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

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:

They may seem silly on the surface, but many hot coffee and tea lawsuits are no laughing matter. While it may be tempting to rhetorically wonder what temperature these customers were expecting from their drinks, they certainly weren't expecting the serious burns the boiling beverages can cause.

And most of those previous hot tea injuries didn't result in a loss of life. Sadly, that was the case for Deanna Salas-Solano, whose dog Alexander succumbed to burn injuries from a hot tea she purchased from Starbucks. And now she's suing the coffee company for burns she suffered and the loss of Alexander.

Heatstroke is one of the more common causes for injuries over the summer. It occurs when a person's body temperature rises above 104 degrees due to sun/heat exposure. A person suffering from heatstroke requires immediate medical care. If left untreated, it can damage a person's brain, heart, kidneys, and muscles.

Fortunately, individuals can usually prevent heatstroke by finding ways to cool down before it's too late, such as finding some shade, hydrating, even jumping in a pool, or just taking a shower. However, it is not always possible to prevent heatstroke, and sometimes, another person, or business entity, could even be liable for it.

Below, you'll find three examples of when a person might be able to sue due to a heatstroke injury.

The solar eclipse that crossed the U.S. on August 21, 2017 was more than just a rare event, it was an economic boon for the makers of solar eclipse viewing glasses. But Amazon, which sold millions of pairs of these glasses, is now facing a class action lawsuit as a result of at least two pairs not working.

The injured couple claims that they purchased the glasses off Amazon's marketplace in order to view the eclipse and that they used the glasses as instructed to view the eclipse. After viewing the eclipse using the glasses, they started seeing spots and experiencing pain in their eyes, headaches, blind spots, sensitivity and distortion. Sadly, the warnings about not having the proper eye-protection were not just a ploy to sell the eclipse glasses at incredible mark-ups.

As the opioid crisis spins out of control, people are looking for ways to rein in the epidemic and for ways to hold accountable those responsible. Individuals are suing their doctors for contributing to an opiate addiction, and cities, counties, and states are suing drug manufacturers for creating a flood of opiates.

But can a single person or class of individuals hold a drug company legally responsible for an opioid addiction?

According to the most recent data from Consumer Product Safety Commission, there are around 70 electrocution fatalities every year from consumer products. And while you might think children are the most vulnerable to electrocution, there were twice as many victims who were 40 to 59 years old, compared to the number of victims who were 19 years old and younger.

Electrocutions are also one of the most common workplace injuries, accounting for around 9 percent of all fatal workplace accidents. Electric shock injuries can be scary, and whether you can sue for those injuries may depend on who injured you and where.

"We treat it like a crime scene until we determine there's no foul play," Greeneville Police Detective Captain Tim Davis told the Times Free Press in August 2016. "We don't know at this time what caused the accident." There were no criminal charges filed after three people fell 30 to 45 feet from a Ferris wheel at the Greene County Fair in Tennessee last summer.

But two federal lawsuits have been filed against the ride's operators, Family Attractions Amusement Company, as well as the manufacturer, High-Lite Rides Inc.

Nothing says summer like a water slide. Whether you're rocketing down a chute at a water park or zipping into a backyard swimming pool, there's just something about the sun and spray that spells freedom and fun.

Unfortunately, water slides can also spell danger, and water slide injuries are far too common to ignore. So what happens if you or a loved one is injured on a water slide? That could depend on where that slide is. Here's what you need to know.