Injured - The FindLaw Accident, Injury and Tort Law Blog

February 2015 Archives

Fun workplaces are all the rage, but it turns out they can also be dangerous. Rackspace Hosting, a cloud computing company, installed a two-story slide at its Texas headquarters and is now being sued for the second time over injuries sustained on the slide.

While the first slide-related lawsuit against Rackspace settled in January, the latest was just filed this week.

As the use of public transit hits record highs, the chance of buses and trains being involved in an accident also increases. If you’ve been involved in an accident while riding public transportation — like the Metrolink crash that injured dozens of commuters in Oxnard, California, today — you may be wondering if you can get compensation for your injuries.

As it turns out, public transit accidents are treated a little differently from standard fender benders, and those differences can affect your case. Here are a few things that make injury claims involving transit authorities unique:

When we trust the health and well-being of our friends and loved ones to nursing homes, we hope they respect and honor that trust. But if someone you care about is injured at a nursing home, should you file a lawsuit?

Each case is different, and a lawsuit may not always be necessary. Still, if you are considering filing an injury claim against a nursing home, here are a few things to be aware of:

We all make mistakes, and some of those mistakes are more permanent than others. If one of your mistakes involved a bad tattoo or a bad tattoo removal, you may be wondering if you have legal recourse against the tattoo artist, the shop, or the clinic that tried to remove the tattoo.

So here are a few legal considerations if your ink has you irked:

A simple Google search for “snowmobile accident” returns a distressing number of results, many detailing significant injuries or even deaths. With snowmobile sales on the rise and winter weather feeling more extreme, snowmobile accidents statistics may only get grimmer.

It may be easy to assume that snowmobiles would be treated exactly like automobiles and other vehicles when it comes to accidents. In fact, a 2003 study indicates that snowmobiles cause a higher rate of injuries and fatalities than road traffic.

And there are some areas where the law treats snowmobiles, and their drivers, differently. Here’s a general overview of what you need to know:

It feels like arbitration has been coming up in the news more frequently lately, from NFL injury lawsuits to Sirius XM in your new car to Lance Armstrong. It’s possible that you’re subject to an arbitration clause and may not even know it.

So how can these clauses affect a potential injury claim? Here’s a general overview:

We may not realize how often we use buses, from airport shuttles to casino tours to intercity transit. And as you can see from the above links, bus accidents happen and people can be seriously injured in bus crashes.

If you’ve been injured in a bus accident, you may be wondering if you can be compensated for your injuries, and if so, how much. While every accident case is different, some key factors may determine how much you can recover in damages.

This week, Alameda County paid $8.3 million to the family of a man who died while in the county's Santa Rita Jail. The settlement was the largest of its kind, and included Corizon Health, the largest supplier of private health care services to prisons in the country.

In the past, we've noted how difficult it can be for inmates to bring injury lawsuits, and wondered whether an inmate can sue for injuries at all. It's still too early to tell if this recent settlement will make future suits easier, but here are three possible lessons the Alameda case can teach us about inmate injury claims.

If you’ve been injured and had your disability insurance claim denied, you may be wondering what to do next.

Being denied benefits on top of being unable to work may seem like the end of the road, but it may not be. In many cases, there are still options for people who have received a disability claim denial, and you may still be able to receive benefits — it may just take a bit more work.

Here are a few next steps to consider if your private disability insurance claim has been denied:

What Is Strict Liability? How Does It Affect Injury Lawsuits?

In an injury lawsuit, the legal concept of strict liability may make a defendant liable regardless of whether it can be proved that he was at fault for causing the plaintiff’s injuries.

Strict liability is most commonly found in lawsuits involving injuries caused by defective products. In a product liability case, a plaintiff typically asserts one or more legal theories (such as negligence, tortious misrepresentation, or breach of warranty) under which the manufacturer or seller of a product is liable for the plaintiff’s injuries; in addition to these theories, a plaintiff may also claim that a manufacturer should be strictly liable for injuries caused by a defective product.

How does strict liability work in these cases?

Do You Need a Lawyer for Your Car Accident Case?

If you're involved in a car accident, do you need the help of a car accident attorney?

For very minor accidents, filing an insurance claim with your or the other drivers' insurance is often the easiest way to repair damage to your vehicle or to cover medical expenses related to minor injuries. Drivers also have the option of taking a claim for a relatively minor amount to small claims court. But there are other situations in which the assistance of an attorney may be necessary.

When should you consider hiring an attorney to handle your car accident case? Here are a few common scenarios:

GM’s ignition-switch recall compensation fund is no longer accepting claims, as the January 31 deadline has passed. But that doesn’t mean consumers are without recourse if they (or their loved ones) were injured in a recalled vehicle.

As you probably know, GM issued a series of recalls in 2014 after an ignition-switch defect in about 2.6 million vehicles was linked to dozens of injuries and deaths. As federal investigations began, GM set up a victim compensation fund to deal with death and injury claims.

In a regulatory filing released Wednesday, GM disclosed details about the fate of many of those claims, The Detroit News reports. Here’s what consumers need to know:

Injured on Someone Else's Property: Can You Sue?

When you’re injured on someone else’s property, the owner of that property may sometimes be held liable for your damages.

Generally, a legal doctrine known as premises liability makes the owner of property liable for damages caused by conditions on that property. But whether an injured person is able to recover for his or her injuries from a property owner depends on a number of different factors.

What should you know about suing for injuries on another person’s property? Here are a few important considerations:

What's the legal difference between libel and slander?

As you may know, both libel and slander are forms of defamation -- a false statement that harms a person's reputation. To prove either libel or slander in court, a victim also needs to show that the statement was negligently, recklessly, or intentionally "published" (disseminated) to a third party.

However, there are a few legal distinctions between libel and slander, notably regarding how the alleged defamation was disseminated (written or spoken) and whether a victim must prove monetary damages as a result of the false statement. Here's a brief overview: