subject: Types Of Personal Injury Cases [print this page] Although most personal injury cases involve the legal theory of negligence, there are several other types of personal injury lawsuits. Three of the most common types of personal injury cases involve negligence, products liability and premises liability. The legal theory that applies in a particular case depends on who is responsible for causing the injury. Below is a brief description of the three most common legal theories in personal injury cases:
Negligence: The majority of personal injury lawsuits involve the legal theory of negligence. Negligence cases attempt to prove that a person or business entity failed to exercise reasonable care in order to avoid a foreseeable risk of harm to another person or property. If the act of negligence causes financial, emotional, or physical injury, then the negligent party can be held legally liable for damages to the injured person. Some of the most common types of accidents that involve negligence include auto accidents, motorcycle accidents, truck accidents, dog bite injuries, and medical malpractice.
Products Liability: Products liability cases involve the responsibility of a product's manufacturer, wholesaler, or retailer for any injuries sustained by consumers who use that product. Products liability cases are governed by the principle of strict liability. Strict liability, or liability without fault, automatically imposes liability for certain types of injuries regardless of whether or not the wrongdoer acted negligently in causing the injuries. Thus, the injured party in a products liability case does not have to prove negligence on the part of the wrongdoer. Rather, the plaintiff need only demonstrate that the product was unreasonably dangerous for its intended use as a result of a design, manufacturing or warning label defect.
Premises Liability: A personal injury case may also involve the legal theory of premises liability. Premises liability cases are commonly referred to as slip and fall or slip, trip and fall cases. This type of lawsuit arises when a person sustains an injury while on someone else's property, whether it be a supermarket, shopping mall, office building, or private residence. Under this theory, owners of property have the legal responsibility to ensure their premises are maintained in a safe condition for anyone who may use the property. The level of liability varies depending on how the person uses the property. There are three different classes of users recognized in premises liability lawsuits: invitees, licensees and trespassers.
In all types of personal injury cases, it is advisable to contact an experienced personal injury attorney to discuss your case.
by: Frank U. Daniels
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