Injury in the United States

Damage done to any legally protected interest of someone else. Injury may take a variety of forms, but generally involves damage to one’s person, rights, property, or reputation. Injuries may be private or public. Private injury is infringement of individual interests while public injury violates community interests. Injuries are generally either reparable or irreparable. A reparable injury is damage that can be fully repaired by monetary compensation. Irreparable injury, on the other hand, is not easily redressed in courts because the injury is so large (or small), occurs so frequently, or because monetary standards do not readily measure the damage. Bodily or physical injury typically refers to physical damage to a person although it may include invasion of personal rights as well. It is legally distinct from damage to property or reputation.

See Also

Controversy (Civil Process) Standing (Civil Process).

Analysis and Relevance

The presence of injury is essential to initiating and sustaining legal action. Injury is a critical ingredient in establishing standing to sue. In order for a suit to be heard by a court, the plaintiff in an action must have suffered both legal and direct injury. That is, the injury must be one that is protected by law, and the injury must be suffered by the party bringing the legal action. A third party who has not been injured directly is not permitted to bring suit.

Notes and References

1. Definition of Injury from the American Law Dictionary, 1991, California

Injury Definition

(Lat. in, negative, jus, a right). A wrong or tort. Relative injuries are injuries to those rights which a person possesses in relation to the person who is immediately affected by the wrongful act done. Absolute injuries are injuries to those rights which a person possesses as being a member of society. Private injuries are infringements of the private or civil rights belonging to individuals, considered as individuals. Public injuries are breaches and violations of rights and duties which affect the whole community as a commimity. Injuries to personal property are the unlawful taking and detention thereof from the owner; and other injuries are some damage affecting the same while in the claimant’s possession, or that of a third person, or injuries to his reversionary interests. Injuries to real property are ousters, trespasses, nuisances, waste, subtraction of rent, disturbance of right of way, and the like. It is obvious that the divisions overlap each other, and that the same act may be, for example, a relative, a private, and a public injury at once. For many injuries of this character, the offender may be obliged to suffer punishment for the public wrong, and to recompense the sufferer for the particular loss which he has sustained. The distinction is more commonly marked by the use of the terms civil injuries to denote private injuries, and of crimes, misdemeanors, etc., to denote the public injury done, though not always; as, for example, in case of a public nuisance which* may be also a private nuisance. In Civil Law. A delict committed in contempt or outrage of any one, whereby his body, his dignity, or his reputation is maliciously injured. Voet. Com, ad Pand, 47, tit. 10, note 1. A real injury is inflicted by any act by which a person’s honor or dignity is affected; as, striking one with a cane, or even aiming a blow without striking; spitting in one’s face; assuming a coat of arms, or any other mark or distinction, proper to another, etc. The composing and publishing defamatory libels may be reckoned of this kind. Ersk. Prac. 4. 4. 45. A verbal injury, when directed against a private person, consists in the uttering contumelious words, which tend to injure his character by making him littl or ridiculous. Where the offensive words are uttered in the heat of a dispute, and spoken to the person’s face, the law does not presume any malicious intention in the utterer, whose resentment generally subsides with his pasINJUSTUM EST sion; and yet, even in that case, the truth of the injurious words seldom absolves entirely from punishment. Where the injurious expressions have a tendency to blacken one’s moral character, or fix some particular guilt upon him, and are deliberately repeated in different companies, or handed about in whispers to confidants, the crime then becomes slander, agreeably to the distinction of the Roman law. Dig. 15. § 12, “De Injur.”

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Legal Issue for Attorneys

(Lat. in, negative, jus, a right). A wrong or tort. Relative injuries are injuries to those rights which a person possesses in relation to the person who is immediately affected by the wrongful act done. Absolute injuries are injuries to those rights which a person possesses as being a member of society. Private injuries are infringements of the private or civil rights belonging to individuals, considered as individuals. Public injuries are breaches and violations of rights and duties which affect the whole community as a commimity. Injuries to personal property are the unlawful taking and detention thereof from the owner; and other injuries are some damage affecting the same while in the claimant’s possession, or that of a third person, or injuries to his reversionary interests. Injuries to real property are ousters, trespasses, nuisances, waste, subtraction of rent, disturbance of right of way, and the like. It is obvious that the divisions overlap each other, and that the same act may be, for example, a relative, a private, and a public injury at once. For many injuries of this character, the offender may be obliged to suffer punishment for the public wrong, and to recompense the sufferer for the particular loss which he has sustained. The distinction is more commonly marked by the use of the terms civil injuries to denote private injuries, and of crimes, misdemeanors, etc., to denote the public injury done, though not always; as, for example, in case of a public nuisance which* may be also a private nuisance. In Civil Law. A delict committed in contempt or outrage of any one, whereby his body, his dignity, or his reputation is maliciously injured. Voet. Com, ad Pand, 47, tit. 10, note 1. A real injury is inflicted by any act by which a person’s honor or dignity is affected; as, striking one with a cane, or even aiming a blow without striking; spitting in one’s face; assuming a coat of arms, or any other mark or distinction, proper to another, etc. The composing and publishing defamatory libels may be reckoned of this kind. Ersk. Prac. 4. 4. 45. A verbal injury, when directed against a private person, consists in the uttering contumelious words, which tend to injure his character by making him littl or ridiculous. Where the offensive words are uttered in the heat of a dispute, and spoken to the person’s face, the law does not presume any malicious intention in the utterer, whose resentment generally subsides with his pasINJUSTUM EST sion; and yet, even in that case, the truth of the injurious words seldom absolves entirely from punishment. Where the injurious expressions have a tendency to blacken one’s moral character, or fix some particular guilt upon him, and are deliberately repeated in different companies, or handed about in whispers to confidants, the crime then becomes slander, agreeably to the distinction of the Roman law. Dig. 15. § 12, “De Injur.”

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This definition of Injury Is based on the The Cyclopedic Law Dictionary . This definition needs to be proofread..

Injury meaning

Injury implies damages and although the two terms are not synonyms they are very nearly so. Injury is the ordinary consequence of violation of one’s rights though injury does not always lead to damages which is why though the two terms are nearly the same they are not exactly so. Wherever there are damages there was an injury but ther is not always damages where there is injury. This principle of damnum sine injuria(q.v.) may be difficult for the lay person. However injury can encompassing abstract rights with no monetary value. Thus in cases of damnum sine injuria the injury is either de minimis, i.e. a trifling and too small to be remedied practically at the law or incommensurate. In such cases the plaintiff will have a satisfaction remedy of nominal damages – which are also called symbolic damages.

Injury in the International Business Landscape

Definition of Injury in the context of U.S. international business and public trade policy: The requirement, under GATT, that an industry seeking trade relief establish that it has been hurt by foreign competition. In the United States, a finding of injury has always been required for escape clause relief, and since 1979 for the bulk of CVD and antidumping cases as well.

Workplace Injuries

Note: Find out more information about this topic in this American legal Encyclopedia. Workplace injuries represent another significant aspect of personal injury cases. However, they often intersect with workers’ compensation laws.

Personal Injury: Product Liability

Note: Find out more information about this topic in this American legal Encyclopedia. Another common type of personal injury case is based on defective products. This type of case may be argued under a strict liability or a negligence legal theory depending on the circumstances of the case.

Personal Injury: Who Is to Blame for the Accident?

Note: Find out more information about this topic in this American legal Encyclopedia. Before determining how to proceed with a case, there must be at least one person or entity that is legally responsible for the damages that the affected people suffered.

Personal Injury: What Happens if Multiple Parties Are at Fault?

Note: Find out more information about this topic in this American legal Encyclopedia. In some situations, more than one party may be to blame for an accident. Two or more drivers may cause their injuries.

Cause of Action Against Grower or Packer for Injury From Contaminated Produce: an Overview

This section examines this type of action. This subject identifies the various elements of the Cause of Action Against Grower or Packer for Injury From Contaminated Produce, offering a practical approach to the litigation issues of this cause of action. See also the entry about legal risks.

Cause of Action for Death or Injury Caused by Residential Swimming Pools: an Overview

This section examines this type of action. This subject identifies the various elements of the Cause of Action for Death or Injury Caused by Residential Swimming Pools, offering a practical approach to the litigation issues of this cause of action. See also the entry about legal risks.