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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As the opioid crisis spins out of control, people are looking for ways to rein in the epidemic and for ways to hold accountable those responsible. Individuals are suing their doctors for contributing to an opiate addiction, and cities, counties, and states are suing drug manufacturers for creating a flood of opiates.

But can a single person or class of individuals hold a drug company legally responsible for an opioid addiction?

According to the most recent data from Consumer Product Safety Commission, there are around 70 electrocution fatalities every year from consumer products. And while you might think children are the most vulnerable to electrocution, there were twice as many victims who were 40 to 59 years old, compared to the number of victims who were 19 years old and younger.

Electrocutions are also one of the most common workplace injuries, accounting for around 9 percent of all fatal workplace accidents. Electric shock injuries can be scary, and whether you can sue for those injuries may depend on who injured you and where.

"We treat it like a crime scene until we determine there's no foul play," Greeneville Police Detective Captain Tim Davis told the Times Free Press in August 2016. "We don't know at this time what caused the accident." There were no criminal charges filed after three people fell 30 to 45 feet from a Ferris wheel at the Greene County Fair in Tennessee last summer.

But two federal lawsuits have been filed against the ride's operators, Family Attractions Amusement Company, as well as the manufacturer, High-Lite Rides Inc.

Nothing says summer like a water slide. Whether you're rocketing down a chute at a water park or zipping into a backyard swimming pool, there's just something about the sun and spray that spells freedom and fun.

Unfortunately, water slides can also spell danger, and water slide injuries are far too common to ignore. So what happens if you or a loved one is injured on a water slide? That could depend on where that slide is. Here's what you need to know.

While chlorine can be considered a household product, and is frequently used in swimming pools and cleaning products, it's dangerous stuff. In fact, chlorine gas is so dangerous, it was used as a chemical weapon during WWI.

Chlorine is responsible for countless injuries every year, some of which are fatal. Though most of the injuries only amount to skin irritations or burns, chlorine gas can result in fatal explosions, and severe respiratory injuries.

On June 15, organizations across the world will be participating in World Elder Abuse Awareness Day. The participating organizations will not only be teaching people what constitutes elder abuse, but will also be teaching the public on how to identify and stop it.

If you can't make it to one of these events, you can still participate in Elder Abuse Awareness Day on your own. Just take some time to educate yourself on the different types of elder abuse, as well as how to stop it, and maybe chat with a few colleagues or peers about the issue, or post on social media, to help raise awareness.

According to the Centers for Disease Control, opioid overdoses claim 91 lives per day in America, and the number of overdose deaths associated with opioids has quadrupled since 1999. Ohio has been hit especially hard. According to a new lawsuit filed by the state's attorney general against five drug manufacturers, opioid-related drug overdoses in Ohio have skyrocketed 642 percent in the last 15 years.

Ohio's is the latest in a long line of local litigation seeking to hold opioid manufacturers responsible for a nationwide crisis.

Asthma is a rather common form of lung disease that results in difficulty breathing, pain, and other symptoms. Left untreated, it can result in death. Asthma attacks kill thousands every year. Fortunately, asthma sufferers are often able to alleviate symptoms by using inhalers and other medications.

In limited circumstances, an asthma misdiagnosis, or failing to provide asthma medication, can lead to legal liability. Some examples of when a person may be able to sue for an asthma-related injury are listed here:

Dentists, like any other medical professional, are held to at least minimum standards of care for their patients. And it is comforting to know that performing a dental extraction on a patient while riding a hoverboard, filming the procedure, and then distributing the film with the quip "new standard of care" in fact falls far below that existing standard.

But that's not the only thing that got one Alaskan dentist in trouble, as he and his office assistant face a litany of felony charges.

In a lawsuit filed last week in the District Court of the Cherokee Nation, located within the state of Oklahoma, the tribe’s attorney general is alleging Walmart, CVS, and Walgreens, along with 3 major prescription drug distributors, have caused great harm to the Cherokee Nation.

The lawsuit claims the defendants failed in their duties to properly monitor the distribution of certain prescription drugs that are considered federal controlled substances, and that the failure to monitor the distribution has led to a drug epidemic. Primarily at issue are the powerful opioid drugs like oxycodone, hydrocodone, and fentanyl.