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

The battle over religious freedom has gone from arts and crafts stores to marijuana churches, and is now spilling over into religious hospitals: a Redding, California woman was denied a medical procedure based on a hospital's religious affiliation.

Is this even legal? If hospitals can deny certain medical procedures, can they refuse to care for certain patients as well?

All parents want to protect their children and keep them safe. And with the first day of school fast approaching, many parents are wondering how safe their children’s schools are.

While the vast majority of kids will attend public school injury-free, the school environment carries some risk of injury. Here are the biggest concerns:

For school kids, it’s as ubiquitous as pencils, paper, and notebooks. (Wait, do kids even use pencils, paper, and notebooks anymore?) The school liability waiver.

For field trips, sports, and other extracurricular activities, schools say not signing the waiver means your child can’t participate. But do you really have to sign? And what does signing the waiver mean?

Finding the right daycare for our kids can be a nerve-wracking (and possibly expensive) experience. Above all else, we want our children to be safe.

But after hearing horror stories of daycare fires and even daycare fight clubs, how can you know whether a daycare is safe? Here are a few safety concerns to keep in mind:

Navigating the health care system can be a struggle for anyone. Simply getting access to health care may be impossible for some undocumented immigrants. Can undocumented immigrants get Obamacare coverage? Can they be covered by an employer or under a family member’s plan?

The answers to these questions may depend on where you live, so let’s take a look at some aspects of health care access for undocumented immigrants.

Anti-aging treatments are often too good to be true. This seems to be the case with many low testosterone treatments for men.

In recent years, the safety of so-called low-T treatments, including Androgel, has been called into question, and many, many men have filed testosterone therapy lawsuits. So where do these lawsuits stand today, and what do you need to know?

An instructor and an 11-year-old boy were killed in a hang gliding crash near Jean, Nevada last March. A subsequent investigation revealed that the instructor did not have the proper permits to be flying in that location, and his business wasn’t licensed in the counties in which it was operating.

So who regulates hang gliding companies, and who is liable in a hang glider accident?

What if you could no longer listen to your favorite songs or wake up to the bird chirping outside? There are a million reasons we cherish our hearing and it's understandable why we would be upset if our hearing was lost or damaged.

Being upset, however, doesn't always make for a valid legal claim. So when can you sue for hearing damage or loss? That will generally depend on how and where you were injured.

A new lawsuit claims that California's failure to regulate the fracking operations in the state has disproportionately endangered the health of Latino children. Rodrigo Romo has sued Governor Jerry Brown and California's Division of Oil, Gas & Geothermal Resources, seeking to invalidate recent fracking legislation and bar current fracking operations.

Romo's claims center on the proximity of fracking wells to schools -- specifically the school his daughters attend, Sequoia Elementary School, which sits just half a mile from three wells.

In April, Pepsi announced it would remove aspartame from its formula for Diet Pepsi, which led many to wonder if the move was due to health risks associated with the artificial sweetener. But Pepsi also said Diet Pepsi with aspartame would remain available online, and Diet Coke will continue using aspartame.

So, are aspartame and other natural sweeteners dangerous to consumers? Or is Pepsi just bowing to Internet rumors and public (mis)perception?