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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Thanks to human anatomy, your knees tend to be an easy place to bruise when you fall. Also called a patellar contusion by medical professionals, a bruised knee may initially seem like nothing.

But sometimes a bruised knee is the first sign of more serious medical problems following an accident. And regardless of the extent of your knee injury, you may be entitled to compensation.

So when is a bruised knee worth suing over?

Food poisoning is a terrible way to end a meal, and for those who aren't hospitalized after eating tainted food, it may seem like there's no way to legally recover.

Responsibility for serving tainted food isn't erased if the victim doesn't seek medical help, and even if you never visited a hospital, you can potentially collect from food poisoning injuries.

Whether or not the victim goes to the hospital, how can one sue for food poisoning?

McDonald's patron Klaus Geier is suing the fast food giant after an incident in which his OJ allegedly came with an unexpected surprise -- a plastic spear which lodged itself in his throat.

According to TMZ, when Geier tried to extract the foreign object from his mouth, a serrated spear deployed and fired itself into his esophagus. This may sound like a bad horror movie, but to Geier the nightmare is real. After finally wrenching the spear and its casing from his throat, Geier asserts he suffered severe throat injury.

Could this OJ suit be the next McDonald's hot coffee case?

The "Ice Bucket Challenge" is the newest viral stunt to hit the Internet, but despite its altruistic goals, it can potentially do more harm than good.

Viral challenges like this one all have a similar formula: Someone challenges you via social media to perform a stunt, you record video of yourself doing the challenge, and then you challenge three more people to follow suit. As Chicago's WBBM-TV reports, the "Ice Bucket Challenge" involves dumping ice water over your head and donating either $10 or $100 to research for ALS, also known as Lou Gehrig's disease. The ALS Association has garnered more than $9 million in "Ice Bucket Challenge" donations so far.

But can an "Ice Bucket Challenge" lead to a real injury?

The Fourth of July is a celebration of our nation's independence from colonial rule, and you shouldn't spend it in a hospital waiting room for easily preventable injuries.

The usual culprits of these July holiday injuries are often sources of great joy or entertainment: fireworks, grilled meats, pool parties, lake trips, etc.

So step away from your carefully seasoned marinade and check out these five Fourth of July injuries you can easily prevent:

There are a number of ways to be injured at a bar, not just from drinking. Most action movies would have you believe that bar fights with pool cues and broken bottles break out daily.

Even if your local watering hole is not exactly "Road House," it is still more likely for you to be injured simply by ordering a drink. Bar patrons can sue for injuries caused by being served, and here's how.

Summer is already in full swing, and every year it presents itself with a load of very preventable injuries.

So avoid the summertime sadness (sorry Lana Del Ray), and be prepared for the hurt of these five common summer-related mishaps:

Plaintiffs who sued after a deadly fungal meningitis outbreak have reached a settlement with the Massachusetts pharmacy blamed for the infections.

The New England Compounding Center is accused of distributing steroid injections tainted with deadly fungal meningitis, which was linked to at least 64 deaths in 20 states, reports the Detroit Free Press. NECC has now agreed to set aside $100 million for victims of tainted steroid shots.

What will this settlement mean for fungal meningitis victims and their families?

Transvaginal mesh manufacturer Endo International PLC has agreed to pay approximately $830 million to settle around 20,000 lawsuits stemming from its vaginal-mesh implants.

The proposed settlement would not end all mesh claims against Endo. The Dublin, Ireland-based company still faces more than 23,000 claims not covered by the settlement, reports Bloomberg Businessweek.

What does this Endo settlement mean for future transvaginal mesh cases?

Johnson & Johnson has stopped sales of its fibroid surgery device over concerns that its use may spread undetected cancer.

J&J's power morcellators, which have been used in laparoscopic surgery to remove uterine fibroids, have been suspended from sales worldwide, Reuters reports.

What are these devices, and why would they present a cancer risk?