According to local reports a daycare owner has been arrested for allegedly giving children antihistamines with milk to put them to sleep in Val Alsytne Texas. Kimberly Lane was arrested Thursday September 8 on 16 counts of child endangerment for the suspected drugging of the children ages 20 months to four-and-a-half years old at the Luv N Learning daycare.
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Commentary
Working parents drop their kids off at daycare with the assumption the business is safe for their children. This type of behavior from an owner is anything but safe. A third party investigation should be conducted including testing drug levels in the children. If the reports are accurate and the woman used antihistamines to put children to sleep this inexcusable action could open liability in multiple personal injury claims. I cannot tell you have grateful we all should be these are only personal injury claims. Drug overdosing can occur from antihistamines with a particularly higher risk to children. While antihistamines are perfectly fine for people to take they must be taken with proper dosage. It would not surprise me to find children who were given more than the proper dosage of medication all in the name of a nap.
This is just a very frustrating story that could have been much worse if police did not stop this behavior.
Dallas Daycare Child Abuse Attorney Michael Grossman
According to the U.S. CPSC manufacturer KTM North America Inc. issued a recall today September 8 of over 6000 off-road motorcycles due to a faulty handlebar clamp. The clamp can crack during normal use causing the driver to lose control and pose a potential fall or crash hazard. The recall includes all 2011 KTM and Husaberg off-road and competition motorcycles. Consumers are encouraged to contact KSM at (888) 985-6090.
Commentary
Recalls involving motor vehicles should be paid particular attention. The report states KSM has received one incident of a hospitalization due to the breaking of the handlebar clamps. Manufacturers will often issue recalls when they become aware of a defect in their product. Failure to do so could produce great liability in personal injury or even wrongful death claims. Because the potential for danger is so great readers should take heed of this recall and contact KTM.
Texas Product Liability Attorney Michael Grossman
Studies have begun linking the Type 2 diabetes drug Actos with severe injuries like cancer heart attacks and failures and tumors. A branch of the American Heart Association recently released a study equating the risk of heart attack from Actos with the much-maligned Avandia drug. Due to these links several countries have begun scrutinizing the drug more carefully with France pulling Actos from the market. Based on these risks several lawsuits have been initiated across the country based on multiple personal injury claims.
Commentary
Drug injury matters require some of the most researched and knowledgeable experts in the field. Obviously drug manufacturers are expected to be better versed in the medical field than you and me but that does not mean injury risks can be cloaked within the the jargon of the industry. Drug injury claims can play out in the same fashion as a product liability lawsuit. Manufacturers have a responsibility to produce a product that is safe for use in this case consumption. With the newly reported risks arising from taking this drug it would seem this responsibility is left wanting.
While Im sure the maker of the drug is frantically producing a fix to the problem what is really going on behind the scenes are defense attorneys feverishly looking to limit liability and publicity. This is accomplished by finding those with real claims and offering a buy-out to keep them quiet. You can expect this settlement to be a lower figure than what is thought fair and attached will be some type of non-disclosure statement.
There are other ways drug companies attempt to bully their way out of a bad situation they created but this is just one well-employed tactic they use.
Texas Drug Injury Attorney Michael Grossman
According to the U.S. Consumer Product Safety Commission Target Corporation has issued a recall on approximately 447000 units of Embark Resistance Cords and Cord Kits. The plastic ball attached to the cords door anchor can release striking the user and causing an injury hazard. Target has received three report incidents two resulting in permanent vision loss. Consumers should stop using the product and contact Target at (800) 440-0680 for more information.
Commentary
Typically these recalls result in little to no injury as manufacturers have determined the problem and issue the recall well before any incident. However in this matter two with permanent loss of vision could create enormous liability and subsequently great damages in personal injury claims.
The products in question were sold exclusively at Target from July 2009 through August 2011. Readers are strongly encouraged to stop use of this equipment and contact Target.
Texas Product Liability Attorney Michael Grossman
According to local reports 3 were injured following a wreck with a suspected drunk driver in La Habra California. The accident occurred around 2:40 a.m. Monday September 5 when 20-year-old Edgar Reyes lost control of his vehicle at an intersection. He then hit a retaining wall and 3 parked vehicles. 2 passengers and Reyes were injured in the accident.
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Commentary
Drinking and driving is bad enough by yourself but when passengers are involved it becomes an even worse act. A third party investigation would need to corroborate the police reports that the young man was drinking. If this is found to be true he could face liability in personal injury claims. To have a claim a person must be injured as a result of the actions or inaction of another person. A driver owes a duty to themselves their passengers and other motorists to act in a safe manner. If the investigation can determine this duty was neglected typically a personal injury claim can proceed.
Unfortunately in the state of California this may be the only remedy for victims as the state holds no social host laws for adults or minors. These types of laws could hold a homeowner liable in the event a guest becomes intoxicated and is involved in an accident. I will say however there could be vendor liability because of the drivers age if he was found to be drinking at a bar or restaurant prior to the accident. Furthermore some states (like Texas) have loopholes in the laws for people who are 18 or older but less than 21. This would be dependent on local California law but would create a gray area in the state of Texas.
Texas Personal Injury Attorney Michael Grossman
According to local reports a man was injured in a single-vehicle tractor trailer accident in Liberty Township Ohio on Wednesday September 7. The accident occurred before 4:40 a.m. when Robert E. Weirick was injured after one of the trailers he was hauling flipped over a bridge causing part of the rig to dangle over the bridge rail. A witness said Weirick escaped the rig but suffered some burns after the rig ignited. He was taken to St. Elizabeth Health Center with non-life threatening injuries.
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Commentary
I will be frank and tell you that a fair portion of my work comes from defending motorists in accidents with semis but my firm has also represented truckers who have been injured because of a faulty rig. Im not sure if that is the case here but I find it interesting how the news feed phrases this accident as the trailer leading the single-vehicle accident. Without question an independent investigation needs to be conducted by an expert in the field of tractor trailer mechanics. A worn tire that blows out or brakes that go unserviced could implicate a trucking company with liability. It is difficult for me to convey just how many times we see 18-wheeler accidents caused by the failure to service a fleet member. Some companies (and it should be stressed only some) get caught up in a haul-or-nothing approach to trucking leading to an environment where safety is lacking.
Im speculating here as to the cause of this accident but what Im trying to do here is relay to my readers how semi truck accidents are only accidents to the casual observer. Typically they are really a multitude of contingencies that are only discoverable via a proper investigation.
Texas Personal Injury Attorney Michael Grossman
Local reports indicate two people were seriously injured following a wreck on their motorcycle in Machias Maine. The accident occurred around 4 p.m. Sunday August 4 when 74-year-old Fay Woodward was driving his motorcycle with 76-year-old passenger Norma Richards. Police say Woodward ran a stop sign and was hit by another vehicle. Richards and Woodward suffered broken legs in the collision.
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Commentary
Operation of a motorcycle requires a greater care on the road simply because of their design. While a third party investigation is needed to determine liability if the reports are accurate and the driver of the motorcycle ran the stop sign he could face liability in a personal injury claim. The law views this action as negligent and could place fault upon the driver. From a personal injury claim a victim could claim damages like medical costs lost wages and lost earning capacity resulting from the injury. Further general damages are sometimes awarded in non-economic loss situations. These include areas like pain and suffering and emotional trauma.
Texas Personal Injury Attorney Michael Grossman
According to the company Honda has issued a recall on 80111 CR-V vehicles from the model year 2006. The vehicles power window master switch design can allow residue and moisture buildup which over time can cause the switch to deteriorate. This degradation can affect electrical contacts and could lead to a fire in the switch. To determine if your vehicle is being recalled contact Honda at (800) 999-1009.
Commentary
Though Honda reports no injuries or deaths associated with the recall the risk of fire in a vehicle is a serious matter. When a manufacturer becomes aware of a potential danger recalls are issued to mitigate liability and lessen future fault. If a manufacturer has knowledge of a product danger and does not take quick action to prevent injury they run the risk of serious litigation. Readers who believe they drive an affected vehicle should contact the above-referenced number.
Texas Product Liability Attorney Michael Grossman
According to the company BMW has issued a recall on some of their 3 series sedans following discovery of a potentially faulty rear light. The affected models are 325i 325xi 330i and 330xi and were built between 2001 and 2005. The company notes resistance in the electrical contacts which could cause tail lights brake lights or turn signals to stop functioning.
Commentary
After discovering a flaw in their product manufacturers will often issue recalls in an effort to mitigate liability. While this only affects 241000 cars customers are encouraged to have their vehicle serviced. Loss of tail light functionality could have great safety implications and could be the cause of an accident. Readers should contact BMW if they drive one of the aforementioned vehicles and determine how to have them repaired.
Texas Product Liability Attorney Michael Grossman
Local reports indicate a man was injured on his bicycle after being struck from behind near Bullard Texas. The accident occurred around 9:30 a.m. Friday September 2 when 59-year-old Timothy Meyers was hit from behind by 37-year-old Michelle Turner. Police report the woman as saying the sun was in her eyes and she did not see the bicyclist. Meyers landed on the hood of the vehicle and later in the grass beside the road.
Site of the Accident
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Commentary
I hope the bicyclist turns out to be fine. Sun in her eyes or not bicyclists share the road with motor vehicles and should be treated as just another motorist on the road. If an investigation determines the woman was at fault in the accident she could face liability in a personal injury claim. Typically for a claim like this one needs to show the duty a motorist has for operating safely on the road was breached during the accident and that this breaching is directly related to the injuries incurred. This would allow damage collection for issues like medical bills lost wages and pain and suffering. Unfortunately the calculation of these damages are combated by attorneys for insurance providers looking to low-ball payouts. This can be a very trying element to a victims personal injury claim.
Tyler Personal Injury Attorney Michael Grossman
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