Health Hazards: Injured
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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

Parents of Lead-Poisoned Girl in Flint, Michigan File Lawsuit

The first individual lawsuit for a child plaintiff poisoned by lead in the drinking water in Flint, Michigan has been filed. The child is a 2-year-old girl who went from friendly and responsive to perpetually irritable, according to the Detroit Free Press, and the lead levels in her blood are nearly three times higher than the baseline for toxicity.

Luke Waid, the child's father, announced on Monday with his lawyers that they filed suit against State of Michigan and Flint officials, including Governor Rick Snyder, former Flint Emergency Manager Darnell Earley, and former Flint Mayor Dayne Walling. The plaintiff's lawyers explained that they feared the little girl's claim would be lost in the sea of claims by plaintiffs involved in class actions against the city.

The Zika virus began as a non-deadly mosquito-borne illness that caused only mild symptoms in adults. But with the recent discoveries that it can be transmitted through sexual contact and can cause devastating birth defects if contracted by a pregnant woman, Zika is threatening to turn into a global pandemic.

And where sickness and injury arise, lawsuits are sure to follow. So who could be liable if someone is infected by the Zika virus?

On January 5, Michigan Governor Rick Snyder declared a state of emergency for the city of Flint and the surrounding Genesee County based on the ongoing health and safety concerns surrounding the city’s water supply. Extremely elevated levels of lead have been found in residents’ drinking water and in their blood, causing a number of serious health problems and the possibly contributing to a deadly outbreak of Legionnaires’ disease.

State officials have announced a “thorough, exhaustive and independent” investigation into the crisis, and the first class action lawsuits against the governor and other state and city officials have already been filed. So who can be held liable for contaminated drinking water?

Can Cellphone Radiofrequency Energy Cause Cancer?

When microwaves first came out many people were worried that they would give us cancer. Now many of us carry cell phones and there is concern that injury from radiation is making many sick.

Of course, some dismiss these concerns as absurd. But there is something to the worry — and it’s more than just resistance to change. The National Institute of Health’s (NIH) National Cancer Institute addresses cell phone radiation and the cancer connection.

A blood clot filter can save your life. An inferior vena cava or IVC filter can prevent a blood clot from blocking blood flow to the lung, thus reducing the risk of pulmonary emboli or acute deep vein thrombosis.

But blood clot filters can also be dangerous. An IVC filter left in too long can perforate the vein or detach from the vein and migrate elsewhere, causing unintended blockages or damage. So how long is too long when it comes to leaving in blood clot filters?

We've all had a bout of food poisoning at one point or another, and we usually just call in sick, curl up in bed, and wait for the worst of it to pass. But sometimes, the food contamination may not be limited to just a dish or two, and the health effects may be more severe.

In that case, you may be thinking of filing a lawsuit against the food manufacturer, supplier, or restaurant. And if you do, you should know your rights and responsibilities when filing a food contamination lawsuit.

Prescription drugs can save lives. But they can also be dangerous. Along with the life-saving effects of these drugs, they also come with potentially harmful side effects. And, in some cases, pharmaceutical companies can be liable for injuries from side effects of prescription drugs.

Here’s a quick rundown of the five most dangerous prescription drugs, their medical potential, and their potential side effects:

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.