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.


Recently in Health Hazards Category

5 Insurance Terms to Know

Insurance is more complicated than it should be. Yet, it pervades all areas of our lives, from health insurance, to car insurance, to home insurance.

To deal with this major part of your life, here are five insurance terms you should know:

Nothing says sunshine and relaxation like a bout of vomiting and diarrhea. Yuck!

More than 200 passengers on two cruise ships, Royal Caribbean's Legend of the Seas and Celebrity's Infinity, have been struck low with norovirus. The CDC is currently investigating the norovirus outbreak and monitoring clean up procedures on the two ships.

If you are one of the poor souls who got sick on a cruise ship, can you sue?

Maybe you don't like needles. Maybe you don't want to spend the last months of your life undergoing chemotherapy.

It's your body, but do you have the right to refuse medical treatment?

If you have ever had food poisoning, you have our sincerest sympathies.

Food poisoning is the result of consuming food contaminated with a bacteria or virus. Symptoms of food poisoning include fever, headache, nausea, diarrhea, and dehydration. Food poisoning can be caused by unclean hands when cooking, undercooked or raw foods, and improper storage which transmit the bacteria and viruses.

Here are three most common types of food poisoning:

Several lawsuits and even an Olympic athlete are alleging that the popular birth control method NuvaRing is dangerous and possibly deadly. The lawsuits claim the ring causes blood clots, which, if they reach the lungs, can cause fatal pulmonary embolisms and cardiac arrest.

These accusations have continued after Merck, NuvaRing's manufacturer, paid $100 million last year to settle numerous lawsuits.

3 Easter Injuries to Avoid

Easter is only a few days away! Are you ready?

Easter is a religious holiday for some people. For the rest of us, Easter means fluffy bunnies and chicks, candy, pretty decorated boiled eggs, and the vicious Easter egg hunt. Although, the Easter festivities aren't all fun and games. They can be fraught with hazards.

Here are three Easter injuries to avoid:

Injuries can happen, and ruin, any vacation. But there something about Spring Break that seems to increase the injury danger.

If you're injured while on Spring Break, you're probably far from home and could use some tips on handling your case. Here are a few that you may want to keep in mind:

The Texas nurse who contracted Ebola from a patient has filed a lawsuit against the hospital where she worked. Nina Pham alleges the hospital's negligence led to her catching the deadly disease and is seeking compensation for continuing physical and emotional effects.

Although some additional claims focus on the invasion of Pham's privacy and fraud on the part of the hospital, there are a few legal lessons to be gleaned from the nurse's injury claims. For example:

Fun workplaces are all the rage, but it turns out they can also be dangerous. Rackspace Hosting, a cloud computing company, installed a two-story slide at its Texas headquarters and is now being sued for the second time over injuries sustained on the slide.

While the first slide-related lawsuit against Rackspace settled in January, the latest was just filed this week.

When we trust the health and well-being of our friends and loved ones to nursing homes, we hope they respect and honor that trust. But if someone you care about is injured at a nursing home, should you file a lawsuit?

Each case is different, and a lawsuit may not always be necessary. Still, if you are considering filing an injury claim against a nursing home, here are a few things to be aware of: