Personal injury lawyers have played a central role in shaping the legal landscape surrounding liability and compensation. Read on to gain more insight into their history.
From McDonald’s customers suing after spilling hot coffee on themselves to Erin Brokovich taking down Pacific Gas & Electric, most people have at least heard about one famous case – however few truly grasp its significance as Donoghue v Stevenson is often overlooked by many people.
During the Industrial Revolution
Pre-industrial times were marked by extremely rare incidences of injuries involving strangers to strangers; most injuries occurred within small communities involving family or close acquaintances, making legal proceedings and compensation costly affairs that often were beyond the means of the average worker.
Industrial Revolution was instrumental in propelling personal injury laws into society’s consciousness. As factories opened and workers were hired, many suffered injuries due to inadequate equipment or no safety regulations, leading to changes in legal framework such as abandoning fellow servant rules and gradually establishing employer liability laws.
At this time, negligence first emerged in English law. Donoghue vs Stevenson marked a pivotal moment in personal injury litigation history by introducing duty of care into courtroom discussions – a principle which remains essential today.
During the 1800s
Laws often have long and intriguing histories, and personal injury law is no different. For instance, early European legal systems had strict criteria for when an injury could qualify as actionable – for instance a car collision required at least one party being at fault before any lawsuit could be filed against them.
However, during the 1800s the legal system started to shift significantly. A key milestone was Donoghue v Stevenson which established negligence as a legal concept.
Additionally, this time period marked the creation of laws regarding injury to mental or emotional well-being and reputation (commonly referred to as “tort law”) as well as rules known as Restatement of Torts that still influence personal injury law today. Furthermore, lawyers began advertising in newspapers; eventually this led to films with Paul Newman playing lawyers like The Verdict.
During the early 20th century
Although being a lawyer often connotes negative connotations and stigmata, law is one of the more tightly regulated professions in our society. Since the early 20th century, personal injury claims began increasing exponentially when lawyers started advertising themselves through newspapers and billboards.
Personal injury law has existed since ancient times, including laws like Hammurabi’s Code of Babylon which contained “eye for an eye” rules and punishes those who harm others with punishments of equal severity. Over time however, legal systems evolved from simple moral codes into more specific and often complex laws.
England’s common law began to evolve into modern-day personal injury legislation during the 1600s when “Res Ipsa Loquitur,” or “the thing speaks for itself,” became common practice. This principle dictated that accidents not occurring frequently must have been caused by someone, thus necessitating compensation being awarded as soon as possible – this principle still stands true today.
Today
Personal injury law offers individuals and companies alike an avenue for seeking damages caused by someone’s negligence, whether physical, psychological or reputational harm occurs. It is one of the broadest fields of legal practice.
Personal injury lawyers have played a vital role in shaping liability and compensation law, particularly fighting for victims’ rights and pushing legal change forward.
The Industrial Revolution caused a marked increase in workplace injuries, prompting workers’ compensation laws to come into being. Furthermore, court cases such as Priestley v Fowler- involving an overloaded van- were among those that established negligence principles during this period of history. Meanwhile, significant developments occurred throughout the early 20th century, such as workers’ compensation acts being introduced and product liability being established (a change still felt today).
