Injured - The FindLaw Accident, Injury and Tort Law Blog

Health Hazards

Health Hazards are commonly brought under several theories of tort liability. Asbestos lawsuits are a common example of this, as are toxic mold lawsuits and even food poisoning cases. Essentially, these claims can be brought under theories of strict liability, negligence, breach of warranty or even fraud. If there is a strict liability statute, then the responsible person will be held under very strict scrutiny. Some products liability cases, involving hazardous drugs, fall under this type of scrutiny. Under a negligence theory, the responsible person would have to owe a duty to the injured and will have breached that duty. A breach of warranty duty applies in some states, where the health hazard exists because of faulty workmanship.

Recently in Health Hazards Category

"If you were in the Museum Collections Building (bldg 2C) between the year 2000 and June 18, 2018, you were 'exposed' to uranium by OSHA's definition." Not exactly something you want to hear after your vacation to the Grand Canyon, but that's what the park's health and safety manager is claiming.

Elston "Swede" Stephenson says radioactivity readings gathered by Park Service officials on three buckets of stones believed to be uranium specimens appeared to be hundreds of times higher than federal exposure thresholds.

Urban farming has given way to urban livestock ownership, and now every hippie and hipster in your neighborhood has chickens, bees, and maybe a goat or two. Which is all well and good for the decrease in their food bill every month, but what about the increase in noise and odor coming from their backyards?

The good news is that you may be able to file a nuisance lawsuit to address the problem. The bad news is that such claims are not always easy.

Louisiana 'Cancer Alley' Victims Take Legal Action Over Environmental Racism

An 85-mile stretch of land along the Mississippi River between Baton Rouge and New Orleans, once home to beautiful plantations and robust agriculture, is now known as Cancer Alley. This area in St. James Parish's District 5 was mostly residential, but is now dotted with petrochemical companies. When residents united to block the building of future petrochemical and plastic companies in the area, they learned something surprising. In 2014, unbeknownst to them, the district, which previously had no known zoning designation, had been zoned a Residential-Future Industrial zone. Residents are crying more than foul, they are claiming environmental racism.

Illegal Butt-Lift Doc Facing Homicide Charges

Third time's a charm, and perhaps this time, the sentencing will be more severe. Whalesca Castillo has been arrested for manslaughter in the death of Lesbia Ayala, a resident of Philadelphia who had traveled to the Bronx to have Castillo perform a "butt lift" without a medical license. Castillo has also been charged with criminally negligent homicide and the unauthorized practice of a profession. 

Castillo had already been found guilty and jailed twice before for providing illegal silicone injections. But this time, the client died. Facing repeat charges and showing only discontent for the law, Castillo may be in for some hard time.

Asylum-Seeking Kids Win Class Action in Health Care Lawsuit

The mental health of migrant children trumps the federal government shutdown, hands-down, according to a Los Angeles federal court judge. U.S. District Judge Dolly Gee certified the class of detained asylum-seeking migrant children requesting mental health aid, and firmly dismissed the government's request to delay the suit until after the federal shutdown has ended.

Noting that the judge can issue a court order forcing federal attorneys to work on this case, despite the shutdown, Gee proclaimed, "the prosecution of this action should not be further delayed because it concerns the health and welfare of minors in the custody of the Office of Refugee Resettlement." The judge then required the administration to respond to the children's claims by Jan. 9 and to discovery requests by Feb. 22.

Sometimes we need to change doctors. Sometimes a medical condition needs to go to an expert. And sometimes, a medical emergency prevents us from giving our complete medical history to the doctors and nurses treating us. In any case, the quality of health care that we receive is only as good as the accuracy of our medical records.

And while it may be impossible to calculate exactly how many errors are  hidden in our medical histories, the Office of the National Coordinator for Health Information Technology estimates that nearly 1 in 10 people who access their medical records online end up requesting that they be corrected. So how do you find out if your medical records are accurate? And how do you correct them if they're not?

Like any experienced music festival attendee, Michael Ryan, of Panama City Beach, Florida, purchased VIP tickets for the Gulf Coast Jam country music festival in 2014. That gave Ryan access to unlimited quantities of free alcohol in the VIP area.

And like any experienced litigant, Ryan doesn't explicitly admit to consuming any of that free booze before he fell off a platform in the VIP section, "causing him to suffer severe and permanent injuries resulting in loss." Ryan also doesn't elaborate on those injuries in his lawsuit against the company hosting the music fest and the company providing security, but he is asking for $15,000 in compensation.

Accidents and natural disasters may seem inevitable or like an act of God. But that doesn't mean that all injuries stemming from a disaster are unavoidable, or that someone isn't liable for the accident itself.

Determining that liability, however, and recovering for your injuries, can be complicated. Here are some tips if you've been injured and are considering a lawsuit after a disaster.

Facebook Content Moderator Developed PTSD, Suit Claims

It is no secret that Facebook users upload thousands of videos and images each year that are filtered out, based on obscenity and decency guidelines. Just like there's no tooth fairy, there's no content fairy.

Almost all of Facebook's uploaded content is screened by contracted content moderator workers, and some of them have been emotionally scarred by what they have been forced to view. As a result, one content moderator, Selena Scola, has filed a lawsuit claiming she is suffering from psychological trauma and post-traumatic stress disorder because she was not properly protected by Facebook, as promised in its corporate guidelines.

Lead Found in NC Schools Drinking Water

Lead poisoning of school-aged children is unfortunately back in the spotlight, this time in the Charlotte-Mecklenburg, North Carolina area. Last year, 58 schools voluntarily tested the drinking water in local schools, and nearly half showed high lead levels. Results started posting earlier this week, reporting at least 27 schools had lead levels at the action-level 15 parts per billion (ppb) or greater. Some had lead levels as high as 100 ppb.