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.

Recently in Health Hazards Category

You'd like to think that a hospital would be one of the most clean, sterile environments around, considering it is where so many people go to get treatment for infections. And you'd also think that, of all the clean, sterile places within a hospital, its bedrooms, complete with clean sheets and linens, would be high on the list. But according to recent lawsuits, that wouldn't be the case, at least for a few Pittsburgh-area hospitals.

Two wrongful death lawsuits had already been filed against two University of Pittsburgh Medical Center hospitals, linking five deaths to heavy mold growth found in the hospitals' linens. And now a third lawsuit claims mold outbreak has taken another life.

As the saying goes, "There are three kinds of lies: lies, damned lies, and statistics." But there are times when statistics can be illuminating, if not humorous as well.

For instance, would it surprise you to learn that Floridians lead the nation in head injuries? Or that brawls in the Empire State alone account for ten percent of "medically documented fist fights" in the United States? Each state has its own quirky injury statistics, so here are some numbers on their health insurance claims.

Despite the fact that using recycled and reclaimed materials in building, and renovation, is a rather popular trend, a group of parents in the San Diego Unified School District are anything but excited about the new fields made from recycled tire rubber.

In a lawsuit filed this month by a parents' group called Keep Turf Safe, the San Diego school district is being sued for installing a type of astro-turf known as tire-crumb turf at several schools. The parents allege that the tire-crumb turf is toxic, contains carcinogens, and endangers the health and safety of the school children who play on it.

A crash during the final lap of 2013 race at the Daytona International Speedway sent driver Kyle Larson's car airborne into the catch fence and debris flying into the grandstand. Some of that debris struck Allen Davis in the head, causing a catastrophic, traumatic brain injury.

Davis sued NASCAR and Daytona's parent company, International Speedway Corp., and was seeking NASCAR's investigation report of the accident. But the two parties settled out of court, allowing NASCAR to keep the report under wraps.

While watching the latest fad internet challenge is usually exciting, one new challenge is more concerning than anything else. The salt and ice challenge should just be avoided, as it is dangerous and is practically guaranteed to lead to injury.

Unlike the ALS ice-bucket challenge, which had some rather minor liability concerns, the salt and ice challenge is a legal nightmare. Parents need to read up on this one in order to educate their children on why they should avoid this challenge. In fact, schools and anyone in contact with youngsters should be aware of the dangers of this innocent sounding challenge.

Jan Burgess, a Flint, Michigan resident, is the named plaintiff in a class action lawsuit filed against the USA on behalf of over 1,700 residents of city alleging the Environmental Protection Agency failed to protect them from the Flint Water Crisis. Shockingly, the city still suffers from water problems today, but that has not stopped residents from seeking relief for the damages and injuries already suffered. And because they are alleging the EPA failed them, the case is against the United States of America.

The class action is seeking nearly three-quarters of a billion dollars for negligence, failure to warn, as well as a result of failures pursuant to the Safe Water Drinking Act. Emotional and physical injuries are alleged and include lead poisoning, dermatological conditions, loss of hair, as well as other injuries to both adults and children. Further damages include loss of value of real estate and personal property.

Signs of Daycare Abuse

Most of us would rather not need to work when our children are young, so instead we could spend that time raising and caring for our kids. Unfortunately, a lot of parents don't have that option, and instead entrust their children's health and wellbeing to daycare providers. And sadly, that trust is sometimes violated.

While the vast majority of daycare providers do excellent work caring for children, there are exceptions. Here's what you need to know about keeping your children safe when they're not at home.

It's pretty much the last thing you'd want to hear: you have herpes. But how? What happened? When? And, most importantly, who gave it to you?

According to the Centers for Disease Control, around one in six people between the ages of 14 and 49 have genital herpes, most of whom have no outwards symptoms of the disease. So did the person you contracted herpes from even know they were infected? And could that matter in a lawsuit?

Two recent mass toxic injury settlements out of Montana are a stark reminder of the dangers of exposure to asbestos dust. The $24 million is the result of two distinct settlements and resolves asbestos related injury and illness claims for over 1,000 individuals.

Asbestos is a mineral that, despite the dangers, is mined and used in all sorts of products ranging from consumer goods to industrial construction materials. Products containing asbestos include automotive brakes and home and commercial insulation and fireproofing. Exposure to asbestos dust can lead to fatal illnesses including asbestosis, mesothelioma, and cancer.

According to a scathing Reuters investigation, tens of thousands of infection-related deaths are going unrecorded or uncounted, sometimes due to poor state and federal tracking programs and other times in an effort to mask the true cause of death. One mother was told her newborn died because of sepsis due to prematurity, when in fact her son was the fourth infant in the hospital's neonatal ward to contract methicillin-resistant Staphylococcus aureus, otherwise known as MRSA.

And one New Jersey nurse claims she was fired in retaliation for revealing hospital deficiencies in dealing with a staph infection outbreak its own infant intensive care unit. As superbug outbreaks become more and more common, what are hospitals' medical obligations to prevent and respond to such outbreaks, and what rights do hospital employees have?