Common Types of Personal Injury Cases

Personal injury falls under “tort” law. It allows an injured party to be compensated for harm he/she suffered as a result of someone else’s careless act (negligence) or intentional conduct (such as assault and battery). What are the most common types of personal injury actions?
1. ACCIDENTS. These include vehicle accidents involving cars, trucks, buses, motorcycles, bicycles, trains, and pedestrians.
2. SLIP AND FALLS. These include slip and falls in businesses open to the public, such grocery stores, malls, office buildings, hotels and restaurants. It also includes homes and apartment complexes.
3. DOG BITES. In California, a dog owner is strictly liable, meaning that even if the owner has not been careless, he/she is still responsible for the harm caused to the injured party. However, a landowner who rents property to a dog owner is not strictly liable. Instead, the injured party needs to prove that the property owner was aware of, or should have been aware of the dog, and that the dog showed dangerous propensities.
4. ASSAULT and BATTERY. These are intentional torts, where a perpetrator is held responsible for intentionally harming another person. The victim often has a criminal case in addition to a civil remedy. Insurance cannot cover such a case.
5. MEDICAL MALPRACTICE. This claim arises when a health care professional’s treatment falls “below the appropriate standard of care”, resulting in harm to the patient. These types of cases are difficult to prove and expensive to litigate.
6. PRODUCTS LIABILITY. There are generally two types: (a) a defect in the design of the product, such as a car; or (b) a defect in a single item not caused by design, such as a single coke bottle that had a manufacturing defect. These cases fall under strict liability and negligence.
For more information please call 661-476-5678 or visit http://mrscvlaw.com