Month: November 2011

According to the manufacturer Subaru will issue a recall on model year 2002-2007 Imprezas and model year 2003-2008 Foresters due to a risk of accident. The front lower control arms can break at the hanger bracket if exposed to salty or humid conditions. A faulty control arm can result in a driver losing control of the vehicle increasing the risk of collision. Subaru can be contacted at 1-800-782-2783.

Commentary
Any increased risk of accident in a motor vehicle should be paid particular attention by consumers. The recall is expected to extend to almost 300000 units indicating a widespread issue.
When they become aware of a problem with their product a manufacturer will typically issue a recall in an effort to mitigate liability. Certainly however faulty products remain on the market and pose a risk to consumers. If an injury occurs due to the failure of the product in question in the recall a manufacturer could face fault. This type of determination requires a meticulous investigation into the products failures as defense attorneys are very good at shifting fault away from their client.

Texas Product Liability Lawyer Michael Grossman

According to the Dallas Morning News a man was injured following a hit-and-run accident in the Oak Lawn area of Dallas Texas. The incident occurred after 9 p.m. Thursday November 3 when Wayne Earl Priest was hit by a car that had just left a private driveway. Priest was taken to Parkland Memorial Hospital where he was listed in critical condition. Police continue to search for the driver.

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Commentary
A pedestrian injury can produce several scenarios of potential causes that led to the accident. Because of this another party should examine the accident to develop a civil strategy moving forward.
The investigation would trace where the wreck occurred relative to where the man was crossing the street. If at a crosswalk much of the liability could fall upon the fleeing driver whereas jaywalking could mitigate some of this liability. I will say however that liability is a fluid matter meaning the accident is probably not an all-or-nothing event. Furthermore other factors could be included in the determination of fault. I do know that particular area is filled with bars and restaurants so an intoxicated driver should not be ruled out of the equation. A finding like this could vastly affect both the civil and criminal side of the accident.

Dallas Personal Injury Lawyer Michael Grossman

According to the Food and Drug Administration Foremost Foods International Inc. is issuing a voluntary recall on certain Pangasinan brand smoked seafood products. The products in question have the potential to be contaminated with Clostridium botulinum.  The products were distributed in California Nevada and Washington state and have a UPC code of either 2239257451 or 2239257470.

Commentary
Clostridium botulinum is a bacterium that produces several neurotoxins most namely botulism. Most have heard about this deadly illness and know that all forms of it lead to paralysis.
At my firm we dont wild goose chase cases so most of the time I warn people that typical food injuries do not warrant the cost of filing a lawsuit. A stomach ache or nausea do not produce the types of damages that should be accompanied with a suit. But paralysis leading to death is a whole different ballgame. An injury like this from a product simply should not happen. If a firm link can be established between the illness and the product litigation is a real option as a manufacturer has let their standard of care fall grossly below what consumers expect from them.

Texas Product Liability Attorney Michael Grossman

According to the manufacturer Under Armor has issued a recall on roughly 541000 UA Defender Chin straps. The metal snap that connects the straps to the helmet has sharp edges which could pose a laceration risk for both the player wearing the device or others who come in contact with the product. The chin straps were sold between January 2008 and September 2011. Consumers can contact Under Armor at (888) 823-0343.

Commentary
The recall notes 6 separate incidents of the chin strap causing lacerations each requiring stitches. Normal scrapes and cuts from a defective product while dangerous probably do not warrant the costs associated with filing a lawsuit. However a trip to the hospital for a severe cut might.
If a serious injury occurs because of a faulty product a link must be concretely established between the injuries and the product in question. Attorneys for manufactures are good at providing alternatives for the actual injury other than their clients product. Remember it is the plaintiffs burden to prove an injury so attorneys for the defendant can use any alternative theory they want in mitigating liability.

Texas Product Liability Lawyer Michael Grossman

According to KLTV a man was injured when his motorcycle was struck by an SUV and then drove off in Tyler Texas. The incident occurred Thursday morning November 3 when 63-year-old Jimmy Lee was struck in north Tyler. Several people witnessed the event but as of yet the driver of the SUV has not been caught. Tyler police believe the vehicle in question is a dark blue or black Suburban or Yukon which they suspect has damage to the front end.

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Commentary
Hit-and-run drivers particularly annoy me as not only do they interfere with an investigation but they also extend the amount of time it takes for closure. Once the Tyler police find the driver (and they will) a third party examination of the incident should be used to gain an understanding of the potential remedies available.
In a personal injury claim recovery is not as simple as pinning fault to another party and then getting compensated. In actuality personal injury is a step-by-step process that must be handled carefully to be successful. Since the burden of proof is on the plaintiff a victim is tasked with providing evidence against a defendant to be compensated. A claim must first prove that the defendant had a duty to (in this matter) operate their vehicle in a certain way regarding safety. Then a breach of this duty must be established by the evidence mentioned before. This aspect of the claim is why I typically mention a separate investigation as this is very fact-dependent. From there a damages determination must be made from the resulting injuries medical bills rehabilitation etc. Without any of these key pieces a claim typically does not have standing.

Tyler Automobile Accident Attorney Michael Grossman

According to the manufacturer Dutailier Group Inc. is recalling their drop-side cribs due to an entrapment and fall hazard. Slats on the crib can detach from the top and bottom rails potentially trapping an infant or toddlers body. This poses a strangulation or suffocation risk. The products in question were made between January 2009 and February 2010. Dutailier can be contacted at (800) 363-9817.

Commentary
The manufacturer notes 16 separate incidents of the slats breaking but no injuries have been reported as of yet. If an injury were to occur from the use of an allegedly faulty product an investigation of the product in question is needed. For a successful claim against a manufacturer an established link must be found between the use of the product and the injuries. The injuries must be as such that their value warrants the cost of filing a claim.

Texas Defective Product Lawyer Michael Grossman

According to the manufacturer Gerber Legendary Blades is recalling roughly 13000 Winchester Hunting Knife Sets due to a laceration hazard. The mechanism that latches the knifes interchangeable blades can fail and release the blade leading to a laceration risk. The knife was sold nationwide July 2011 through September 2011. Gerber Legendary Blades can be contacted at (877) 314-9130.

Commentary
These are hunting knifes so while the unlatching risk may seem marginal the recall should be paid attention. When an injury occurs from the suspected use of a defective product that injury must be substantially linked to the product in question. This requires a meticulous third party investigation as attorneys for manufacturers are very good at placing an injurys cause on something other than the product.

Texas Product Liability Attorney Michael Grossman

According to the manufacturer General Motors is set to recall approximately 34000 Equinox and Terrain vehicles due to a tire pressure system issue. The vehicles were manufactured between July 18 2011 and September 6 2011 and could fail in warning a driver when the pressure in the tire drops below 25%. Underinflated tires can result in overloading and overheating with each holding the potential for a tire blowout and crash. Customers can contact Chevrolet at 1-800-630-2438 or GMC at 1-866-996-9463.

Commentary
Any safety concern associated with a motor vehicle should be handled by a manufacturer promptly. Recalls provide help in mitigating liability but until every product is recalled the risk of injury persists.
A claim against a manufacturer can be tricky as an established link must extol itself between an injury incurred and the product itself. Defense attorneys are very good at providing ulterior explanations for injuries other than their clients product. An investigation into the products defect is essential in combating this strategy.

Texas Product Liability Attorney Michael Grossman

According to the Fort Worth Star Telegram three people were injured in a plane crash near Hicks Field in Fort Worth Texas. The crash occurred around 9 a.m. Wednesday October 26 when Tarrant County Sheriffs Department officials believe the two-engine plane went down in a pasture holding three people. Injured in the accident was a flight instructor a student and a passenger two of which were taken by helicopter to a local hospital while one was taken by ambulance. The Federal Aviation Administration is investigating the accident.

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Commentary
To begin I hope all the occupants of the plane fully recover from the accident. The thing about plane wrecks is an investigation into their cause could take months to complete. This presents a particular problem to any prospective plaintiffs as preservation of evidence becomes exponentially more difficult the longer the time from the initial event. The burden of this delay could be supplemented with a third party investigation that will conduct the residual legwork while the FAA examines the accident.
Much like commercial vehicle accidents plane wrecks could involve a number of liable parties. Most notably when a plane goes down service records should be checked against the plane to ensure that an owner was diligent in maintaining upkeep. Radar data and witness testimony when they recover will go a long way also in recreating the scenario that took down the plane and identifying any potential liability.

Fort Worth Plane Crash Attorney Michael Grossman

According to the manufacturer Harper Trucks has issued a recall on their Hand Trucks due to an injury risk from overinflated tires. When the tires are inflated past their recommended level they can explode causing the hub of a wheel to break. This breaking could eject pieces of the hub posing a risk to bystanders. Harper Trucks can be contacted at (800) 835-4099.

Commentary
The recall notes that the manufacturer has received 19 separate incidents of the wheel hubs breaking resulting in 19 separate injuries. With the recall geared towards some 292000 units this figure could equate to several injuries from the products defect.
When a manufacturer becomes aware of a defect in one of their products it is their responsibility to issue a recall to mitigate injuries. If the company fails to recall the product not only could they face liability from potential plaintiffs but also a stiff penalty from the U.S. Consumer Product Safety Commission.

Texas Product Liability Attorney Michael Grossman