Personal
injury torts are suits undertaken by an injured party in court, stating that
he was hurt by the neglect of another party. The most generally known types of
these suits are
road accidents, work accidents, assaults,
product defect injuries, home injuries, "trip and fall injuries," and holiday
accidents. The difficulty that frequently arises when classifying personal
injury torts is that not infrequently the categories overlap somewhat. For
example, many people suffer accidents during holidays, because of the exciting
pace of life, use of alcohol, and vacationing in different and sometimes
dangerous environs; be that as it may, a number of holiday accidents can also
fall into other categories. A hotel guest might trip on a wet floor or when
frightening by a unexpected sight such as a penguin walking on the loose, on
that account suffering a tripping injury, a child at home might experience
injury from a new toy which was fabricated improperly or which is fundamentally
dangerous, thus he was victim of a product defect category wound. An accident
may take place at a festive occasion at home, thereby falling into the home
accident category. A
vehicular accident can also be placed
into numerous categories if, for instance, the smashup was caused by a faulty
automobile part.
In the end, sorting out the various
types of personal injury can take place
in the process of litigation when an attempt must be made to assign blame on
someone or something. The ultima thule determination in any claim will be who
required to pay the compensation. If a road accident was the result of a product
defect then in some way the manufacturer is responsible. If a
slip and fall
injury occurs at home then the home owner might be to blame. Assigning blame
to the homeowner, if merited, is important because it raises the question of
whether the home owner's insurance will cover the claim.
Sometimes
assignment of carelessness for an injury might fall into two categories. To
illustrate the point a auto company makes a defective part but the court decides
the driver should have known about the problem and tried to repair it. "Holiday"
related personal injury cases are possibly the most puzzling because they will
inevitably fall into one of the other classifications, and it is not so obvious
why they must have a category of their own. This might reflect the fact that the
venue of the claim will be in a city possibly some distance from the victim's
abode. However, an injury at a holiday social gathering in the injured party's
castle is also classified as a holiday accident and in that situation there is
no concern about venue. Most likely holiday accidents are classified separately
because payout for the injury may be covered by special travel policies, which
specifically add coverage for travel and medical related mishaps. this
explanation still doesn't tell us why a party at home during a holiday period
might be described as holiday related. Perhaps, articles that have described
this type of dwelling based event are actually describing accidents that took
place at a holiday or second home, which would be paid out by a secondary
holiday home insurance policy.
Read More