Injured - The FindLaw Accident, Injury and Tort Law Blog

February 2017 Archives

A Pennsylvania widow is suing furniture manufacturer Safavieh as a result of her husband's fatal shower accident. The lawsuit makes various product liability claims and alleges that the manufacturer's ceramic garden stool was defectively designed, that the furniture maker failed to test their product for safe use, and failed to warn consumers of potential dangers.

The lawsuit is seeking damages for wrongful death on behalf of the deceased's estate as a result of the death caused by the defective stool.

For the average person, few necessities are more confusing than health insurance. Even for the lucky few whose employers provide health coverage, just picking the right plan can be mind-numbing. So when those who are shopping on the open market or under the Affordable Care Act for a health insurance plan are told a charity will help them with their insurance premiums, that sounds like a good deal, right? And it sounds especially good for poor patients who need expensive treatments like dialysis.

But what if those charities are just fronts for the dialysis companies, helping those companies overcharge private insurers? What seems like a good deal for patients all of a sudden becomes fraud and artificially inflated stock prices for shareholders, according to two recent lawsuits.

Every winter, when the roads get icy, accidents happen. Cars and ice just don’t mix, especially if you throw a hill into the equation.

However, when the cause of two cars colliding is an icy road, the driver that slides is likely to find out that they can blame it on the ice but they can’t escape liability (financial responsibility). This is due to the way that the legal theory of negligence works, which is the most frequently used legal theory in lawsuits stemming from auto accidents.

How to Prove Landlord Negligence

When an injury occurs, or a financial loss occurs, as a result of a landlord’s negligence, an individual will likely need to be able to prove their case in order to recover. Rarely are injuries or losses so clearly the result of an action or failure to act that the injury or loss itself is evidence enough.

Negligence occurs when one person acts carelessly, or without regard for the consequences of their actions, or if that person fails to act when they should have done something, and their action, or failure to act, causes another person to be injured or suffer a financial loss. The most common negligence cases involve car accidents, as these tend to occur due to one driver’s inattention. However, frequently, when a person is injured on the property of another, the property owner (or controller) can potentially be found negligent under the legal theory of premises liability.

You'd like to think that a hospital would be one of the most clean, sterile environments around, considering it is where so many people go to get treatment for infections. And you'd also think that, of all the clean, sterile places within a hospital, its bedrooms, complete with clean sheets and linens, would be high on the list. But according to recent lawsuits, that wouldn't be the case, at least for a few Pittsburgh-area hospitals.

Two wrongful death lawsuits had already been filed against two University of Pittsburgh Medical Center hospitals, linking five deaths to heavy mold growth found in the hospitals' linens. And now a third lawsuit claims mold outbreak has taken another life.

As technology continues to progress, nearly every industry is discovering new ways that the new technology can improve their processes. Alongside the medical and health industries, employers and companies that handle workers’ compensation claims are embracing mobile, wearable, and smart technologies. Some companies have even created apps and web-portals for employees to process claims through.

When it comes to workers’ comp claims, not only are the advances in technology helping with the claim processing end of things, the advances also have great potential to aid in injury prevention. However, for injured workers, no matter how simple the claim process may be, it is always advisable to contact an experienced, independent workers’ compensation attorney to review your claim.

When a pedestrian or cyclist gets hit by a car, it is a frightening experience. Cars are large, heavy objects that, even at low speeds, can cause severe injuries to individuals.

After a car accident with a pedestrian, it is important for the pedestrian to take a few steps to ensure that they will be able to hold the at-fault driver accountable, similarly to a regular car accident. While it may be impossible for an injured pedestrian to do anything after getting hit by a car, if they are able to do the following, it may greatly improve their legal prospects.

If you've been injured in a car accident, you'll generally need to prove two main elements to win a lawsuit for damages: that the accident was someone else's fault, and that you were injured. Evidence of your physical injuries, as well as the financial costs of medical care and lost wages, will often be the most important details of your case. So what medical evidence will you need for your car accident case?

Here's a look:

In general, we want to encourage people to say, "I'm sorry" if they've made a mistake. It's the decent thing to do and it can promote good will and closer relationships. But in the realm of litigation, admitting to a mistake may mean admitting to millions of dollars worth of civil liability.

In an attempt to strike a balance between decency and legal protections, many states passed so-called apology laws, allowing physicians to express sympathy to patients and families without it being used against them in medical malpractice lawsuits. The idea was that giving doctors and patients a chance to reconcile would reduce the number of lawsuits or the amount at stake in those suits. But that hasn't been the case.

People slip and fall every single day. And while most falls don’t result in anything more than a bruised ego, all too often a serious injury results. Injuries can be especially serious when a person slips and falls down a flight of stairs.

Thanks to gravity, a fall in a stairway can cause a person to tumble some distance. Unfortunately for property owners, stairs can be the source of serious, and costly, premises liability claims due to the fact that the injuries tend to be rather severe.

Michael Trimble should be the kind of success story any employer would be proud to have. Born in Chernobyl, Ukraine, Trimble had his deformed arms removed at birth, yet he got a "temp-to-hire" position in the human resources department at Kroger's Oregon offices. Without hands, Trimble uses his feet for typing and fine motor activities, and quickly became one of the office's star employees.

But instead of championing Trimble's achievements, one supervisor began making odd requests, specifically that Trimble carry his bike, which he used for transportation to and from work, up flights of stairs or push it through a back courtyard. And when Trimble pushed back against such requests, he was fired.

When protesters take to the streets to have their voices heard, drivers that get stuck in traffic often suffer the consequences. While most drivers are simply made late getting to and from where they need to be, drivers that get caught in the thick of a march or protest face a much scarier situation.

In most states, even when protestors are illegally marching in the street, if a driver hits a protester, they could face both civil and potentially criminal legal liability. However, in states like North Dakota and Tennessee, legislatures are trying to pass laws that would provide limited civil and criminal immunity to drivers that injure protesters who are obstructing traffic.

As the saying goes, "There are three kinds of lies: lies, damned lies, and statistics." But there are times when statistics can be illuminating, if not humorous as well.

For instance, would it surprise you to learn that Floridians lead the nation in head injuries? Or that brawls in the Empire State alone account for ten percent of "medically documented fist fights" in the United States? Each state has its own quirky injury statistics, so here are some numbers on their health insurance claims.

When a person is diagnosed as having an illness, a doctor is generally the one who makes that decision. That’s because doctors have been specially trained to make diagnoses, are certified by medical boards, and are more often than not insured against making errors.

A lawsuit filed in Ohio last year against a cognitive clinic shows just how destructive a wrong diagnosis can be — especially for a serious illness like Alzheimer’s. The lawsuit includes 50 plus people who all allege they were misdiagnosed by the clinic. Among the most heart-wrenching tale involves one man who committed suicide after learning of the misdiagnosis, only for his wife to learn that an autopsy revealed no Alzheimer’s disease at all.

Specifically, the case alleges that the clinic’s director, while holding a PhD, was not properly credentialed, nor trained, to make diagnoses, yet he would diagnosis patients, and sometimes whole families, with Alzheimer’s. It is alleged that she abused her husband’s actual real medical licensing to order patient tests. Additionally, she would attempt to persuade patients against medications (which she couldn’t prescribe anyway) and getting second opinions from actual licensed doctors.

News of children, teens, and even adults being sexually assaulted or even raped, by religious leaders is unfortunately something that appears in the news too often. Just last week, a lawsuit was filed in North Carolina alleging that a youth counselor who was attending seminary training abused his authority and attempted to groom a teenage girl for sexual assault.

The lawsuit alleges that the counselor urged the teenager to confide in him, especially when it came to sexual urges, so that they could talk about those urges to supposedly resist them. However, when the counselor was invited into the girl’s family home for Christmas dinner, the situation quickly escalated. After eating, he took the teenager on a drive, where he parked the car at the church, then allegedly raped her. If this wasn’t bad enough, the counselor is alleged to have continued to manipulate the teenager, by telling her that people would turn against her, her reputation would be damaged, and no one would believe her, all so that she would continue to have sex with him.

Despite the fact that using recycled and reclaimed materials in building, and renovation, is a rather popular trend, a group of parents in the San Diego Unified School District are anything but excited about the new fields made from recycled tire rubber.

In a lawsuit filed this month by a parents' group called Keep Turf Safe, the San Diego school district is being sued for installing a type of astro-turf known as tire-crumb turf at several schools. The parents allege that the tire-crumb turf is toxic, contains carcinogens, and endangers the health and safety of the school children who play on it.

A crash during the final lap of 2013 race at the Daytona International Speedway sent driver Kyle Larson's car airborne into the catch fence and debris flying into the grandstand. Some of that debris struck Allen Davis in the head, causing a catastrophic, traumatic brain injury.

Davis sued NASCAR and Daytona's parent company, International Speedway Corp., and was seeking NASCAR's investigation report of the accident. But the two parties settled out of court, allowing NASCAR to keep the report under wraps.

While watching the latest fad internet challenge is usually exciting, one new challenge is more concerning than anything else. The salt and ice challenge should just be avoided, as it is dangerous and is practically guaranteed to lead to injury.

Unlike the ALS ice-bucket challenge, which had some rather minor liability concerns, the salt and ice challenge is a legal nightmare. Parents need to read up on this one in order to educate their children on why they should avoid this challenge. In fact, schools and anyone in contact with youngsters should be aware of the dangers of this innocent sounding challenge.

Snapchat, which achieved notoriety for its disappearing picture messaging app, has pulled off a different kind of vanishing act, but this time in court. The app company was being sued as a result of their speed filter for photos that the plaintiffs alleged encourages unsafe driving. Snapchat managed to have the case against it dismissed recently via a court motion, although the driver that caused the car accident while Snapchat-ing was not so fortunate and remains in the lawsuit.

Snapchat’s speed filter works by overlaying the speed a person is traveling on top of their snap (or photo). In the lawsuit, the injured driver plaintiff alleged that the defendant driver that caused the accident was not only using the Snapchat app at the time of the accident, but was deliberately speeding in order to take pictures using the speed filter showing a high rate speed.

Although Snapchat claims that they warn users not to “snap” and drive, the plaintiffs were seeking to hold the app maker liable, particularly because there have been other dangerous accidents caused by the irresponsible use of this particular filter and Snapchat had been put on notice of the dangers.

Not all prophylactics are created equal. From permanent and temporary implants to the pill, there are plenty of options for female birth control out there, and unfortunately some are safer than others.

Whether making a device or a drug, birth control manufacturers can be liable if their product causes injury. Here are five recent birth control lawsuits, and what you need to know about the products involved.

While most people think of medical malpractice claims only in terms of the clear errors, like amputating the wrong leg, or dropping a junior mint into someone’s body during surgery, it is generally much more nuanced. When a doctor fails to make an appropriate diagnosis, prescribes the wrong medication, or fails to communicate important information, malpractice claims may be possible in these situations as well.

Many people are shocked to learn that doctors and hospitals frequently fail to disclose important information to patients, sometimes intentionally. Sometimes the failure to disclose info relates to mistakes a doctor or hospital made, sometimes it’s about test results, and sometimes doctors are just trying to prevent needless worrying. However, if a patient is harmed or injured as a result of a doctor or hospital’s failure to communicate medical information, such as test results, then they may be liable for malpractice.

Jan Burgess, a Flint, Michigan resident, is the named plaintiff in a class action lawsuit filed against the USA on behalf of over 1,700 residents of city alleging the Environmental Protection Agency failed to protect them from the Flint Water Crisis. Shockingly, the city still suffers from water problems today, but that has not stopped residents from seeking relief for the damages and injuries already suffered. And because they are alleging the EPA failed them, the case is against the United States of America.

The class action is seeking nearly three-quarters of a billion dollars for negligence, failure to warn, as well as a result of failures pursuant to the Safe Water Drinking Act. Emotional and physical injuries are alleged and include lead poisoning, dermatological conditions, loss of hair, as well as other injuries to both adults and children. Further damages include loss of value of real estate and personal property.

Medical malpractice claims tend to be complex legal claims that not only require an attorney have specialized legal knowledge, but which will also likely require the assistance of qualified medical experts. Generally, medical malpractice claim is a type of negligence claim where a plaintiff claims that they suffered an injury as a result of a doctor, hospital, or other medical professional or facility, falling below the usual standard of care for medical treatment.

However, since the medical industry covers a wide range of treatments, facilities, doctors, and patients, there are several types of medical malpractice claims and lawsuits. Additionally, because medical malpractice is governed by state law, laws regarding suing doctors and hospitals will vary from state to state. Below are four of the most frequently brought type of medical malpractice lawsuits and claims against hospitals and doctors.