In the UK and around the world, personal injury law is for the most part shaped by precedent. When a court of law decides that a given situation amounted to wrongdoing, then future courts are bound to consider that decision when deciding on similar cases. Consequently, some apparently innocuous personal injury cases end up being closely studied by everyone looking to enter the field.
Personal injury cases are extremely common, and ruled on an almost daily basis. It’s ruled by tort, which is a common law jurisdiction. It involves taking action in order to receive a legal remedy, which is proportionate to the harm inflicted.
What exactly constitutes harm, and what reward is appropriate, is a matter of some debate. The legal system makes sure that everyone gets fair treatment by paying very close attention to the precedents. Some particular cases have played a huge role in shaping the law as we enforce it today. Others became famous because of the celebrity status of the people involved. And others made celebrities out of the people who participated in them.
Anderson v. Pacific Gas and Electric
This case generated a media frenzy, making a megastar out of then-unknown Erin Brockovich, and eventually requiring the defendant to settle for $333 million – which was an American record. Brockovich discovered that the Pacific Gas and Electric had been dumping toxic (and carcinogenic) waste into the groundwater, which eventually manifested as an unusual concentration of illnesses related to hexavalent chromium – which is used on pipelines to deal with rust.
Liebeck v. McDonald’s
If you’ve ever looked at the side of a disposable coffee-cup and been surprised to read the words ‘caution, hot’, then you’ve got this case in New Mexico to thank. Stella Liebeck, a 79-year-old, was holding her coffee between her legs in the car as she added cream and sugar to it. When it spilled all over her, she needed a weeklong stay in the hospital, several skin grafts, and treatment that eventually lasted two years. Whose fault was that? McDonalds’s, according to the courts, who ordered them to pay $2.7m in damages.
You might think that this is an egregious example of American lawsuit culture. But consider that at around 90°C, a cup of coffee with cause third-degree burns in three seconds flat – which is why restaurants should serve it at 60°C, instead. Or, so argued Liebeck’s lawyer.
Escola v. The Coca-Cola Company
In the mid-40s, the coca cola company was experiencing a spate of bottle explosions. When waitress Gladys Escola suffered severe nerve and blood vessel damage in her hand, she took legal action. The investigation determined that Coca-Cola had known about the issue and failed to correct it. This amounted, in the jury’s opinion, to negligence.
