Some types of personal injury cases are based on strict liability. This means that a particular person or entity is held strictly liable for any injuries that are produced by their actions. Strict liability is usually imposed by statute, and there are certain types of personal injuries where liability strictly falls with another when a victim is hurt or injured. Two specific examples of strict liability can be found in injuries that are due to a defective product, and injuries that are due to animal bites.
Personal injury is a commonly used term. What exactly does personal injury mean? Personal injury is a legal term that accounts for injuries that result from an accident of some kind. Injuries can include those that are physical, mental, or emotional. Personal injury does not include damage to property.
An element that needs to be present in a personal injury case is negligence. Negligence means that the accident occurred out of careless or reckless behavior. Negligence is also defined as the failure to act with reasonable care. In other words, the party responsible for the accident failed to act with adequate care and caution. Adequate care is determined by asking the question, “How would a sensible and rational person act under the same circumstances under which the accident occurred?” A successful personal injury case proves that the person or entity responsible for the accident acted with negligence.
Traumatic brain injury can be caused by a number of factors such as falling, motor vehicle accidents, being struck by a moving object, violent attacks, military combat, and sports injuries. In the United States, approximately 1.7 million people get a brain injury each year; 50,000 of those individuals will die from the injury and 80,000 will experience permanent disabilities. A brain injury occurs when there is an impact to the head or when an object penetrates the brain, such as a bullet or shrapnel. A brain injury occurs when the brain hits against the skull or is cut by an object leading to bleeding, swelling, or tearing in the brain.
In some cases, a brain injury can result from medical malpractice. Medical malpractice is when poor medical care results in harm to the patient. If a medical practitioner, such as a doctor, nurse, or other medical professional, acts incompetently and subsequent injuries occur, there is a case of medical malpractice due to negligence. While state law regarding medical malpractice varies, a medical professional can be held liable if they either fail to provide care within a reasonable standard of care or act with negligence.
The winter months in South Carolina are often accompanied by a few snowstorms. Sometimes these storms include ice. Albeit pretty, these storms can be very dangerous, and they frequently lead to personal injuries. In particular, these snow and ice storms regularly cause injuries from slip and falls. These slip and fall injuries can lead to fractures, as well as being devastating and long lasting. Thus, during the winter months, it is very important that you engage in protective measures to prevent being injured in a slip and fall accident.
Motorcycle accidents can be tragic and often fatal. In the year 2010, there were 1,819 reported motorcycle accidents in South Carolina alone. As a matter of fact, fatalities from motorcycle accidents accounted for nearly 10 percent of all the traffic fatalities in 2010. If you are injured while riding a motorcycle, and if you can establish that another person was at fault, you might be eligible for substantial compensation.
According to a recent compilation of data from the Federal Aviation Administration (FAA) in 2014, there were approximately 6,498 total active issued pilot licenses issued in the state of South Carolina. Whether you are a pilot, co-pilot, or a passenger, being involved in a private or commercial airplane crash can have long-term legal implications in terms of property damage, personal injury, and insurance coverage issues. In 2014, it was estimated by the Federal Aviation Administration that there were approximately 593,499 total active pilot certificates being held by individuals in the U.S. This statistic alone shows that there are a substantial number of individuals who became victims of plane crashes, and therefore need to fully understand the legal implications of if and when a plane crash occurs.