Defense says low-speed, low-impact accident could not have caused injuries
In a third-party auto negligence lawsuit, plaintiff driver sought compensatory damages from defendants for injuries sustained in an intersection accident.
The accident resulted in relatively minor damage to plaintiff’s SUV and to the defendants’ semi-truck.
Defendants disputed fault for the accident and argued that all of the plaintiff’s injuries were pre-existing. The defense further argued that this low-speed, low-impact accident that resulted in minor vehicle damage could not have caused the injuries, which, if anything, were minor.
Plaintiff was 38 years old at the time of the accident and underwent two spinal surgeries in the years thereafter.
The matter settled for $2.5 million.
Type of action: Third-party auto negligence
Type of injuries: Spinal injuries, herniated discs, cervical and lumber spine
Court/Case no./Date: Confidential; Confidential; Sept. 10, 2013
Are you in need of an auto accident lawyer?
download our accident quick reference guide.
Monday, November 25, 2013
Dream On Me Recalls Cradle Gliders Due to Infant Fall Hazard
Consumers should stop using this product unless otherwise instructed. It is illegal to resell or attempt to resell a recalled consumer product.
Recall date: November 13, 2013
Recall number: 14-019
Recall Summary
Name of product:
Lullaby Cradle Glider
Hazard:
The mattress support board can fall out or slide out of the bottom of the cradle glider posing a risk that babies can fall out and suffer injuries.
Remedy:
View Details
Repair
Consumer Contact:
Dream On Me toll-free at (877) 201-4317 from 9 a.m. to 5 p.m. ET Monday through Thursday and 8 a.m. to 4 p.m. Friday or online at www.dreamonme.com and click on the Recalls tab for more information.
From the CPSC
Are you in need of a product liability injury lawyer?
Recall date: November 13, 2013
Recall number: 14-019
Recall Summary
Name of product:
Lullaby Cradle Glider
Hazard:
The mattress support board can fall out or slide out of the bottom of the cradle glider posing a risk that babies can fall out and suffer injuries.
Remedy:
View Details
Repair
Consumer Contact:
Dream On Me toll-free at (877) 201-4317 from 9 a.m. to 5 p.m. ET Monday through Thursday and 8 a.m. to 4 p.m. Friday or online at www.dreamonme.com and click on the Recalls tab for more information.
From the CPSC
Are you in need of a product liability injury lawyer?
Friday, November 22, 2013
“Stand By Your Pan”: Cook Safely This Thanksgiving to Prevent Kitchen Fires
WASHINGTON, D.C. – The U.S. Consumer Product Safety Commission (CPSC) is alerting consumers that the threat
of fires in the kitchen triples on Thanksgiving Day. From 2009 through
2011, there was an average of about 1,300 cooking fires on Thanksgiving
Day. This is more than three times the average daily rate from 2009
through 2011 of about 400 cooking fires a day.
“As fire safety experts have said for years, ‘Stand by your pan!’” said CPSC Chairman Inez Tenenbaum. “If you are frying, grilling or broiling food, stay in the kitchen. Not following this advice can be a recipe for disaster on Thanksgiving and throughout the year.” When it comes to fires in the home, cooking fires are number one. They accounted for nearly 150,000 fires (more than 40 percent of all annual unintentional residential fires) each year from 2009 through 2011. Unattended cooking is the top cause of cooking fires. Cooking fires also caused the most home fire-related injuries, with an estimated annual average of nearly 27 percent, or 3,450 injuries each year.
Overall, CPSC estimates an average of 362,300 unintentional
residential fires, 2,260 deaths, 12,820 injuries and nearly $7 billion
in property damage attended by the fire service occurring each year
between 2009 and 2011.
To stay safe in the kitchen, avoid wearing loose-fitting clothing with long sleeves near ranges or ovens, watch children closely so they don’t come into contact with cooking food or hot stovetops, turn pan handles toward the back of the stove to prevent kids and others from spilling a pan’s scalding contents onto themselves.
In the event of a fire, call
911. Cover a pan with a lid to smother the flames. Never pour water or
flour on a fire. That can make it worse. Keep a fire extinguisher in the
kitchen.
“Turkey fryer fires can be explosive and result in serious burns,” said Glenn Gaines, Deputy U.S. Fire Administrator for the United States Fire Administration (USFA). “Only use a turkey fryer outside and away from your home. Never use it in a garage or on a porch. Don’t overfill the oil or leave the turkey fryer unattended.”
Since 2003, there have been more than 125 turkey fryer-related fires, burns, explosions, smoke inhalations, or laceration incidents reported to CPSC staff. There were 55 injuries among these incidents, but none were fatal. For the incidents reporting a dollar value for the property loss, the total loss reported was around $6 million. Additional incidents involving turkey fryers may have occurred that were not reported to CPSC.
Consumers should also protect themselves by installing smoke alarms in their homes. “Roughly three out of five home fire deaths happen in homes with no smoke alarms or no working smoke alarms,” said Jim Shannon, President of the National Fire Protection Association. “Smoke alarms save lives. Having a working smoke alarm cuts the chances of dying in a fire in half.”
Change the batteries in smoke alarms at least once every year and test the alarms every month to make sure they are working.
To provide a better warning of a fire and more escape time, install more than one alarm and interconnect all smoke alarms in the home. Interconnected alarms speak to one another, so if there is a fire in one part of the house, the interconnected alarms sound throughout the house and alert consumers to the fire more quickly.
For the best protection, install alarms on every level of the home, outside sleeping areas and inside each bedroom, and use both ionization and photoelectric alarms. Alarms that are powered by house wiring should have a battery backup.
Smoke alarms provide the warning, but every family should have a fire escape plan as well. Practice the escape plan with everyone in the house so they can get out quickly. The escape plan should include two ways out of each room (as practical) and a family meeting place that is outside where everyone can meet if there is a fire in the home.
The U.S. Consumer Product Safety Commission is charged with protecting the public from unreasonable risks of injury or death associated with the use of thousands of types of consumer products under the agency’s jurisdiction. Deaths, injuries, and property damage from consumer product incidents cost the nation more than $1 trillion annually. CPSC is committed to protecting consumers and families from products that pose a fire, electrical, chemical or mechanical hazard. CPSC's work to help ensure the safety of consumer products - such as toys, cribs, power tools, cigarette lighters and household chemicals -– contributed to a decline in the rate of deaths and injuries associated with consumer products over the past 40 years.
Federal law bars any person from selling products subject to a publicly-announced voluntary recall by a manufacturer or a mandatory recall ordered by the Commission.
Are you in need of a personal injury lawyer?
“As fire safety experts have said for years, ‘Stand by your pan!’” said CPSC Chairman Inez Tenenbaum. “If you are frying, grilling or broiling food, stay in the kitchen. Not following this advice can be a recipe for disaster on Thanksgiving and throughout the year.” When it comes to fires in the home, cooking fires are number one. They accounted for nearly 150,000 fires (more than 40 percent of all annual unintentional residential fires) each year from 2009 through 2011. Unattended cooking is the top cause of cooking fires. Cooking fires also caused the most home fire-related injuries, with an estimated annual average of nearly 27 percent, or 3,450 injuries each year.
To stay safe in the kitchen, avoid wearing loose-fitting clothing with long sleeves near ranges or ovens, watch children closely so they don’t come into contact with cooking food or hot stovetops, turn pan handles toward the back of the stove to prevent kids and others from spilling a pan’s scalding contents onto themselves.
“Turkey fryer fires can be explosive and result in serious burns,” said Glenn Gaines, Deputy U.S. Fire Administrator for the United States Fire Administration (USFA). “Only use a turkey fryer outside and away from your home. Never use it in a garage or on a porch. Don’t overfill the oil or leave the turkey fryer unattended.”
Since 2003, there have been more than 125 turkey fryer-related fires, burns, explosions, smoke inhalations, or laceration incidents reported to CPSC staff. There were 55 injuries among these incidents, but none were fatal. For the incidents reporting a dollar value for the property loss, the total loss reported was around $6 million. Additional incidents involving turkey fryers may have occurred that were not reported to CPSC.
Consumers should also protect themselves by installing smoke alarms in their homes. “Roughly three out of five home fire deaths happen in homes with no smoke alarms or no working smoke alarms,” said Jim Shannon, President of the National Fire Protection Association. “Smoke alarms save lives. Having a working smoke alarm cuts the chances of dying in a fire in half.”
Change the batteries in smoke alarms at least once every year and test the alarms every month to make sure they are working.
To provide a better warning of a fire and more escape time, install more than one alarm and interconnect all smoke alarms in the home. Interconnected alarms speak to one another, so if there is a fire in one part of the house, the interconnected alarms sound throughout the house and alert consumers to the fire more quickly.
For the best protection, install alarms on every level of the home, outside sleeping areas and inside each bedroom, and use both ionization and photoelectric alarms. Alarms that are powered by house wiring should have a battery backup.
Smoke alarms provide the warning, but every family should have a fire escape plan as well. Practice the escape plan with everyone in the house so they can get out quickly. The escape plan should include two ways out of each room (as practical) and a family meeting place that is outside where everyone can meet if there is a fire in the home.
The U.S. Consumer Product Safety Commission is charged with protecting the public from unreasonable risks of injury or death associated with the use of thousands of types of consumer products under the agency’s jurisdiction. Deaths, injuries, and property damage from consumer product incidents cost the nation more than $1 trillion annually. CPSC is committed to protecting consumers and families from products that pose a fire, electrical, chemical or mechanical hazard. CPSC's work to help ensure the safety of consumer products - such as toys, cribs, power tools, cigarette lighters and household chemicals -– contributed to a decline in the rate of deaths and injuries associated with consumer products over the past 40 years.
Federal law bars any person from selling products subject to a publicly-announced voluntary recall by a manufacturer or a mandatory recall ordered by the Commission.
Are you in need of a personal injury lawyer?
$1.3 million Settlement: Motorcyclist hit, killed in highway exit collision
Plaintiff says driver who had diabetic seizure had chances to stop earlier
In a wrongful death action plaintiff sought compensatory damages from defendants.
On June 25, 2012, defendant was working in the scope of his employment. He was driving a van on eastbound Interstate 94 in Kalamazoo County when he began driving erratically.
He got off the highway at the Portage Road exit, where he collided with the vehicle in front of him. That vehicle, in turn, hit plaintiff motorcyclist who was killed instantly.
The police arrived and performed an investigation. Officials stated that Smith had suffered a diabetic seizure, causing him essentially to lose consciousness prior to the collision.
Defendants argued that a sudden emergency caused the accident.
Plaintiff’s accident reconstruction expert mapped out how many minutes defendant had been on the road when he first started having symptoms of an impending diabetic seizure. The report noted that defendant could have gotten off the highway sooner at the available exits before Portage Road, and that other evasive measures could have been taken to avoid the accident.
The matter settled in Kalamazoo County Circuit Court for $1.3 million.
Type of action: Wrongful death
Type of injuries: Death, loss of companionship and society
Court/Case no./Date: Kalamazoo County Circuit Court; 12-0649-NI; Jan. 11, 2013
Settlement amount: $1.3 million
Are you in need of a motorcycle accident lawyer?
Download our accident quick reference guide.
In a wrongful death action plaintiff sought compensatory damages from defendants.
On June 25, 2012, defendant was working in the scope of his employment. He was driving a van on eastbound Interstate 94 in Kalamazoo County when he began driving erratically.
He got off the highway at the Portage Road exit, where he collided with the vehicle in front of him. That vehicle, in turn, hit plaintiff motorcyclist who was killed instantly.
The police arrived and performed an investigation. Officials stated that Smith had suffered a diabetic seizure, causing him essentially to lose consciousness prior to the collision.
Defendants argued that a sudden emergency caused the accident.
Plaintiff’s accident reconstruction expert mapped out how many minutes defendant had been on the road when he first started having symptoms of an impending diabetic seizure. The report noted that defendant could have gotten off the highway sooner at the available exits before Portage Road, and that other evasive measures could have been taken to avoid the accident.
The matter settled in Kalamazoo County Circuit Court for $1.3 million.
Type of action: Wrongful death
Type of injuries: Death, loss of companionship and society
Court/Case no./Date: Kalamazoo County Circuit Court; 12-0649-NI; Jan. 11, 2013
Settlement amount: $1.3 million
Are you in need of a motorcycle accident lawyer?
Download our accident quick reference guide.
LED Candelabra Lights Recalled by Infinity Green Products Due to Fire Hazard (Recall Alert)
Consumers should stop using this product unless otherwise instructed. It is illegal to resell or attempt to resell a recalled consumer product.
Recall date: November 05, 2013
Recall number: 14-702
Recall Summary
Name of product:
Candelabra LED Bulbs
Hazard:
The bulbs can overheat and catch fire, posing a fire hazard.
Remedy:
View Details
Refund
Consumer Contact:
Infinity Green Products toll-free at (855) 376-3260 from 10 a.m. to 4 p.m. PT Monday through Friday or online at www.infinitygreenproducts.com and click on Recall for more information.
From the CPSC
Are you in need of a product liability injury lawyer?
Recall date: November 05, 2013
Recall number: 14-702
Recall Summary
Name of product:
Candelabra LED Bulbs
Hazard:
The bulbs can overheat and catch fire, posing a fire hazard.
Remedy:
View Details
Refund
Consumer Contact:
Infinity Green Products toll-free at (855) 376-3260 from 10 a.m. to 4 p.m. PT Monday through Friday or online at www.infinitygreenproducts.com and click on Recall for more information.
From the CPSC
Are you in need of a product liability injury lawyer?
Thursday, November 21, 2013
$925,000 Settlement: Woman fractures hip, Amputation of right leg in crash
On July 9, 2012, at approximately 3 p.m. plaintiff female driver was traveling on a busy road, approaching an intersection. The weather was clear, the roads were dry, and she was only about two miles from her home.
Defendant female driver was traveling eastbound on the same road, and as she approached the intersection, she realized that she missed her turn. In an effort to turn around, defendant began to make a left-hand turn, but failed to yield, turning directly in front of plaintiff’s vehicle. The two cars collided head on.
Plaintiff was trapped in her vehicle. First responders arrived at the scene of the crash and had to extricate plaintiff before she could be airlifted to University of Michigan Hospital in Ann Arbor.
There, her right leg was amputated and she underwent surgery to replace a fractured left hip. She continues to suffer from a foot drop that requires a brace.
Prior to the accident, plaintiff, a senior citizen, lived independently in a large white farmhouse situated on 75 acres. She drove her own car, shopped for her own groceries, and even mowed her expansive lawn and was otherwise self-sufficient.
Defendant admitted liability, leaving only the extent of plaintiff’s damages to be determined.
The matter settled for $925,000.
Type of action: Auto negligence
Type of injuries: Amputation of right leg, replacement of fractured left hip, extensive pain and suffering
Court/Case no./Date: Confidential; confidential; July 30, 2013
Settlement amount: $925,000
Are you in need of an auto accident lawyer?
Click to print our auto accident quick reference guide.
Defendant female driver was traveling eastbound on the same road, and as she approached the intersection, she realized that she missed her turn. In an effort to turn around, defendant began to make a left-hand turn, but failed to yield, turning directly in front of plaintiff’s vehicle. The two cars collided head on.
Plaintiff was trapped in her vehicle. First responders arrived at the scene of the crash and had to extricate plaintiff before she could be airlifted to University of Michigan Hospital in Ann Arbor.
There, her right leg was amputated and she underwent surgery to replace a fractured left hip. She continues to suffer from a foot drop that requires a brace.
Prior to the accident, plaintiff, a senior citizen, lived independently in a large white farmhouse situated on 75 acres. She drove her own car, shopped for her own groceries, and even mowed her expansive lawn and was otherwise self-sufficient.
Defendant admitted liability, leaving only the extent of plaintiff’s damages to be determined.
The matter settled for $925,000.
Type of action: Auto negligence
Type of injuries: Amputation of right leg, replacement of fractured left hip, extensive pain and suffering
Court/Case no./Date: Confidential; confidential; July 30, 2013
Settlement amount: $925,000
Are you in need of an auto accident lawyer?
Click to print our auto accident quick reference guide.
One World Technologies Recalls Ryobi Battery Chargers Due to Fire and Burn Hazards
Consumers should stop using this product unless otherwise instructed. It is illegal to resell or attempt to resell a recalled consumer product.
Recall date: November 05, 2013
Recall number: 14-014
Previous Next
Recall Summary
Name of product:
Ryobi P113 Dual Chemistry Battery Chargers
Hazard:
The chargers can malfunction, posing fire and burn hazards to consumers.
Remedy:
View Details
Replace
Consumer Contact:
One World Technologies toll-free at (800) 597-9624 from 8 a.m. to 5 p.m. ET Monday through Friday or online at www.ryobitools.com and click on Important Safety Information at the bottom of the page for more information.
From the CPSC?
Are you in need of a product liability injury lawyer?
Recall date: November 05, 2013
Recall number: 14-014
Previous Next
Recall Summary
Name of product:
Ryobi P113 Dual Chemistry Battery Chargers
Hazard:
The chargers can malfunction, posing fire and burn hazards to consumers.
Remedy:
View Details
Replace
Consumer Contact:
One World Technologies toll-free at (800) 597-9624 from 8 a.m. to 5 p.m. ET Monday through Friday or online at www.ryobitools.com and click on Important Safety Information at the bottom of the page for more information.
From the CPSC?
Are you in need of a product liability injury lawyer?
Wednesday, November 13, 2013
$4 million Settlement: Bicyclist suffers traumatic brain injury in truck accident
Defendant argues plaintiff did not have immediate family, wasn’t naturalized
Plaintiff, a 54-year-old non-U.S. citizen, was riding his bicycle on the gravel shoulder portion of a rural Michigan roadway. Defendant truck driver veered to the right, off the roadway, and onto the gravel shoulder portion of the roadway, colliding with plaintiff’s bicycle and knocking him to the ground.
The accident caused a traumatic brain injury, resulting in the necessity for multiple surgical interventions. Plaintiff was subsequently placed into a brain injury facility where he remains as an in-patient, undergoing occupational and speech therapy and other therapies.
Plaintiff was a seasonal farm worker who has been permanently disabled as a consequence of subject crash.
Deposition testimony of the investigating police officers reflected that defendant had a clear and unobstructed view of the roadway, and that the roadway, other traffic and weather conditions did not contribute to the crash. The officers also said that plaintiff did nothing to contribute to his injury.
Defendant argued that plaintiff’s lack of U.S. citizenship, spotty work history and lack of immediate family members should result in a minimal financial recovery.
The matter settled for $4 million prior to trial.
Type of action: Third-party tort liability
Type of injuries: Traumatic brain injury resulting in total and permanent disability
Name of case: Confidential
Court/Case no./Date: Confidential; confidential; March 11, 2013
Settlement amount: $4 million
Are you in need of a traumatic brain injury lawyer?
Plaintiff, a 54-year-old non-U.S. citizen, was riding his bicycle on the gravel shoulder portion of a rural Michigan roadway. Defendant truck driver veered to the right, off the roadway, and onto the gravel shoulder portion of the roadway, colliding with plaintiff’s bicycle and knocking him to the ground.
The accident caused a traumatic brain injury, resulting in the necessity for multiple surgical interventions. Plaintiff was subsequently placed into a brain injury facility where he remains as an in-patient, undergoing occupational and speech therapy and other therapies.
Plaintiff was a seasonal farm worker who has been permanently disabled as a consequence of subject crash.
Deposition testimony of the investigating police officers reflected that defendant had a clear and unobstructed view of the roadway, and that the roadway, other traffic and weather conditions did not contribute to the crash. The officers also said that plaintiff did nothing to contribute to his injury.
Defendant argued that plaintiff’s lack of U.S. citizenship, spotty work history and lack of immediate family members should result in a minimal financial recovery.
The matter settled for $4 million prior to trial.
Type of action: Third-party tort liability
Type of injuries: Traumatic brain injury resulting in total and permanent disability
Name of case: Confidential
Court/Case no./Date: Confidential; confidential; March 11, 2013
Settlement amount: $4 million
Are you in need of a traumatic brain injury lawyer?
Calphalon Recalls Blenders Due to Injury Hazard
Consumers should stop using this product unless otherwise instructed. It is illegal to resell or attempt to resell a recalled consumer product.
Recall date: October 31, 2013
Recall number: 14-012
Recall Summary
Name of product:
Blenders
Hazard:
A piece of the blender’s mixing blade unit can break off during use, posing an injury hazard.
Remedy:
View Details
Repair
Consumer Contact:
Calphalon at (800)-809-7267, from 8 a.m. to 5 p.m. ET Monday through Friday or online at www.Calphalon.com and click on “XL 9 Speed Blender Recall Information” for more information.
From the CPSC
Are you in need of a product liability injury lawyer?
Recall date: October 31, 2013
Recall number: 14-012
Recall Summary
Name of product:
Blenders
Hazard:
A piece of the blender’s mixing blade unit can break off during use, posing an injury hazard.
Remedy:
View Details
Repair
Consumer Contact:
Calphalon at (800)-809-7267, from 8 a.m. to 5 p.m. ET Monday through Friday or online at www.Calphalon.com and click on “XL 9 Speed Blender Recall Information” for more information.
From the CPSC
Are you in need of a product liability injury lawyer?
Monday, November 11, 2013
$259,205 Verdict: Woman wants carrier to pay nursing home expenses
She says back troubles from crash progressed to where she couldn’t walk
Plaintiff sought first-party no-fault benefits from defendant Auto Club of Michigan, for back injuries sustained in an accident.
On Nov. 22, 2010, crashed her car through the garage door of her Bay City home. She did not get medical attention for her back injuries, opting to take pain relievers instead.
On Jan. 24, 2011, she saw her family doctor for her back injuries. The doctor determined Wentworth had compression fractures in the thoracic region of her back.
The next day, she underwent a cardiac catheterization for an unrelated ailment. After the procedure, she was transferred from the hospital to a nursing home for recuperation. Her heart issues resolved within a month, but she remained in the nursing home because her back injuries progressed to the point where she could not walk anymore.
She submitted a claim to Auto Club, seeking reimbursement for her nursing home expenses. In April 2011, Auto Club sent her to a defense independent medical examiner, where the physicians opined that her back injuries were not related to the November 2010 accident.
Defendant argued that plaintiff’s nursing home stay was not the direct result of the injuries she suffered in the crash, and that defendant did not owe her reimbursement.
Plaintiff contended that her move to the nursing home was a direct result of the injuries she suffered in the accident. Plaintiff used anecdotal and photographic evidence to show that her health prior to the accident was very good, and that her posture and mobility had changed shortly after the crash.
In addition, plaintiff’s treating physician, who had treated her for 14 years prior to the accident, testified that plaintiff had no prior back problems.
A Bay County jury determined that plaintiff sustained bodily injury as a result of the November 2010 accident and was entitled to allowable expenses. The jury awarded $228,830 in expenses and $30,375 in interest.
Type of action: First-party no-fault
Type of injuries: back injuries, compression fracture in thoracic region
Court/Case no./Date: Bay County Circuit Court; 11-3957-NI; Sept. 19, 2013
Are you in need of an auto accident lawyer?
Plaintiff sought first-party no-fault benefits from defendant Auto Club of Michigan, for back injuries sustained in an accident.
On Nov. 22, 2010, crashed her car through the garage door of her Bay City home. She did not get medical attention for her back injuries, opting to take pain relievers instead.
On Jan. 24, 2011, she saw her family doctor for her back injuries. The doctor determined Wentworth had compression fractures in the thoracic region of her back.
The next day, she underwent a cardiac catheterization for an unrelated ailment. After the procedure, she was transferred from the hospital to a nursing home for recuperation. Her heart issues resolved within a month, but she remained in the nursing home because her back injuries progressed to the point where she could not walk anymore.
She submitted a claim to Auto Club, seeking reimbursement for her nursing home expenses. In April 2011, Auto Club sent her to a defense independent medical examiner, where the physicians opined that her back injuries were not related to the November 2010 accident.
Defendant argued that plaintiff’s nursing home stay was not the direct result of the injuries she suffered in the crash, and that defendant did not owe her reimbursement.
Plaintiff contended that her move to the nursing home was a direct result of the injuries she suffered in the accident. Plaintiff used anecdotal and photographic evidence to show that her health prior to the accident was very good, and that her posture and mobility had changed shortly after the crash.
In addition, plaintiff’s treating physician, who had treated her for 14 years prior to the accident, testified that plaintiff had no prior back problems.
A Bay County jury determined that plaintiff sustained bodily injury as a result of the November 2010 accident and was entitled to allowable expenses. The jury awarded $228,830 in expenses and $30,375 in interest.
Type of action: First-party no-fault
Type of injuries: back injuries, compression fracture in thoracic region
Court/Case no./Date: Bay County Circuit Court; 11-3957-NI; Sept. 19, 2013
Are you in need of an auto accident lawyer?
Snoopy Sno-Cone Machines Recalled by LaRose Industries Due to Risk of Mouth Injury
Consumers should stop using this product unless otherwise instructed. It is illegal to resell or attempt to resell a recalled consumer product.
Recall date: October 31, 2013
Recall number: 14-010
Recall Summary
Name of product:
Snoopy Sno-Cone Machines
Hazard:
A brass rivet can fall out of the sno-cone machine’s ice-shaving cylinder and into a sno-cone, posing a risk of injury to the mouth or the teeth.
Remedy:
View Details
Repair
Consumer Contact:
LaRose Industries toll-free at (855) 345-4693 between 8:30 a.m. and 5:30 p.m. ET Monday through Friday, email recall@laroseindustries or online at www.laroseindustries.com which takes consumers to the Cra-Z-Art website and click on the Recall tab more information.
From the CPSC
Are you in need of a product liability injury lawyer?
Recall date: October 31, 2013
Recall number: 14-010
Recall Summary
Name of product:
Snoopy Sno-Cone Machines
Hazard:
A brass rivet can fall out of the sno-cone machine’s ice-shaving cylinder and into a sno-cone, posing a risk of injury to the mouth or the teeth.
Remedy:
View Details
Repair
Consumer Contact:
LaRose Industries toll-free at (855) 345-4693 between 8:30 a.m. and 5:30 p.m. ET Monday through Friday, email recall@laroseindustries or online at www.laroseindustries.com which takes consumers to the Cra-Z-Art website and click on the Recall tab more information.
From the CPSC
Are you in need of a product liability injury lawyer?
Friday, November 8, 2013
$250,000 Settlement: Shipmate’s feet crushed when tractor, trailer don’t engage
It’s argued equipment passed its service life, not properly maintained
Plaintiff, 57, worked for defendant shipping company for three years. Defendant operated a single car ferry, which was a coal-fired vessel that would transport the “orphan” trailer section of a tractor-trailer to each port.
On September 7, 2011, while the vessel was unloading vehicles in Manitowac, Wis., the crew attempted to utilize the vessel’s white tractor to unload an asphalt trailer from the ferry. The tractor and trailer were of incompatible configurations, and would not mate.
The first mate appraised the situation, then went ashore to retrieve the black tractor normally assigned exclusively to maneuvering the vessel’s coal trailer and backed the vehicle aboard the vessel to engage it with the asphalt trailer. When the tractor and trailer appeared to engage, the mate attempted to perform the tug test.
Plaintiff then stepped in to hook up the air brake lines of the tractor to the trailer after gaining eye contact with the mate. The mate then unexpectedly attempted to move the tractor forward without warning or signaling plaintiff. The fifth wheel of the black tractor did not engage with the kingpin of the trailer, allowing it to move forward and roll over plaintiff’s feet, crushing them.
Plaintiff initially refused medical care because he wanted to stay on the vessel for its return trip and could obtain medical care in Ludington, Mich. There, he was diagnosed with a bilateral crush injury of the feet with an avulsion fracture of the right lateral talus and left tarsal bone.
Plaintiff argued that the incident and plaintiff’s injury and disability were caused by the malfunction of the fifth wheel of the black tractor, as a result of the failure to properly maintain the equipment and because it was beyond its reasonable service life.
The matter settled for $250,000.
Type of action: Seaman’s personal injury pursuant to the Jones Act
Type of injuries: Feet
Name of case: Confidential
Court/Case no./Date: U.S. District Court, Eastern District of Michigan; confidential; April 12, 2013
Are you in need of a personal injury lawyer?
Plaintiff, 57, worked for defendant shipping company for three years. Defendant operated a single car ferry, which was a coal-fired vessel that would transport the “orphan” trailer section of a tractor-trailer to each port.
On September 7, 2011, while the vessel was unloading vehicles in Manitowac, Wis., the crew attempted to utilize the vessel’s white tractor to unload an asphalt trailer from the ferry. The tractor and trailer were of incompatible configurations, and would not mate.
The first mate appraised the situation, then went ashore to retrieve the black tractor normally assigned exclusively to maneuvering the vessel’s coal trailer and backed the vehicle aboard the vessel to engage it with the asphalt trailer. When the tractor and trailer appeared to engage, the mate attempted to perform the tug test.
Plaintiff then stepped in to hook up the air brake lines of the tractor to the trailer after gaining eye contact with the mate. The mate then unexpectedly attempted to move the tractor forward without warning or signaling plaintiff. The fifth wheel of the black tractor did not engage with the kingpin of the trailer, allowing it to move forward and roll over plaintiff’s feet, crushing them.
Plaintiff initially refused medical care because he wanted to stay on the vessel for its return trip and could obtain medical care in Ludington, Mich. There, he was diagnosed with a bilateral crush injury of the feet with an avulsion fracture of the right lateral talus and left tarsal bone.
Plaintiff argued that the incident and plaintiff’s injury and disability were caused by the malfunction of the fifth wheel of the black tractor, as a result of the failure to properly maintain the equipment and because it was beyond its reasonable service life.
The matter settled for $250,000.
Type of action: Seaman’s personal injury pursuant to the Jones Act
Type of injuries: Feet
Name of case: Confidential
Court/Case no./Date: U.S. District Court, Eastern District of Michigan; confidential; April 12, 2013
Are you in need of a personal injury lawyer?
Southern Telecom Recalls A/C Adaptors for Polaroid Internet Tablets Due to Fire Hazard; Sold Exclusively at Big Lots
Consumers should stop using this product unless otherwise instructed. It is illegal to resell or attempt to resell a recalled consumer product.
Recall date: October 30, 2013
Recall number: 14-008
Recall Summary
Name of product:
A/C Adaptor (charger) included with Polaroid PMID 709 Internet Tablets
Hazard:
The adaptors can overheat, posing a fire hazard.
Remedy:
View Details
Replace
Consumer Contact:
Southern Telecom toll-free at (866) 450-4493 from 8 a.m. to 10 p.m. ET Monday through Friday or online at www.southerntelecom.com and go to Product Support and click on “PMID709 A/C Adaptor Exchange Program” for more information.
From the CPSC
Are you in need of a product liability injury lawyer?
Recall date: October 30, 2013
Recall number: 14-008
Recall Summary
Name of product:
A/C Adaptor (charger) included with Polaroid PMID 709 Internet Tablets
Hazard:
The adaptors can overheat, posing a fire hazard.
Remedy:
View Details
Replace
Consumer Contact:
Southern Telecom toll-free at (866) 450-4493 from 8 a.m. to 10 p.m. ET Monday through Friday or online at www.southerntelecom.com and go to Product Support and click on “PMID709 A/C Adaptor Exchange Program” for more information.
From the CPSC
Are you in need of a product liability injury lawyer?
Thursday, November 7, 2013
$70,000 Settlement: Dressing room rack falls, hits woman on head
Plaintiff claims neck pain from pre-existing fusion; case evaluation accepted
In 2012, plaintiff was in a fitting room at defendant department store, where her daughter was trying on dresses. A rack fell from the wall and struck her on the head.
Plaintiff asserted that her injuries included neck pain stemming from a pre-existing neck fusion. In addition, she complained of headache and head pain.
Plaintiff argued that defendant was negligent in failing to inspect and main the fixtures of the fitting room.
Defendant conceded liability, so the discussion concerned the amount and extent of the damages.
Type of action: Personal injury
Type of injuries: Head and neck
Court/Case no./Date: Oakland County Circuit Court; 2012-129921-NO; Sept. 12, 2013
Are you in need of a personal injury lawyer?
In 2012, plaintiff was in a fitting room at defendant department store, where her daughter was trying on dresses. A rack fell from the wall and struck her on the head.
Plaintiff asserted that her injuries included neck pain stemming from a pre-existing neck fusion. In addition, she complained of headache and head pain.
Plaintiff argued that defendant was negligent in failing to inspect and main the fixtures of the fitting room.
Defendant conceded liability, so the discussion concerned the amount and extent of the damages.
Type of action: Personal injury
Type of injuries: Head and neck
Court/Case no./Date: Oakland County Circuit Court; 2012-129921-NO; Sept. 12, 2013
Are you in need of a personal injury lawyer?
BreathableBaby Recalls Wearable Blanket Due to Choking Hazard
Consumers should stop using this product unless otherwise instructed. It is illegal to resell or attempt to resell a recalled consumer product.
Recall date: October 29, 2013
Recall number: 14-007
Recall Summary
Name of product:
BreathableSack wearable blanket for infants
Hazard:
The zipper pull tabs and sliders can detach posing a choking hazard to infants.
Remedy:
View Details
Replace
Consumer Contact:
BreathableBaby toll-free at (877) 827-4442 from 9 a.m. to 4 p.m. CT Monday through Thursday or online at www.breathablebaby.com and click on Recall Information.
From the CPSC
Are you in need of a product liability injury lawyer?
Recall date: October 29, 2013
Recall number: 14-007
Recall Summary
Name of product:
BreathableSack wearable blanket for infants
Hazard:
The zipper pull tabs and sliders can detach posing a choking hazard to infants.
Remedy:
View Details
Replace
Consumer Contact:
BreathableBaby toll-free at (877) 827-4442 from 9 a.m. to 4 p.m. CT Monday through Thursday or online at www.breathablebaby.com and click on Recall Information.
From the CPSC
Are you in need of a product liability injury lawyer?
Tuesday, November 5, 2013
$90,000 Settlement: Driver incurs torn rotator cuff in collision
First-, third-party defense argue previous injuries, impairment threshold
On Oct. 11, 2011, plaintiff was driving northbound on Greenfield Road at the intersection of Lincoln Road in Oak Park. Defendant also heading northbound, tried to move from the outer lane into the inner lane, and hit plaintiff’s van. The impact pushed the van over the curb and onto the median.
Plaintiff had surgery for a torn rotator cuff and a supraspinatus tendon tear.
Defendants for the first- and third-party carriers argued that the serious impairment threshold had not been met and that plaintiff had pre-existing medical issues.
At facilitation the matter settled for $37,500 for the first-party claim and $52,500 for the third-party claim.
Type of action: First-party no-fault, third-party personal injury
Type of injuries: Torn rotator cuff, tear of supraspinitus tendon
Court/Case no./Date: Oakland County Circuit Court; 2012-128308-NI; Sept. 25, 2013
Settlement amount: $37,500 (first-party claim), $52,500 (third-party claim)
Are you in need of an auto accident lawyer?
Print our accident quick reference guide.
On Oct. 11, 2011, plaintiff was driving northbound on Greenfield Road at the intersection of Lincoln Road in Oak Park. Defendant also heading northbound, tried to move from the outer lane into the inner lane, and hit plaintiff’s van. The impact pushed the van over the curb and onto the median.
Plaintiff had surgery for a torn rotator cuff and a supraspinatus tendon tear.
Defendants for the first- and third-party carriers argued that the serious impairment threshold had not been met and that plaintiff had pre-existing medical issues.
At facilitation the matter settled for $37,500 for the first-party claim and $52,500 for the third-party claim.
Type of action: First-party no-fault, third-party personal injury
Type of injuries: Torn rotator cuff, tear of supraspinitus tendon
Court/Case no./Date: Oakland County Circuit Court; 2012-128308-NI; Sept. 25, 2013
Settlement amount: $37,500 (first-party claim), $52,500 (third-party claim)
Are you in need of an auto accident lawyer?
Print our accident quick reference guide.
Crate and Barrel Recalls Finley Hanging Pendant Lamps Due to Fire and Shock Hazards
Consumers should stop using this product unless otherwise instructed. It is illegal to resell or attempt to resell a recalled consumer product.
Recall date: October 24, 2013
Recall number: 14-004
Recall Summary
Name of product:
Hanging pendant lamps
Hazard:
The lamp’s wires can be connected incorrectly because the wires’ polarity labels can fall off or be mislabeled, posing fire and shock hazards to consumers.
Remedy:
View Details
Refund Replace
Consumer Contact:
Crate and Barrel at (800) 451-8217 from 7 a.m. to 9 p.m. CT every day or online at www.crateandbarrel.com and click on Safety Recall at the bottom of the page for more information.
From the CPSC
Are you in need of a product liability injury lawyer?
Recall date: October 24, 2013
Recall number: 14-004
Recall Summary
Name of product:
Hanging pendant lamps
Hazard:
The lamp’s wires can be connected incorrectly because the wires’ polarity labels can fall off or be mislabeled, posing fire and shock hazards to consumers.
Remedy:
View Details
Refund Replace
Consumer Contact:
Crate and Barrel at (800) 451-8217 from 7 a.m. to 9 p.m. CT every day or online at www.crateandbarrel.com and click on Safety Recall at the bottom of the page for more information.
From the CPSC
Are you in need of a product liability injury lawyer?
Subscribe to:
Posts (Atom)