Injured - The FindLaw Accident, Injury and Tort Law Blog

March 2018 Archives

Man Sues for Rat Bite at Disney's Magic Kingdom

The Magic Kingdom is not so magical when you get bitten by a rat while visiting. Unless it turns you into a princess or cooks you a seven-course dinner -- then it's still magical. Unfortunately for one park-goer, his rat bite ended in medical bills and disfigurement instead of riches and a crown. Now he's suing Disney for damages as a result.

Jury Awards $3M in AndroGel Heart Attack

Most drugs have some type of negative side effect. But you usually know what those side effects are and decide that the medical benefits outweigh those risks. So, if you're not told what the risks are, you can't make that analysis.

In a recent case out of federal court, a man claimed that a drug manufacturer misrepresented the risks of his medicine, and he found out the hard way when he suffered a heart attack. Although the jury didn't agree with all of his claims, they did decide that the company was negligent and awarded him millions.

Women in Peeping Tom Bathroom Case Don't Need to Reveal Identity

It's creepy to find out that a bathroom you used had a camera in it. And, if you did find out that there were recordings, you'd want people held responsible for this invasion. Well, that's how a number of women felt after finding out that a bathroom they had visited contained a spy cam. Although their claims were initially dismissed, a New Jersey appeals court revived their claims when it ruled that the women aren't required to identify themselves in the footage to prove their case.

Woman Loses Slip and Fall Case Against Walgreens

People can slip and fall for a variety of reasons, from being careless to encountering a hazard on the ground. Sometimes if people fall because there was a hazard present, they may be able to recover for their injuries. This is because businesses have a general duty of care to keep people reasonably safe while they're on the business's premises. But, in order to succeed in this type of lawsuit, a plaintiff must prove that the business was at fault.

Since one woman who fell in an Indiana Walgreens was unable to prove this, the 7th Circuit Court of Appeals affirmed a lower court's decision to grant Walgreens' motion for summary judgment.

How Much Is Your Pedestrian Accident Claim Worth?

It's hard to tell with certainty how much a personal injury claim will be worth. It will usually depend on a variety of factors such as the amount of monetary loss that has occurred as a result of the injuries, the extent of the injuries, and the nature of the accident, just to name a few. It can also depend on your fault (if any) in the accident.

In the case of a car accident that involves a pedestrian, for example, it's likely that there will be significant injuries to the pedestrian. So, how much would a pedestrian accident claim be worth? While the answer will always depend on the specific circumstances of the accident, there are some common factors that will influence the amount a pedestrian can recover.

Cyclist Sues for Injured in Florida Bridge Collapse

On March 15th, the Florida International University pedestrian bridge collapsed, killing six people and injuring nine people. And, the first lawsuit relating to the tragedy has been filed, and it's likely that more lawsuits will follow. A lawsuit has been filed by a bicyclist who was injured as a result of the bridge collapse.

State Exempt From Lawsuit in Wrongful Death Case, Wyoming's Highest Court Rules

It's unfortunate when someone dies as a result of an accident. But, it's even more tragic when it seems like the accident could've been prevented. For example, when a 7-year-old girl was killed by a driver who had a valid driver's license despite also having a visual handicap, it would seem like the license issuing authority should be held responsible. Well, according to the Wyoming Supreme Court, the state transportation department is exempt from being sued for wrongful death.

Uber's Self-Driving Car Kills Pedestrian: What Are the Legal Consequences?

You don't have to be a complete control freak for the idea of self-driving cars to terrify you. And even if the technology would actually make our roads safer in the long run, a new tragedy out of Tempe, Arizona involving a pedestrian is sure to ignite another round of debates over the wisdom of allowing these test vehicles on our roads just yet.

An Uber test vehicle, driving in autonomous mode, hit and killed a pedestrian in Tempe on Sunday. Although there was a safety driver at the wheel and the pedestrian, Elaine Herzberg, was crossing the street outside of a crosswalk, the accident could have serious legal consequences for the company.

Officers to Blame for Drunk Boating Death

If someone gets drunk while cruising around in their boat, runs from the authorities, and kills an innocent boater nearby, you'd expect that genius to get serious jail time. But you might not think of punishing the officers who chased him as well.

In a wrongful death case out of Mississippi, two officers have been found reckless for their part in the accident, and the state supreme court just approved it. Now, nine years after the tragedy, the family of the deceased boater may actually receive some compensation from that case.

Woman Loses Injury Money After Fitness App Revealed Workout Routine

Social media has allowed people to connect with friends and family members across the world. You can now see updates to people lives with the click of a button. But, it's important to remember that it's not always only friends and family members that see what's going on in your life.

For example, if you call in sick to work but then end up posting pictures of yourself at a baseball game in the middle of the day, you risk having someone at work find out about it. Along similar lines, if you claim an injury and you receive money based on that injury, it's a good idea to keep your physical activities offline. Just ask a woman who lost her injury payouts once her insurance company noticed her exercise records online.

NYC Helicopter Pilot Sued for Negligence After Fatal Crash

It's tragic when people die in an accident, but even more upsetting when you feel that the tragedy could've been avoided. Nancy and Jerry Cardigan, the parents of one of the victims who died in a helicopter crash in New York City's East River, feel that negligence led to their son's death. So, they have filed a lawsuit against the helicopter pilot and the tour company.

Fertility Clinic Sued After Freezer Meltdown

There are few desires as primordial and existential as the desire to have children and start a family. For some, it only takes a few tequila shots and a Marvin Gaye album. For others, the long process of freezing their eggs or embryos provides the only hope of having their own biological children someday.

In the latter scenario, people entrust their eggs and embryos to a fertility clinic. In a devastating case out of Ohio, couples are suing a fertility clinic near Cleveland after a meltdown occurred in one of its tanks, damaging thousands of eggs and embryos contained inside. As one of the lawsuits contends, the clinic "destroyed the hopes, dreams, and futures of hundreds, if not thousands of prospective Ohio parents and families."

Cryotherapy Injury: When to Sue

One of the newest health treatments that celebrities are going crazy for is cryotherapy. Since celebrities are often an example for the rest of us non-celebs, it's no surprise that cryotherapy is being used by "regular" people as well. But, what exactly is cryotherapy? And, if you end up with injuries, can you sue?

School Bus Driver Was Reckless, Negligent in Child's Death, Lawsuit Alleges

Parents try very hard to protect their children. But, this need to protect children must also be balanced with letting go of your children, such as letting them go to school. The hope is that the people that care for your children when you're not around will be responsible and ensure that your child stays safe. Unfortunately, this isn't always the case.

For example, Arlana Haynes, a 6-year-old girl in first grade died as a result of injuries she sustained in a school bus crash, and her parents say it was because the bus driver was negligent and reckless. Because they feel that this tragic accident was the result of bus driver's actions, Arlana's parents have filed a lawsuit against the bus driver and Houston County schools.

Pedestrian Deaths Remain High, New Report Finds

Whether major or minor, car accidents can be a scary and stressful experience. It can be an especially upsetting experience if a pedestrian is involved in the accident. And, according to a report by the Governors Highway Safety Association (GHSA), "nearly 6,000 pedestrians were killed in motor vehicle crashes in the U.S. in 2017, marking the second year in a row at numbers not seen in 25 years."

But, what's causing the high number of pedestrian deaths? While the report doesn't pinpoint any specific causes, it does note a few trends that may correlate with the rise of pedestrian deaths: the prevalent use of smartphones and the legalization of marijuana.

When Can You Sue for Identity Theft?

With the convenience of technology comes new risks as well. Although identity theft can occur without using the internet, it does make this crime easier to commit. Having your identity stolen can be very difficult, especially since you may not discover it until much later than it actually occurred. Identity theft is a crime under federal law, and most states also have laws making it illegal.

But, considering the negative effects of being the victim of identity theft -- such as damage to your credit or loss of money -- you may wonder if you're entitled to pursue a civil lawsuit against the offender(s). Well, some states actually allow identity theft victims to sue under their identity theft laws. But, even if your specific state doesn't include such a provision, you still may be able to sue if you've been the victim of identity theft.

Girl Dies From Falling Mirror in Payless

A Georgia family is grieving after a falling mirror killed their two-year-old daughter, Ifrah Siddique, inside a Payless ShoeSource store. It's a tragic case touching on the legal responsibilities of retailers and the legal rights and remedies available to store patrons.