Injured - The FindLaw Accident, Injury and Tort Law Blog

June 2015 Archives

Many of us get stressed at work. It’s an unavoidable hazard of having a job.

However, some people suffer severe stress resulting in anxiety. Do you have anxiety? Is it affecting your ability to do your job and earn money?

If yes, you may be able to get workers’ compensation for anxiety.

Lawn Mower Injuries: Can You Sue?

Summer is here. Grass is growing. Time to break out the lawn mower — but be careful!

Every year, more people are getting injured by lawn mowers. According to the Consumer Product Safety Commission, 83,291 people were injured by lawn mowers in 2011. Of those people injured, 3,780 were children under the age of 14.

If you’re injured by a lawn mower, can you sue?

What’s worst? Getting a colonoscopy, or getting mocked while you’re passed out for that colonoscopy?

A patient identified only as D.B. successfully sued his anesthesiologist for defamation and medical malpractice after she and other doctors relentlessly mocked him while he was unconscious. By accident, he had recorded the whole conversation, and that recording has now paid off to the tune of $500,000.

Can you really sue a doctor for making fun of you?

Uber is going back to court once again.

The mother of a 13-year-old girl is suing Uber and one of its drivers after the driver was convicted of sexually assaulting the young girl.

After being unable to find parking on the street, you pay to park your car in a garage. Then, you go off and enjoy a wonderful dinner. On your return, you find that your car has been broken into, or, even worse, completely gone.

Is the parking garage responsible for your loss? Can you sue?

Getting hurt on your first day of work is not a great look. You were hoping to make a great first impression, and now your boss might be having second thoughts about her hiring practices.

All future career concerns aside, can you get worker’s compensation benefits, even though you just started your job? How long do you need to be on the job before you’re eligible for workers’ comp?

Most of us know what to do after a car accident: make sure everyone is OK, exchange insurance info, etc. But what if your car isn’t damaged by another car, but by the road itself? If your car is damaged by a road condition or during road repair or construction, can you sue the construction company or the municipality responsible for the road’s maintenance?

From winter potholes to widening interstate highways, let’s take a look at who might be responsible for damage caused by poor road conditions.

On your first day in London, you’re crossing the street to see Buckingham Palace. Bam! You’re hit by a car.

Not only are you in incredible pain, now you have a huge medical bill, and you’re going to miss out on the rest of your trip. What can you do about it?

If you’re injured abroad, can you sue?

Summer is officially here! This means it’s time to clean out the swimming pool, dust off the swimming suits, and dive in!

However, the pleasures of swimming pools are balanced with a host of dangers that could mean a lot of liability for swimming pool owners and injuries for visitors.

So, here is a round-up of our best swimming pool articles to help you prepare for swimming season:

In most cases, a dog can make a house a home. One of the few downsides to owning a dog is the potential for liability if your dog bites a person. 

If you live in a house with dogs, you might be liable for dog bites — even if you don’t personally own the dogs. That’s according to a recent decision in New York where the court ruled that that a dog owner’s housemates could be liable for a victim’s injuries from an attack.

Is that buffet food coming back out the wrong way? Did you slip and fall on the pool deck? Did the swaying of the boat cause a beer bottle to fall from the upper deck onto your head?

If you’re injured while on a cruise, can you sue the cruise line?

What is Informed Consent?

Would you buy a car without knowing anything about the car's specification and capabilities? Would you sign a contract without asking what the contract requires? Would you let a doctor do whatever he likes to your body without explaining anything to you?

Well, you shouldn't and you don't have to. You have a right to decide what is done to you and your body. Because of this right, we have the concept of informed consent.

We see waiver forms all the time: from school sports to the ski slopes to the hotel pool. And normally we sign them without giving them much thought.

But what if it’s a government entity asking you to sign a liability waiver? Can they make the waiver a prerequisite to participation in public services? And if you sign it, have you waived any and all future injury claims?

The official first day of summer is only four days away, but it's already been hot, hot, hot.

For those of you lucky enough to work in a comfortable air conditioned room, be grateful. For people who have to work outside, be careful! Previously, we wrote about getting workers' compensation for skin cancer when you work outside. However, a more immediate danger lurks when the temperature rises, heat stress and heat stroke.

If you get heat stroke while working outdoors, can you get workers' compensation?

Swim at your own risk!

Big sign. Can’t miss it at your hotel pool.

Hotel swimming pools are great when you’re on vacation. It’s relaxing. You get great exercise, and you can show off your pretty bikini. The only thing that may ruin a great day at the hotel’s swimming pool is if you slip and fall; or you drown because you had too much to drink before going in; or you get sucked in by a broken drain and can’t get out of the water.

We know we are being no fun here. But it is an important question: If you’re injured at a swimming pool, is the hotel’s pool liability waiver enforceable?

Trending Personal Injury Questions From FindLaw Answers

You’ve got questions… we’ve got answers. If you have not yet asked or answered a question in FindLaw’s Answers community, what are you waiting for? This amazing free resource supports a dynamic community of legal consumers and attorneys helping each other out. Simple as that.

We see a lot of great questions in our Answers community every day. Here’s a look at some recent questions relating to injuries, accident, and torts from our FindLaw Answers boards:

A fourth-story balcony of a Berkeley, Calif. apartment complex collapsed late last night, killing six young people and critically injuring seven others. The victims, many of whom were from Ireland and working and studying in the country, were celebrating a birthday when the apartment deck collapsed.

Local police, fire officials, and building inspectors are investigating the accident, and a criminal investigation is unlikely at this time.

Need a little target practice? Go to the gun range.

If you have your own gun, the gun range is one of the few places where you'll actually use your gun (outside of hunting season). Even if you don't have one, for less than $100, you can rent a gun, buy ammunition, and shoot at a poor paper target for an hour or two.

It sounds like a fun activity, until you shoot yourself in the foot or blast off your own finger. If you shot yourself at a gun range, can you sue?

Grilling Safety 101

Summertime grilling is one of life's great joys. The sunshine, the charred aroma, the grill marks -- everything tastes better off the grill.

But as with anything fun, it can also be dangerous -- often because you are too busy having fun to be careful. Whether you're tailgating, or in the back yard, here are some tips to keep you safe while grilling out this summer:

According to the U.S. Department of Homeland Security, undocumented immigrants make up 3.5 percent of the United States' population. In California alone, undocumented immigrants make up 10 percent of the workforce.

With so many undocumented immigrants in the workforce, it is inevitable that some will get injured at work. But, can undocumented immigrants get workers' compensation?

Spectators at a baseball game consider themselves lucky if they can catch a foul ball. The really lucky people catch a rare bat soaring into the seats.

Last week, one lady definitely was not lucky when she was hit in the head by a bat. The injured woman, Tonya Carpenter, was sitting in the first few rows at Boston’s Fenway Park watching the game between the Boston Red Sox and Oakland Athletics. A’s player Brett Lawrie broke his bat during the second inning swinging to hit a ball. The bat shard flew into the stands, hitting Carpenter in the head. She was quickly rushed to the hospital with what was thought to be life-threatening injuries. Carpenter has been upgraded to fair condition but remains hospitalized.

Can Carpenter sue for her injury?

Workers’ compensation is meant to compensate you for your lost ability to work. However, once you’re past retirement age, that lost ability to work shouldn’t matter anymore because you’ve retired. What if you’re past retirement age but are still working?

Will you lose your workers’ compensation benefit after retirement age? Can you get workers’ compensation and retirement payments?

Bounce houses seem so fun and innocent.

However, every year, thousands of children get injured in bounce houses. Children could injure limbs and heads when they fall after a bounce. They could jump into or on top of each other. The bounce house could fly away after a heavy gust of wind.

If your child gets injured in a bounce house, can you sue?

Many people think that working outside is healthier than working indoors. Outside, you get fresh air, exercise, and vitamin D. Inside, you spend hours sitting in a chair and staring at a computer screen.

However, working outside for extended hours can have its dangers as well, especially skin cancer. Can you get workers’ compensation for skin cancer?

Every time your child goes on a field trip, participate in a school sport, join a summer camp program, you sign a liability waiver.

Kids can get hurt, and many businesses do not want to take responsibility for your child if he or she gets injured. However, liability waivers are not the perfect shield against lawsuits.

Here are three things you should know about liability waivers:

Trending Disability Insurance Questions From FindLaw Answers

You've got questions ... we've got answers. If you have not yet asked or answered a question in FindLaw's Answers community, what are you waiting for? This amazing free resource supports a dynamic community of legal consumers and attorneys helping each other out. Simple as that.

We see a lot of great questions in our Answers community every day. Here's a look at some recent questions relating to disability insurance from our FindLaw Answers boards:

Nearly 5 million Americans are bitten by dogs each year. According to the Centers for Disease Control and Prevention, more than half of the victims are children.

If a dog bites your child, can you sue?

Your average slip-and-fall case is normally handled quietly by both parties and settled out of court with little fanfare. But your average slip-and-fall case doesn't normally involve a Harvard Law School professor emeritus, zealous civil liberties advocate, and frequent television guest on prominent legal topics. In that case, a lawsuit might not end as quite as quietly.

Alan Dershowitz is suing Boston's TD Garden after a nasty spill in the bathroom during a playoff basketball game in 2012. Dershowitz needed an ambulance ride to the hospital after he stuck around to see his Celtics beat the Miami Heat in Game 3 of their series. But will his slip-and-fall case be a winner?

Summer is here, and many parents will be dropping their kids off at camp for a week or two. Parents trust camps with their children's safety, and a California court has ruled that relationship creates a duty for camps to disclose suspected molestation by camp employees.

The case involved allegations of sexual misconduct by Keith Edward Woodhouse during his time at the Camp on the Hill, a summer camp for first through sixth graders. Despite reports that Woodhouse may have molested a young female camper, the camp never informed the girl's parents. The court found that, because camps sit "in loco parentis," they owe a duty to report suspected abuse to parents.

Airsoft Guns Can Put an Eye Out

Does your child have an airsoft gun? Watch out for eye injuries.

Airsoft guns have risen in popularity in the last few years. As with any gun, airsoft guns potentially could cause injuries, especially eye injuries. In the last two years, eye injuries caused by airsoft guns have risen 500 percent, hurting over 3,000 children in 2012 alone.

Car accidents are scary enough, but an accident with a government vehicle can leave you even more frightened and wondering whether you have any recourse at all. While it’s true that filing an injury claim against the government is a little different than your normal lawsuit, that doesn’t mean you can’t recover for damages or injuries caused by a government vehicle.

Whether it was a park maintenance truck, or even a cop car that hit yours, you may be able to sue. But here are some things to keep in mind if you’re in a car accident with a government vehicle.

Got a migraine? Just take a couple aspirins, and get back to work!

If you’ve ever had a migraine, you’ll know that it can be debilitating. According to the World Health Organization, migraines are one of the most debilitating diseases in the world. Nearly 28 million American may have migraines that affect their ability to work.

So, if you can’t work because of migraines, can you get workers’ compensation for it?