Month: March 2011

According to recent news reports from West Palm Beach Florida 14-year-old Gabby DeSouza suffered serious injury after a boating accident at the Juno Pier on Tuesday Feb. 8. DeSouza and her friends were in the water when another boat operated by a teenager and carrying other friends approached the swimmers despite repeated warnings from lifeguards that the boat should not have been in a designated swimming area. The boat operator revved the engine as DeSouza was attempting to get into the boat. The boat then struck three girls and DeSouzas leg was hit by the boats propeller. She was airlifted to St. Marys Medical Center where her leg had to be amputated below the knee. The Palm Beach Gardens High School student remains in critical condition. An investigation into the boating accident is being conducted in order to see if charges should be filed.

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While its fortunate that loss of life did not occur as a result of this apparent negligent behavior the victim has suffered a major life-altering injury. In such instances a suspected negligent party may be held civilly liable for the consequences of their actions regardless of whether or not criminal charges may be pressed. As the driver of the boat was reportedly a teenager as well the owner of the boat may bear liability for such an accident. Other issues may have also played a contributing role but properly assessing liability for a boating accident cannot be accomplished until a thorough investigation has been made into the accident.

– Texas Boating Accident Attorney Michael Grossman

According to recent news reports Lasko Products Inc. has recalled approximately 107500 portable electric heaters due to reports of possible fire hazards. An electrical connection in the units base may overheat which could cause the base to melt resulting in the electrical connection becoming exposed. No injury reports have been received but 36 overheating reports have been received. 18 reports were received where minor property damage occurred. The recalled Lasko electric heaters are:

• 20.5 inches by 8.25 inches by 9.25 inches
• dark gray silver front cover black vents
• Lasko brand name or Air King brand name printed in the center of the top of the front cover
• Lasko Model 5540 sold at Sams Club and other places from Sept. 2002 to 2004 in a price range of $39-$49.
• Air King Model 8540 sold mostly through W.W. Grainger Inc. from 2002 to 2004 for about $80.
• Built in 2002 with date codes on a label on the bottom of the units that start with 2. Date codes beginning with 3 4 or 5 are not being recalled.

Those with the affected portable electric heaters are asked to immediately stop using them. They may contact Lasko for a free replacement at 1-800-363-8044 or www.laskoproducts.com.

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Its fortunate that a recall is being conducted prior to any reports of injury. Faulty portable heaters can sometimes result in serious accidents that could result in injury or even death. As this harsh winter season sees the usage of many such heaters around the country both in homes and at the workplace its important that consumers are aware of any issues that such heaters may present. Its also suggested that such heaters are only used when a person is present and are not allowed to run while someone is away for an extended period of time.

– Texas Product Liability Lawyer Michael Grossman

Drop-side SafetyCraft model cribs manufactured by the out-of-business Generation 2 Worldwide have been recalled due to the potential of suffocation or strangulation accidents occurring to infants. Both full-size and portable drop-side crib models are being recalled. Due to their closing in 2005 little information is available regarding the models being recalled. SafetyCraft appears on a label on the headboard or footboard. Product labels may indicate manufacturing done in Indonesia or Dothan AL. Some of the dropside cribs may have a clear plastic footboard or headboard. It should also be noted that the cribs should not be confused with the SafetyCraft cribs released by Foundations Childrens Products which can be identified by the word Foundations on the mattress support assembly instructions label located underneath the cribs mattress. Foundations purchased the SafetyCraft trademark from Generations 2 Worldwide. People with Generations 2 Worldwide SafetyCraft drop-side cribs should not continue to use them and should not attempt to fix them.

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Drop-side cribs have been a recurring issue in the last few years. While their design may have been done with convenience in mind the drastic problematic issues that can occur with usage of these drop-side cribs have resulted in thousands of recalls over the last few years of many different types of drop-side cribs. If youre a new parent or have a new baby its recommended that you check the U.S. Consumer Product Safety Commissions website on Crib Information so that you might be able to receive valuable information that can assist you in taking care of your child.

– Texas Product Liability Attorney Michael Grossman

According to recent news reports 280946 Ford F-150s have been recalled due to an issue with a faulty door handle housing which could cause the door to open in the event of a crash. The affected model years are 2009 and 2010 and were manufactured between Jan. 18 2008 and Nov. 30 2009. Ford F-150 owners will be notified about the recall on Feb. 14. Owners will be asked to take their trucks to a dealer for an inspection. If the truck fails the inspection a second trip to the dealer will be required once necessary parts are available to fix the problem. Ford F-150 owners with questions regarding the recall may contact Ford at 1-866-436-7332 or the National Highway Transportation Safety Administration (NHTSA) at their vehicle safety hotline number: 1-888-327-4236.

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Since trucks like the Ford F-150 are quite popular in Texas and throughout much of the country this is an important recall that Ford F-150 owners should take note of and have inspected as soon as possible. While many people would like to believe that an accident would not likely occur to them while driving such a vehicle taking a chance with a faulty issue in a truck is not a risk that should be taken. Make sure to do your part in getting the issue addressed as soon as possible so that the opportunity for a catastrophic accident to occur can be mitigated as much as possible.

– Texas Product Liability Attorney Michael Grossman

According to recent news reports from Corinth Texas two one-year-olds have suffered injury as a result of falling into a backyard pool. The accident happened on Saturday Jan. 30 around 11 a.m. in the 3100 block of Hudson Dr. One of the toddlers mothers rescued her daughter from the water and performed CPR until emergency personnel arrived. According to police the child was in and out of consciousness and experienced labored breathing. Both toddlers were taken by air to Childrens Medical Center in Dallas. Police also reported that the second child seemed OK. An investigation into the cause of the accident is being conducted and Child Protective Services is going to be notified.

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The U.S. Centers for Disease Control notes that most child drownings occurred when the child was last seen in the house was out of sight for under five minutes and were being cared for by one or both parents. While its unknown if these issues may have been a contributing factor to the serious accident described above the assessment speaks to the quickness in which a child can become distressed in the water if left unattended or unnoticed even for a few moments. While there can be a wide number of issues that may have resulted in this unfortunate accident two specific issues are often common occurrences in regards to backyard pool accidents: negligent entrustment and lack of proper maintenance. Negligent entrustment also known as negligent supervision can occur when a responsible adult fails to adequately provide for the safety of a child or children in their care. Lack of proper maintenance can lead to such accidents when a pool gate or pool fence is not properly maintained possibly allowing children to enter restricted areas without proper supervision. If negligent behavior is suspected of being a contributing cause to this unfortunate accident an independent investigation may be conducted so that the liable party or parties may be identified and held accountable for their behavior.

– Dallas Swimming Pool Accident Attorney Michael Grossman

According to recent news reports from Cameron Missouri 31-year-old Laura J. Fisher of Cameron sustained life-threatening injuries after an alleged drunk driving accident that took place on Friday Jan. 28 around 8:30 p.m. on U.S. 169 near the U.S. 36 exchange. The injury accident occurred when Fishers car was T-boned by a vehicle driven by 31-year-old Frederick W. Thornton also of Cameron. He was charged the following day with DWI and being a chronic drunken driving offender. Fisher was transported to Cameron Regional Medical Center then to North Kansas City Hospital.

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In the event of an alleged drunk driving accident that results in injury to a person a suspected drunk driver can be held civilly liable for the consequences of their actions regardless of whether or not criminal charges have been pressed. Furthermore depending on the type and enforcement level of liquor liability laws in Missouri a negligent alcohol-serving establishment may bear partial liability for an alleged drunken driving accident if a driver became intoxicated at a bar or restaurant prior to causing an accident. An independent investigation is often conducted into such matters in order to determine if such a chain of events may have contributed to a wreck.

– Drunk Driving Accident Attorney Michael Grossman

According to recent news reports from Joliet Illinois a two-year-old boy has suffered serious injury after falling approximately 30 feet out of a stopped hotel elevator. The accident occurred on Sunday Jan. 23 around 4:06 p.m. at the Plaza Hotel located at 26 W. Clinton Street. Reportedly the two-year-old boy left a third-floor room where his 22-year-old mother and 5-year-old sister were and entered an elevator unattended. He pressed an emergency button inside of the elevator that resulted in the elevator doors opening. The child then fell into the gap between the elevator car and the elevator shaft. The injured child was transported to Silver Cross Hospital in critical condition and was later taken to Childrens Memorial Hospital where he was last listed in serious condition. An investigation into the accident is being conducted.

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When a child suffers serious injury in an accident a number of investigations are likely to be conducted. Where negligence by some party is expected to have been a contributing factor to an accident a third-party investigation can be conducted in order to ascertain the cause or causes for the accident so that the liable parties can be identified and held accountable for their negligent behavior. Hopefully the child can make a full and quick recovery from this serious accident.

– Texas Personal Injury Accident Attorney Michael Grossman

According to recent news reports phil&teds USA Inc. has voluntarily recalled 22000 jogging strollers after receiving three injury reports involving one adult suffering a finger tip amputation and two adults suffering lacerations. The hazard involving in using the jogging stroller occurs when an adult attempts to fold or unfold the stroller; a finger can become caught in the hinge. The affected stroller models are the Sport V2 classic and the Classic V1 single-seat jogging strollers with three wheels a canopy and a cloth seat. Recalled Sport V2 serial numbers are 0308/0001 to 0510/0840. Recalled Classic V1 serial numbers are 0308/0001 to 0510/0906. Serial numbers are located on the inside of the folding hinge. The strollers were sold in specialty juvenile stores throughout the country from May 200 to July 2010. They were sold from $350 to $450. People that own these strollers should immediately stop using them and contact phil&ted USA in order to receive a free hinge-cover kit and instructions for repair of the problem.

After receiving reports that a front lower suspension arm may be susceptible to cracking while in use leading to loss of control Arctic Cat has recalled 16000 snowmobiles. The recalled snowmobiles include all of the following 2010 models:

• Z1
• TZ1
• F
• Bearcat
• M
• CF

Thirteen reports have been received by Arctic Cat in connection to cracked suspension arms but no snowmobile accidents have been reported to have occurred due to the problem.
Should you own one of these 2010 Arctic snowmobiles you are advised to discontinue use of the vehicle until a free repair of the affected part has been performed by a dealer. Arctic Cat can also be contacted by phone at 1-800-279-6851 or at www.arctic-cat.com.

– Texas Product Liability Attorney Michael Grossman

According to recent news reports General Motors has recalled 27000 2011-model trucks for a possible issue with their rear axle cross pins that may have been improperly heat-treated which could lead to a fracture resulting in the axle locking up. Affected 2011 GM trucks and SUVs include the:

• Cadillac Escalade
• Cadillac Escalade ESV
• Cadillac EXT
• Chevrolet Avalanche
• Chevrolet Colorado
• Cheverolet Silverado
• Chevrolet Suburban
• Chevrolet Tahoe
• GMC Canyon
• GMC Sierra
• GMC Yukon
• GMC Yukon XL

Owners are encouraged to not drive the affected vehicles until the rear axle cross pin issue can be fixed. General Motors has learned of only one incident where power was lost to the axle although no crash occurred. A loud banging noise may be heard if the rear axle pin fractures. The NHTSA reported that dealers would begin replacing the faulty pins for free starting Jan. 25.

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By blogging about recalls we hope to contribute to greater public safety. While its fortunate that many product manufacturers are often pro-active in taking care of issues that are brought to their attention there are often just as many manufacturers that either arent aware of issues with their products or fail to take the necessary steps in order to mitigate problems. In instances where a person is injured due to a product defect a manufacturer may bear liability for the results of such an accident. Consequently its often in the interest of a product manufacturer to issue proper recalls within a reasonable amount of time of learning about an issue so that injuries do not have an opportunity to occur.

– Texas Product Liability Attorney Michael Grossman