Injured - The FindLaw Accident, Injury and Tort Law Blog

May 2014 Archives

Student Sues Over E. Coli Infection From Recalled Ground Beef

A Michigan college student has filed suit against a Detroit meat-packing company claiming she developed a severe E. coli infection after eating tainted ground beef.

The suit against Wolverine Packing Co. comes after the company recalled 1.8 million pounds of ground beef for possible E. coli contamination.

What's this co-ed's legal beef?

Can You Be Injured By Just One Drink?

There are a number of ways to be injured at a bar, not just from drinking. Most action movies would have you believe that bar fights with pool cues and broken bottles break out daily.

Even if your local watering hole is not exactly "Road House," it is still more likely for you to be injured simply by ordering a drink. Bar patrons can sue for injuries caused by being served, and here's how.

3 Ways Your Pool Can Land You in Legal Hot Water

Swimming can quickly turn from a great time in a bathing suit to a bad time in a lawsuit.

If there's a pool at your home or place of business, it pays to be aware of how you might end up on the wrong side of a personal injury lawsuit this summer.

Here are three ways your pool can get you in legal hot water.

Top 10 Deadliest Cities for Pedestrians: Study

A new study has found that 10 American cities are the deadliest places for pedestrians in the nation.

The National Complete Streets Coalition (NCSC), a branch of the neighborhood advocacy group Smart Growth America, released a study in May which compared total pedestrian deaths, annual pedestrian deaths per 100,000 residents, and percentage of pedestrian commuters to come up with the most dangerous metro areas to walk in America.

So which cities are the deadliest for pedestrians?

5 Tips If You're Injured at a Concert or Music Festival

As the weather heats up, summer music festival season will soon be in full swing.

But besides being a great place to check out some music and have a good time, an all-day or multi-day concert is also, unfortunately, a great place to get injured.

If you do find yourself on the wrong end of a music festival mishap this summer, here are five legal tips to keep in mind:

Avoid Summertime Sadness: 5 Injuries You Can Prevent

Summer is already in full swing, and every year it presents itself with a load of very preventable injuries.

So avoid the summertime sadness (sorry Lana Del Ray), and be prepared for the hurt of these five common summer-related mishaps:

Can You Sue the VA Over Delays in Treatment?

Delays in treatment may be responsible for more than 100 deaths at VA medical centers since 2001, according to a new report.

The U.S. Department of Veterans Affairs (VA) admitted to the Dayton Daily News that at least 23 people have died because of delayed care. But the newspaper's investigation found the words "delay in treatment" in 167 paid settlement claims with the VA.

As the VA scandal unfolds, many veterans and their families may be wondering: Can you sue the VA over delays in treatment? The answer depends on your specific situation, but you'll likely need to follow a certain procedure before filing a lawsuit.

Dump Truck Crash Victims' $10M Verdict Upheld

A Pennsylvania appeals court recently upheld an eye-opening $10 million verdict in a multi-vehicle wreck caused by an out-of-control and poorly maintained dump truck.

The award included over $1 million in punitive damages, as The National Trial Lawyers' blog pointed out.

What facts in this case inspired the jury to not only compensate the victims for their damages but also punish the defendant?

$2.5B DePuy ASR Settlement Finalized

A $2.5 billion DePuy ASR settlement has been finalized for thousands of patients who were forced to undergo painful surgery to replace their metal hip implants.

DePuy, the maker of the affected implants, and its parent company J&J, will fund the settlement. More than 94 percent of plaintiffs -- about 7,200 ASR patients -- have agreed to its terms, according to the San Francisco-based law firm Walkup, Melodia, Kelly & Schoenberger, which filed the first DePuy ASR lawsuit in 2009. DePuy recalled two types of ASR implant devices in 2010.

Will this settlement announcement end DePuy's ASR worries?

Can You Sue Over Police Dog Bite Injuries?

Police dogs, just like human police officers, occasionally get the wrong man. But when the police "officer" detaining you has Vise-Grip jaws and razor-sharp teeth, a mistake can damage more than just your dignity.

Case in point: A South Dakota man who police say was an innocent bystander was mistakenly bitten by a police dog, The Argus Leader reported earlier this week. Cops were able to call the dog off the bystander and onto the actual suspect, who was then captured. But both the suspect and the bystander were sent to the hospital with injuries.

In this case and in others, can a police dog bite victim sue the cops for damages?

Bounce House Blows Into the Air; 3 Children Injured

A bounce house was blown more than 50 feet in the air Monday, injuring three children who fell from the house as it was carried aloft.

The children were dumped from the airborne bounce house in South Glens Falls, New York, where a gust of wind freed it from its moorings. According to the Glens Falls Post-Star, two of the kids were at least 15 feet off the ground when thrown from the bounce house, and both suffered serious injuries.

Could this bounce house incident have been prevented, and who could potentially be liable for the children's injuries?

Pregnant Drivers at Higher Risk of Car Crashes: Study

Are pregnant drivers more likely to crash?

A new Canadian study suggests that pregnant women are more likely to be involved in a serious motor-vehicle accident, especially in their second trimesters.

Why is this? And does this finding mean you should avoid driving while pregnant?

'Affluenza' Teen's Victim to Get $2M Settlement

A victim who was paralyzed by the infamous "affluenza" teen driver is set to receive more than $2 million in a settlement for his life-changing injuries.

Sergio E. Molina, 17, was one of 12 people injured when Ethan Couch drunkenly wrecked his pickup and killed a stranded motorist along with three Good Samaritans. According to The Associated Press, Molina has been hospitalized since the accident last June and has only enough movement to smile and blink.

Is this end of Molina's claims?

5 Things a Personal Injury Lawyer Can Do (That You Probably Can't)

The thought of representing yourself in a personal injury case, known legally as proceeding pro se, is pretty tantalizing. After all, how hard could it really be? The answer: pretty darn hard.

As the plaintiff in a personal injury case (as with any legal proceeding), you have the right to act as your own attorney. But should you? Or should you instead enlist the help of a personal injury lawyer with more experience and expertise?

To figure out which option is best for you, here are five important things a personal injury lawyer can do that you probably can't:

Can You Sue Someone for Beating You Up?

Can you sue someone for beating you up? The answer is yes, but is it even worth your time to pursue a lawsuit?

Modern America isn't the Wild West or a Kung Fu movie. We live in a civil society where you have the right not to be beaten up by strangers, police, or even family members.

So here's how to go about suing if someone beats you up, along with a few factors you'll want to consider:

FedEx, Bus Company Sued Over Crash That Killed 10

The first lawsuits have been filed after a fatal FedEx truck and bus crash in northern California that killed 10 and injured 34.

The April 10 accident on Interstate 5 near Orland involved a FedEx big rig crossing the median and slamming head-on into a tour bus filled with Los Angeles-area high school students.

The litigation stemming from the collision will likely focus on who was responsible for the deaths and injuries caused by the collision and ensuing fire, which may be a bit more complicated than the facts make it sound.

Proposed Fungal Meningitis Settlement: $100M for Victims

Plaintiffs who sued after a deadly fungal meningitis outbreak have reached a settlement with the Massachusetts pharmacy blamed for the infections.

The New England Compounding Center is accused of distributing steroid injections tainted with deadly fungal meningitis, which was linked to at least 64 deaths in 20 states, reports the Detroit Free Press. NECC has now agreed to set aside $100 million for victims of tainted steroid shots.

What will this settlement mean for fungal meningitis victims and their families?

Golf Cart Injuries, Deaths Can Lead to Lawsuits

A fatal fall from a golf cart ended a young Illinois man's life on Sunday, reminding us just how dangerous golf cart accidents can be.

Stephen Canfield, 20, was found by police around midnight after falling out of the back of a golf cart. Canfield suffered a broken neck which killed him, reports the Sun-Times Media Wire. The cart's driver and two other passengers were not injured, but police suspect alcohol may have been involved in the incident.

Not only can golf cart accidents lead to death and injuries, but they can also lead to litigation.

Circus Rigging Collapses, Injuring 9; OSHA Investigating

A circus rigging collapse in Rhode Island has left at least nine performers injured, and an OSHA probe is underway to determine the cause.

The incident occurred at a Ringling Bros. and Barnum & Bailey Circus event in Providence, Rhode Island, on Sunday. Eight acrobats in a "human chandelier" fell approximately 30 feet to the ground, injuring a ninth performer on the ground. CNN reports that witnesses observed a cable snap during the acrobatic feat, plummeting the performers to the floor.

What potentially caused these circus injuries?

Endo Transvaginal Mesh Settlement: $830M for 20K Claims

Transvaginal mesh manufacturer Endo International PLC has agreed to pay approximately $830 million to settle around 20,000 lawsuits stemming from its vaginal-mesh implants.

The proposed settlement would not end all mesh claims against Endo. The Dublin, Ireland-based company still faces more than 23,000 claims not covered by the settlement, reports Bloomberg Businessweek.

What does this Endo settlement mean for future transvaginal mesh cases?

Can You Sue Over Airbag Injuries?

Airbags are intended to save lives, but they can also cause injuries if they are defective or malfunctioning.

Case in point: A Louisiana woman is suing Volkswagen after she claims the driver’s door and seat airbags deployed “without the vehicle making contact with anything.” According to The Louisiana Record, Caroline Harrington also claims that VW knew about problems with her car model’s airbags but failed to notify her of a recall.

If you experience similar injuries from an airbag, can successfully sue? Here are a few factors to consider: