Have You Heard About Personal Injury Law? When involved in a car accident, experiencing medical negligence, or purchasing an unsuitable product you likely encountered personal injury law – but who started this branch of legal practice?
Donoghue v Stevenson in 1932 brought negligence into sharp focus and laid out that manufacturers owe consumers a duty of care.
The Industrial Revolution
Pre-Industrial Revolution, it was incredibly rare for anyone to be injured by someone they hadn’t previously met; most agrarian people lived in close-knit communities where any injuries often involved family or close friends, rather than strangers. Legal proceedings and compensation proceedings could often prove costly affairs that were out of the reach of most individuals.
The Industrial Revolution spurred vast economic expansion, enhanced food security, and provided millions of people with previously inaccessible goods. At the same time, however, its effect led to worsening working conditions at home and contributed to economic exploitation abroad. Lawmakers and courts refined tort laws during this time, setting foundational principles which still govern personal injury law today; two significant decisions – Palsgraf decision in 1928 and Donoghue case 1932 – established duty of care as an important concept.
The Middle Ages
The Middle Ages or Medieval Period can be considered the period between Roman civilisation’s decline and Renaissance. Although modern historians do not use this term to refer to non-European nations with feudal organizations that still exhibit characteristics from this era, this term is generally applied from 5th century BC up until early 16th century.
Laws regarding personal injuries did not emerge until the 1600s in England’s common law system, when “Res Ipsa Loquitur”, or speaking for itself, became standard practice of law.
This principle dictated that injuries that occurred less frequently must have been caused by someone, and compensation should be awarded as quickly as possible – something still carried out today. Furthermore, it gave birth to the idea of negligence: breach of duty of care by one party against another party.
The 1800s
In the 1800s, several major developments shaped modern personal injury law. Common law rules were developed that enabled people to file suit if they experienced damage due to another party’s negligence – an important precedent that remains valid today and forms the basis of personal injury claims.
At this time, English common law began making its way to America and beginning to shape personal injury law in various ways. A key principle established was “res ipsa loquitur,” or the principle of responsibility attributed to natural causes for accidents or incidents that had non-natural causes as being responsible.
Additionally, during this era regulations on attorney fees were liberalized and legal advertising began to spread, eventually leading to films featuring Paul Newman as lawyers like The Verdict. Medical malpractice damages also began to rise following an important court decision which enshrined proximate cause as an accepted legal concept.
The 20th Century
Personal injury law was thrust into the public spotlight at the dawn of the 20th century, thanks to a shift from tribal systems of justice that prioritized revenge toward more centralized legal frameworks that allowed governments to regulate and control outcomes of legal matters. As a result of this development, legal concepts like negligence and the right to compensation remain integral parts of modern personal injury law today.
It saw the rise of workers’ compensation laws that provide financial benefits for injured workers regardless of fault, and court decisions which laid out important personal injury doctrines. One key case was Priestley v Fowler wherein the court decided employers must be held responsible for workplace safety – setting a precedent which continues to guide modern workplace regulations and also opening up defective product lawsuits.
