The evolution of personal injury law has occurred primarily through court decisions, and in treatises written by legal scholars, unlike other areas of law that establish their rules by statutes, such as penal codes in criminal cases.  In fact, many states have attempted to summarize the development of personal injury law in written statutes, but for practical purposes, court decisions remain the primary legal reference in cases arising from an accident or injury. However, in some injury cases, such as automobile accidents in which a state vehicle code section was violated, statutes can be useful in establishing fault for an accident or injury.

Slip and fall injuries can happen anywhere. Most businesses and homeowners carry liability insurance to protect them from slip and fall claims. This would include slip and fall cases that are generally known as premise liability cases.  The owner or possessor of a residence, land, or place of business has the duty to exercise reasonable care for the protection of those individuals who are invited to come upon the premises. This would include those who, as members of the public, come upon the land or enter a store or place of business to shop or do business. In such cases, the owner, company, or person occupying the premises must inspect the premises to discover any dangerous conditions and warn the invitee of dangers upon the premises.

What is Liability?
The term liability generally means that an individual, company or some other entity may be obligated to pay damages or compensation to another. The negligent driver, manufacturer, or seller of a product may be responsible or liable to pay for damages, including pain and suffering and financial losses, if they are caused by their carelessness.

What is strict or absolute liability?
Strict or absolute liability means that the defendant is responsible for injuring another person regardless of negligence or intent. It means that the manufacturer of a product is liable for selling any defective product that is considered "unreasonably dangerous" and results in injury either to the buyer or someone else who uses it. In strict product liability, it is unnecessary to prove that the manufacturer was negligent; all you have to do is show that the product was defective, that it was allowed to be sold, and that the injuries were caused by the defect in the product.

Some instances in which the law might apply strict liability are with regard to product liability, abnormally dangerous or ultra-hazardous activities, and animal owner's liability. For example, a plaintiff may be entitled to compensation after a defective product injures him or her regardless of whether the manufacturer was actually negligent. 

What is Intentional Misconduct?
Intentional misconduct is a deliberate action resulting in an injury to another person or damage to another person's property.  A plaintiff alleging intentional misconduct need not compare the defendant's actions to those of a reasonable person; he or she only must show that the defendant intended his or her actions. In a civil lawsuit in which the plaintiff alleges intentional misconduct, the plaintiff can recover punitive damages in addition to awards for injuries, pain, and suffering.