Monthly: December 2011

The U.S. Consumer Product Safety Commission reports that Target Corporation is set to recall roughly 55000 6-pc. LED Flashlight Sets. The flashlights when on can begin to heat up smoke or melt causing potential fire and burn hazards. Target notes 4 incidents involving the flashlights 2 involving burns to consumers hands.

Commentary
55000 pieces of recalled product is a fairly decent sized recall. Readers should be advised and return the product to a Target store. When a manufacturer discovers a flaw in one of their products it is prudent to issue a recall in an effort to mitigate liability for their company. If an injury were to occur from the use of the defective product an investigation should then be used to concretely link the injuries in question with the product. This is not always easy to accomplish as defense attorneys are very good at pairing preexisting injuries with injuries sustained by a product.

Texas Product Liability Attorney Michael Grossman

According to the manufacturer and the U.S. Food and Drug Administration Novartis is set to recall a number of over-the-counter medications due to mislabeled bottles or broken pills. The items include Excedrin Bufferin NoDoz and Gas-X with expiration dates of December 20 2014 or earlier. The company notes the voluntary nature of the recall.

Commentary
Though this appears to be a minor recall as far as potential injuries go readers should be advised to either destroy used bottles or return the unused medications. Broken pills are probably not that big of a risk as Id expect most simply would not take the medication. However mislabeling of bottles has led to injuries in the past and complicates the dosage value of the medications.

Texas Product Recall Attorney Michael Grossman

According to KDFW two people were injured in a wrong-way collision on Interstate 20 in southwest Dallas Texas. The accident occurred around 3:40 a.m. Thursday January 5 when a vehicle traveling the wrong way on I-20 near Mountain Creek Parkway struck a pickup truck. The male driver of the pickup and female driver of the wrong-way vehicle were both rushed to Methodist Central Medical Center in serious condition. Sheriffs deputies continue to investigate the accident.

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Commentary
I wish I could say that wrong-way driving accidents were uncommon phenomenons in the Dallas area but unfortunately they are not. There is really no way to explain a cause to an incident like this from a news article. An explanation and subsequent liability determination can only be made through the employ of an independent investigation which would not only look into the accident scene but would also determine what factors led to a person traveling the wrong way on an interstate.
As far as remedies from the accident go the most apparent would be a personal injury claim. For a claim like this to have standing a plaintiff must prove that the defendant owed them a duty of care at the time of the accident and this duty was breached. In non-legal speak to bring a claim against a party one must prove that the obligation to operate a vehicle safely was breached by another partys actions. Though I do not speak for a jury I would venture to guess driving the wrong-way on an interstate is a breach of this obligation. A successful claim could mean the recovery of damages like medical bills or pain and suffering.
A few news feeds mention the deputies are looking into whether or not alcohol played a role in the accident. The only thing that I will say to this prospective link is that if it is proven positive other parties could be at least partially liable from the accident.

Dallas Auto Accident Attorney Michael Grossman

According to the U.S. Consumer Product Safety Commission the firm Build-A-Bear Workshop is set to recall approximately 300000 Colorful Hearts Teddy Bears due to a choking hazard. The bears eyes can fall out posing a choking risk to young children. The company can be contacted at (866) 236-5683.

Commentary
Though the company reports no incidents or injuries 300000 defect products on the market is a very noteworthy recall. Consumers should be aware of the choking dangers associated with the toy bears.
If an injury were to occur from one of the recalled products it is imperative that an independent investigation be used to shore up liability. Because of the nature of the defect it should not be difficult to tie the injury in question with the defective part of the toy though other defective product injuries are not as simple.

Texas Product Liability Attorney Michael Grossman

According to KLTV a man was seriously injured when he was struck by a vehicle while putting air into his tires in Tyler Texas. The accident occurred Wednesday December 28 when a woman told police she thought her vehicle was in reverse when it was actually in drive. The vehicle drove onto a sidewalk near the air tank and struck the unidentified mans leg.

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Commentary
Personal injury lawyers encounter this type of situation all the time. Judging by the news feed and the womans admission this was nothing more than an honest mistake. However does this mistake mean the man should be forced to pay his own medical bills lost wages and pain and suffering? The answer is no and the remedy is a personal injury claim with the womans insurance provider.
To be successful the plaintiff would be tasked with proving another party owed him a duty of care prior to the accident and that their actions breached this duty. The plaintiff would then need to provide an accurate representation of the damages incurred from the accident which is actually more difficult than it sounds. The cost of a cast or surgery is one thing but the difficulty really lies in assessing the cost of rehabilitation loss wages or degree of deficiency after the accident.

Tyler Personal Injury Attorney Michael Grossman

According to the USCPSC Bugaboo Americas is recalling roughly 64000 car seat adapters after a fall risk was determined. When the seat is positioned on a stroller such that the child faces forward the seat can disconnect from the adapter and create a fall hazard increasing the risk of injury. Bugaboo is aware of one injury from the defect. The company can be contacted at (800) 460-2922.

Commentary
When a manufacturer discovers a flaw in one of their products they will often issue a recall to mitigate liability. However recalls are a slow process that can still leave defective products on the market even following their conclusion.
If an injury were to occur from a defect product an investigation is needed to concretely link the injuries with the product in question. This is a very difficult task as many of us perform tasks daily that could produce similar injuries. This is typically one of the first routes defense attorneys use in claiming their clients product did not cause the relevant injuries.

Texas Defective Product Attorney Michael Grossman

According to the manufacturer and the U.S. Consumer Product Safety Commission Navien America Inc. has issued a recall for their Instantaneous or Tankless Water Heaters due to risk of carbon monoxide poisoning. The units may have an unstale connection which can cause the heaters vent to separate from the collar and expose consumers to carbon monoxide. These units were sold wholesale to in-home installers. Navien can be contacted at (800) 244-8202.

Commentary
Irrespective of this particular recall everyone should employ carbon monoxide alarms in their home. CO poisoning has become more of a hot button issue with the level of interest peaking from many in-home accidents. Consumers should be very aware of any device with a potential CO hazard and again install alarm systems in all sleeping areas at the minimum.

Texas Product Liability Attorney Michael Grossman

According to the San Antonio Express-News two women were injured in a car accident with a suspected intoxicated driver in San Antonio Texas. The accident occurred around 11:30 p.m. Wednesday December 14 when police believe 47-year-old Chirita Murray ran a red light at Vance Jackson Road. Her vehicle struck a minivan carrying 25-year-old Bianca Alonso and 48-year-old Margarita Alonso. They were taken to University Hospital where their conditions were unknown.

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Commentary
I hope the two victims experience a full recovery from the accident. Because there may be civil outcomes available that may not be apparent at the accident scene a third party investigation should be used to detail liability. More to extraneous outcomes in a bit.
To have standing in a personal injury claim the biggest hurdle is proving that another party owed a victim a duty at the time of the accident and that duty was then breached by the liable partys actions or inaction. An example of a duty owed as it relates to this accident is a duty to safely operate a vehicle. Running a red light and allegedly operating under the influence could be the actions that meet this threshold of a breach of duty. A successful personal injury claim can compensate victims in areas like medical bills lost wages or pain and suffering.
The other less apparent outcome to the accident is if the alcohol allegations are proven and the driver was found to be imbibing at a bar or restaurant prior to the accident. If an alcohol-serving entity was found to serve a patron who was obviously intoxicated such that they presented a clear danger to themselves and others that entity could be found partially liable in the accident. This requires meticulous fact checking by the investigation as bank records bar tabs and phone details would all need to be extolled.

San Antonio Personal Injury Attorney Michael Grossman

The U.S. Food and Drug Administration has completed a safety review of the heart drug dronedarone trade name Multaq. The results showed an increased risk of cardiovascular issues including death with patients in permanent atrial fibrillation. The FDA is recommending a new warning label on the prescription medication to indicate the heightened risk.

Commentary
Atrial fibrillation is a cardiac arrhythmia (or abnormal heartbeat) developed in the upper two chambers of the heart. Some who suffer from an irregular heartbeat actually do not experience symptoms (other than the skipping beat) while others need medication for the discomfort they endure. My readers who fall into the latter category should be cautious and potentially consult their doctor if they are currently taking Multaq. The FDA advises if atrial fibrillation (AF) is permanent in other words chronic irregular heartbeats stop use.

Texas Drug Injury Attorney Michael Grossman