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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Maybe you thought you were being perfectly safe with that turkey fryer. After all, you put it outside, on concrete, and away from any flammable material. And maybe you watched as this seemingly safe setup still went awry, and the flame from the fryer ignited a leak in the hose from the propane tank to the burner. And maybe you thanked your lucky stars and all the smart propane tank designers that you and all your Thanksgiving guests didn’t ignite in a fiery and delicious inferno that day.

Not all of us have had a brush with death on Thanksgiving to make us think twice about our Turkey Day Safety. But luckily, not all of us need that kind of wakeup call. Here’s how to keep you and your family safe this Thanksgiving.

Can I Sue for a Recumbent Bike Accident?

There are all kinds of quirky bikes on the market now. Some are tiny and fold into a bag. Some are strange and look like a cross between a lounge chair and a tricycle. The latter are called recumbent bicycles and this odd mode of transportation is growing more popular.

Recumbent bikes have certain advantages — not far to fall, for one! But there are also dangers for recumbent bike riders that other cyclists do not share. The use of recumbents on the road is relatively new and there is no data on injuries and accidents related to these bikes specifically. But we do know why people start using them … and some reasons to give them up.

Will My Case Go to Trial?

Whether your personal injury claim (or any other case) will go to trial depends on many factors. No one will be able to tell you from the beginning what will happen, and that is true even if you do want to settle the suit.

Sometimes you cannot know until the very last moment that a suit will settle. Being prepared for trial is the only way to ensure that you are prepared for any eventuality and that you can push for the best settlement possible. This is true for all types of cases and whether you are the defendant or plaintiff.

Most expecting mothers experience at least some morning sickness. And some of those turn to anti-nausea medication to get some relief. But that can be a problem when the medication has not been approved by the Food and Drug Administration for use by pregnant women.

One study linked some birth defects to the use of Zofran (also marketed as Zuplenz or its generic ondansetron) during pregnancy, and a new round of lawsuits accuses the drug’s maker, GlaxoSmithKline, of marketing the drug to pregnant women without FDA approval.

We trust our doctors with our lives. But that doesn’t mean that we don’t have rights as patients. While medical professionals can give us expert advice on our health care, we have the ultimate say on our medical decisions.

At times, we have to be our own health care advocates, and it helps to know what our patient rights are and how to assert them. Here are seven ways to protect your patient rights:

Pediatricians Group Says Climate Change Threatens Kids

Climate change uniquely affects children's health and is an increasing threat, according to the American Academy of Pediatrics. The group issued a statement in the journal Pediatrics warning of the dangers of climate change to kids particularly.

"Warming of the planet is unequivocal," the AAP writes, taking those who doubt the environmental shifts exist head on. It began, "There is wide consensus among scientific organizations and climatologists that these broad effects, known as "climate change" are the result of contemporary human activity."

Earlier this week, the World Health Organization announced that unprocessed red meat and processed meats like bacon, ham, and sausage are carcinogenic. The WHO report said that eating just 50 grams of processed meat a day could make you 18 percent more likely to get cancer, specifically colorectal cancer.

While the WHO also said the risk of developing colorectal cancer is relatively low to begin with, what if you do get cancer? Could your meat diet be to blame?

Trick-or-treating, haunted houses, scary costumes, and ghoulish decorations -- there's always a little danger to Halloween. That's what makes the holiday fun. What doesn't make it fun is actual danger, coming from our costumes themselves.

Hopefully you've got your costume all picked out, and, hopefully, you won't find it on our list of the most dangerous Halloween costumes:

Can I Sue for Mirena IUD Complications?

If you had the Mirena intrauterine birth control device implanted and were injured as a result, you may indeed sue. You will be joining a slew of other women across the country who filed complaints against Bayer Healthcare Pharmaceuticals, the company making Mirena.

Thousands of women are suing Bayer in state and federal courts for a range of complications associated with Mirena IUDs. The complaints include claims that the device migrates in women’s reproductive systems, pierces fallopian tubes, causes miscarriages after removal, and leads to infertility.

Most personal injury lawsuits barely make the papers. But these three made the silver screen.

In choosing the biggest injury cases, you could go by the dollar amount of the settlement or the jury verdict. But we decided to go with three that were so big that Hollywood came calling. Here are the three most famous personal injury lawsuits: