Injuryboard Commentary - Liability

Two Single Car Accidents Remind Us That Winter Driving Requires Extra Care

Mike Bryant — Wed, 02 Dec 2009 09:47:00 GMT

Wednesday night, two separate collisions in northern Todd County were reported. Todd County Sheriff personal believe that snow played a role in both incidents.:

Around 7 am a eastbound pickup on Todd County Road 73 west of Hewitt lost control 73 and rolled.
An hour later, a southbound 2003 Chevrolet Cavalier on Todd County Road 23 near Hewitt went out of control, went into the ditch and rolled.

This is exactly the type of accident, I blogged about with: Single Car Accidents: Is There A Claim? . Hopefully, all of those involved will recover quickly, but if not the help of experienced Personal Injury attorneys can make a difference in getting to the bottom of what coverages are involved.

Despite the warm November it won't be long until we see winter conditions across the state. For all Drivers winter road tips from DPS and MnDOT include:

Always use seat belts.
Accelerate and decelerate slowly on icy/snow-covered roads to retain traction and avoid skids.
Do not use cruise control.
Do not “power up” hills, which may cause wheels to spin. Build momentum before reaching a hill and don’t stop while traveling uphill. Reduce speed before going downhill.
Know your brakes. Keep the heel of your foot on the floor and use the ball of the foot to apply firm, steady pressure on the brake pedal.
Give yourself plenty of travel time. Don’t put your schedule before safety.
Clear snow and ice from vehicle windows, hood, headlights, brake lights and directional signals.
Headlights must be turned on when it is snowing or sleeting.

Most police officers asked say the key is usually to Just Slow Down.

Sgt. Jeff Wenker of the Marshall Police Department made a number of great suggestions concerning winter driving. They included:

Watch the weather, don't travel if the weather is bad
Carry extra clothing, extra blankets and extra food with you and a heat source such as Sterno or candles is not a bad idea to take along.
An empty can, such as a coffee can, can be used for bathroom breaks. Toilet paper and hand wipes could be useful, as well.
If you are on medications, always carry extra.
Don't store extra water in your vehicle because it will freeze, but take extra water with you before you leave on the trip.
Make sure your cell phone is fully charged and bring a charger with you.
Let someone know the route you will be taking and do not deviate from it.
Take your time. A four-hour trip might take five. It's easier to drive slow when you've allowed the time.
If you do slide off the road or have to pull over due to the weather or road conditions: Your car can be an effective shelter so don't leave it unless you have to. Windchills are dangerous and can kill if you are exposed for too long. A vehicle offers some protection from that.
If it's a white-out, you don't want to walk out, because you can lose your way.
Run the engine 10 minutes every hour to help keep you warm. Bundle up in the extra clothes and blankets.
Keep the windows open a crack so you stand less chance of being poisoned by carbon monoxide. Check the tail pipe periodically and clear it if necessary to keep the exhaust from coming back into the vehicle.

Hopefully, all of the suggestions will lead to lives being saved and people making it home safe this winter.

Originally posted at InjuryBoard by Mike Bryant

Cribs are not the only dangerous product- Cords on window blinds can choke or strangle a child

Claude Wyle — Tue, 01 Dec 2009 19:38:54 GMT

I wrote last week about the recall of Stork Craft cribs. That recall was prompted by the four infant deaths from suffocation caused by a badly designed product—the drop side crib. While I applaud the media attention given to these infant deaths from defective products, I want to make sure that everyone is aware that there are many additional dangerous products.

For example, in November of this year, a 2-year-old Maryland boy, Thapelo Kwofie, was strangled after his head became entangled in window cords.

In fact, according to the Consumer Product Safety Commission, about one child dies each month from strangling in cords from blinds or shades. Manufacturers of defective blinds have recalled 5 million window treatments – which the agency lists among the top five "hidden dangers" in the home – in just the past few months.

For the first time, the safety commission now recommends using only cordless window treatments in any home where there is a danger of death of a child by such an accident, including where children live or visit, such as a grandparent's house or day care center.

As defective product attorneys, we join Parents for Window Blind Safety in urging you to inspect all the window blinds in your home. Even many blinds that were considered safe in recent years have been found to be dangerous.

How to make window treatments safer

1. Install only cordless window treatments in all homes where children live or visit, especially in children's bedrooms.

2. Move all cribs, beds and furniture away from windows.

3. If not using cordless shades, cut the ends of pull cords, so that the loop can't form a noose.

4. Don't allow cords to dangle. Wrap cords around a hook that's high off the floor out of a child's reach.

5. If using Roman shades with hidden strings on the back side, raise the shades high enough so children can't reach them.

Free safety kits to retrofit window blinds are available at windowcoverings.org.

Sources: Consumer Product Safety Commission, Window Coverings Safety Council

Originally posted at InjuryBoard by Claude Wyle

Infant Suffocation Deaths result in Recall of 2.1 million Stork Craft Cribs

Claude Wyle — Mon, 30 Nov 2009 15:58:05 GMT

We learned earlier this week that more than 2.1 million drop-side cribs by Stork Craft Manufacturing of Canada are being recalled after reports of four infant suffocations. What troubles me is that while the Stork Craft name is being broadcast, many people still don’t know that the dangerous cribs which are being recalled date back to 1993 and nearly 150,000 of the cribs carry the Fisher-Price logo. In total, the Consumer Product Safety Commission has said the recall involves 1.2 million cribs in the United States and almost 1 million in Canada, where Stork Craft is based.

Even more troubling in this case is that the CPSC has admittedly not acted swiftly enough to recall these cribs. Further compounding the problems with the cribs is that they are often passed down from child-to-child within a family and from family-to-family throughout communities. In most cases, original model numbers have long since been lost or forgotten. The recall efforts therefore must be more strenuous before more children are hurt or killed by these defective products.

As defective product attorneys, one of our goals is to eliminate dangerous products from the marketplace and we are happy that the government is finally taking the necessary actions. Unfortunately, as this case demonstrates, we simply cannot rely on the government to ensure that defective products are redesigned or taken out of production. If you or a loved one has been injured as a result of a defective product, please consult an attorney who specializes in the area. Not only may there be compensation for you and your family, but it might also prevent other families from enduring the same tragedy.

Originally posted at InjuryBoard by Claude Wyle

Toyota Recalls 4 Million Vehicles to Fix Gas Pedals

Mike Ferrara — Thu, 26 Nov 2009 17:15:35 GMT

After receiving more than 100 reports of accelerators getting stuck on driver’s side floormats, causing several deaths in high-speed crashes, Toyota is recalling more than 4 million vehicles to repair or replace their gas pedals.

The gas pedal recall is Toyota's largest in the U.S. and the sixth-largest ever in the U.S., according to the National Highway Traffic Safety Administration. It includes 3.8 million vehicles, including the 2007-10 model year Camry, 2005-10 Toyota Avalon, 2004-09 Prius, 2005-10 Toyota Tacoma, 2007-10 Toyota Tundra, 2007-10 Lexus ES350 and 2006-10 Lexus IS250/350. NHTSA said 4.26 million vehicles would be covered, including new cars and trucks sold since September and others manufactured since the recall was announced. -AP

According to Toyota, the gas pedals have been getting stuck simply because they are too long, and not because of any sort of electrical problem. The company is developing new shorter pedals that dealers will install in customer vehicles starting next April. Beginning in January, dealers will offer to shorten the length of customers’ gas pedals by about ¾ of an inch while they wait for replacement pedals to become available.

Toyota also plans to install brake override systems in the Camry, Avalon, and Lexus ES350, IS350, and IS20, so that if the brake and accelerator are applied at the same time, the brake will win out and stop an out-of-control car. According to Toyota, these models are at the highest risk for pedals getting stuck in floor mats.

In November, Toyota issued a statement saying NHTSA had confirmed "that no defect exists in vehicles in which the driver's floor mat is compatible with the vehicle and properly secured." But in a rare rebuke, NHTSA accused Toyota of releasing misleading information about the recall, saying removing the mats did not "correct the underlying defect." Toyota said it was not the company's intention to mislead anyone. -AP

Whether Toyota deliberately misled us or not, life-threatening safety issues like these should never arise at all. The company needs to take more care in the development and safety testing stages to prevent their products from causing unnecessary injury and death in the first place.

If you own one of these Toyota models, please contact Toyota at 800-331-4331 or the NHTSA hot line at 888-327-4236 for more information about the recall.

Originally posted at InjuryBoard by Mike Ferrara

Motorcycles Also Have the Right to Assume Car Drivers will obey the Rules

Steve Lombardi — Wed, 25 Nov 2009 12:01:00 GMT

On October 18^th 2009 at around 11:50 p.m. Ryan Thomas Brooks was eastbound on Southwest Army Post Road when his motorcycle collided with the Dodge Charger driven by Ramonte Davis. Mr. Davis is said to have pulled onto Southwest Army Post Road to back into a parking spot when Mr. Brooks crashed into the front fender of the Dodge. Mr. Brooks was pronounced dead at the scene and police believe that speed was a factor in the accident and have said that Mr. Brooks was wearing a helmet.

Not seeing motorcycles is an often given excuse for having caused a crash with one. A proper lookout is a lookout that looks not just for the obvious, but also the less than obvious drivers, like motorcycles. As a driver you aren’t responsible for just what you saw, but for what was obviously there or that you can anticipate can be there and is lawfully using the city streets and roadways. In this instance the driver of the car is most likely the at-fault driver and can be held liable to the estate and dependents. Before backing up look, look hard and look for motorcycles. They too have the right to use the roads and to assume other drivers will obey the laws in Iowa.

Originally posted at InjuryBoard by Steve Lombardi

Dog Bite Basics in Michigan

Timothy Smith — Tue, 24 Nov 2009 15:13:50 GMT

DOG BITE

In Michigan, when a dog bites a person, the person must sue the owner of the dog within three years from the date of the dog bite under MCL 600.5805(10). Proper plaintiffs would include:

· Person the dog bit and injured, as well as their spouse, child, or parent;

· Personal representative of the person killed in a dog attack, who would be a stand-in for the deceased and could recover on behalf of the dead person’s estate.

The proper defendant in a dog bite case includes:

1) the “registered owner” of the dog, or person who has represented him or herself to be the “owner”;

2) the “keeper,” or the “temporary caretaker” of the dog.

The jury will determine the fact question of whether the defendant having possession of the dog rises to “keeper” status and is usually defined as exercising the type of control over the dog that the owner would exert.

Three common potential causes of action for dog bite cases include:

1) The dog bite statutory action, applying to an owner of a dog

The good news in these cases is that generally if a dog bites a plaintiff, the plaintiff must only prove these facts:

· The dog bit the plaintiff and the plaintiff was injured as a result;

· The plaintiff did not provoke the bite, typically a fact question for your jury;

· The defendant owned the dog; and

· The plaintiff was lawfully at the location where the dog bite occurred.

2) Common law strict liability action against the dog owner and “keeper”

When the dog bite occurs while the dog is under the control of an owner or a “keeper,” who knew or should have known of the dog’s dangerous propensities, the plaintiff must prove in addition to the facts listed above.

3) Common law negligence

The same facts as listed under number 1 above plus that the owner or “possessor,” or temporary caretaker of the dog had the dog long enough to know of the dog’s dangerous propensities, breached a duty to the plaintiff of controlling the dog, and therefore was negligent.

More good news for Michigan victims related to defense of dog bite cases:

· Provoking the dog, an issue the jury will decide, is the only defense under a statutory claim

· Reacting to a dog’s viciousness does not constitute provocation under the statute.

If you or someone you know has been attcked by a dog, click here for a prior article I authored on how to treat bite injuries.

Originally posted at InjuryBoard by Timothy Smith

Woman Gets $8 Million Verdict from Richmond, Virginia (VA) Jury

John Cooper — Tue, 24 Nov 2009 14:47:13 GMT

A Richmond Circuit Court jury has returned an $8 million verdict to a Richmond woman in a law suit against the Greater Richmond Transit Bus (GRTC), the company that provides mass transit throughout the Richmond, Virginia (VA) area.

The accident happened within sight of the Richmond, Virginia (VA) courthouse. The woman was walking to the Library of Virginia, where she is a research Liberian, when she was struck by a GRTC bus on Marshall Street. The accident caused her to suffer fractures in her right shoulder blade, back, right sacrum, and left hip socket.

Thankfully, she mostly recovered from her injuries; however, she incurred $180,000 in medical bills. The woman also suffered from post-traumatic stress disorder, depression, and anxiety. According to her lawyer, the extent of her mental anguish was so severe that she was advised by a counselor and a psychotherapist not to be present in the courtroom during the trial. She will require $400,000 for future medical treatment.

The bus company admitted liability for the woman’s injuries and the jury returned an $8 million dollar verdict.

The lawyers at Shapiro, Cooper, Lewis & Appleton would like to congratulate Jason Konvicka on obtaining a strong result for his client. It was truly a job well done.

About the Editors: Shapiro, Cooper, Lewis & Appleton personal injury law firm (VA-NC law offices ) edits the injury law blogs Virginia Beach Injuryboard, Norfolk Injuryboard, and Northeast North Carolina Injuryboard as a pro bono service to consumers.

Originally posted at InjuryBoard by John Cooper

Stork Craft Recalls 2.1 Million Drop Side Cribs

Mike Bryant — Mon, 23 Nov 2009 22:16:03 GMT

Today, The U.S. Consumer Product Safety Commission and Stork Craft Manufacturing Inc., of British Columbia, Canada recalled 2.1 million Stork Craft drop-side cribs. drop-side plastic hardware can break, deform, or parts can become missing. In addition, the drop-side can be installed upside-down, which can result in broken or disengaged plastic parts. All of these problems can cause the drop-side to detach in one or more corners. When the drop-side detaches, it creates space between the drop-side and the crib mattress. The bodies of infants and toddlers can become entrapped in the space which can lead to suffocation. Complete detachment of drop-sides can lead to falls from the crib.

CPSC, Health Canada, and Stork Craft are aware of 110 incidents of drop-side detachment; 67 incidents occurred in the United States and 43 in Canada. The incidents include 15 entrapments; 12 in the U.S. and three in Canada. Four of the entrapments resulted in suffocation: a 7-month-old in Gouverneur, N.Y.; a 7-month-old in New Iberia, La.; a 6-month-old in Summersville, W.Va.; and a 9-month-old in Bronx, N.Y. Included in these incidents are 20 falls from cribs; 12 in the U.S. and eight in Canada. Fall injuries ranged from concussion to bumps and bruises.

http://www.youtube.com/watch?v=t2JehETgNjc&feature=player_embedded

The cribs involved in these incidents had plastic drop-side hardware that had broken, missing, or deformed claws, connectors, tracks, or flexible tab stops; loose or missing metal spring clips; stripped screws; and/or drop-sides installed upside-down.

The cribs were sold at major retailers including BJ’s Wholesale Club, J.C. Penney, Kmart, Meijer, Sears, USA Baby, and Wal-Mart stores and online at Amazon.com, Babiesrus.com, Costco.com, Target.com, and Walmart.com from January 1993 through October 2009 for between $100 and $400.

This recall includes Stork Craft cribs with manufacturing and distribution dates between January 1993 and October 2009. This recall also includes Stork Craft cribs with the Fisher-Price logo that have manufacturing dates between October 1997 and December 2004. The Stork Craft cribs with the Fisher-Price logo were first sold in the U.S. in July 1998 and in Canada in September 1998. The cribs were sold in various styles and finishes. The manufacture date, model number, crib name, country of origin, and the firm’s name, address, and contact information are located on the assembly instruction sheet attached to the mattress support board. The firm’s insignia “storkcraft baby” or “storkling” is inscribed on the drop-side teething rail of some cribs. In Stork Craft cribs that contain the “Fisher-Price” logo, this logo can be found on the crib’s teething rail, in the manufacturer’s instructions, on the assembly instruction sheet attached to the mattress support board, and on the end panels of the Twinkle-Twinkle and Crystal crib models.The cribs were manufactured in Canada, China and Indonesia.

Consumers should immediately stop using the recalled cribs and wait for the free repair kit, and do not attempt to fix the cribs without the kit. They should find an alternative, safe sleeping environment for their baby. Consumers should contact Stork Craft to receive a free repair kit that converts the drop-side on these cribs to a fixed side. Stork Craft can be contacted at (877) 274-0277or through their website www.storkcraft.com

If you or a family member is injured by a product, you need to get immediate medical care. If there is a significant affect or injury, you should contact an attorney concerning the problem. Early investigation can include the collection of product, checking recall alerts, and the proper notifying of those who caused the problem.

Originally posted at InjuryBoard by Mike Bryant

What You Do At the Scene of a Car Accident Can Make or Break Your Personal Injury Case

John Cooper — Sat, 21 Nov 2009 12:05:22 GMT

Odds are you will be involved in a car accident at some point in your life. In fact, The typical person will be in 4.5 wrecks on average in their lifetime. The National Highway Traffic Safety Administration (NHTSA) estimated that 2.35 million people were injured in a car accident in 2008 alone. If you find yourself involved in even a minor accident what you do at the scene may determine how smoothly your recovery process goes later on.

Get All the Facts

Once you have pulled your car to the side of the road and called for emergency assistance it is time to start collecting information. There is no such thing as too much information in a car accident. Talk to the other driver. Get their insurance information, name, address, license plate number and driver’s license number if you are able. Talk to the police. Ask for a business card and an incident number. This number will help you obtain a police report later on. Locate any witnesses that remained at the scene. Get their name, phone number and address so your lawyer can contact them about your accident. Also, be sure to jot down any information you can about the accident including the speed and direction you were traveling and any facts you can remember. If you injuries are severe enough, then you may not be able to do all this investigation, so if possible call a friend or relative to come help you at the accident scene.

Do Not Take the Blame

Car accidents can be jarring and often victims are not thinking clearly while their adrenaline is pumping. Even if you think you are to blame for the accident, do not accept liability. Do not discuss the accident with the other driver or any witnesses, only the police. There may be factors in the accident you are not aware of.

Seek Medical Attention

Adrenaline not only causes you to think unclearly, it can also mask pain. The police officer will ask you if you are hurt or need an ambulance, so be sure to tell him if you are hurt, or if unsure, tell the cop that you don't know the extent of your injury, but will drive yourself to the doctor. Even if you think you are not seriously injured you should still see a doctor. Many people sustain injuries in car accidents they were not aware of at the time. Be sure to tell the doctor if you are nauseas, light headed, dizzy, confused, disoriented, or have tinnitus as these could be a sign of a serious medical condition.

It is important that you seek medical attention as soon as possible. The longer you wait to see a doctor the easier it will be for your insurance company or the other driver to argue that you sustained your injuries after the car accident.

Hopefully you will never be involved in a car accident, but if you are, spend your time wisely. Get all the information you can, be careful not to accept liability, and see a doctor as soon as you are able. Remember that some information may be hard to recover after you leave the crash scene, like the names and numbers of eyewitnesses.

Originally posted at InjuryBoard by John Cooper

Texas Tort Reform: A Good National Model?

Beth Janicek — Mon, 16 Nov 2009 15:10:19 GMT

In 2003, the Texas Legislature passed medical liability reforms that capped non-economic damages for injured patients at $250,000, and brought the number of malpractice lawsuits down dramatically.

The conservative position on health care reform is that medical malpractice claims drive up health care costs and require doctors to practice “defensive medicine” which is costly and wasteful. They believe that medical malpractice lawsuits are a leading cause of rising health care costs. However, health economists and independent legal experts believe that malpractice liability costs are only a small fraction of the costs of the U.S. heath care system, and that medical errors are a huge cost to both the injured patients and the health care system as a whole.

Governor Rick Perry boasted that tort reform that capped injured patients damages was the answer to Texas’ problems. Contrary to his claim, McAllen, Texas is one of the most expensive health care markets in the country, with Medicare spending almost twice the national average per person. Harlingen and Corpus Christi also made the top ten list of expensive cities in the country to receive healthcare.

Caps do not prevent the numerous preventable medical malpractice injuries that occur in America. The caps on medical malpractice damages only limit that who are most seriously hurt by medical errors and does nothing to prevent “frivolous lawsuits”. Limiting damages did not reduce the medical costs in Texas and it won’t limit the costs on a national level either.

Originally posted at InjuryBoard by Beth Janicek