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

An instructor and an 11-year-old boy were killed in a hang gliding crash near Jean, Nevada last March. A subsequent investigation revealed that the instructor did not have the proper permits to be flying in that location, and his business wasn’t licensed in the counties in which it was operating.

So who regulates hang gliding companies, and who is liable in a hang glider accident?

What if you could no longer listen to your favorite songs or wake up to the bird chirping outside? There are a million reasons we cherish our hearing and it's understandable why we would be upset if our hearing was lost or damaged.

Being upset, however, doesn't always make for a valid legal claim. So when can you sue for hearing damage or loss? That will generally depend on how and where you were injured.

A new lawsuit claims that California's failure to regulate the fracking operations in the state has disproportionately endangered the health of Latino children. Rodrigo Romo has sued Governor Jerry Brown and California's Division of Oil, Gas & Geothermal Resources, seeking to invalidate recent fracking legislation and bar current fracking operations.

Romo's claims center on the proximity of fracking wells to schools -- specifically the school his daughters attend, Sequoia Elementary School, which sits just half a mile from three wells.

In April, Pepsi announced it would remove aspartame from its formula for Diet Pepsi, which led many to wonder if the move was due to health risks associated with the artificial sweetener. But Pepsi also said Diet Pepsi with aspartame would remain available online, and Diet Coke will continue using aspartame.

So, are aspartame and other natural sweeteners dangerous to consumers? Or is Pepsi just bowing to Internet rumors and public (mis)perception?

We all like to have a good time, and for the most part we can tell when a good time will turn into a not-so-good time. But what about when we can’t?

We’d all like to think we know best when it comes to drinking, and we can be responsible for our own buzz. But if we’re too far gone to know when we should stop drinking, is it a bar’s responsibility to cut us off? And if they don’t, can they be held responsible if we get injured?

Tragically, stories of nursing home abuse aren’t as rare as we would like them to be. And in many cases, the abuse occurs for far too long before it is ever discovered.

Anyone with a loved one in a nursing home should be aware of the signs of elder abuse, and know how to spot nursing home abuse early.

The Joneses just got a brand new, backyard swimming pool for the summer. And while you're not worried about keeping up with them, you might be worried about keeping your kids safe.

Accidental drownings in swimming pools occur so frequently, the Consumer Product Safety Commission (CPSC) has an entire site dedicated to pool safety. So are the Joneses responsible for putting a fence around their new pool?

3 Common Nursing Home Injuries

In the United States, the CDC reports that more than 1.4 million adults older than 65 years live in nursing home. This number will rise to about 3 million in 2030.

With so many people turning to nursing homes for care in their old age, it's astonishing to think about how common injuries are in nursing homes. Some injuries may just be incidental to age. However, many injuries are due to neglect, abuse, or dangerous conditions in the nursing homes.

Here are three common nursing home injuries to watch out for:

We normally think of exercise equipment as inherently healthy, but a CEO's recent death has many wondering about the health risks of using treadmills.

Dave Goldberg, CEO of SurveyMonkey and husband of Facebook COO Sheryl Sandberg, died last week after falling and striking his head while using a treadmill. Goldberg's death was a shock to Silicon Valley and a wake-up call to the 50 million Americans who use them that treadmills may be dangerous.

Every state requires all drivers to carry auto insurance. And Obamacare now requires everyone to have health insurance. Facing these laws, many people’s first thought is to get the absolute minimum insurance required, in order to save money.

While this may seem like the most fiscally responsible move in the short term, not having more than the minimum insurance coverage could end up costing you later.