Injured - FindLaw Accident, Personal Injury and Tort Law Blog

Injured - The FindLaw Accident, Injury and Tort Law Blog


When we need help treating addiction, drug and alcohol rehabilitation clinics are vital resources to make us well. Unfortunately, rehab doesn't always work. And if you've suffered from substandard care in a rehab facility, you may be wondering if you can sue the facility for negligence or malpractice.

Addiction rehab clinics that fail to provide patients with an adequate standard of care can be sued for negligence and be both directly liable for their own malpractice and vicariously liable for the negligence of their employees. Here is what rehab clinic negligence looks like:

We rely on hospitals to make us well. But it doesn't always work out that way. And while hospitals and healthcare settings try their best to remain sterile and clean environments, infections can and do happen in hospitals. A Reuters investigative report found a crisis of MRSA and other drug-resistant staph infection outbreaks in U.S. hospitals, made even worse by lax reporting requirements.

So what happens if you get MRSA in a hospital or health care facility? Do you have any legal options?

Knowing a man who made threats against your family is being released from custody is a pretty good reason to have a home security system installed. Unfortunately for 64-year-old Michael Martin and 51-year-old Ricky Lee Anderson, the installation did not come soon enough. They were killed by Brandon Willie Martin (Martin's son and Anderson's nephew) in a vicious attack that also claimed the life of 62-year-old Barry Swanson, who, tragically, was at Martin's house installing a home security system at the time.

Now, the victims' children are suing ADT, claiming the home security company and its subcontractor Home Defender Inc. knew the attack was happening and failed to alert authorities. But do security system companies, or anyone else for that matter, have an obligation to report an emergency?

It’s great that there are more people getting more exercise, and easing pollution and traffic by getting on a bicycle rather than in a car. But with more cyclists on the road, there are bound to be more cycling accidents.

With bike laws and some traffic laws, states and cities are trying to protect bicyclists on the road. But does that include absolving them from responsibility in collisions? Are traffic accidents always the car’s fault or can bicyclists be held liable? Here’s a look.

There are an estimated 100 billion nerve cells throughout the human body. And with so many nerves, the potential for nerve damage is present in just about any surgical procedure, including plastic surgery.

While plastic surgery can create numbness and/or tingling afterwards and most patients experience some difference in sensitivity following surgery, what about more serious cases where pain or numbness seems never ending? If you suffered permanent nerve damage following plastic surgery, can you sue?

The good: Risperidone, an antipsychotic marketed as Risperdal, can treat schizophrenia and bipolar disorder, and reduce irritability and aggressive behavior in autistic children. The bad: studies of autistic boys prescribed Risperdal showed they can suffer from breast enlargement and diminished sexual functioning because of the drug. The ugly: Johnson & Johnson and its subsidiary Janssen Pharmaceuticals may have known about the risk and failed to warn doctors and patients.

A slew of recent lawsuits have been filed regarding the side effects of Risperdal -- here's what you need to know.

After juries ordered Johnson & Johnson to pay $72 million and $55 million in two separate talcum powder-related lawsuits, the American Bar Association reported that the firm representing those women got almost 26,000 calls concerning the link between talc use and ovarian cancer. Not only that, but there are currently thousands of plaintiffs currently suing the company and its talc supplier in state courts from Missouri to Florida.

Tragically, ovarian cancer can be fatal. So how do you know whether you can sue for wrongful death if you think a loved one's cancer was caused by baby powder use? And how do you know if Johnson & Johnson is responsible?

Trinity College Students Injured in Double Balcony Collapse During Party

Next to the dance floor and bar, one of the usual favorite places for party people to hang out is the balcony. This past Saturday, at just after 11:00 p.m., 31 party goers at an off-campus party at Trinity College in Hartford, Connecticut fell victim to a double balcony collapse.

NBC News reports that a third floor balcony collapsed, landing on the second-floor balcony, which then also collapsed onto the first floor. Luckily there were no major injuries or loss of life during this double balcony collapse.

More Taxotere Cases Filed: Permanent Hair Loss Caused by Cancer Drug

Recently, lawsuits have been brought against the chemotherapy drug Taxotere, generically known as docetaxel. The manufacturer is being sued by cancer survivors for permanent hair loss. While the manufacturer has now updated the listed, known side effects, for all too many survivors, the update came too late. What makes these cases so compelling is that Sanofi-Aventis was aware of the risk of permanent hair loss, yet did not warn potential users of this risk.

While it is common knowledge that cancer patients undergoing chemotherapy will lose their hair, the expectation is that the hair loss is temporary. Taxotere users had that expectation because they were never warned about this side effect until the FDA forced a change to the label.

When to Sue a Gun Shop

After James Holmes massacred 12 people in a Colorado movie theater in 2012, the Brady Center to Prevent Gun Violence, along with families of some of the victims, sued several online gun shops for supplying Holmes with the ammunition and supplies he used in the shooting. The lawsuit claimed retailers negligently supplied the murderer with tear gas, laser sights, and thousands of rounds of ammunition without ever running a background check.

But the suit didn't end well. After the case was dismissed, the parents of one victim actually owed one ammo dealer $203,000 in legal fees. This leaves many wondering whether you can ever sue a gun shop, and for what.