If you suffer an injury as a result of another person’s or company’s negligence, you may have the right to file a civil lawsuit known as a personal injury claim. A personal injury claim allows a person to seek compensation from people or companies that may be legally responsible for the victim’s injuries and damages. Personal injury claims are among the most common types of civil lawsuits filed in the courts. There are several different types of personal injury cases. The most common personal injury cases involve animal attacks, motor vehicle accidents, product liability, premises liability, and medical malpractice.
Dogs are considered man’s best friend, but they also are responsible for many personal injury lawsuits. Owners have a legal duty to make sure that their dogs and other animals are safe and will
not harm other individuals. When dog and animal owners disregard this legal duty, people can suffer severe injuries when dogs and other animals attack. If a person suffers an injury from another owner’s animal then the injured person may be able to file a personal injury lawsuit. Whether or not the animal owner is liable often depends on if the animal had dangerous propensities and if the owner knew or should have known of these dangerous propensities. In addition to dog attacks, there are other animal attacks that can form the basis of a personal injury lawsuit, including snakes, monkeys, or horses.
Motor Vehicle Accidents
Every day numerous people suffer injuries in motor vehicle accidents. When a person suffers an injury in a motor vehicle accident then the person may have the right file a personal injury lawsuit. Motor vehicle accidents comprise some of the most common types of personal injury lawsuits. Drivers have a duty to operate their vehicles in a safe manner so as not to cause accidents and injuries to other drivers. As seen on a daily basis, however, drivers too often fail to properly operate their vehicles. There are a variety legal theories for motor vehicle personal injury lawsuits, including if the driver failed to operate the vehicle at a proper speed, the driver failed to keep a proper lookout, the driver failed to adequately maintain the condition of the car, the driver failed to properly use the brakes, or the driver failed to properly warn others.
Companies have a legal duty to design, manufacture, distribute, and sell products that are safe for use by consumers. Despite this duty, companies sometimes design, manufacture, and sell products that are dangerous for consumers, and consumers suffer injuries from the using product. When this happens, consumers may have the right to file a legal claim known as a product liability lawsuit.
There are three main types of product liability lawsuits. First, under a design defect lawsuit, a consumer claims that a company designed a product that is inherently flawed. Second, under a manufacturing defect lawsuit, a consumer claims that the product was designed properly, but that the product was not properly assembled. Finally, under market defect lawsuit, the consumer claims that a company failed to provide adequate product warnings or failed to prove sufficient product instructions. Common examples of product liability lawsuits include a car design that makes the car prone to tipping over, tires that were manufactured improperly, or a dangerous piece of machinery that does not have proper instructions or warnings.
The law imposes a legal obligation on property owners to keep properties safe for visitors. When people visit another person’s property, the visitor has an expectation that the property will be kept in a safe condition. Unfortunately, however, the property is not always maintained adequately. Visitors can suffer injuries from when a property is not maintained in a safe condition. When this happen, the injured visitor may have the right to file a legal claim known as a premises liability lawsuit. A premises liability lawsuit seeks to hold the property owner liable for maintaining an unsafe or dangerous property. Common examples of this include slip and falls from wet floors, defective stairs, hidden cords, or broken floors.
Importantly, every time a person suffers an injury on another person’s property, the injured person will not necessarily have the right to file a premises liability lawsuit. In order to hold the property owner responsible, the property owner must have failed to take reasonable steps to make the property safe. Whether or not the property owner took reasonable steps will depend on the facts and circumstances of each particular case, including whether the property owner knew of the condition and whether it would be reasonable for the property to repair the property or warn others of the condition.
Medical malpractice claims occur when a doctor or health care provider failed to adequately perform their medical duties. Medical malpractice claims occur in all types of medical situations. For example, a doctor may perform surgery on the wrong leg of a patient. Or, a doctor may prescribe the incorrect dosage of medication to a patient. The most common types of medical malpractice claims arise when the doctor fails to diagnose a patient’s condition or diagnoses the condition too late, when the doctor fails to follow a medically appropriate course of treatment for a patient’s condition, or when the doctor fails to adequately warn a patient of the dangers associated with following a particular course of treatment.