Written by attorneys · grounded in primary & secondary sources — see below
An invasion of any legally protected interest of another. The term encompasses physical harm, property damage, financial loss, and other interferences with recognized rights, each of which may give rise to liability or other legal consequences when caused by actionable conduct.
Sources & Authorities
How it applies
Common Examples
6
Robbery by Threat of Serious Injury
Igor Ito approached Iain Irons on a dark street and demanded his wallet while brandishing a knife and stating he would stab Iain if he resisted. Iain surrendered the wallet without physical struggle. The threat created an immediate risk of serious physical injury sufficient to satisfy the intimidation element.
Initial Disclosure of Injury Damages
Ibrahim Iqbal sued Imperial Motors after a defective brake caused a crash that fractured his leg. In its initial disclosures, Imperial Motors provided a computation of damages that included medical records and expert reports detailing the nature and extent of Ibrahim's leg injury. The documents allowed the plaintiff to evaluate the claimed harm.
Select any source to read its text and confirm it supports the definition.
Cases
Statutes
Federal Rules
Uniform Acts
Model Codes
Subsequent Repair After Product Harm
Isla Ireland was injured when a conveyor belt at Indigo Textiles lacked a guard. After the incident the company installed the guard. When Isla offered evidence of the installation to prove the original design was defective, the court excluded it because the measure would have made the earlier injury less likely.
Robbery by Fear of Bodily Injury
Ivan Ivanov entered a convenience store, pointed a gun at the clerk, and ordered the cash register opened while stating he would shoot if the clerk moved. The clerk complied out of fear of immediate serious bodily injury. The threat satisfied the statutory element even though no shot was fired.
Disclosure to Prevent Financial Injury
Integrity Partners' in-house counsel learned that a client planned to use the firm's prior work product to perpetrate a securities fraud that would cause substantial losses to investors. The lawyer disclosed limited information to authorities to stop the scheme. The disclosure was permitted because the fraud was reasonably certain to result in substantial injury to the financial interests of others.
Agent's Use of Information Injuring Principal
Ike Ingram, a former agent of Interlink Communications, used confidential pricing data acquired during his agency to undercut Interlink's bids on three major contracts. The use of the information allowed Ike to win the work and directly reduced Interlink's revenue. The conduct breached the duty not to employ confidential information to the injury of the principal.
Common questions
Frequently Asked
5
Does injury require physical harm?+
No. Injury denotes the invasion of any legally protected interest, which may include financial loss, property damage, or interference with other recognized rights even without bodily contact.
When must a lawyer disclose client information to prevent injury?+
A lawyer may reveal information to prevent a client from committing a crime or fraud that is reasonably certain to result in substantial injury to the financial interests or property of another when the client has used the lawyer's services in furtherance of the scheme.
How does injury function in robbery at common law?+
The force used must overcome the victim's resistance or the intimidation must create an immediate risk of death or serious physical injury to the victim or a person in the victim's presence. Threats limited to property damage do not suffice unless the threat is to destroy the victim's dwelling.
What evidence of post-injury repairs is admissible?+
Evidence of subsequent remedial measures is inadmissible to prove negligence, culpable conduct, a product defect, or a need for a warning, but may be admitted for other purposes such as impeachment or proving ownership, control, or feasibility of precautionary measures.
What must an agent avoid to prevent injury to the principal?+
An agent must not use or communicate confidential information acquired during the agency in competition with or to the injury of the principal, even if the information does not relate to the transaction in which the agent is then employed and even after the agency ends.
5 U.S. (1 Cranch) 137 (1803)Property
…is a settled principle that every right, when withheld, must have a remedy, and every injury its proper redress. There are some injuries which can only be redressed by a writ of mandamus and others by a writ of prohibition. There must then be a jurisdiction somewhere competent to issue that kind of process; where are we to…