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Injury is physiological damage to the living tissue of any organism, whether in humans, in other animals, or in plants. Injuries can be caused in many ways, including mechanically with penetration by sharp objects such as teeth or with blunt objects , by heat or cold, or by venoms and biotoxins .
Harm may be of various kinds: bodily injury, psychological trauma, loss of property or reputation, breach of contract, etc. Injury may give rise to civil tort or criminal prosecution. Law recognizes certain categories of injury, such as personal injury vs. injury to property, permanent injury, irreparable injury, potential injury, continuing ...
Major trauma is a severe traumatic injury that has the potential to cause disability or death. Serious traumatic injury most often occurs as a result of traffic collisions. [11] Traumatic injury is the leading cause of death in people under the age of 45. [12] Blunt trauma injuries are caused by the forceful impact of an external object.
[51] [52] In form (1), where an injury does not amount to grievous bodily harm, intent to cause grievous bodily harm (in the advancement of a different cause) must be shown. Practically, the "virtual certainty" clause cannot come into force, since grievous bodily harm was not actually caused, by definition. [51]
Historically, personal injury lawsuits in tort for monetary damages were virtually nonexistent before the Industrial Revolution of the 19th century. [4] In agrarian, pre-industrial societies where most people did not travel far from home during their lifetimes, accidental bodily injuries inflicted by one stranger upon another were quite rare. [5]
Consent to injury, or Volenti non fit injuria, is a full defence; if successful, there is no delict. As a general defence, it can take two forms: consent to a specific harmful act of the defendant; and; assumption of the risk of harm connected with the activity of the defendant. There are five requirements for the defence of consent: capacity;
Actual bodily harm [41] – the term is not defined in the Crimes Act, but case law indicates actual bodily harm may include injuries such as bruises and scratches, [42] as well as psychological injuries [43] if the injury inflicted is more than merely transient (the injury does not necessarily need to be permanent) [44]
Liability for payment of an award of damages is established when the claimant proves, on the balance of probabilities, that a defendant's wrongful act caused a tangible, harm, loss or injury to the plaintiff. Once that threshold is met, the plaintiff is entitled to some amount of recovery for that loss or injury. No recovery is not an option.