Injured - The FindLaw Accident, Injury and Tort Law Blog

July 2016 Archives

Pokemon Go Injuries, Crashes, and Legal Tips

You know it’s not a good idea to play Pokemon Go while you drive. But you just can’t help it! The game is so captivating and you feel — unsurprisingly considering the hype about this augmented reality app — that you gotta catch ‘em all.

Since its release, Pokemon Go has already been involved in a lot of accidents, injuries, and even crimes. Police departments have been tweeting at players to pay attention on the road to no avail, and even pedestrians are having trouble staying safe while playing.

How J&J Offered $1.3M to Silence a Talcum Powder Victim

Talcum powder used to seem soft and sweet and clean and was associated with good things, like newborn babies. But today the powder, which has made its way into countless cosmetic and other products, is associated with ovarian cancer.

Now, women all over the country are suing Johnson and Johnson, the premiere talcum powder purveyor, for fraud, negligence, and failure to warn of the risk of ovarian cancer created by use of the stuff. For decades, many have sprinkled it in their underwear, unaware that the product was dangerous. The company, however, did know for some time it seems, and tried to hide this fact.

For many of us, summer time is pool time. Whether that means rolling the tarp off the pool in the backyard and hosting a party or taking the kids to a public pool for the day, we're going to be spending a lot of time in and around the water. And where we spend a lot of time, injuries are bound to happen. So whose fault is it if you're injured at a pool, and are you liable for injuries at yours?

Swimming pools actually occupy a unique place in injury law, and can provide unique challenges for pool owners and those injured at pools. So here are the five biggest questions when it comes to swimming pool injuries, and where you can find the answers:

Theranos Sued for Voided Blood Tests, Plaintiff Seeks Class Action Status

Theranos, the revolutionary blood testing company founded by Stanford dropout and Silicon Valley wonder Elizabeth Holmes, is having a bad year. The company is under investigation for securities fraud, in June its pharmacy chain partner Walgreens broke ties and shut down all of its Theranos blood draw centers, Holmes has been barred from owning or operating a blood lab for the next two years, and lawsuits abound.

The latest claim comes from a patient who says that his faulty Theranos blood draw results contributed to his having a heart attack. The plaintiff, going by RC, seeks class action status for his lawsuit filed in federal court in Arizona.

Social Media Tips for Personal Injury Victims During a Lawsuit

You post it all. You are one of those people who feel compelled to share -- every thought in your head, meal you eat, movie you see, and article you read is documented online. In fact, you announce your activities with such regularity that it never occurs to you to keep some things to yourself at certain times. But you should if you are involved in a personal injury lawsuit. Your status updates and other posts can be used against you in court.

Not all personal injury cases make it in front of a jury. Some are dismissed outright, but the vast majority are settled before the need for a trial. These settlements can happen after negotiation between the parties or through some means of alternative dispute resolution like arbitration or mediation.

Whether an injury case goes to trial or arbitration can have an enormous impact on the outcome, so why do certain claims go to arbitration?

Shark Bite Injury Case Brought Against Drunk Dive Instructor

Sharks are terrifying, which is why so many movies are made about them terrorizing us. But some people won’t be satisfied with the thrill of film and must see these creatures up close, and sometimes those who swim with sharks get hurt.

A federal judge last week denied a motion to dismiss from defendants associated with a maritime tour that takes people to swim with sharks. The plaintiff says she was bitten by a shark when her allegedly drunk dive instructor negligently fed the creature bait that led it to her, and the court is allowing her claim to go forward under federal maritime law.

This is roundup of previous posts in our series on car accident claims. Many of us experience an accident, but do we really know what do to, how to get help, or what our rights are? This series can help.

Every car accident, even the standard fender bender, is unique. And sadly, some accidents are more serious than others. So getting answers to your car accident questions may require more specifics and a conversation with a good car accident attorney.

There are, however, some general principles that apply to most car accident claims. So here are ten of the most common car accident questions from our archives, and where to find the answers.

Who Is Liable for Injury on Private Beaches?

Owning private beachfront property is a dream for many and attainable for only a lucky few. But those who don’t live the dream can still enjoy private beaches.

In fact, many states encourage property owners to allow recreational use of private lands by limiting liability. State statutes vary and the specifics are important, so do check local law before making any assumptions about going to the beach. In the interim, let’s consider some general principles.

Baby Bike Seat and Trailer Injuries

You are a parent and you want to take your kid with you everywhere. Whether you have a little backpack to carry the tyke or a seat mounted on the back of your bike, yours is a mobile and active baby. Now you are considering getting a bike trailer. Should you do it and what kinds of injuries might occur? Let's consider.

When determining whether a specific injury will be covered by workers’ compensation insurance, the deciding factor is whether the injury was work-related. Did it happen while you were working? Or because of the kind of job you were doing? Were you on your way to work or at a work function? Answers to these questions will determine if you can get workers’ comp for your injury.

But does that mean any and all injuries are covered by workers’ compensation insurance? Here are ten injuries that people most often wonder about when it comes to workers’ comp, and how to figure out if you’re covered.

Elevators aren’t even a luxury anymore — they’re a necessity. From ferrying office folk to the top of skyscrapers to making the morning commute possible for people who use wheelchairs, some of us don’t go a day without using an elevator.

And anything used with that much frequency is bound to see its share of accidents. So when can you sue if you’re injured in an elevator? Here’s what you need to know:

New Skyscraper Slide Named in Injury Lawsuit

Have you ever been atop a tall building and been tempted to jump? If so, you are not alone. Now, you can give something a little like that a try and survive if you're visiting Southern California. But you might still get hurt. A skyscraper in Los Angeles boasting the Skyslide -- an attraction made of glass and attached to the outside of the 70th floor of the U.S. Bank Tower, the tallest American building west of Chicago -- is facing its first injury lawsuit.

Businesses that open their doors to the public also open themselves up to lawsuits. The law places a great deal of responsibility on stores, shops, and small business owners to provide a safe environment, as well as safe products, to their customers, and when a business fails to meet that responsibility, it could be liable for any injuries that occur.

Here are three common types of business negligence, and when you can sue:

Medical Malpractice for Doctor's Use of Outdated Medical Equipment

When you go to the doctor or hospital, you probably don't judge the equipment. Unless you work in a field that deals with your particular injury or illness, it is unlikely that you know about the latest innovations in medicine. As such, you may not realize when negligence has occurred.

Medical malpractice can happen for all kinds of reasons, including using old and outdated medical equipment. This kind of negligence is often particularly difficult to uncover because it requires a certain expertise in order to understand how things went wrong and what might have been expected. Given this, we should be aware of the possibility of medical malpractice connected to equipment.

This is another in our series on car accident claims. Many of us experience an accident, but do we really know what do to, how to get help, or what our rights are? This series can help.

It's almost become cliché to complain about back or neck pain after a car accident. But there's a reason it's such a common complaint. Car accidents, even simple fender benders, can be jarring -- there's a lot of weight and force exerted on the human body during a car crash. And while seat belts are designed to keep you secure in the car, they can't keep your spine in perfect alignment during an accident.

So if you've been in a car accident and are feeling neck or back pain, here are three things to do to protect your legal rights:

Elderly Woman in Utah Is First US Zika Virus Victim to Die

An elderly woman in Utah who traveled abroad seems to be the victim of the first Zika virus-related death in the U.S. Her lab results came back positive for Zika after her death, however, and the virus is not thought to be the only cause for the woman’s demise.

Little has been disclosed about this first Zika victim in the US due to health privacy laws, reports Fox News. Officials won’t even release the names of the places where she traveled and may have contracted the virus. The death is shrouded in mystery and it raises questions about Zika liability issues. 

Prescription drugs can save our lives. Whether for diabetes, heart disease, or even schizophrenia or autism, certain medications not only improve our quality of life, but help us live it. But every drug has its intended effects and its unintended side effects, and some of those side effects can be dangerous, even deadly.

If a drug company fails to warn patients or doctors about certain side effects, they could be on the hook for any injuries or death. Here are five pharmaceutical drugs involved in current litigation over dangerous and deadly side effects.

For people with irregular heart rhythm, hypertension, or another valvular heart condition, blood thinners can help prevent dangerous and potentially deadly blood clots. But as with any medication, there are risks of side effects.

One such blood thinner, Xarelto, is a popular treatment for adults undergoing hip and knee replacement surgeries. But some patients have suffered from severe internal bleeding after taking Xarelto, sometimes resulting in death. And the lawsuits against the drug’s manufacturer, Janssen Pharmaceuticals, are starting to pile up. Here’s what you need to know about the current litigation.

Playing Pokemon Go Is Causing Real Injuries

Pokemon Go is already turning some of its players into Pokemon stayers. That is, excited early adopters have already experienced injuries that will be keeping them stuck at home all summer, though the game is touted for its ability to draw reclusive types out of the house.

The augmented reality app game that's played in the real world and on phones has been out for less than a week in the U.S. Already injuries abound, reportedly. In fact, on the very first night it was out, the Washington Post reports, within just 30 minutes of the game's release, there were already people going to emergency rooms to treat injuries caused while trying to "catch 'em all!"

This is another in our series on car accident claims. Many of us experience an accident, but do we really know what do to, how to get help, or what our rights are? This series can help.

According to data released by the National Highway Traffic Safety Administration (NHTSA), an estimated 35,200 people died in car accidents in 2015, a 7.7 percent increase over the previous year. This would also be the deadliest year on the nation's roadways since 2008.

We're told our cars are getting safer all the time, so why were last year's accidents so deadly? One of the reasons might surprise you.

Are Day Care Liability Waivers Enforceable?

You need to work, so you are considering putting your kid in day care. But there’s something a little disconcerting that you see everywhere.

Day care centers all demand that parents sign liability waivers, usually including an indemnity clause saying they are not responsible for children’s injuries while in their care. Should you sign? Does this really mean the caregiver is not liable? What are other parents doing?

This is another in our series on car accident claims. Many of us experience an accident, but do we really know what do to, how to get help, or what our rights are? This series can help.

Any car accident is terrifying -- we realize how powerful and dangerous cars can be, and how fragile our health and safety can be when driving. In some tragic instances, serious car accidents can result in fatalities and we are truly shaken.

Often, the last thing from our mind when a loved one is killed in a car accident is the legal system. But if the deadly accident was someone else's fault, you may be able to recover for medical bills, funeral costs, or pain and suffering. Here are your legal rights following a car accident death.

Exploding E-Cigarette Injury Cases: New Lawsuits Filed

Smokers know that quitting is difficult. Beyond the physical addiction to tobacco, there’s the habit of inhaling deeply and exhaling, a poisonous daily meditation practice reinforced over years. Electronic vaporizers, or e-cigarettes, have replaced tobacco for many smokers who need a hit in their lungs but are trying not to light up.

They have been proven effective in aiding smoking cessation, but e-cigs have risks of their own. Instead of the ticking time bomb that smoking cigarettes offers, vape users face physical explosions from faulty batteries malfunctioning and causing injury. Let’s look at some recently filed e-cig injury lawsuits, reported by Tech Times.

Baseball season is in full swing, and few things beat taking in a ball game on a nice summer day. Whether you’re in the bleachers at your child’s little league game or behind home plate for a major league tilt, though, you need to be on your toes. Foul balls, bats, and even mascots and hot dogs can come at you fast.

Here are seven of the nastiest, and strangest, baseball injuries:

The health risks posed by inferior vena cava (IVC) filters are well-documented, well-known, and, in some cases, well-litigated. The filters, designed to prevent a blood clot from blocking blood flow to your lungs can save your life, but if left in too long, they can perforate the vein or detach from the vein and migrate elsewhere, causing unintended blockages or serious damage.

IVC filter patients have already filed nearly 1,000 lawsuits regarding filter-related injuries, some of which have been consolidated into class action cases. Can you join an IVC filter class action lawsuit? And if so, when is it too late to join?

Prenatal Testing and Liability for Wrongful Birth

Prenatal testing enables parents to make a difficult decision no one would want to face: whether to terminate a pregnancy based on a genetic defect. This testing has helped many parents but it is an imperfect science and the people who perform tests don’t always interpret results properly.

In those cases, parents are faced with an even more difficult situation when a child is born with a debilitating genetic disorder. Beyond the heartache and emotional challenges, having a child with a serious disease or disorder presents practical, financial, and logistical problems. That is why parents sue for negligence in the context of prenatal testing. In addition to assigning responsibility, a lawsuit also enables parents to be awarded damages to pay for lifelong care.

A Philadelphia jury awarded $70 million to a boy who developed breasts after using antipsychotic drug Risperdal. The drug is manufactured by Johnson & Johnson subsidiary Janssen Pharmaceuticals, and the jury found that the companies failed to adequately warn doctors and consumers about the risk of gynecomastia in male patients.

This is the latest in a long line of decisions against Johnson & Johnson and Janssen based on Risperdal injuries, so here’s what you need to know about the drug and the litigation.

This is another in our series on car accident claims. Many of us experience an accident, but do we really know what do to, how to get help, or what our rights are? This series can help.

If you’ve been in a car accident, you should do everything you can to document what happened. But that’s not the whole story. There are a few things you’ll want to take care of first, and many things you’ll need to take care of after.

Here’s what you need to know about taking pictures of your car accident:

Will Tesla Motors Be Liable for First Autopilot Death?

Yesterday Tesla Motors announced the first death associated with one of its cars in Autopilot mode. The accident occurred in Florida in May and was made public by the car's manufacturer only when the National Highway Traffic Safety Administration launched an official investigation of the self-driving car's Autopilot system.

This first self-driving car death raises questions about the safety and future of automated highways at a critical time when authorities are attempting to figure out regulations. Tesla Motors did its best to reassure the public that the incident was not cause for concern, but it is certain that enthusiasm about self-driving cars is at least temporarily tempered. As for liability, Tesla Motors may be sued but not necessarily by the deceased's family.