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injury:
n. (14c.)
1. The violation of another’s legal right, for which the law provides a remedy; a wrong or injustice. Scots law. Anything said or done in breach of a duty not to do it, if harm results to another in person, character, or property. Injuries are divided into real injuries (such as wounding) and verbal injuries (such as slander). They may be criminal wrongs (as with assault) or civil wrongs (as with defamation).
2. Any harm or damage. Some authorities distinguish harm from injury, holding that while harm denotes any personal loss or detriment, injury involves an actionable invasion of a legally protected interest. See Restatement (Second) of Torts § 7 , cmt. A (1965). — injury, vb. — injurious, adj.” [1]
1. The invasion of a legal right. Bowman v Davenport, 243 Iowa 1135, 53 NW2d 249, 63 ALR2d 853.
To be distinguished from “damage,” which is the loss, hurt, or harm resulting from the “injury.” 22 Am J2d Damg § 1.
As the word appears in an application for life, health or accident insurance: — a substantial injury affecting the general health. 29 Am J Rev ed Ins § 750.
As the term is used in a workmen’s compensation statute: — any lesion or change in the structure of the body, causing harm thereto and a lessened facility of its natural and normal use. Sullivan’s Case, 265 Mass 497, 164 NE 457, 62 ALR 1458.
Damage or harm to the physical structure of the body, although not necessarily presenting external or visible signs of its existence, 58 Am J1st Workm Comp § 194; sometimes construed to include simple and common diseases, 58 Am J 1st Workm Comp §244; including also nonoccupational diseases and disorders of an idiopathic nature, as well as those having a definitely traumatic origin. 58 Am J1st Workm Comp §244. [2]
1. The invasion of a legal right; an actionable wrong done to a person, her property, or her reputation. (Compare “damage,” which is the loss, hurt, or harm resulting from “injury.”) Note that an injury, as the law uses that term, is not limited to physical harm done to the body; note too that, in the language of the law, an injury to the body (that is, a personal injury) may mean death as well as mere physical harm. [3]
General Terms used to Describe
Various Types of Injuries:
consequential injury – an injury arising from the results of damage rather than from the damage itself.
continual injury – an injury that recurs at repeated intervals.
continuing injury – an injury that is still in the process of being committed. — aka continuing harm.
physical injury – damage to one’s body or an injury that exists so a person cannot physically enjoy his property.
temporary injury – tn injury that may be abated or discontinued at any time by either the injured party or the wrongdoer.
Terms used to
Classify Types of Injuries:
indivisible injury – a single injury that has been caused by concurrent tortfeasors and that is not reasonably capable of being separated.
injury in fact – an actual or imminent invasion of a legally protected interest, in contrast to an invasion that is conjectural or hypothetical.
irreparable injury – an injury that cannot be adequately measured or compensated by money and is therefore often considered remediable by injunction.
malicious injury – a physical or non-physical injury resulting from a willful act committed with knowledge that it is likely to injure another or with reckless disregard of the consequences.
pecuniary injury – an injury that can be adequately measured or compensated by money; a reparable injury as opposed to an irreparable injury.
permanent injury – a lasting injury to person, land, water, or property that is likely to be lasting, and whose consequences cannot be remedied for an indefinite period.
willful and malicious injury – an injury to a person or property inflicted intentionally and deliberately, without cause and with no regard for the legal rights of the injured party; often associated with bankruptcy. 11 USCA § 523(a)(6).
Various Types of Injuries
that could Qualify as Other Types of Injuries as well:
personal injury – an actionable physical (bodily) injury or invasion of a personal right (i.e. wrongful eviction, slander, false arrest, violation of the right to privacy); an injury to the individual himself, resulting from breach of contract or tort.
Types of
Personal Injuries:
bodily injuries – physical harm or injury to a person’s body. — aka personal injury; personal bodily injury; physical injury. See serious bodily injury; personal injury.
- serious bodily injury – a serious physical impairment of the human body that creates a substantial risk of death or that causes serious, permanent disfigurement or protracted loss or impairment of the function of any body part or organ.— Abbr. SBI. — aka serious bodily harm; grievous bodily harm; great bodily injury.
- accidental injury – a bodily injury resulting from external, violent, and unanticipated causes, especially caused by some external force or agency operating contrary to a person’s intentions, unexpectedly, and not according to the usual order of events.
legal injury – an invasion or violation of a legal right.
- direct injury – an injury which the direct result of the violation of a legal right.
- ouster &/or wrongful eviction – the wrongful dispossession or exclusion of someone from property.
- false arrest &/or imprisonment – an arrest and/or restraint and/or imprisonment made without proper legal authority.
- slander –coming soon.
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civil injury – physical harm or property damage caused by breach of a contract or by a criminal offense redressable through a civil action.
public injury – a loss or an injury stemming from a breach of a duty or violation of a right that affects the community as a whole (i.e. official misconduct, crimes, public nuisances).
injurious exposure – contact with a substance that would cause injury if the person were repeatedly exposed to it over time.
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Types of Injuries
pertaining strictly to Property:
injuriously affected – as a condition of the right to damages in eminent domain, the consequences of an act which would have given a right of action if the act had not been authorized by the statute.
injury by the elements – such injuries that results from the most common destructive forces of nature, against which buildings need to be protected.
injury in his property – direct or indirect harm or damage to property, including the diminishing of his property by a transfer, or a payment of money, induced by fraud.
injury to property – something materially affecting the capacity of particular property for ordinary use and enjoyment.
Types of Non-Physical Injuries:
advertising injury – harm resulting from oral or written speech that slanders or libels a person, violates their right to privacy, or disparages their goods, products, services, name, or slogan.
injurious falsehood – a defamation that causes damage (i.e. disparagement, trade disparagement).
injurious words – slanderous or libelous language.
injury to reputation – a diminution in any manner or degree of the esteem, goodwill, or confidence that a people place in a person, firm, company, etc.
Types of Injuries
Strictly pertaining to Businesses:
antitrust injury – damage, loss, or harm caused by anticompetitive conduct that violates antitrust laws (i.e. a vertical maximum-price-fixing conspiracy that results in predatory pricing).
compensable injury – a personal injury caused by an accident arising from the employment and in the course of the employee’s work, and for which the employee is statutorily entitled to receive compensation.
economic injury – an injury to a person’s ability to enter into or profit from a business arrangement.
injury arising out of employment – an injury with a direct cause and effect relationship between the injury and the employment.
scheduled injuries – types of partially disabling injuries for which a predetermined amount of compensation is allowed under a workers’ compensation statute.
References:
Disclaimer: All material throughout this website is pertinent to people everywhere, and is being utilized in accordance with Fair Use.
[1]: Black’s Law Dictionary Deluxe Tenth Edition by Henry Campbell Black, Editor in Chief Bryan A. Garner. ISBN: 978-0-314-61300-4
[2]: Ballantine’s Law Dictionary with Pronunciations
Third Edition by James A. Ballantine (James Arthur 1871-1949). Edited by William S. Anderson. © 1969 by THE LAWYER’S CO-OPERATIVE PUBLISHING COMPANY. Library of Congress Catalog Card No. 68-30931
[3]: Ballantine’s Law Dictionary Legal Assistant Edition by Jack Ballantine (James Arthur 1871-1949). Doctored by Jack G. Handler, J.D. © 1994 Delmar by Thomson Learning. ISBN 0-8273-4874-6.
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