Health Hazards: Injured
Injured - The FindLaw Accident, Injury and Tort Law Blog

Health Hazards

Health Hazards are commonly brought under several theories of tort liability. Asbestos lawsuits are a common example of this, as are toxic mold lawsuits and even food poisoning cases. Essentially, these claims can be brought under theories of strict liability, negligence, breach of warranty or even fraud. If there is a strict liability statute, then the responsible person will be held under very strict scrutiny. Some products liability cases, involving hazardous drugs, fall under this type of scrutiny. Under a negligence theory, the responsible person would have to owe a duty to the injured and will have breached that duty. A breach of warranty duty applies in some states, where the health hazard exists because of faulty workmanship.


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The Fourth of July is a celebration of our nation's independence from colonial rule, and you shouldn't spend it in a hospital waiting room for easily preventable injuries.

The usual culprits of these July holiday injuries are often sources of great joy or entertainment: fireworks, grilled meats, pool parties, lake trips, etc.

So step away from your carefully seasoned marinade and check out these five Fourth of July injuries you can easily prevent:

There are a number of ways to be injured at a bar, not just from drinking. Most action movies would have you believe that bar fights with pool cues and broken bottles break out daily.

Even if your local watering hole is not exactly "Road House," it is still more likely for you to be injured simply by ordering a drink. Bar patrons can sue for injuries caused by being served, and here's how.

Summer is already in full swing, and every year it presents itself with a load of very preventable injuries.

So avoid the summertime sadness (sorry Lana Del Ray), and be prepared for the hurt of these five common summer-related mishaps:

Plaintiffs who sued after a deadly fungal meningitis outbreak have reached a settlement with the Massachusetts pharmacy blamed for the infections.

The New England Compounding Center is accused of distributing steroid injections tainted with deadly fungal meningitis, which was linked to at least 64 deaths in 20 states, reports the Detroit Free Press. NECC has now agreed to set aside $100 million for victims of tainted steroid shots.

What will this settlement mean for fungal meningitis victims and their families?

Transvaginal mesh manufacturer Endo International PLC has agreed to pay approximately $830 million to settle around 20,000 lawsuits stemming from its vaginal-mesh implants.

The proposed settlement would not end all mesh claims against Endo. The Dublin, Ireland-based company still faces more than 23,000 claims not covered by the settlement, reports Bloomberg Businessweek.

What does this Endo settlement mean for future transvaginal mesh cases?

Johnson & Johnson has stopped sales of its fibroid surgery device over concerns that its use may spread undetected cancer.

J&J's power morcellators, which have been used in laparoscopic surgery to remove uterine fibroids, have been suspended from sales worldwide, Reuters reports.

What are these devices, and why would they present a cancer risk?

An avalanche of pelvic mesh suits has prompted the FDA to seek stricter safety rules for makers of the problematic implants.

Pelvic mesh, also known as transvaginal mesh, has been used for more than 15 years to repair patients' pelvic walls in cases of pelvic organ prolapse -- where organs slip through the pelvic wall and into the vagina. This condition can occur in older women and post-pregnancy, and it can lead to "embarrassing bladder leaks," reports The Associated Press.

Do these new FDA rules mean the end of pelvic mesh implants?

Finding a disability lawyer online means looking at a lot of lawyer websites. But with so much on your mind already, it's easy to miss little details about your new potential attorney.

Here are five things not to miss when scoping out a prospective disability attorney's website:

A Texas family has won a $2.96 million fracking-pollution lawsuit that's believed to be the first jury verdict of its kind in the United States.

Robert and Lisa Parr own a ranch near the north Texas town of Decatur, a 40-acre parcel that had allegedly been polluted by Aruba Petroleum Inc.'s nearby fracking and drilling activities, reports the Los Angeles Times. Deleterious health effects forced the Parrs out of their ranch home and into the back of Robert's business office -- 30 miles east.

Will this set a precedent for future fracking-related lawsuits?

What Proof Do You Need for a Disability Insurance Claim?

When filing a disability insurance claim, claimants will need to provide proof of their medical conditions.

Depending on your disability insurance policy, the required proof can include things like a doctor's letter and records from the agency that provides the disability benefits.

So here's a rundown of the claim filing process and how to provide proof of disability: