When to Sue a Business for Negligence

Businesses that open their doors to the public also open themselves up to lawsuits. The law places a great deal of responsibility on stores, shops, and small business owners to provide a safe environment, as well as safe products, to their customers, and when a business fails to meet that responsibility, it could be liable for any injuries that occur.

Here are three common types of business negligence, and when you can sue:

Bad Food

Liability for restaurants and other food vendors primarily centers on the food itself, and businesses in the food and beverage industry can be held responsible for food poisoning and food contamination. The difficulty with some food poisoning lawsuits is proving that you're sick due to food contamination and that it was a particular restaurant's food that made you sick. Therefore, suing a restaurant for negligence after food poisoning generally happens when many customers have been sickened.

Bad Floors

All businesses are also responsible for maintaining clean and safe space for customers. Slippery floors or bathrooms, unlit hallways, or crowded shopping areas can all be hazards to patrons, and the business owners can be liable for a slip and fall on their premises. Additionally, businesses may also be responsible for injuries outside of their stores as well. If the store owners or employees knew about a dangerous condition on the premises and failed to fix or clean it, they could be sued for negligence.

Bad Folks

All businesses are responsible for hiring, training, and supervising their employees, and can be held accountable for the negligent acts of their staff if they occur within the scope of employment. And some businesses could also be responsible for the acts of their customers. Bars, restaurants, and other businesses that serve alcohol can be liable if they over-serve patrons and it results in injuries.

The best way to know if you can file a negligence lawsuit against a business is to consult with an experienced consumer injury attorney. Many are happy to talk about your case for free.

Related Resources:

• Is Suing a Restaurant Your Best Course of Action? (FindLaw's Injured)
• Can I Sue If I'm Injured in a Store Parking Lot? (FindLaw's Injured)
• When Are Hotels Liable for Injuries? (FindLaw's Injured)

from Injured http://blogs.findlaw.com/injured/2016/07/when-to-sue-a-business-for-negligence.html

Medical Malpractice for Doctor's Use of Outdated Medical Equipment

When you go to the doctor or hospital, you probably don't judge the equipment. Unless you work in a field that deals with your particular injury or illness, it is unlikely that you know about the latest innovations in medicine. As such, you may not realize when negligence has occurred.

Medical malpractice can happen for all kinds of reasons, including using old and outdated medical equipment. This kind of negligence is often particularly difficult to uncover because it requires a certain expertise in order to understand how things went wrong and what might have been expected. Given this, we should be aware of the possibility of medical malpractice connected to equipment.

Medical Negligence

Negligence in a medical setting occurs when a doctor or other healthcare worker, who owes a duty of care to a patient, breaches that duty in some way. Breach occurs when the doctor or institution falls below the standard of care required of a similar person or institution in same or similar circumstances.

When it comes to equipment maintenance and replacement, a doctor or hospital must keep up to date to avoid potential liability claims. But there are variations in expectations in different places. A doctor in a big city with many innovative hospitals on the cutting edge of medicine may have a greater obligation to keep up to date than one further removed, practicing in a remote, rural location where there are no other medical practitioners.

Regardless, if the plaintiff can show that their injury occurred due to the defendant's failure to maintain the standard of care, then the last element of medical malpractice to prove will be damages, calculating the cost of the harm. Sometimes damage from faulty equipment can be costly indeed.

Equipment Issues

Medical malpractice statutes very from state to state, so the details of your case and the place you are in will dictate your arguments. Some places, like Philadelphia, have extended the standard of care in medical malpractice law to explicitly include upkeep and replacement of hospital equipment.

For example, a few years ago, a jury awarded a plaintiff in that state $78 million after her baby's birth was delayed due to a faulty ultrasound machine. Doctors believed that the baby was dead and did not realize its heart was beating, thus delaying the child's birth and causing brain damage. The hospital had failed to take proper care of its ultrasound machine and for ten years had not had maintenance performed.

Obviously, use of appropriate tools is an important aspect of professional care. Do talk to a lawyer if you suspect faulty equipment contributed to your injury or illness.

Talk to a Lawyer

If you suspect medical malpractice of any kind caused you harm, speak to a lawyer. Many attorneys consult for free or a minimal fee and will be happy to assess your case.

Related Resources:

• Have an injury claim? Get your claim reviewed for free. (Consumer Injury)
• Information for Your Lawyer: Medical Malpractice (FindLaw's Learn About the Law)
• Medical Records Release Form (FindLaw's Learn About the Law)
• Time Limit Considerations in Medical Malpractice (FindLaw's Learn About the Law)

from Injured http://blogs.findlaw.com/injured/2016/07/medical-malpractice-for-doctors-use-of-outdated-medical-equipment.html

Car Accident Back Pain: 3 Legal Steps to Take

This is another in our series on car accident claims. Many of us experience an accident, but do we really know what do to, how to get help, or what our rights are? This series can help.

It's almost become cliché to complain about back or neck pain after a car accident. But there's a reason it's such a common complaint. Car accidents, even simple fender benders, can be jarring -- there's a lot of weight and force exerted on the human body during a car crash. And while seat belts are designed to keep you secure in the car, they can't keep your spine in perfect alignment during an accident.

So if you've been in a car accident and are feeling neck or back pain, here are three things to do to protect your legal rights:

1. Seek Medical Attention

If you are in physical pain, make sure you are seen and treated by a medical professional immediately. First, your neck and spine are sensitive parts of your nervous and skeletal system, and one wrong move can cause serious and long-term damage. You should never attempt to move someone with a neck or back injury, and if you're injured, wait for trained medical personnel to treat you.

Second, having an EMT, first responder, or doctor assess your injuries will begin a record in case you need it in court later. Establishing a clear record of what medical treatment was needed, when it began, how long it continued, and how much it cost will be essential to any future legal claims.

2. Record the Accident

If possible, document everything you can about the accident and where and how it occurred. This can include taking photos of the scene, jotting down notes, and even talking to witnesses about what they saw. In a serious accident you may want to contact the police so that they can create and file their own independent report of the accident.

Having an accurate record of what happened will be the key to determining who was at fault for the accident. And if insurance doesn't cover your injuries, figuring out who was to blame for the crash may be the only way you can be compensated in court.

3. Contact an Attorney

It may seem clear to you that someone else caused the accident and, therefore, your injuries. But proving it in court can be a lot more complicated. An experienced car accident attorney will help you make your case, and maybe even help you settle it before you ever need to go to court.

Many injury attorneys are happy to consult with you about your case for free, and may be willing to represent you on a contingency basis. Call one near you today.

Related Resources:

• Injured in a car accident? Get your claim reviewed by an attorney for free. (Consumer Injury)
• 3 Things to Know About Whiplash Injuries (FindLaw's Injured)
• 3 Tips to Prepare for a Car Accident Claim (FindLaw's Injured)
• Proving You're Not at Fault in a Car Accident (FindLaw's Injured)

from Injured http://blogs.findlaw.com/injured/2016/07/car-accident-back-pain-3-legal-steps-to-take.html

Elderly Woman in Utah is First US Zika Virus Victim to Die

An elderly woman in Utah who traveled abroad seems to be the victim of the first Zika virus-related death in the U.S. Her lab results came back positive for Zika after her death, however, and the virus is not thought to be the only cause for the woman’s demise.

Little has been disclosed about this first Zika victim in the US due to health privacy laws, reports Fox News. Officials won’t even release the names of the places where she traveled and may have contracted the virus. The death is shrouded in mystery and it raises questions about Zika liability issues. 

To Go or No?

There are already well over 1000 Zika cases reported in the US and concerns about the virus are growing internationally. Certainly, knowing it exists and is a potential threat has already influenced some decisions. In May, the Major League Baseball players' union decided to move two games out of Puerto Rico and play them in Miami instead. They cited fear of Zika.

The Centers for Disease Control has published warnings for pregnant women and travelers generally. The agency’s website outlines all the places in the world where the virus is known to exist. The list is divided into two groups – countries with an epidemic and lands where it is endemic, meaning it occurs regularly. The latter group is less dangerous but presents a risk nonetheless. 

Liability Issues?

Where the first US Zika virus victim went and contracted the virus is unknown. But fear of this mosquito virus, which can cause debilitating defects to newborn children, is even influencing whether and when women decide to have children in some countries.

So, the question presents -- will people start suing for failure to warn of the virus or for failure to diagnose it? In the Utah victim’s case, her test results reportedly came back after her death and do not appear to exclude other causes of death. But this is just the first case and one involving an elderly victim. Zika lawsuits may be more likely later, in the unfortunately inevitable cases to come, involving children.  

Ill or Injured? 

If you have been injured or have fallen ill due to the negligence of another, speak to a lawyer. Tell your story. May attorneys consult for free or a minimal fee and will be happy to assess your case.

Related Resources:

• Have an injury claim? Get your claim reviewed for free. (Consumer Injury)
• Small Biz Need-to-Know: The Zika Virus (FindLaw's Free Enterprise)
• First Sexually-Transmitted Zika Virus Case in Oregon (FindLaw's Injured)
• MLB Moves Puerto Rico Series on Zika Fears (FindLaw's Tarnished Twenty)

 

from Injured http://blogs.findlaw.com/injured/2016/07/elderly-woman-in-utah-is-first-us-zika-virus-victim-to-die.html

Top 5 Pharmaceutical Drug Lawsuits

Prescription drugs can save our lives. Whether for diabetes, heart disease, or even schizophrenia or autism, certain medications not only improve our quality of life, but help us live it. But every drug has its intended effects and its unintended side effects, and some of those side effects can be dangerous, even deadly.

If a drug company fails to warn patients or doctors about certain side effects, they could be on the hook for any injuries or death. Here are five pharmaceutical drugs involved in current litigation over dangerous and deadly side effects.

1. Can I Sue for Invokamet Side Effects and Injury?

Invokamet is designed to help patients with type 2 diabetes manage their insulin levels by processing blood sugar and regulating the amount of glucose released from the liver. Unfortunately, it can also cause genital yeast infections, urinary tract infections, fatigue, indigestion, nausea, and vomiting, and may even lead to an increased risk of falls and bone fractures.

2. Onglyza and Heart Failure Risks

Onglyza is also prescribed to treat type 2 diabetes, but comes with more serious health risks. Earlier this year the FDA warned that type 2 diabetes medicines like Onglyza that lower blood sugar "may increase the risk of heart failure, particularly in patients who already have heart or kidney disease."

3. Jury Awards $70M in Johnson & Johnson Risperdal Lawsuit

For those with schizophrenia, autism, or bi-polar disorder, Risperdal can reduce aggressive behaviors. But for young men taking the drug, it can also cause gynecomastia, or breast enlargement. It turns out that the pharmaceutical company not only failed to warn patients about this potential side effect, but the drug wasn't even FDA-approved for adolescents.

4. Xarelto Update: Trials May Begin in 2017

Blood clots can be bad: blocking blood flow to the lungs, heart, and brain. But blood thinners can have their own adverse health effects, increasing the risk of internal bleeding. Xarelto has been prescribed to many adults undergoing hip and knee replacement surgery, and there are currently hundreds of injury and wrongful death lawsuits regarding the drug.

5. Lawsuits: Morning Sickness Drug Zofran Causes Birth Defects

Zofran was designed to treat nausea in cancer patients undergoing chemotherapy. But the company that made it started pushing Zofran to pregnant women, even though it had never been tested on pregnant humans. It turns out Zofran can cause some tragic birth defects.

Pharmaceutical drug lawsuits can be complex legal matters, but that doesn't mean you can't get compensated if you've been injured by a drug or suffered serious side effects. Talk to an experienced personal injury attorney about your case today -- most are happy to provide a free consultation.

Related Resources:

• Injured by medication? Get your claim reviewed by an attorney for free. (Consumer Injury)
• Are Drug Companies Liable for Side Effects? (FindLaw's Injured)
• 5 Most Dangerous Prescription Drugs (FindLaw's Injured)
• Pharmaceutical Drug Liability (FindLaw's Learn About the Law)

from Injured http://blogs.findlaw.com/injured/2016/07/top-5-pharmaceutical-drug-lawsuits.html

Xarelto Update: Trials May Begin in 2017

For people with irregular heart rhythm, hypertension, or another valvular heart condition, blood thinners can help prevent dangerous and potentially deadly blood clots. But as with any medication, there are risks of side effects.

One such blood thinner, Xarelto, is a popular treatment for adults undergoing hip and knee replacement surgeries. But some patients have suffered from severe internal bleeding after taking Xarelto, sometimes resulting in death. And the lawsuits against the drug’s manufacturer, Janssen Pharmaceuticals, are starting to pile up. Here’s what you need to know about the current litigation.

In Court

The current federal lawsuits, to be heard first in Louisiana, are a combination of 40 cases filed against Janssen and Bayer, claiming the drug manufacturers failed to adequately warn patients that Xarelto could increase the risks for cranial and gastrointestinal bleeding. These “bellwether” cases are slated to begin in early 2017, and could set the tone for future Xarelto lawsuits.

As Judge Eldon E. Fallon of the U.S. District Court for the Eastern District of Louisiana said:

The problem in the past with selecting bellwether cases is that we didn’t drill down on the numbers of cases in order to decide what a good bellwether case is. It was a little bit random. So what we are trying to do now is to pick 40 cases. Hopefully, these 40 cases mimic the census of the entire litigation.

On top of these 40 cases, another 800-plus are scheduled to be processed in Philadelphia’s Complex Litigation Center. (The same court system handling a slew of lawsuits against Janssen based on another of its drugs, Risperdal.)

In Patients

As with all blood thinners, or anticoagulants, Xarelto increases the risk of internal bleeding and may be associated with hemorrhaging in the eye. In addition, patients taking Xarelto were more than twice as likely to experience stomach bleeding than those taking another anticoagulant.

In some cases, internal bleeding has been fatal, as it was with Opal Perkins, who died from a blood transfusion to treat Xarelto-related gastrointestinal bleeding. Hers is one of the many lawsuits heading to trial soon.

If you’ve been suffered from the side effects of Xarelto, you may be entitled to compensation. Contact an experienced personal injury attorney in your area.

Related Resources:

• Injured by Xarelto? Get your claim reviewed by an attorney for free. (Consumer Injury)
• $650 M Settlement Reached in Pradaxa Blood Thinner Suit (FindLaw’s Decided)
• Are Drug Companies Liable for Side Effects? (FindLaw’s Injured)
• Pharmaceutical Drug Liability (FindLaw’s Learn About the Law)

from Injured http://blogs.findlaw.com/injured/2016/07/xarelto-update-trials-may-begin-in-2017.html

Playing Pokemon Go Is Causing Real Injuries

Pokemon Go is already turning some of its players into Pokemon stayers. That is, excited early adopters have already experienced injuries that will be keeping them stuck at home all summer, though the game is touted for its ability to draw reclusive types out of the house.

The augmented reality app game that's played in the real world and on phones has been out for less than a week in the U.S. Already injuries abound, reportedly. In fact, on the very first night it was out, the Washington Post reports, within just 30 minutes of the game's release, there were already people going to emergency rooms to treat injuries caused while trying to "catch 'em all!"

Watch Your Step

Pokemon Go does not seem inherently dangerous. It basically involves catching cartoon figures on your phone. But it's a game that is played out in public by highly distracted individuals, which means that accidents do happen and that there is cause for concern.

Enthusiastic players may be more involved with the game than their surroundings and are not paying attention to where they or others are going. Case in point. One player reported on Reddit, "Not even 30 minutes after the release last night, I slipped and fell down a ditch. Fractured the fifth metatarsal bone in my foot, 6-8 weeks for recovery. I told all the doctors I was walking my dog lol ... Watch where you're going, folks!"

Playing Safely

Already police departments nationwide keep advising players to look up when they walk, to watch where they are going, and to avoid driving and playing. But that is easier said than done for those who want to participate in the cultural phenomenon.

Social network posts reveal that people cannot help themselves. They must drive and play. That means the game is something of a danger to all, even those who are not involved in the madness, and it is likely that that the words "Pokemon Go" will be uttered often in injury lawsuits to come.

Players are being widely urged by everyone, including the game manufacturer, to play safely. There is a warning screen on the game that reminds people to keep their eyes on the real world, however delightful augmented reality may be.

Injured?

If you have been injured playing Pokemon Go or in any other context, talk to a lawyer. Many personal injury attorneys consult for free or a minimal fee and will be happy to assess your case.

Related Resources:

• Have an injury claim? Get your claim reviewed for free. (Consumer Injury)
• Take Notes About the Incident and Your Injuries (FindLaw's Learn About the Law)
• Donald trump Arrives on Internet as a New Pokemon Character? (FindLaw's Technologist)
• Pokemon Go's Terms of Service Are Scarier Than a 350CP Cubone (FindLaw's Technologist)

from Injured http://blogs.findlaw.com/injured/2016/07/playing-pokemon-go-is-causing-real-injuries.html