Health Hazards: Injured
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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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Nothing spoils a nice meal like a bout of food poisoning. And if the contamination is serious enough, the resulting sickness can lead to permanent injury or even death.

So who is liable for food poisoning, and how sick do you have to be before you can sue? Here’s what you need to know about food poisoning lawsuits:

Women who are pregnant or trying to get pregnant are warned by The Food and Drug Administration that the oral prescription drug Diflucan (also known as fluconazole), which is used to treat yeast infections, has been linked to increased risk of miscarriages. The warning is based on findings from a Danish study.

But the agency is evaluating the study for now and says the increased risk is only a possibility. It has not reached conclusions.

New Fast Food Harm Found: Can You Sue?

You probably already know by now that fast food is not healthy and that you shouldn’t live off the stuff because even if it doesn’t kill you, it will increase your chances of obesity. But now researchers have discovered another disconcerting angle on this type of food, which is that the preparation process itself seems to have harmful effects on consumers.

So, can you sue McDonald’s? Well, probably not but we’ll get to that momentarily. First, the findings.

If you suffer from a high risk of blood clotting due to surgery or an accident, an inferior vena cava filter or IVC filter can save your life. But in most cases, IVC filters are only supposed to be temporary fixes: the Food and Drug Administration has repeatedly warned of the risks associated with IVC filters and documented hundreds of adverse health events due to leaving IVC filters in long after they are needed.

Some of these injuries have led to lawsuits, so here’s what you need to know about IVC filters and your legal options:

In an unexpected, if not unprecedented, criminal trial, the former CEO of Massey Energy Company Don Blankenship was sentenced to a year in prison on conspiracy charges for violating federal mine safety laws.

As Senator Joe Manchin III, who was the governor of West Virginia when an explosion in a Massey Energy-owned Upper Big Branch mine killed 29 miners in 2010, told The New York Times, “I never heard of anyone thinking that that could happen or would happen, because it had never happened before.”

Americans love sports. Athletics — both playing and watching — is part of our national DNA. And like anything we do so often, we run the risk of getting hurt as an athlete or as a spectator.

But figuring out who’s at fault for sports injuries can be difficult. Here are some big questions surrounding sports injuries and sports injury lawsuits:

We all want our children to be happy and healthy, but sadly some children are born with birth defects or birth injuries. And while some may be genetic or random chance, some birth defects can be caused by medication, the environment, or even a virus. Some birth injuries can be caused my the negligence of doctors, nurses, or other medical personnel.

If a child’s birth defect or injury is the fault of another person or product, parents may consider suing the person or company responsible. Here are some legal tips for birth defects lawsuits:

Drug overdoses can be anything from simple mistakes to suicide attempts and they can have tragic consequences. In some cases those consequences can extend to dealers, friends, or family of the person who overdoses. Some states have begun prosecuting drug dealers with murder if a customer overdoses, and others are bypassing Good Samaritan protections and charging friends who dial 911 for overdosing friends with drug crimes.

And beyond possible criminal charges, could you be sued if you gave someone drugs that led to a deadly overdose? Or if someone overdoses in your house? Here’s a look at civil liability for drug overdoses.

A great restaurant can get your meal just right. And yet, a million things could go wrong. We’re not saying that restaurants are inherently dangerous places, but injuries can happen everywhere and they can happen with great variety in restaurants.

Here are five common injuries sustained in restaurants and whether you can sue for them:

Accidents and injuries don’t just happen at home — sometimes they can ruin a vacation or work trip. And while getting hurt anywhere is scary, getting injured abroad can be even more so when you are unfamiliar with foreign hospitals, medical care, or the law.

So if you’re gearing up for a Spring Break trip or summer vacation, or picked up an injury while on Winter Break or a Christmas vacation abroad, here are five laws you need to know: