Injured - FindLaw Accident, Personal Injury and Tort Law Blog

Injured - The FindLaw Accident, Injury and Tort Law Blog


Whether you call it fake news or conspiracy theory, allegations of imagined crimes can have very real consequences. Take the case of Edgar Welch, a father of two who drove six hours from his home in North Carolina to a Washington, D.C.-area pizza restaurant to investigate unfounded claims that it was involved in a child sex-slave ring led by former presidential candidate Hillary Clinton.

Welch's investigation involved walking into the popular pizzeria with a loaded AR-15 assault rifle and firing it inside the restaurant. Fortunately, he was arrested before anyone was injured, but his actions, and those of others who bought into the "Pizzagate" myth, have many wondering about the legal liability for publishers of fake news.

When large pile-up accidents occur, figuring out who is to blame can sometimes be impossible. Liability depends on how the accident happened, and for every vehicle involved in the accident, there will be a different account of what happened. Frequently, multi-vehicle accidents require accident reconstruction experts to figure out who is to blame.

Nearly all car accidents are the result of negligence, and most multi-car accidents are the result of multiple instances of negligence. At the end of the day, it may be that multiple individuals are liable for damages, or that no one can be held liable.

Jurors in Texas awarded six California plaintiffs $1.041 billion in a lawsuit against Johnson & Johnson and its subsidiary, DePuy Orthopaedic, over defective hip implants. It's another ignominious defeat for J&J, who've been hit with six of the seven largest jury awards this year, according to the American Bar Association.

It's also another in a long line of lawsuit losses for J&J and DePuy over their hip implants, which plaintiffs allege cause tissue death, bone erosion, and other injuries.

If you suffer from chronic pain or fibromyalgia, you may want to seek legal remedies to compensate for your pain. Fortunately, you can sue for the injuries that caused or exacerbated your conditions. However, this may lead to a very heated legal battle, since permanent injures command high settlement or verdict amounts. 

Keep in mind that you may have a hard time winning a legal battle if you already had a chronic pain condition prior to the injury. Claims that a single event caused a chronic condition or fibromyalgia will be closely scrutinized. If causation can be clearly proven with medical evidence, then you may be able to recover damages attributable to the condition.

Schools are entrusted with more than just the education of their students, they are entrusted with the safety of the children they seek to educate. When a student is injured due to a school’s failure to keep the student safe, the student will likely have an injury claim that can be brought against the school.

School injuries can occur for many different reasons. Most injuries tend to be the result of school sponsored sports. However, fights, accidents, and even assaults on school property can result in injuries that a school can be held liable for. Like any other public or private establishment or business, a school has a duty to keep their premises safe. Students that suffer injuries on school property as a result of poor maintenance, or a dangerous condition, like a wet floor, will likely have a premises liability claim.

Attention Deficit Hyperactivity Disorder, better known as ADHD, is a recognized medical condition that has seen a rapid rise in the number of annual diagnoses since the early 1990s. Among the primary symptoms sufferers experience is an inability to maintain focus, or attention, as well as impulsiveness.

Since the rise in the number of diagnosed cases, researchers have turned their attention to how ADHD affects drivers. Shockingly, researchers have found that young drivers who have ADHD are more likely to get in a car accident than drunk driving adults.

Property owners often ask: Am I liable if a child is injured on my property? And, like nearly every question concerning legal liability, the answer is always: it depends. Just because an injury occurred on your property, it doesn’t automatically mean you are liable. However, for property owners, and even renters, if any person is injured on their property due to their negligence, then there is potential for legal liability.

When it comes to children, there is additional exposure to liability if your property contains what is known as an attractive nuisance, or you have agreed to supervise a play date or babysit.

Mesothelioma is a type of cancer that affects the lining of a person’s internal organs, such as the lungs, stomach, and heart. There is no cure for the disease, and most cases are directly related to exposure to asbestos.

According the American Cancer Society, mesothelioma is a rare disease with approximately three thousand cases diagnosed each year. Individuals who become sick, injured, or die, as a result of asbestos exposure, may have a legal claim depending on how the exposure occurred. It can be extraordinarily difficult to assess the legal claim as mesothelioma may develop decades after the asbestos exposure.

Clearly you would not have lent your car out if you knew the person borrowing it was going to get into an accident. And, clearly, you weren't the one behind the wheel. So other than making sure all the damage gets fixed, the wreck really isn't your problem, right?

Not so fast, my friend. There are some circumstances where you could be liable for another person's accident in your car. Here's what you need to know.

Advancements in gynecology and obstetrics mean that women have access to more quality reproductive health than ever before. But that doesn't mean that all doctors are perfect, or that all medical outcomes are what we hoped for.

So can your gynecologist be legally liable for failure to diagnose an issue, or for prescribing the wrong treatment? Are obstetricians responsible for birth injuries? And how do courts draw the line between a bad OB/GYN and a bad result?