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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What Proof Do You Need for a Disability Insurance Claim?

When filing a disability insurance claim, claimants will need to provide proof of their medical conditions.

Depending on your disability insurance policy, the required proof can include things like a doctor's letter and records from the agency that provides the disability benefits.

So here's a rundown of the claim filing process and how to provide proof of disability:

Disability insurance can be your safety net when serious medical problems hit, and it can be devastating to have those insurance claims denied.

If this has happened to you, don't lose hope just yet. After you figure out why your disability claim was denied, you may be able to make corrections and resubmit your claim, or you may have a good case for an appeal.

Here are five common reasons disability insurance claims are denied, and some thoughts on what you may be able to do next:

What Is Disability Insurance? 3 Basic Questions

If you're unable to work because of an injury or a debilitating illness, you may be wondering what disability insurance is and whether you're covered by it.

The answer can depend on many factors including the type of injury you suffered, where the injury occurred, and what type of disability insurance you or your employer may have.

For a general overview of how disability insurance works, here are three frequently asked questions about disability insurance:

A New York jail inmate was found dead in his cell in February, with officials citing malfunctioning equipment as to why he was "basically baked to death."

An autopsy performed on Jerome Murdough, 56, was inconclusive but initial findings indicated to officials that the mentally ill ex-Marine died of extreme dehydration or heat stroke, officials told The Associated Press. Murdough was in a cell that reportedly was overheated to at least 100 degrees.

What recourse do prisoners have for overheated cells?

Carbon Monoxide Poisoning Can Lead to Lawsuits

Carbon monoxide is a colorless and odorless gas that is produced by burning fuel, including coal, wood, charcoal, natural gas, and fuel oil. It can also give rise to lawsuits in certain situations.

Coined a "silent killer," carbon monoxide poisoning is one of the leading causes of accidental poisonings in our country.

Injuries that result from carbon monoxide poisoning can often be blamed on a host of parties, including manufacturers, businesses, builders, and landlords. Here's what you need to know:

Cruise Ship Sickness: Can Passengers Sue?

More than 300 people aboard a Royal Caribbean cruise ship have fallen sick. Although the outbreak of gastrointestinal illness is not life threatening, passengers and crew members have experienced vomiting and diarrhea, according to the Centers for Disease Control.

Currently, the cause of the sickness aboard the Explorer of the Seas is unknown, but the cruise line believes the illnesses are consistent with the highly contagious norovirus, Reuters reports.

With so many passengers sickened by the Royal Caribbean outbreak, could a wave of lawsuits soon follow?

Injured Coach Sues Little Leaguer, 14, for $600K

A California Little Leaguer is being sued by his coach for allegedly striking and tearing the coach's Achilles tendon as the teen ran toward home plate.

Coach Alan Beck claims the 14-year-old player "carelessly" threw off his helmet, hitting the coach's leg and injuring him. He's suing the boy for $500,000 for pain and suffering, along with another $100,000 for lost wages and medical bills, according to UPI.

In a lawsuit against a child, can the Little Leaguer be held liable for his coach's injuries?

In W. Va., 1st Chemical Spill Lawsuits Filed

The first lawsuits have already been filed after a West Virginia chemical spill contaminated the water supply for more than 300,000 people in nine counties.

At least five people were admitted to area hospitals "for symptoms that could have been caused by Thursday's chemical leak into the Elk River," according to The Register-Herald of Beckley, West Virginia. Affected residents are under orders not to use the water from their own taps.

If the proposed class-action lawsuits move forward, the chemical distributor could face a staggering damages award for the incident.

Holiday Decoration Injuries: 15K ER Visits in 2012

A new report on holiday decoration injuries finds that "decking the halls" leads to a seasonal spike in hospital emergency-room visits. And the number of injuries continues to rise.

More than 15,000 festive folks sustained holiday decoration-related injuries requiring ER treatment in 2012, according to new estimates by the U.S. Consumer Product Safety Commission. It's the fourth consecutive year the numbers have increased.

To spread your holiday cheer without suffering an injury, keep these five tips in mind:

5 Things to Consider When Suing a Restaurant

From being a victim of food poisoning to being served "pot sandwiches," "fed up" patrons often wonder when it's appropriate to sue a restaurant.

Here are five questions to ask yourself when considering a lawsuit against a restaurant: