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

We rely on hospitals to make us well. But it doesn't always work out that way. And while hospitals and healthcare settings try their best to remain sterile and clean environments, infections can and do happen in hospitals. A Reuters investigative report found a crisis of MRSA and other drug-resistant staph infection outbreaks in U.S. hospitals, made even worse by lax reporting requirements.

So what happens if you get MRSA in a hospital or health care facility? Do you have any legal options?

When to Sue a Gun Shop

After James Holmes massacred 12 people in a Colorado movie theater in 2012, the Brady Center to Prevent Gun Violence, along with families of some of the victims, sued several online gun shops for supplying Holmes with the ammunition and supplies he used in the shooting. The lawsuit claimed retailers negligently supplied the murderer with tear gas, laser sights, and thousands of rounds of ammunition without ever running a background check.

But the suit didn't end well. After the case was dismissed, the parents of one victim actually owed one ammo dealer $203,000 in legal fees. This leaves many wondering whether you can ever sue a gun shop, and for what.

Over 2.5 Billion People Worldwide Are in the Zika Danger Zone

The Zika virus has been causing quite a stir over the past year, despite having been around since 1947. A scholarly article published last week in The Lancet estimates that there are 2.6 billion people living within the danger zone of the Zika virus.

Until recently, the primary concern with the Zika virus came from pregnant women, as the virus is known to cause microcephaly, severe brain malformations, and other birth defects. A newer concern comes as researchers are discovering a high occurrence of Zika and Guillain-Barre syndrome, a serious condition affecting the peripheral nervous system.

Elderly Woman in Utah Is First US Zika Virus Victim to Die

An elderly woman in Utah who traveled abroad seems to be the victim of the first Zika virus-related death in the U.S. Her lab results came back positive for Zika after her death, however, and the virus is not thought to be the only cause for the woman’s demise.

Little has been disclosed about this first Zika victim in the US due to health privacy laws, reports Fox News. Officials won’t even release the names of the places where she traveled and may have contracted the virus. The death is shrouded in mystery and it raises questions about Zika liability issues. 

Other than a day off, and maybe the barbecue, the best thing about July 4th is the fireworks. While most of us are happy to see a good show, a few amateurs want to wow our friends, family, and anyone within a quarter-mile with our pyrotechnic skill. But the pros are pros for a reason -- normally because they have the experience and safety training (to say nothing of the permits and legal fireworks) to handle munitions-grade incendiary devices without blowing themselves or anyone else up.

So think twice before hosting your own Fourth of July fireworks extravaganza. And, if you need more convincing, here are four of the worst fireworks injuries, from our archives:

For people with type 2 diabetes, Onglyza is a hypoglycemic drug that can help maintain healthy insulin levels. But as with all potentially life-saving medications, there are risks associated with Onglyza use which in themselves can be life threatening. In 2014, the FDA started looking into the link between Onglyza and heart failure, and earlier this year warned that type 2 diabetes medicines like Onglyza “may increase the risk of heart failure, particularly in patients who already have heart or kidney disease.”

Here’s what you need to know about potential side effects of Onglyza, and where to find help if you’ve been injured by your type 2 diabetes medication.

We've written a lot about many dangerous drugs, most of which you can get with a prescription. But the world's deadliest drug might be a home-cooked synthetic drug using over-the-counter pills as its base. Called "krokodil" in Russia, the drug is a DIY version of desomorphine -- a powerful, fast-acting opioid -- users can make at home using codeine, iodine, and red phosphorous.

And if that doesn't sound appealing, wait until we get to the side effects: gangrene, meningitis, and skin damage with tissue sometimes falling off the bone. And yes, death. Here's what you need to know about krokodil:

Olympus, the maker of a medical scope linked with fatal superbug outbreaks, has announced it will recall and attempt to redesign the faulty scope. The company’s duodenoscope incorporated a design flaw making it virtually impossible to properly disinfect between uses, exposing hundreds of patients to the carbapenem-resistant Enterobacteriaceae, or CRE.

Here’s a look at the type of scopes involved, the risk of infection, and what to do if you’ve been injured by an Olympus scope.

The kids are out of school for the summer, and now it’s time to ship them off to a nearby lake so someone else can keep track of them for a few weeks. We kid. You probably love to spend time with the little ones, but recognize the value in getting them out into nature and teaching them to canoe, shoot arrows, and sing campfire songs.

And you also want to make sure they’re safe. Summer camps can be valuable learning experience, and carry their own set of dangers at the same time. Here are some of the most pressing questions, and answers, when it comes to summer camp injuries.

Nothing spoils a nice meal like a bout of food poisoning. And if the contamination is serious enough, the resulting sickness can lead to permanent injury or even death.

So who is liable for food poisoning, and how sick do you have to be before you can sue? Here’s what you need to know about food poisoning lawsuits: