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.

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We ask nursing homes to care for our elderly loved ones specifically to keep them safe from injuries. Due to their age and the possibility of other ailments, nursing home injuries can severely impact an elderly person's health, wellbeing, and future care.

And while it would seem obvious for nursing homes to take special precautions to keep residents and patients from falling, a new study from the Journal of the American Medical Association suggests nursing homes aren't doing enough to prevent falls and that those falls can lead to a significant amount of traumatic facial injuries.

The first part in the legal saga related to the Flint water crisis has settled for close to $100 million. However, that money isn’t going to the residents’ bank accounts. Instead, it’s going toward new plumbing in nearly 20,000 homes, and for continued monitoring, testing, and maintenance. About a third of the money is actually coming from the federal government, with the rest coming from the state.

There is a separate class action being brought on behalf of the residents that have suffered injuries, or other damages, which is currently ongoing. As part of this settlement however, the residents are assured an eventual end to the nightmare. While the settlement allows the city up to three years to complete the work, they may be off the hook for distributing free bottled water as early as this fall.

Many bicyclists ride for the positive health effects -- a good cardio workout, some fresh air, and less pollution. But every now and then, being on the bike, or being knocked off of it, can have some negative health effects as well.

Bicycle accidents are unfortunately fairly common, and many of those accidents result in injuries. Here are a few legal pointers if you're considering a bicycle injury lawsuit.

Over six years from 2007 to 2012, drug distributors sent almost 40 million doses of opioids to retailers in Cabell County, West Virginia. Cabell County has around 96,000 residents. That would mean more than 400 pills for every adult and child in the county.

Now Cabell and another West Virginia county are suing at least ten drug distributors, including McKesson Corp., Cardinal Health, and AmerisourceBergen as well as CVS, Walgreens, Walmart, and other retailers, claiming the companies violated federal drug control laws.

Perhaps that's the point of incarceration, but jails and prisons are not nice places to be. These houses of detention, designed to keep the public safe, don't always keep the inmates safe. From overcrowding and unsafe conditions to violence and prisoner abuse, injuries happen in prison, but are these injuries treated like those on the outside? Do inmates have any legal recourse for injuries or abuse in prison?

Here are some of the biggest questions (and answers) concerning prison injuries, from our archives.

You'd like to think that a hospital would be one of the most clean, sterile environments around, considering it is where so many people go to get treatment for infections. And you'd also think that, of all the clean, sterile places within a hospital, its bedrooms, complete with clean sheets and linens, would be high on the list. But according to recent lawsuits, that wouldn't be the case, at least for a few Pittsburgh-area hospitals.

Two wrongful death lawsuits had already been filed against two University of Pittsburgh Medical Center hospitals, linking five deaths to heavy mold growth found in the hospitals' linens. And now a third lawsuit claims mold outbreak has taken another life.

As the saying goes, "There are three kinds of lies: lies, damned lies, and statistics." But there are times when statistics can be illuminating, if not humorous as well.

For instance, would it surprise you to learn that Floridians lead the nation in head injuries? Or that brawls in the Empire State alone account for ten percent of "medically documented fist fights" in the United States? Each state has its own quirky injury statistics, so here are some numbers on their health insurance claims.

Despite the fact that using recycled and reclaimed materials in building, and renovation, is a rather popular trend, a group of parents in the San Diego Unified School District are anything but excited about the new fields made from recycled tire rubber.

In a lawsuit filed this month by a parents' group called Keep Turf Safe, the San Diego school district is being sued for installing a type of astro-turf known as tire-crumb turf at several schools. The parents allege that the tire-crumb turf is toxic, contains carcinogens, and endangers the health and safety of the school children who play on it.

A crash during the final lap of 2013 race at the Daytona International Speedway sent driver Kyle Larson's car airborne into the catch fence and debris flying into the grandstand. Some of that debris struck Allen Davis in the head, causing a catastrophic, traumatic brain injury.

Davis sued NASCAR and Daytona's parent company, International Speedway Corp., and was seeking NASCAR's investigation report of the accident. But the two parties settled out of court, allowing NASCAR to keep the report under wraps.

While watching the latest fad internet challenge is usually exciting, one new challenge is more concerning than anything else. The salt and ice challenge should just be avoided, as it is dangerous and is practically guaranteed to lead to injury.

Unlike the ALS ice-bucket challenge, which had some rather minor liability concerns, the salt and ice challenge is a legal nightmare. Parents need to read up on this one in order to educate their children on why they should avoid this challenge. In fact, schools and anyone in contact with youngsters should be aware of the dangers of this innocent sounding challenge.