Injured - The FindLaw Accident, Injury and Tort Law Blog


A new lawsuit against neo-Nazis, white supremacists, and white nationalist groups in the wake of violence in Charlottesville, Virginia claims the antagonists brought "semi-automatic weapons, pistols, mace, rods, armor, shields, and torches" to the city, with "the purpose of inciting violence and instilling fear within the community of Charlottesville and beyond."

The suit, filed on behalf of 11 people injured during the August clashes, charge 26 individuals and groups with negligence, conspiracy, harassment, infliction of emotional distress, and assault along with violations of the Ku Klux Klan Act and the Civil Rights Act. Here's a look:

If there is anything positive to be taken from the horrific Harvey Weinstein revelations, it's that more victims of rape, sexual assault, and sexual harassment -- both male and female -- are coming forward with their stories. And as more stories are told, more lawsuits will follow.

And that will leave many people wondering whether you can sue for sexual assault or harassment, and who, other than the perpetrator, might be responsible. Here's a look:

The fact that an Indiana couple found hidden cameras in their Florida Airbnb rental, and that local law enforcement believes dozens of renters at the same location may have been illegally captured on video going back years, is distressing. But it's not new. Airbnb was sued two years ago after a German woman discovered a hidden camera in her California rental.

Clearly the owners of the rentals are violating criminal statutes and could be civilly liable for the secret surveillance, but what about Airbnb itself? Can the company be sued if guests are filmed without their permission?

Lawsuits seem to follow any tragedy. And when the person most directly responsible for the tragedy is no longer alive -- as is the case in so many mass shootings -- victims look for someone to hold legally accountable. Schools and movie theaters have been targeted with lawsuits after shootings before, so it's only natural to wonder whether the hotel from which Stephen Paddock killed 58 and wounded almost 500 more, the Mandalay Bay Resort and Casino, could be liable for the mass shooting in Las Vegas.

Here's a look at the hotel's potential legal liability following the shooting.

Hospitals, and the medical professionals they employ, are supposed to be the places and people we can turn to for care, cure, and comfort. Sadly, in doesn't always work out that way. Hospitals can make mistakes and their employees can abuse their power to take advantage of vulnerable patients.

That's what happened according to one woman's lawsuit against Baptist Memorial Hospital in Oxford, Mississippi. A Jane Doe claims a paramedic sexually assaulted her in the back of an ambulance while she was suffering from a drug overdose and being transported to the hospital.

Aschea Austin, according to her civil complaint, visited the drive-thru South State Road Dunkin' Donuts in Margate, Florida in December 2015, four months pregnant at the time. Unhappy with her order, Austin admittedly "became a participant in a verbal, then physical altercation with Xiomara Henry," a Dunkin' employee.

One month later, Austin went to the hospital complaining of a fever, nausea, and vomiting. She later miscarried in the hospital, and is now suing the doughnut chain, claiming it and the employee are liable for the miscarriage.

One of the most tragic stories emerging from the wake of Hurricane Irma was the death of 11 residents at a single nursing home in Hollywood, Florida. The Rehabilitation Center at Hollywood Hills lost its air conditioning during the storm, and allegedly didn't contact 911 until two days later. Eight of the facility's patients died the next day, many from respiratory or cardiac distress, some of whom arrived at hospitals with body temperatures of 109.9, 108.5, 108.3, and 107.

There are now a multitude of lawsuits being filed against the nursing home, claiming administrators and staff were negligent in their care of residents.

Amari Broughton-Fleming had a difficult entry into the world. Doctors induced his delivery, then found his shoulder was trapped behind his mother's pelvis. A doctor was able to dislodge the arm, tugging on Amari's head in a swift downward motion, and he was born healthy at 8 pounds, 13 ounces.

Except for his right arm. It was paralyzed at birth and a pediatric neurologist diagnosed permanent nerve damage in Amari's shoulder, nerve damage his mother's lawsuit claimed was due to the doctor's negligence. And a jury in New Castle County, Delaware agreed, awarding her $3 million in damages.

The plan seemed so simple: refer patients to friendly pharmacies to fill prescriptions they don't need, then get a nice little kickback from pharmacy owners. Maybe throw some extra pain pill prescriptions to patients without ever seeing them, and bill Medicare for some never-performed medical services. Easy money, right?

Well easy come, easy go, as they say, and now Dr. Roberto A. Fernandez will be paying $4.8 million in restitution and serving 97 months in prison after pleading guilty to one count of conspiracy to commit health care fraud and wire fraud.

By now we were pretty aware of the effect Flint, Michigan's lead-tainted water had on the city's living residents. But what about those yet to be born?

Just last month, researchers found that, following Flint's switch to the Flint River as its water source and altered its water treatment program, fertility rates in the city decreased by 12 percent, fetal death rates increased by 58 percent, and overall health at birth decreased. The question now becomes whether this "horrifyingly large" increase in fetal deaths will lead to more legal liability on the part of the city.