Personal Injury Legal Glossary under Personal Injury
Personal Injury Legal Glossary
1. Accident
Definition: An unforeseen and unintentional event that causes injury or damage.
Example Case: Palsgraf v. Long Island Railroad Co. (1928, U.S.) – A landmark case on foreseeability in accident liability. The court held that a defendant owes a duty of care only to those within the foreseeable zone of risk.
2. Assumption of Risk
Definition: A defense where the plaintiff knowingly exposed themselves to a dangerous activity.
Example Case: Murphy v. Steeplechase Amusement Co. (1929, U.S.) – The court held that individuals who voluntarily engage in risky activities cannot claim damages for injuries resulting from those risks.
3. Contributory Negligence
Definition: A defense claiming that the plaintiff’s own negligence contributed to their injury, potentially reducing or barring recovery.
Example Case: Butterfield v. Forrester (1809, England) – The plaintiff was riding too fast and hit an obstruction placed negligently by the defendant. The court denied recovery due to the plaintiff’s contributory negligence.
4. Comparative Negligence
Definition: A principle where damages are apportioned according to the degree of fault of each party.
Example Case: Li v. Yellow Cab Co. of California (1975, U.S.) – The court allowed damages to be reduced based on the plaintiff’s percentage of fault rather than denying recovery entirely.
5. Damages
Definition: Monetary compensation awarded to the injured party for losses suffered.
Types:
Compensatory Damages: For actual loss, medical bills, lost wages, pain and suffering.
Punitive Damages: To punish egregious misconduct.
Example Case: BMW of North America, Inc. v. Gore (1996, U.S.) – Landmark case on the limits of punitive damages for disproportionate awards.
6. Duty of Care
Definition: Legal obligation to avoid causing harm to others.
Example Case: Donoghue v. Stevenson (1932, UK) – Established the modern concept of duty of care. A manufacturer owed a duty to consumers even without direct contractual relationship.
7. Intentional Tort
Definition: A wrongful act done deliberately to cause harm.
Example Cases:
Battery: Cole v. Turner (1704, England) – Defined battery as unlawful physical contact.
Assault: Stephens v. Myers (1830, England) – Threatening actions causing apprehension of imminent harm constitute assault.
8. Liability
Definition: Legal responsibility for injury or damage caused.
Types:
Strict Liability: Responsible regardless of fault (Rylands v. Fletcher, 1868, England).
Negligence-Based Liability: Based on failure to exercise reasonable care.
9. Negligence
Definition: Failure to exercise reasonable care, resulting in harm to another person.
Elements: Duty, Breach, Causation, Damages.
Example Case: Caparo Industries plc v. Dickman (1990, UK) – Established the threefold test for duty of care: foreseeability, proximity, and fairness.
10. Personal Injury
Definition: Physical or psychological harm caused to a person due to another’s negligence or intentional act.
Example Case: McLoughlin v. O’Brian (1983, UK) – Recognized psychiatric injury claims for close relatives witnessing accidents.
11. Product Liability
Definition: Legal responsibility of manufacturers or sellers for defective products causing injury.
Example Case: Greenman v. Yuba Power Products, Inc. (1963, U.S.) – Established strict liability for defective products regardless of negligence.
12. Proximate Cause
Definition: Legal cause that directly leads to injury; harm must be a foreseeable result of defendant’s action.
Example Case: Palsgraf v. Long Island Railroad Co. (1928, U.S.) – Only harms within foreseeable risk are recoverable.
13. Res Ipsa Loquitur
Definition: “The thing speaks for itself” – used when negligence is inferred from the nature of the accident.
Example Case: Byrne v. Boadle (1863, UK) – A barrel falling from a warehouse inferred negligence without direct evidence.
14. Strict Liability
Definition: Liability without fault for inherently dangerous activities or defective products.
Example Case: Rylands v. Fletcher (1868, UK) – Defendant held strictly liable for flooding caused by storing water on their land.
15. Tort
Definition: Civil wrong causing harm, giving rise to a legal claim for damages.
Example Case: Donoghue v. Stevenson (1932, UK) – A foundational tort case establishing liability in negligence.
16. Wrongful Death
Definition: Legal claim by survivors against a party responsible for causing a person’s death through negligence or intentional act.
Example Case: Snyder v. King (1953, U.S.) – Survivors were awarded damages for economic loss and emotional distress following wrongful death.
Conclusion
This glossary covers key legal terms in personal injury law and illustrates them with landmark case law. Understanding these terms helps in assessing liability, damages, defenses, and legal strategies in personal injury claims.
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