Problems Classifying Personal Injury Torts

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.

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