06/19/2025
🚑 A personal injury case is typically brought when someone suffers actual bodily or emotional harm. Injuries can be caused because another party acted recklessly, negligently or maliciously.
There are three main categories of personal injury claims, separated by the element of intent or, with strict liability claims, by the nature of the situation itself.
• Accidental Injuries
Negligence is the most common basis for lawsuits stemming from harm caused by another. These cases do not involve any deliberate desire to cause injury but rather a breach of the duty to exercise reasonable care, whether through action or inaction. Some examples include car accident claims, slip-and-fall cases and medical malpractice lawsuits. Wrongful death claims also typically fall within this category.
• Strict Liability Claims
In Louisiana, strict liability means a person can be held responsible for damages caused by their actions or property, even without proof of negligence or fault. Three of the most common bases for strict liability claims are animal attacks (e.g., dog bites), defective products (e.g., baby powder containing asbestos) and inherently or abnormally dangerous activities (e.g., dumping hazardous waste).
• Intentional Torts
These claims are based on purposeful action (or inaction) instead of negligence. That means in order to prevail, the plaintiff has to show the defendant knowingly or intentionally acted (or chose not to act) to cause them harm. Examples of intentional torts include assault, false imprisonment and intentional infliction of emotional distress.
If you’ve been injured due to someone else’s reckless or negligent behavior, contact us today for a free case consultation to determine your best path forward to recovery.
