Injured - The FindLaw Accident, Injury and Tort Law Blog

August 2016 Archives

From slick store floors to icy sidewalks, slip and fall accidents account for an enormous number of personal injury lawsuits. So many, in fact, that you probably know someone (or know someone who knows someone) who has considered filing a slip and fall claim. And with so many stories out there, separating the truth from so many tall tales can be a challenge.

Have no fear -- we're here to help. Here are five common myths about slip and fall lawsuits, and the facts behind the fiction.

Gassy babies are unhappy babies. Hence the need for simethicone, the main ingredient in many infant anti-gas medications you could buy at a grocery store and pharmacy. But it turns out simethicone has a few other uses as well, like reducing bubbles inside the body that can impede visibility during colonoscopies and other procedures. So doctors started injected liquid drops of simethicone into gastrointestinal scopes during procedures.

The problem with that tactic, however, is that simethicone may not be easy to clean from the scopes, leading to infection outbreaks.

Millions of equestrian enthusiasts ride horses every day without incident. But, as with any athletic pursuit involving large animals, it can be dangerous. Just ask Jenna Tatoulian, who was thrown from a horse while training in 2014, suffering multiple fractures in her pelvis and tailbone. Tatoulian is now suing the riding club, claiming that it was the club's water truck backfiring that spooked her horse.

Here's a closer look at Tatoulian's lawsuit, and others based on horse riding injuries.

Seattle has become known for its anti-capitalist protests over the last decade, and many were predicting that the 2016 May Day protests could turn ugly. Organizers even warned participants on Facebook to “be prepared for violent police repression (pepper spray, flash bang grenades, tear gas, beatings, arrests, etc.).” They were right about the flash bang grenades — one exploded near a man filming the protest, sending shrapnel through his face and opening up a gash on his cheek.

Now the man is suing the City of Seattle and members of the Seattle Police Department over his injuries. Here’s a look at the case.

Guns can do a lot of damage. Whether unintentional or intentional, gunshot wounds can be catastrophic. And while the criminal justice system can punish some people for purposefully or recklessly shooting another person, that may not cover accidental shootings and may not cover the true cost of gunshot injuries.

In order to hold someone responsible for a shooting, you may need to turn to a civil lawsuit, but against whom? And what are the legal theories for liability in gunshot injury cases?

Flora Kim and David Kang, of Dallas, Texas were enjoying the annual meeting of the American Association of Oral Maxillofacial Surgeons at the Hilton Hawaiian Village in Waikiki September 2014 with their son. That was until the boy’s foot got caught in an escalator at the resort, tearing skin from his leg and requiring emergency surgery.

Now the parents are suing Crocs, claiming that the shoes the boy was wearing at the time were “negligently and improperly designed,” and that the company knew about the risk to children wearing their shoes on escalators.

Wildfires are currently burning over 40,000 acres in California, and that’s just from three current fires in southern and central parts of the state. The Clayton fire in Clear Lake and the Chimney Fire in San Luis Obispo County have also claimed 220 structures, many of them homes.

Some insurance policies cover natural disasters, but many do not. And not every insurance settlement covers the cost of losing a home or other damage. So what happens if you suffer loss or damages from a wildfire? Can you sue?

As we’ve learned recently, Essure birth control implants may not be safe. The permanent coil has been known to fail, cause infection, and even lead to serious hemorrhaging. Some women injured by Essure implants have filed lawsuits against the manufacturer, Bayer, and a recent California court ruling may pave the way for many, many more.

Judge Winifred Y. Smith of the Alameda County Superior Court held that Bayer could be liable for Essure injuries, despite federal regulation of the industry. And the green light given to these 11 cases in California could mean hundreds, if not thousands will follow.

Our medical data is some of the most personal information that we entrust to third parties. Our medical records are sacred and their privacy is paramount. Which is why we have federal laws protecting the privacy of our medical records and requiring hospitals, clinics, and other health care providers to report hacked, lost, or otherwise exposed medical records. And those reports aren't good.

Since 2009, the U.S. Department of Health and Human Services has identified 1,634 breaches of patient medical information, and those are just the cases affecting 500 or more individuals. There could be thousands more medical data breaches (intentional and unintentional), possibly affecting your personal medical information.

Slip and falls send one million of us to the hospital emergency room every year, are the leading cause of workers' compensation claims, and account for half of all accidental deaths in the home. And while many of us may be quick to blame ourselves and our clumsiness for a fall, the cause may have been a dangerous condition with the floor or surface we were walking on.

In order to recover for injuries based on someone else's negligence in constructing or maintaining a safe walking environment, you may need to prove the dangerous condition in court. How? By preserving as much physical evidence from the scene as possible.

By now most parents have heard about the danger of concussions in sports like football and hockey. But parents trying to keep their children safe from head injuries need to be concerned with more than contact sports. A new Centers for Disease Control and Prevention study found around 21,000 kids aged 14 and younger suffer traumatic brain injuries including concussions on playgrounds every year.

The study also found that the rate of concussions was rising among children, from 23 out of 100,000 in 2005 to 48 out of 100,000 in 2013. While the CDC isn’t sure what’s causing the rise in traumatic brain injuries, it is recommending “improved adult supervision, methods to reduce child risk behavior, regular equipment maintenance, and improvements in playground surfaces and environments.”

We're told all the time that sitting at a desk all day is bad for our health, and that getting out of the office for a stroll is essential for our well-being. But even walking can be dangerous, especially along heavily-trafficked city streets.

So can a pedestrian injured in an accident sue? And how do you figure out who's at fault?

The blood thinner Xarelto, most popular among adults undergoing hip and knee replacement surgeries, can treat patients suffering from an irregular heart rhythm, hypertension, or other valvular heart conditions. And while Xarelto can prevent potentially deadly blood clots, it can also have some potentially dangerous side effects.

And now thousands of lawsuits based on those side effects are being consolidated into one case for pretrial motions. Here’s what you need to know about the latest Xarelto lawsuits.

One of the sad side effects of chemotherapy to treat cancer is hair loss. And it’s become so ubiquitous that there are now charities where you can donate hair for wigs for cancer patients. For the most part, though, patients know that if they survive the chemotherapy and the cancer, their hair will someday grow back. But what if that doesn’t happen?

Dozens of new lawsuits are claiming that the chemotherapy drug Taxotere is causing permanent hair loss in female patients, especially those being treated for breast cancer. Here’s what you need to know:

Elexecia Martin claims police officers should have known her young daughter wasn’t involved in a fight back in April. After all, there was video of the incident, and not only is Martin’s daughter not on it, but she can allegedly be heard off-camera, begging kids to stop. But that didn’t stop police officers from arresting the girl at her elementary school in Murfreesboro, Tennessee, putting her in the back of a patrol car, and driving her to juvenile detention.

Now Martin is suing the officer involved, claiming her daughter’s constitutional rights were violated and that she “suffered great mental anguish and emotional trauma as a result of the arrest and prosecution.”