INJURY

injury,n.1. The violation of another’s legal right, for which the law provides a remedy; a wrong or injustice. See WRONG. 2.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).3. 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). — injure,vb. — injurious,adj.

accidental injury.An injury resulting from external, violent, and unanticipated causes; esp., a bodily injury caused by some external force or agency operating contrary to a person’s intentions, unexpectedly, and not according to the usual order of events. [Cases: Insurance 2590. C.J.S.

Insurance §§ 864, 1170.]

advertising injury.Harm resulting from (1) oral or written speech that slanders or libels a person, or disparages a person’s goods, products, or services; (2) oral or written speech that violates a person’s right of privacy; (3) misappropriation of advertising ideas or style of doing business; or (4) infringement of copyright, esp. in a name or slogan.

bodily injury.Physical damage to a person’s body. — Also termed physical injury. See serious bodily injury. [Cases: Damages 30, 32; Insurance 2276. C.J.S. Damages §§ 53, 89–93;

Insurance §§ 941, 943, 1132–1133.]

civil injury.Physical harm or property damage caused by breach of a contract or by a criminal

offense redressable through a civil action.

compensable injury (k<<schwa>>m-pen-s<<schwa>>-b<<schwa>>l).Workers’ compensation. An 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. [Cases: Workers’

Compensation 511–770. C.J.S. Workmen’s Compensation §§ 288–470, 475.] consequential injury.See consequential loss under LOSS.

continual injury.An injury that recurs at repeated intervals. — Also termed (but improperly)

continuous injury.

continuing injury.An injury that is still in the process of being committed. • An example is the constant smoke or noise of a factory. — Also termed continuing harm. [Cases: Damages 110.

C.J.S. Damages §§ 135–136.]

direct injury. 1. An injury resulting directly from violation of a legal right. 2. An injury resulting directly from a particular cause, without any intervening causes. [Cases: Damages 16.

C.J.S. Damages §§ 23–24.]

injury in fact.An actual or imminent invasion of a legally protected interest, in contrast to an invasion that is conjectural or hypothetical. • An injury in fact gives the victim standing to bring an action for damages. [Cases: Federal Civil Procedure 103.2.]

irreparable injury (i-rep-<<schwa>>r-<<schwa>>-b<<schwa>>l). An injury that cannot be adequately measured or compensated by money and is therefore often considered remediable by injunction. — Also termed irreparable harm; nonpecuniary injury. See IRREPARABLE-INJURY RULE. [Cases: Injunction 14, 138.6. C.J.S. Injunctions §§ 24, 27–28.]

“The term ‘irreparable injury,’ however, is not to be taken in its strict literal sense. The rule does not require that the threatened injury should be one not physically capable of being repaired.

If the threatened injury would be substantial and serious — one not easily to be estimated, or repaired by money — and if the loss or inconvenience to the plaintiff if the injunction should be refused (his title proving good) would be much greater than any which can be suffered by the defendant through the granting of the injunction, although his title ultimately prevails, the case is one of such probable great or ‘irreparable’ damage as will justify a preliminary injunction.” Elias Merwin, Principles of Equity and Equity Pleading 426–27 (H.C. Merwin ed., 1896).

legal injury.Violation of a legal right.

malicious injury. 1. An injury resulting from a willful act committed with knowledge that it is likely to injure another or with reckless disregard of the consequences. 2.MALICIOUS MISCHIEF.

nonpecuniary injury.See irreparable injury. pecuniary injury.An injury that can be adequately measured or compensated by money.

permanent injury. 1. A completed wrong whose consequences cannot be remedied for an indefinite period. 2. An injury to land the consequences of which will endure until the reversioner takes possession, as a result of which the reversioner has a present right of possession.

personal injury.Torts. 1. In a negligence action, any harm caused to a person, such as a broken bone, a cut, or a bruise; bodily injury. 2. Any invasion of a personal right, including mental suffering and false imprisonment. — Also termed private injury. [Cases: Insurance 2306.] 3. For purposes of workers’ compensation, any harm (including a worsened preexisting condition) that arises in the scope of employment. — Abbr. PI. [Cases: Workers’ Compensation 552–566,

604–770. C.J.S. Workmen’s Compensation §§ 325–337, 365–470, 475.] physical injury.See bodily injury.

private injury.See personal injury (2).

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. reparable injury (rep-<<schwa>>r-<<schwa>>-b<<schwa>>l). An injury that can be

adequately compensated by money.

scheduled injury.A partially disabling injury for which a predetermined amount of

compensation is allowed under a workers’-compensation statute. [Cases: Workers’ Compensation

869–902. C.J.S. Workmen’s Compensation §§ 575–591.]

serious bodily injury.Serious physical impairment of the human body; esp., bodily injury 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. Model Penal Code § 210.0(3). • Typically, the fact-finder must decide in any given case whether the injury meets this general standard. Generally, an injury meets this standard if it creates a substantial risk of fatal consequences or, when inflicted, constitutes mayhem. Cf. MAYHEM(1). — Also termed serious bodily harm; grievous bodily harm; great bodily injury. [Cases: Homicide 530.]

temporary injury.An injury that may be abated or discontinued at any time by either the

injured party or the wrongdoer.

willful and malicious injury.Bankruptcy. Under the statutory exception to discharge, damage to another entity (such as a creditor) caused by a debtor intentionally performing a wrongful act — without just cause or excuse — that the debtor knew was certain or substantially certain to cause injury. 11 USCA § 523(a)(6). [Cases: Bankruptcy 3355. C.J.S. Bankruptcy § 332.] INJURY-IN-FACT TRIGGER injury-in-fact trigger.See ACTUAL-INJURY TRIGGER.

[Blacks Law 8th]