personal injury


personal injury
An injury to the body of a person. Smith v Buck, 119 Ohio St 101, 162 NE 382, 61 ALR 1343; Rheudasil v Clower (Tenn) 270 SW2d 345, 46 ALR2d 1083. A personal wrong; an invasion of a personal right; an injury which pertains to the person, the individual. People v Quanstrom, 93 Mich 254, 53 NW 165. As the subject of an action:–an injury to the person, whether the action is based upon contract or tort. 34 Am J Rev ed Lim Ac § 103. Any actionable injury to the individual himself, whether or not it involves physical contact. Bennett v Bennett, 116 NY 584, 23 NE 17. Any injury causing actual physical pain, discomfort, or disability to any person, which occasions loss or damage either to such person or to any other person entitled to the benefit of the services of the injured person. White v Safe Deposit & Trust Co. 140 Md 593, 118 A 77, 24 ALR 482, 485 (alienation of spouse's affections); sometimes inclusive of an injury affecting the reputation, character, conduct, manner, and habits of a person. Tisdale v Eubanks, 180 NC 153, 104 SE 339, 11 ALR 374. As the term is used in venue statutes:–a physical or bodily injury. 56 Am J1st Ven § 15. As the term is used in workmen's compensation acts:–any lesion or change in the structure of the body, causing harm thereto and a lessened facility of its natural and normal use. 58 Am J1st Workm Comp § 194. There are two classes of personal injuries: those that are fatal, and those that are not fatal. The term naturally includes injuries of both classes because no one of either class is not an injury. The obvious and ordinary meaning of the term is all injuries, whether fatal or not. Hendel v State Farm Mut. Auto. Ins. Co. (CA7 Ind) 97 F2d 777. A right of action exists in favor of a child permanently injured through the negligence of another prior to its birth but after it had become a viable child, under a constitutional provision affording a remedy to every "person" for injury done him in his person. Williams v Marion Rapid Transit, 152 Ohio St 114, 87 NE2d 334, 10 ALR2d 1051.

Ballentine's law dictionary. . 1998.

Look at other dictionaries:

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