Accidents trigger the filing of a majority of the personal injury claims, but not all of them. In fact, there are 3 different types of personal injury claims.
The victims of an intentional tort have had a harmful act done to them on purpose. A harmful act that was done by someone with known intentions also falls under the label of intentional tort. Yet a victim has no right to say that a given act represented intentional tort, unless that same act caused the victim to suffer some type of damaging injury.
The legal system defines negligence as careless and neglectful behavior. The person that has done the neglectful act has given no thought to its purpose, or to the intentions behind it. The absence of thought on intentions can reflect a failure to note what should be an assumed duty of care. A staff member in a nursing home has a duty to help care for the patients that are living there. Only someone that has violated a duty of care can be charged with negligence.
Still, if someone breaches his or her duty but does not cause any damages, that irresponsible person cannot be the target of a personal injury claim. Only when someone’s negligence causes damage can the careless and neglectful person be charged with violation of personal safety or personal property. Personal Injury Lawyer in Fredericton understands that a final essential aspect of negligence concerns the nature of the damage that has resulted from that negligent behavior. It must have caused some type of injury. It could be a physical, emotional or financial injury.
A strict liability claim can only be made against someone that has been conducting a specific type of activity. It is an activity that might cause damage or injury. For instance, careless use of explosives would invite a charge of strict liability. Transport of hazardous materials could put others at risk, if it was not done safely. A company that made money by transporting such materials could become the target of a strict liability claim, if it used unsafe transport carriers, in order to save money.
Possession of wild animals or dangerous pets could result in creation of an undesirable situation. If any animal got loose, the owner could be charged with putting members of the public at risk. A manufacturer that has produced a defective product could get hit with a personal injury claim. So could a company that had failed to place the proper warning on a product with a known defect. That is why drug companies mention possible side effects in their ads.