforcement procedures and penalties for the enforcement of the High Seas Driftnet Fishing Moratorium Protection Act and similar statutes, and for other purposes.
(December 8, 2009)
Bill Signed by President: H.R.2996 Department of the Interior, Environment, and Related ...
Making appropriations for the Department of the Interior, environment, and related agencies for the fiscal year ending September 30, 2010, and for other purposes.
October 30, 2009: Signed by President.
(October 28, 2009)
Bill Signed by President: H.R.2647 National Defense Authorization Act for Fiscal Year 2010
The title was amended in conference to read as follows: "to authorize appropriations for fiscal year 2010 for military activities of the Department of Defense, to prescribe military personnel strengths for fiscal year 2010, and for other purposes".
October 28, 2009: Signed by President.
(October 26, 2009)

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Regulations

Proposed Rule - Revising Standards Referenced in the Acetylene Standard; withdrawal
Occupational Safety and Health Administration
Proposed Rule
Revising Standards Referenced in the Acetylene Standard; withdrawal
,
5707 [2010-2313]
DEPARTMENT OF LABOR Occupational Safety and Health Administration 29 CFR Part 1910 [Docket No. OSH-2008-0034] RIN No. 1218-AC08 Revising Standards Referenced in the Acetylene Standard AGENCY: Occupational Safety and Health Administration (OSHA), Labor. ACTION: Proposed rule; withdrawal. SUMMARY: With this document, OSHA is withdrawing the proposed rule that accompanied its direct-final rule revising the Acetylene Standard for general industry. DATES: As of February 4, 2010, the proposed rule... [read document]
View Document | Download PDF
(February 3, 2010)
Proposed Rule - Explosives
Occupational Safety and Health Administration
Proposed Rule
Explosives
,
5545-5546 [2010-2273]
DEPARTMENT OF LABOR Occupational Safety and Health Administration 29 CFR Part 1910 [Docket No. OSHA-2007-0032 (formerly Docket Nos. OSHA-S031-2006-0665 and OSHA-S-031)] RIN 1218-AC09 Explosives AGENCY: Occupational Safety and Health Administration (OSHA); Labor. ACTION: Proposed rule; termination. SUMMARY: In this notice, OSHA is terminating the rulemaking to amend its Explosives and Blasting Agents Standard at 29 CFR 1910.109. OSHA is taking this action because it has limited rulemaking... [read document]
View Document | Download PDF
(February 2, 2010)
Proposed Rule - Occupational Injury and Illness Recording and Reporting Requirements
Occupational Safety and Health Administration
Proposed Rule
Occupational Injury and Illness Recording and Reporting Requirements
,
4728-4741 [2010-2010]
DEPARTMENT OF LABOR Occupational Safety and Health Administration 29 CFR Part 1904 [Docket No. OSHA-2009-0044] RIN 1218-AC45 Occupational Injury and Illness Recording and Reporting Requirements AGENCY: Occupational Safety and Health Administration (OSHA), Labor. ACTION: Proposed rule; announcement of public meeting. SUMMARY: OSHA is proposing to revise its Occupational Injury and Illness Recording and Reporting (Recordkeeping) regulation to restore a column to the OSHA 300 Log that employers... [read document]
View Document | Download PDF
(January 28, 2010)
Proposed Rule - Additional Quantitative Fit-testing Protocols for the Respiratory Protection ...
Occupational Safety and Health Administration
Proposed Rule
Additional Quantitative Fit-testing Protocols for the Respiratory Protection Standard
,
4323-4331 [2010-1656]
DEPARTMENT OF LABOR Occupational Safety and Health Administration 29 CFR Part 1910 [Docket No. OSHA-2007-0007] RIN 1218-AC39 Additional Quantitative Fit-testing Protocols for the Respiratory Protection Standard AGENCY: Occupational Safety and Health Administration (OSHA), Labor. ACTION: Proposed rule; withdrawal. SUMMARY: After thoroughly reviewing the comments and other information available in the record for the proposed rulemaking, OSHA concludes that the revised PortaCount[supreg]... [read document]
View Document | Download PDF
(January 26, 2010)
Proposed Rule - Combustible Dust; Stakeholder Meetings
Occupational Safety and Health Administration
Proposed Rule
Combustible Dust; Stakeholder Meetings
,
3881-3883 [2010-1322]
DEPARTMENT OF LABOR Occupational Safety and Health Administration 29 CFR Part 1910 RIN 1218-AC41 Combustible Dust AGENCY: Occupational Safety and Health Administration (OSHA), Labor. ACTION: Notice of stakeholder meetings. SUMMARY: OSHA invites interested parties to participate in informal stakeholder meetings on the workplace hazards of combustible dust. OSHA plans to use the information gathered at these meetings in developing a proposed standard for combustible dust. DATES: Dates and... [read document]
View Document | Download PDF
(January 24, 2010)

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Articles

OâConnell Early Settlement Offers: Toward Realistic Numbers and Two-Sided Offers
Journal of Empirical Legal Studies, Vol. 7, 2010, Northwestern Law & Econ Research Paper No. 09-41, University of Illinois, Law and Economics Research Paper No. LE09-029, U of Texas Law, Law and Econ Research Paper No. 171 Bernard S. Black , David A. Hyman and Charles Silver Northwestern University - School of Law , University of Illinois - College of Law and University of Texas at Austin - School of Law Date Posted: February 9, 2010 Last Revised: February 9, 2010
(February 8, 2010)
The Cultural and Intellectual Property Interests of the Indigenous Peoples of Turkey and Iraq
Hannibal Travis Florida International University College of Law Date Posted: February 9, 2010 Last Revised: February 9, 2010
(February 8, 2010)
Procedural Adequacy
Texas Law Review See Also, Forthcoming, FSU College of Law, Public Law Research Elizabeth Chamblee Burch Florida State University - College of Law Date Posted: January 31, 2010 Last Revised: February 8, 2010
(February 7, 2010)
Open and Proprietary Biological Innovation in Human Genetic Enhancement
Washington University Journal of Law and Policy, Vol. 30, pp. 93-138, 2009 Andrew W. Torrance University of Kansas - School of Law Date Posted: February 6, 2010 Last Revised: February 6, 2010
(February 5, 2010)
Neurobiology and Patenting Thought
IDEA: The Journal of Law and Technology, Vol. 50, pp. 27-48, 2009 Andrew W. Torrance University of Kansas - School of Law Date Posted: February 5, 2010 Last Revised: February 5, 2010
(February 4, 2010)

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