Personal injury laws are defined at state level. A panel of the members of legislatures sit to create, alter and amend the laws. Personal injury law of one state might not be the of the other state’s copy.
State laws share a good deal of similarities. While defining personal injury laws three torts are accepted under consideration – negligence torts, international torts and strict liability torts.
Three Torts in Personal Injury Laws
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International torts cater for cases in which the offenders are knowledgeable about the repercussions of their actions while committing it. The activity is deliberate. Household physical, assault and psychological abuses and office bully fall under international torts.
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Negligence torts consume the lion portion of personal injury Laws. Most personal injury lawsuits are based on negligence torts. The law makes it compulsory for all the citizens to act responsibly and that any other person would do if placed in similar circumstance. In other words, so that others do not get affected for their behavior everybody should behave rationally and sensibly.
By Way of Example, a person would take steps to remove traces of water, oil or grease from the floor which accommodates a good deal of people everyday. Now, if a restaurant owner fails to do so and anybody slips and falls on the ground, the owner is held responsible for behavior under negligence torts.
Strict liability torts deal with a different type of behavior. Here, if the behavior of one person does any harm the victim can sue the offender . The defendant is held guilty because his actions injured someone else. Points like whether he was conscious of the consequences or he was not able to conform with standards are not at all considered.
Personal injury laws for malpractice
Apart from torts, personal injury laws in America protect the citizens against professional malpractice. Medical malpractice and professional malpractice laws are introduced to stop unethical and wrongful actions of professionals including medical practitioners.
Personal injury laws deal with product liabilities. This section entitles consumers sue the manufacturer of a defective product which caused damage and injury. When a person buys a chair from a furniture store and falls from it while sitting because the legs of the chair were broke, the buyer can sue the furniture store or the manufacturer .
And there is a part of personal injury laws that deal with transportation laws. Maritime, rail road, Automobile and aviation accidents cases utilize this part of state personal injury law.
How to make Complete use of personal injury laws
To make use of the personal injury laws, you want to understand the section which best suits your case. You need to choose whether the transportation law or negligent tort is the ground for your compensation claim case.