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.
Featured Cases
FELLNER v. TRI-UNION SEAFOODS, L.L.C.
2:2006cv00688
Filed in New Jersey District Court
Type of Suit: Personal Injury- Product Liability
Plaintiff: DEBORAH FELLNER; Defendant: TRI-UNION SEAFOODS, L.L.C.
Judge: Dennis M. Cavanaugh
Cause Of Action: DiversityPFM Air, Inc. et al v. Dr.Ing.hc.F.Porsche A.G. et al
8:2008cv00392
Filed in Florida Middle District Court
Type of Suit: Airplane Product Liability
Plaintiff: PFM Air, Inc., Goedicke Inc of America, Peter Collinson Family, LP, AB Consulting, Inc., Pacific Aeromarine, Inc. and others...; Defendant: Dr.Ing.hc.F.Porsche A.G., Porsche Cars North America, Inc., Porsche Aviation Products, Inc., Gary Butcher
Judge: Elizabeth A. Kovachevich
Cause Of Action: DiversityFERRARA v. UNITED STATES FLAG AND TOUCH FOOTBALL LEAGUE
3:2009cv00094
Filed in Florida Northern District Court
Type of Suit: Other Personal Injury
Plaintiff: SEAN S. FERRARA; Defendant: UNITED STATES FLAG AND TOUCH FOOTBALL LEAGUE
Judge: M CASEY RODGERS
Cause Of Action: DiversitySmidt v. Ryle et al
2:2010cv00072
Filed in Wyoming District Court
Type of Suit: Other Personal Injury
Plaintiff: Richard J Smidt. Defendant: Franklin J Ryle, Wyoming Department of Transportation John Cox, Wyoming Highway Patrol Colonel Sam Powell, Jess Oyler, John Butler and other.
Judge: Clarence A Brimmer
Cause Of Action: Civil Rights ActDall v. Alomar
1:2009cv00514
Filed in New York Eastern District Court
Type of Suit: Other Personal Injury
Plaintiff: Ilya Dall; Defendant: Roberto Alomar
Judge: David G. Trager
Cause Of Action: Diversity
Dockets
Dodson v. North American Laserscopic Spine Institute, L.L.C. ...
3:2012cv00398
Filed in Texas Northern District Court
Type of Suit: Personal Injury- Medical Malpractice
Plaintiff: Mikel Dodson. Defendant: North American Laserscopic Spine Institute, L.L.C., D/B/A North American Spine, A/K/A North American Spine Institute, Forest Park Medical Center, Brian Flanagan, Jennifer Portmann and Lonestar Back Institute, P.L.L.C. and other.
Judge: David C Godbey
Cause Of Action: Diversity-Medical MalpracticeHowland et al v. C.R. Bard, Inc.
2:2012cv00255
Filed in West Virginia Southern District Court
Type of Suit: Personal Injury- Product Liability
Plaintiff: Elizabeth Howland and Bruce Howland. Defendant: C. R. Bard, Inc.
Judge: Joseph R. Goodwin
Cause Of Action: Diversity-Product LiabilityCollins et al v. United States Army
1:2012cv00058
Filed in Texas Eastern District Court
Type of Suit: Personal Injury- Medical Malpractice
Plaintiff: Grindley Collin and LeKesha Collin. Defendant: United States Army.
Judge: Thad Heartfield
Cause Of Action: Fed. Question: Personal InjuryHellems v. 1369302 Ontario Limited et al
2:2012cv10519
Filed in Michigan Eastern District Court
Type of Suit: Other Personal Injury
Plaintiff: Tammy M Hellem. Defendant: 1369302 Ontario Limited and Harsharn Singh Bain.
Judge: Lawrence P. Zatkoff
Cause Of Action: Diversity-Personal InjuryIn re: Boston Scientific Corp. Pelvic Repair System Products Liability Litigation
2:2012md02326
Filed in West Virginia Southern District Court
Type of Suit: Personal Injury- Product Liability
Cause Of Action: Fed. Question: Personal Injury
Legislation
Bill Introduced: H.R.3862 Sunshine for Regulatory Decrees and Settlements Act of 2012
To impose certain limitations on consent decrees and settlement agreements by agencies that require the agencies to take regulatory action in accordance with the terms thereof, and for other purposes.Bill Introduced: S.2042 A bill to reinstate the reporting provision relating to fees and ...
A bill to reinstate the reporting provision relating to fees and expenses awarded to prevailing parties in civil actions involving the United States.Bill Introduced: H.R.3806 One Subject at a Time Act
To end the practice of including more than one subject in a single bill by requiring that each bill enacted by Congress be limited to only one subject, and for other purposes.Bill Introduced: H.R.3713 Equitable Treatment for the Living Victims of Lockerbie Act
To direct the Foreign Claims Settlement Commission to receive and determine the validity and amount of claims for loss of wages and other property of those plaintiffs in the case Bruce D. Abbott et al. v. Socialist People's Libyan Arab Jamahiriya.Bill Introduced: H.R.3725 Libyan Assets Taxpayer Reimbursement Act of 2011
To authorize the President to vest certain property of the Government of Libya seized or blocked by the United States and to authorize the use of that property to defray the full costs of Operation Odyssey Dawn and United States participation in NATO Operation Unified Protector, and for other purposes.
Regulations
Rule - Procedures for the Handling of Retaliation Complaints under Section 806 of the ...
Occupational Safety and Health Administration
Rule
Procedures for the Handling of Retaliation Complaints under Section 806 of the Sarbanes-Oxley Act
,
68084-68097 [2011-28274]
DEPARTMENT OF LABOR Occupational Safety and Health Administration 29 CFR Part 1980 [Docket Number: OSHA-2011-0126] RIN 1218-AC53 Procedures for the Handling of Retaliation Complaints Under Section 806 of the Sarbanes-Oxley Act of 2002, as Amended AGENCY: Occupational Safety and Health Administration, Labor. ACTION: Interim Final Rule; request for comments. SUMMARY: The Occupational Safety and Health Administration (OSHA) is amending the regulations governing employee protection (``retaliation''... [read document]
View Document | Download PDFProposed Rule - Occupational Injury and Illness Recording and Reporting Requirements: NAICS ...
Occupational Safety and Health Administration
Proposed Rule
Occupational Injury and Illness Recording and Reporting Requirements:
NAICS Update and Reporting Revisions
,
59952-59953 [2011-24779]
DEPARTMENT OF LABOR Occupational Safety and Health Administration 29 CFR Part 1904 [Docket No. OSHA-2010-0019] RIN 1218-AC50 Occupational Injury and Illness Recording and Reporting Requirements--NAICS Update and Reporting Revisions AGENCY: Occupational Safety and Health Administration (OSHA), Labor. ACTION: Proposed rule; Notice of reopening of rulemaking record. SUMMARY: OSHA is reopening the rulemaking record to allow interested persons to comment on OSHA's proposal to update Appendix A to... [read document]
View Document | Download PDFProposed Rule - Occupational Injury and Illness Recording and Reporting Requirements: NAICS ...
Occupational Safety and Health Administration
Proposed Rule
Occupational Injury and Illness Recording and Reporting Requirements:
NAICS Update and Reporting Revisions
,
36414-36438 [2011-15277]
DEPARTMENT OF LABOR Occupational Safety and Health Administration 29 CFR Part 1904 [Docket No. OSHA-2010-0019] RIN 1218-AC50 Occupational Injury and Illness Recording and Reporting Requirements--NAICS Update and Reporting Revisions AGENCY: Occupational Safety and Health Administration (OSHA), Labor. ACTION: Proposed rule. SUMMARY: OSHA is proposing to update Appendix A to Subpart B of its Injury and Illness Recording and Reporting regulation. Appendix A contains a list of industries that are... [read document]
View Document | Download PDFRule - Standards Improvement Project: Phase III
Occupational Safety and Health Administration
Rule
Standards Improvement Project:
Phase III
,
33590-33612 [2011-13517]
Vol. 76 Wednesday, No. 110 June 8, 2011 Part IV Department of Labor Occupational Safety and Health Administration 29 CFR Parts 1910, 1915, 1917 et al. Standards Improvement Project--Phase III; Final Rule Federal Register / Vol. 76, No. 110 / Wednesday, June 8, 2011 / Rules and Regulations DEPARTMENT OF LABOR Occupational Safety and Health Administration 29 CFR Parts 1910, 1915, 1917, 1918, 1919, 1926 and 1928 [Docket No. OSHA-2006-0049] RIN 1218-AC19 Standards Improvement Project--Phase III... [read document]
View Document | Download PDFRule - Compliance Directive for Fall Protection in Residential Construction
Occupational Safety and Health Administration
Rule
Compliance Directive for Fall Protection in Residential Construction
,
80315 [2010-32154]
DEPARTMENT OF LABOR Occupational Safety and Health Administration 29 CFR Part 1926 Compliance Directive for Fall Protection in Residential Construction AGENCY: Occupational Safety and Health Administration (OSHA), Labor. ACTION: Notice of Significant Enforcement Policy Change; Rescission of Interim Fall Protection Compliance Directive for Residential Construction. SUMMARY: The Occupational Safety and Health Administration (OSHA) is issuing compliance directive STD 03-11-002 Fall Protection in... [read document]
View Document | Download PDF
Articles
Financiers as Monitors: Unbundling Agency, Risk, and Reward in Aggregate Litigation
UGA Legal Studies Research Paper No. 1968961 Elizabeth Chamblee Burch University of Georgia Law School Date Posted: December 07, 2011 Last Revised: January 30, 2012Duo Cum Faciunt Idem, Non Est Idem - Evidence from Austrian Pain and Suffering Verdicts
Magdalena Flatscher-Thöni , Andrea M. Leiter and Hannes Winner UMIT, Department of Public Health and Health Technology Assessment , Faculty of Economics and Statistics, University of Innsbruck and University of Salzburg - Department of Social and Economic Science Date Posted: January 13, 2012 Working Paper Series 1 downloads Empirical Analysis of Tort Damages RESEARCH HANDBOOK ON THE ECONOMICS OF TORTS, Jennifer Arlen, ed., Cheltenham, U.K.: Edward Elgar Publishing, 2012, Vanderbilt Law and Economics Research Paper No. 12-01 W. Kip Viscusi Vanderbilt Law School Date Posted: January 13, 2012 Accepted Paper Series 52 downloads Innovation, Tort Law, and Competition Klaus Heine and Florian Baumann Rotterdam Institute of Law and Economics and University of Tuebingen - Faculty of Economics and Business Administration Date Posted: January 10, 2012 Working Paper Series 23 downloads Choice of Law in the American Courts in 2011: Twenty-Fifth Annual Survey American Journal of Comparative Law, Vol. 60, 2012 Symeon C. Symeonides Willamette University - College of Law Date Posted: January 06, 2012 Last Revised: January 29, 2012How to Share Sequential Liability: A Cooperative Game Theoretical Approach
Samuel Ferey and Pierre Dehez affiliation not provided to SSRN and University of Louvain Date Posted: January 23, 2012 Working Paper Series 2 downloads Optimal Attorney Advertising Michael P. Stone and Thomas J. Miceli Quinnipiac University - Department of Economics and University of Connecticut - Department of Economics Date Posted: January 23, 2012 Working Paper Series 1 downloads The Vicissitudes of Tort: A Response to Professors Rabin, Sebok & Zipursky DePaul Law Review, Vol. 60, 2011, NYU Law and Economics Research Paper No. 12-01 Catherine M. Sharkey New York University (NYU) - School of Law Date Posted: January 23, 2012 Last Revised: January 27, 2012Proof of Classwide Injury
Brooklyn Journal of International Law, Vol. 37, No. 3, 2012 Sergio J. Campos University of Miami - School of Law Date Posted: February 07, 2012 Accepted Paper Series 15 downloads Auditors and the Post-2002 Litigation Environment Research in Accounting Regulations, Forthcoming Ross D. Fuerman Suffolk University - Department of Accounting Date Posted: February 06, 2012 Accepted Paper Series 4 downloads D & O Insurance: A Primer American University Business Law Review, Vol. 1, 2012 Lawrence J. Trautman and Kara Altenbaumer-Price affiliation not provided to SSRN and affiliation not provided to SSRN Date Posted: February 06, 2012 Accepted Paper Series 16 downloads PRC Tort Liability Law 2009: Implications for Enterprises Operating in China Kristie Thomas Nottingham University Business School Date Posted: February 06, 2012 Working Paper Series 1 downloads New Private Law Theory and Tort Law: A Comment Harvard Law Review Forum, 2012, Boston Univ. School of Law, Public Law Research Paper No. 12-04 Keith N. Hylton Boston University Date Posted: February 01, 2012 Accepted Paper Series 23 downloads 'I'm Not Gay - Not that There's Anything Wrong with That!': Are Unwanted Imputations of Gayness Defamatory? Victoria University of Wellington Law Review, Vol. 37, p. 249, 2006, Victoria University of Wellington Legal Research Paper Dean R. Knight Victoria University of Wellington - Faculty of Law Date Posted: January 31, 2012 Accepted Paper Series 1 downloads A Medical Liability Toolkit, Including ADR Journal of Legal Metrics, Forthcoming , George Mason Law & Economics Research Paper No. 12-09 Michael I. Krauss George Mason University School of Law Date Posted: January 31, 2012 Accepted Paper Series 13 downloads Property Rules, Liability Rules, and Patents: One Experimental View of the Cathedral Yale Journal of Law & Technology, Vo. 14, p. 138, 2011 Andrew W. Torrance and Bill Tomlinson University of Kansas - School of Law and University of California, Irvine Date Posted: January 29, 2012 Accepted Paper Series 48 downloads The Evolving Legal Regime for Autonomous Vehicles Sam Wardle affiliation not provided to SSRN Date Posted: January 27, 2012 Working Paper Series Challenges to the Patent System Giuseppina (Pina) D'Agostino Osgoode Hall Law School - York University Date Posted: January 25, 2012 Working Paper Series 6 downloads The Effect of Bankruptcy Exemptions on Medical Malpractice Insurance Limits Tom Baker , Eric Helland and Jonathan Klick University of Pennsylvania Law School , Claremont McKenna College - Robert Day School of Economics and Finance and University of Pennsylvania Law School Date Posted: January 24, 2012 Working Paper Series 6 downloads Tort Liabilities and Torts Law: The New Frontier of Chinese Legal Horizon Richmond Journal of Global Law and Business, Vol. 10, No. 4, 2011, Temple University Legal Studies Research Paper No. 2011-23 Mo Zhang Temple University - James E. Beasley School of Law Date Posted: January 24, 2012 Accepted Paper Series 68 downloads Economic Analysis of Punitive Damages: Theory, Empirics, and Doctrine RESEARCH HANDBOOK ON THE ECONOMICS OF TORT, Jennifer Arlen, ed., Kluwer, Forthcoming, NYU Law and Economics Research Paper No. 12-02 Catherine M. Sharkey New York University (NYU) - School of Law Date Posted: January 23, 2012 Last Revised: January 27, 2012A Financial Economic Analysis of Punitive Damages
Michigan Law Review, Vol. 111, 2012, U of Maryland Legal Studies Research Paper No. 2012-5 Robert J. Rhee University of Maryland Francis King Carey School of Law Date Posted: December 03, 2011 Last Revised: January 25, 2012
