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

Injuries can happen, and ruin, any vacation. But there something about Spring Break that seems to increase the injury danger.

If you're injured while on Spring Break, you're probably far from home and could use some tips on handling your case. Here are a few that you may want to keep in mind:

The Texas nurse who contracted Ebola from a patient has filed a lawsuit against the hospital where she worked. Nina Pham alleges the hospital's negligence led to her catching the deadly disease and is seeking compensation for continuing physical and emotional effects.

Although some additional claims focus on the invasion of Pham's privacy and fraud on the part of the hospital, there are a few legal lessons to be gleaned from the nurse's injury claims. For example:

Fun workplaces are all the rage, but it turns out they can also be dangerous. Rackspace Hosting, a cloud computing company, installed a two-story slide at its Texas headquarters and is now being sued for the second time over injuries sustained on the slide.

While the first slide-related lawsuit against Rackspace settled in January, the latest was just filed this week.

When we trust the health and well-being of our friends and loved ones to nursing homes, we hope they respect and honor that trust. But if someone you care about is injured at a nursing home, should you file a lawsuit?

Each case is different, and a lawsuit may not always be necessary. Still, if you are considering filing an injury claim against a nursing home, here are a few things to be aware of:

We all make mistakes, and some of those mistakes are more permanent than others. If one of your mistakes involved a bad tattoo or a bad tattoo removal, you may be wondering if you have legal recourse against the tattoo artist, the shop, or the clinic that tried to remove the tattoo.

So here are a few legal considerations if your ink has you irked:

When someone slaps you, you don't have to take it. No no, we don't mean that you go all "Dynasty" on your attacker; you have legal options.

Part of the problem with being a slap victim, though, is that you have to prove that you actually suffered damages. And the hot sting of your cheek may not be enough.

So can you sue someone for slapping you?

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?