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

We rely on pharmaceutical drug companies to make safe products to keep or make us healthy. But all drugs come with side effects, so we also rely on those companies to warn us about those effects, and on doctors to only prescribe drugs in a safe manner. And, as the past year has proven, that doesn't always happen and the results can be disastrous.

Here are the major drug lawsuits from 2017:

The fires that ravaging Northern California were barely snuffed out when Southern California was set ablaze last week. Wildfires in Los Angeles, Ventura, and San Diego Counties have burned over 150,000 acres, along with countless homes, and President Trump just approved a California disaster declaration and put the Department of Homeland Security and the Federal Emergency Management Agency in charge of disaster relief efforts in the state.

But what are homeowners left to do if their homes have been damaged by the wildfires? Here's a look.

Drones; when they're not helping us break out of prison or roasting our Thanksgiving turkeys with a flamethrower, they're falling on our heads. Lucky for us, mega-retailer Amazon has come up with a solution to falling drones: exploding drones.

Yes, in anticipation of the company rolling out delivery drones to your rooftop like Isaac Asimov's version of Santa Claus, Amazon has been granted a patent on technology that will allow its drones to self-destruct in mid-air in an effort to preserve life on the ground. So, like Santa, the drone will disappear, leaving your presents falling blissfully to the earth.

After the appalling accusations levied at elder care facilities in Florida and California in the face of natural disasters, people are justifiably a little more worried about how their elder relatives are being cared for. What constitutes elder abuse? How do we know when it's happening? And how can we deal with elder or nursing home abuse when it happens?

Here are three legal tips when it comes to identifying and responding to elder abuse, from our archives:

The crowds; the anticipation; the joy; and the pain. There really is nothing like the exhilaration and hysteria of Black Friday. One day every year, American shoppers lose their collective minds in an effort to save a few bucks on Christmas presents. But the damage and injuries sustained on Black Friday can last years or even lifetimes.

So here are the five most common Black Friday injuries, how to avoid them, and what to do if you can't:

For more than two months, a smoldering fire in wood pellet silos engulfed the South Texas town of Port Arthur. According to a new lawsuit filed by residents of a nearby neighborhood, the conditions during those two months were dire: "The smoke filled plaintiffs' homes. The smoke saturated not only the homes, but also their cars, clothing and other personal belongings. Plaintiffs could not sleep due to smoke and its smell entering their bedrooms."

The suit claims German Pellets Texas was negligent in both preventing and putting out the fire at its plant, and that smoke from the fire has caused serious health problems for residents.

The things that make Halloween fun are the same things that make it frightening: out at night, among scary costumes and spooky decorations. We certainly want to be a little scared on Halloween, and it can be a fine line between scary and safe.

So here are three ways to keep the frightening fun this Halloween, keep the scary stuff safe, and avoid injuries that can ruin a good All Hallows' Eve.

By now we were pretty aware of the effect Flint, Michigan's lead-tainted water had on the city's living residents. But what about those yet to be born?

Just last month, researchers found that, following Flint's switch to the Flint River as its water source and altered its water treatment program, fertility rates in the city decreased by 12 percent, fetal death rates increased by 58 percent, and overall health at birth decreased. The question now becomes whether this "horrifyingly large" increase in fetal deaths will lead to more legal liability on the part of the city.

This summer was the third-hottest on record, and while cooler temperatures may be in the forecast, not all have escaped the heat unscathed. From simple sunburns to more serious and possibly fatal heatstroke injuries, the scorching temperatures left their mark this summer. But if you were injured in the summer heat, do you have a legal case?

Here are a few recent heat-related lawsuits, and who can be liable for heat-related injuries and illnesses.

Hurricane Harvey caused catastrophic flooding in Houston last month. This month, it was Hurricane Irma inundating Florida. With two more storms, Jose and Maria, setting their sights on the northeast coast and Caribbean, respectively, the physical and financial injuries from flooding and flood damage will only intensify, leaving many to wonder what kind of recourse they have.

Here are some of the biggest legal questions and issues concerning flood injuries, and where to find the answers, from our archives: