According to the manufacturer Nissan is set to recall roughly 34000 Sentra and 28000 Juke vehicles due to the engine stalling. The recall states a zinc coating on the battery cables can cause damage to the engine control computer. The vehicles could stall while running and may be difficult to restart increasing the risk of crash.
Commentary
Though not that large of a recall any safety issue with a motor vehicle should be taken care of quickly. Manufacturers are required by federal law to issue a recall when they determine a safety issue is involved with a member of their fleet. If an injury were to occur because of a defective product or design a third party investigation would need to be conducted to meticulously link that injury with the defect in question. Defense attorneys are particularly good at decoupling the two.
Texas Product Defect Attorney Michael Grossman
According to the manufacturer starting as soon as next week Ford is set to recall certain model trucks with a transmission issue. The trucks can shift out of park without the need to press the brake pedal which would violate federal safety regulations. This shifting could increase the risk of an accident according to the National Highway Traffic Safety Administration. The recall affects F-150s built from September 9-22 2011 and heavy duty trucks built from September 12-22 2011. Ford can be contacted at 1-866-436-7332.
Commentary
Ive mentioned before that any safety risk associated with a motor vehicle legally must be rectified as soon as it becomes apparent to the manufacturer. The NHTSA is correct a car that can easily shift out of park into an engaged gear is a real danger. I envision this potentially being an issue in areas like parking lots where pedestrians are present. Consumers should take note of the recall and have their vehicle serviced as soon as possible.
Texas Product Liability Attorney Michael Grossman
According to the U.S. Consumer Product Safety Commission Bumbo International has recalled approximately 1 million Bumbo Baby Sitter Seats after numerous reports of head injuries from children falling out of the seat. The CPSC is aware of at least 45 incidents of infants falling from the chair 17 of which suffered skull fractures. The seats were sold at various toy and childrens stores nationwide from August 2003 through October 2007. Bumbo can be contacted at (888) 376-4763.
Update: Since the time of the recall the CPSC has noted several other instances of babies falling out of the Bumbo seats especially from elevated surfaces. When the children lean forward or to one of the side they are at serious risk of falling out. Roughly 50 other incidents have been reported regarding babies removing themselves from the seats. Most have just resulted in minor bruises and bumps while other instances have led to more serious injuries to the head and brain.
Commentary
Fractured skulls are serious injuries that could break the financial threshold of a lawsuit. I say this because when minor injuries like scrapes or bruises occur from the use of a product it usually does not make good financial sense to file a lawsuit when comparing the damages to court costs and filing fees.
A claim against a manufacturer requires a detailed investigation into the product in question. The injuries incurred from the product must be meticulously linked to that products use. A plaintiff has the burden of proving this link and a defense attorneys job is to negate this link.
Texas Product Defect Attorney Michael Grossman
According to the Lubbock Avalanche-Journal a woman was killed and a man injured in a wrong-way collision near Lubbock Texas. The accident occurred around 3:30 p.m. Tuesday December 13 when Texas Department of Public Safety officials believe 68-year-old Carol Richardson lost control of her vehicle and swerved into oncoming traffic on Interstate 27. Richardson struck the pickup of 47-year-old Lester Huddleston head-on killing her at the scene. Huddleston was taken to University Medical Center in critical condition. Texas DPS continues the investigation.
Site of the Accident
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Commentary
When a news feed suggests an accidents cause is an errant or uncontrollable vehicle it is critical that a third party examine the accident scene and in particular the vehicle in question for liability purposes. Scenarios exists that could provide for remedies to both parties given the proper variables.
We have litigated several accidents in the past that produced a vehicle with a major defect such than an accident was imminent. Unfortunately these defects are typically not apparent until an incident is likely. In some of the accidents we were asked to pursue a manufacturer was found liable due to the design of the vehicle. However in other instances a shop tasked with servicing the vehicle was found liable as their inadequate work produced a faulty vehicle. Either scenario could allow for claims by both parties if a defect were to be found.
On the other hand if the examination finds fault on the driver of the errant vehicle there could be a personal injury claim if the driver of the other vehicle can prove certain contingencies like breach of duty and damages. In a personal injury suit a plaintiff is tasked with proving that the defendant owed them a care of duty before the accident (relative to this accident safe vehicular operation) and that the defendant breached this duty by their actions. They must also give an accurate account of damages which is actually more tricky than it sounds when you factor in the future costs of rehabilitation or time missed from work.
Until an investigation is able to dissect the accident scene most of this is speculative in nature. However my experience over the years allows me to say that many accidents do not produce a clear chain of liability. Instead in many cases they require time and research into a cause.
Lubbock Personal Injury Attorney Michael Grossman
According to the manufacturer Ford is set to recall approximately 128000 Ford Fusion and Mercury Milan sedans due to defective wheels. Regulators say bolts on the wheels can fracture leading to vibration. If ignored this could cause separation from the car. The recall is aimed at vehicles built from April 1 2009 through April 30 2009 and December 1 2009 through November 13 2010. The recall will begin January 24 2012.
Commentary
Though Ford does not mention any accidents or injuries from the issue consumers should take note of the problem and take their cars in for service in January. When a manufacturer becomes aware of a safety issue with one of their products especially a motor vehicle they will typically issue a recall to mitigate liability. If an injury were to occur from a product on the market it is imperative that a third party investigation be used to link those injuries to the product in question. Attorneys for manufacturers are particularly good at faulting other instances in regards to an injury.
Texas Defective Product Attorney Michael Grossman
According to the Dallas Morning News a man was injured in an icy car accident in northwest Dallas Texas. The wreck occurred some time after 5 a.m. Wednesday December 7 when a water main ruptured between the roads of Walnut Hill and Manana Drive. With sub-freezing temperatures the water turned to ice causing one accident involving an SUV. The male driver of the vehicle was taken to a local hospital with neck and back injuries.
Approximate Site of the Accident
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Commentary
I hope the injured man fully recovers from the accident. Many may read the news feed realize that the accident was indeed not the mans fault but not understand where restitution may come from. I will admit this is a difficult undertaking but there could be a claim against the city of Dallas if it is revealed they failed to maintain a major water artery.
This type of task would require a thorough examination into the integrity and maintenance of the water main to determine if the city failed to service or secure the system prior to a winter freeze. Again taking on any city is not the easiest task but could provide for otherwise non-existent accident compensation.
Dallas Personal Injury Lawyer Michael Grossman
New research has suggested birth control drugs like Yaz and Yasmin are more prone to causing blood clots than was previously thought. Based on newly unsealed documents Bayer may have withheld or framed the information on blood clots favorably. The research has prompted the Food and Drug Administration to consider new safety measures. Blood clots pose a significant risk as they can lead to heart attacks and strokes.
Commentary
This new research continues the downfall of the prescription birth control drugs like Yasmin and Yaz. Lawsuits have been filed in a number of states following serious side effects by users of the drugs. The common side effects like nausea or headaches usually do not warrant the high costs of filing a lawsuit. However blood clots which in addition to the possibility of heart attacks and strokes can cause blockages in lungs or blood vessels all of which can be fatal. These types of side effects far exceed the threshold of court costs and can certainly be an actionable injury.
Texas Yaz Injury Attorney Michael Grossman
According to the San Antonio Express-News a man was struck by a hit-and-run driver in Selma Texas. The accident occurred around 2:30 a.m. Saturday December 3 when 29-year-old Raul Rosales reportedly ran out of gas on Interstate 35. A vehicle then hit Rosales and drove away leaving him critically injured at San Antonio Military Medical Center.
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Commentary
Though their actions may be inexplicable there is typically a reason a hit-and-run driver fails to render aid. In the past these reasons have ran the gamut from an intoxicated driver to warrants or avoiding a potential charge like possession. The most frustrating part about these accidents is any of this evidence is being tampered with or destroyed currently.
Once the police find the driver a third party investigation should be used to try to detail any of these scenarios (and certainly others) that I mentioned. If say alcohol is discovered to be a factor in the accident that could open the possibility to remedies other than the normal personal injury claim against the driver.
Back to the most apparent action the personal injury claim a plaintiff is tasked with providing evidence in a few key areas. First they must show the defendant owed them a duty prior to the accident in this matter safe operation around a pedestrian on a roadway. Logically the next step is proving that this duty was breached by the actions that led to the accident. This step is aided by the investigation and outcome of the police reports. Finally a damages determination must be made which accurately portrays the total value of the injury including what amount it would take to rehabilitate the victim.
San Antonio Personal Injury Attorney Michael Grossman
According to the U.S. Consumer Product Safety Commission Nautilus Inc. is recalling roughly 10000 units of Schwinn Elliptical Exercise Trainers. The equipments foot plates can detach from the machine and pose a fall hazard. The equipment was sold nationwide between July 2008 and May 2011. Consumers can contact Nautilus toll-free at 800-259-9019.
Commentary
A recall of roughly 10000 units is a sizable recall. The distributor notes one incident of injury so far from the defective product. To be able to bring a claim against a manufacturer an investigation must tie the injuries in question to that particular product. This is not as easy as it may sound as defense attorneys for large corporations are particularly crafty in finding other causes for injuries.
Texas Product Liability Attorney Michael Grossman
According to a press conference given by the Food and Drug Administration Commissioner Marget Hamburg the FDA is rescinding its approval of the breast cancer drug Avastin. The drug was approved on an accelerated basis which required further successful tests to confirm safety. Following two additional tests the drug failed approval. The risks associated with Avastin are severe hypertension hemorrhaging heart attack or heart failure.
Commentary
In the past some accelerated approval drugs have proved to be a real problem for the public. On the one hand there certainly exists a need on the market for a drug with the purported benefits but on the other hand it still needs to be safe. The FDA did not note in their press conference any reports of incidents but the listing of side effects is severe enough that consumers should be made aware of potential problems.
Texas Defective Drug Attorney Michael Grossman
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