Injured - The FindLaw Accident, Injury and Tort Law Blog

January 2018 Archives

When Can Sexual Assault Survivors Sue for Defamation?

Being a victim of sexual assault is bad enough, but finally finding the courage to speak up and then being called a liar -- or worse -- by the person who assaulted you, is even worse. There may, however, be a recourse for these types of circumstances. Women who have survived a sexual assault have been turning to defamation lawsuits to fight back against their attackers.

In many instances, this is not only to clear their own name but also because the statute of limitations for filing a civil claim of sexual assault has passed. And while not every attacker who has called his or her victim a liar will win a defamation lawsuit, it's a viable option for sexual assault survivors who think they can prove the elements of defamation.

Oklahoma Oil Companies Can Be Sued for Worker's Death

The family of David Chambers Sr., a truck driver who was fatally burned after being dispatched to an oil well back in 2014, can proceed in their state lawsuit against the Oklahoma oil well operator. That's the unanimous (8-0) ruling from the Oklahoma Supreme Court in Strickland v. Stephens Production Company, a decision that highlights some of the complexities of state workers' compensation laws when it comes to favored (and politically savvy) industries.

If I Get Into a Fight at Work, Can I Still Get Workers' Comp?

It's not common, but workplace fights do happen. Tensions build. Voices are raised. Tempers flare. And, in the extreme, shoves, punches, and piledrivers may get thrown about.

Whether it's started by an argumentative customer upset about their caramel macchiato or two colleagues having a heated debate about something-totally-not-worth-fighting-about, injuries can result. So when you're injured in a fight at work, is workers' compensation still a thing?

How to Prepare for a Consultation With a Car Accident Lawyer

When injured in a car accident, it's common to feel bent out of shape. Your car might be a compressed chunk of metal. You might be sitting in the hospital or at home nursing some nasty injuries. And going to work, school, or about your daily routine? Yeah ... so much for that. 

It's normal to vent (and we certainly encourage you to vent). But, as they say, revenge is a dish best served by your lawyer. So here's some advice for preparing for your initial consultation with a car accident attorney.

Those that ascribe to the "any PR is good PR" mantra might be tempted to tell a model that any use of her image would be a good use. But what about a use that implies she is HIV positive?

That happened to model Avril Nolan after New York's Division of Human Rights ran a full-color, quarter-page ad featuring her face, beside the words "I am positive (+)" and "I have rights," all without her permission. Nolan sued, claiming the ad was defamatory and that the DHR violated state civil rights laws. And a state appeals court agreed, with the defamation part at least.

Sadly, animal attacks and bites occur all too frequently. Sometimes it's a sneaky raccoon slipping in the pet door, sometimes we're bitten by snakes trying to protect our pets, and other times we're bitten by snakes that are our pets. And then there are the times when our pets bite a stranger or even a family member.

Liability in all these instances can vary, depending on the ownership or care of the animal and where the attack happens. Here are three recent legal developments when it comes to animal liability:

As you may have heard by now, journalist Michael Wolf's "Fire and Fury: Inside the Trump White House" has caused quite a stir. The president was not too pleased with the work, and lawyers for Trump and the book's publisher traded some entertaining letters over it. (And, of course, Trump tweeted.)

As they have so often done throughout his business and political career, Trump's lawyers threatened the author and publisher with a defamation lawsuit. What Trump has not-so-often done, however, is follow through on those threats. If he did this time, what legal issues might be in play?

Working in winter weather is never a picnic, especially in the midst of a "bomb cyclone," whatever that is. Still, commerce doesn't take a holiday when it's cold out, and from postmen to presidents, most of us still have to go to work in cold weather.

Here are some of the most common winter work injuries, and what you can do about them:

Perhaps smokers see them as a healthier option to regular tobacco, or maybe they're allowed in more places than your classic Marlboros. But for whatever reason, the use of e-cigarettes, vape pens, and other electronic smoking devices has exploded over the last decade.

And the batteries for those devices have apparently been exploding as well, according to recent lawsuits. Over 120 lawsuits alleging injuries from explosions and fires caused by e-cigarette batteries were filed last year alone. And e-cigarette litigation doesn't show any signs of slowing.