Injured - The FindLaw Accident, Injury and Tort Law Blog


Pastor's 'Blessing' Caused Brain Injury, Lawsuit Claims

Most church-goers expect their place of worship to be a source of healing and spiritual renewal. But one Georgia woman claims her pastor's blessing did far more harm than good when it caused her traumatic brain injury. Now, the woman is suing the church and the pastor as she continues to suffer from the effects of the incident.

Parkland Victim Files Lawsuit Against Gunman and Foster Parents

No child should have to endure what those at Parkland High School went through during the mass shooting at their school on February 14. Understandably, many are asking questions about how it could have been avoided, whether there were missed warning signs, and how to avoid this type of tragedy in the future.

In answer to some of those questions, one of the Parkland victims is suing the gunman, his mother's estate, the family the gunman stayed with, and three mental health facilities. He claims that those entities share some of the responsibility for the shooter's actions that day.

Lawsuit Against Online Gun Seller Can Continue, Court Rules

There's no denying the national debate on gun control has reached a fever pitch in recent months, with more shootings and the media attention that follows. The questions that always arise after these shootings include: How did this person get a gun? Was it obtained legally? Should we change the law to prevent this type of thing from happening in the future?

After a tragic incident in Wisconsin claimed four lives, investigators learned that the shooter had purchased his gun online. Now, the daughter of one of his victims is suing that website over her mother's murder. And although one court dismissed the case, an appeals court has ruled that the lawsuit against the online gun seller can continue.

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.