Injured - The FindLaw Accident, Injury and Tort Law Blog


There is a certain standard of care that surgeons owe their patients -- that their level of skill, expertise, and care is the same possessed and practiced by physicians in the same or similar community, and under similar circumstances. While this standard was once geographically relative, the same standard applies to all doctors practicing the same medicine nationwide.

So weight loss surgeons in Manhattan, Kansas are held to the same standard as those in Manhattan, New York. (Whether those in Tijuana, Mexico will be called to account in American courts remains to be seen.) As with any surgical procedure, gastric bypasses, lap-band procedures, and other weight loss surgeries can be risky. But if something goes wrong, when can you sue the surgeon or clinic for damages?

Family Sues Resort Pool for Wrongful Death Drowning

There's a special pang of anxiety that the sight of a pool causes in the hearts of parents with small children. And with good reason, since there are countless stories of children drowning or being severely injured around them. One Ohio family experienced this nightmare last year when their four-year-old little girl drowned at a South Carolina resort. Now, the family is suing the resort pool for wrongful death.

Alex Jones doesn't get a whole lot of things right, especially when it comes to school shootings. Earlier this month, Jones and his InfoWars website were sued for defamation after misidentifying an innocent teenager from Massachusetts as the Parkland, Florida shooter.

This week, Jones has been sued by families of victims from another school shooting about which the conspiracy peddler has theories. Parents of two children slain in the Sandy Hook Elementary School shooting in Connecticut in 2012 filed separate defamation lawsuits against Jones, claiming his insistence that the shooting was staged and the parents are actors has tormented them for years.

Does Insurance Cover Drone Injuries?

A few years ago, we only heard about drones in reference to the military and the role they were playing in Afghanistan. Now, it seems like there's at least one at every major beach, on kids' Christmas lists, and on sale at Walmart. Even Amazon is working on a drone-delivery system for its packages.

But it's all fun and games until someone gets hurt. And drones can cause very real injuries. So, what do you do if your drone injures someone, or you're hurt by someone else's toy? Will insurance cover those drone injuries, or will you be paying out of pocket?

When Can You Sue a Workers' Comp Doctor?

Dealing with an on-the-job injury can be a huge hassle. There's paperwork, doctor appointments, more paperwork, long-term financial uncertainty, and often ... even paperwork. So, it's that much more painful when you feel like the workers' comp doctor makes your injury worse, rather than better. In that instance, you may be wondering when you can sue a workers' comp doctor. The answer? It depends.

There are normal injuries sustained from everyday activities like fender benders or slip-and-falls. And there are catastrophic injuries from asphalt melters that fall on your head. Brian Goodrich of Oxford, Massachusetts sustained the latter, suffering permanent disfigurement to his face and skull, permanent blindness in one eye, and loss of "even remedial cognitive function."

And last week a jury awarded Goodrich and his family $8.25 million, determining that the melter's designers were more than 50 percent at fault for the accident.

When to Sue for Defamation of Character

With all this talk about snowflakes, freedom of speech, hate speech, etc. it can be difficult to know what you can and can't say, and what your rights are when it comes to what others say about you. These days, it seems like a mere mention of the weather will offend somebody. But when does offense cross over into defamation? When are someone's words so injurious to your reputation that you can sue them for it? While it varies somewhat from state to state, there are some helpful guidelines for knowing when to sue someone for defamation of character.

New Jersey Couple Gets $37 Million in Talcum Powder Cancer Lawsuit

You don't have to search too hard to find some clickbait article about everyday household products that are slowly killing you. But what happens when you legitimately believe that one of those products has caused you a great deal of harm? One New Jersey couple took the makers of talcum powder to court, claiming the product gave the husband cancer. Now, thanks to that lawsuit, they've been awarded a total of $37 million.

A class action lawsuit filed in Maricopa County, Arizona claims a surgeon in Tijuana, Mexico used "high-pressure sales tactics" and at least one U.S.-based recruiter to lure clients south of the border, and the surgeon was negligent in performing weight loss procedures.

The lawsuit, filed by Jessica Ballandby against Dr. Mario Almanza and his alleged recruiter, Sandy Brimhall, claims Brimhall promised "a quick in and out," and "surgeries would be done by doctors who are qualified and competent." When Ballandby returned to the U.S., she was diagnosed with internal bleeding and compared Dr. Almanza's operation to a "pig farm."

Chicago Woman Sues Restaurant for 'Piping Hot' Lasagna

Who hasn't burned their mouth or fingers in impatient anticipation of that first bite of newly-prepared food? Whether it's microwaved pizza bites, a bagel from the toaster, or a gourmet dinner, that first bite can lead to instant regret. But some burns are worse than others.

One woman is taking her serious food burn to the next level by suing the restaurant that served her meal. The woman claims the Italian restaurant served her "piping hot" lasagna which led to severe burns on her hand. Hers is not the first hot food lawsuit, and it surely won't be the last.