Month: March 2011

According to recent news reports from Loma Colorado 52-year-old Terry Retherford of Grand Junction suffered multiple fractures after being ejected from a pickup in a rollover accident that occurred on Saturday Jan. 15. The injury accident happened at the intersection of Slickrock Dr. and M 8/10 Rd. when 63-year-old Dallas Abbot lost control of his pickup truck and veered off the road and down an embankment. Retherford was a passenger and was ejected. Abbot of Loma was wearing a seat belt but also suffered injury. Both men were taken to a local hospital. Abbot faces charges of DUI vehicular assault reckless driving aggravated driving after revocation and safety belt systems required. An investigation into the crash is ongoing.

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Alleged drunk driving wrecks can cause serious to severe injury or even loss of life. While most people understand that such a devastating outcome can occur there are sadly too many people who believe that theyre OK to drive after having alcohol. This is one of the reasons why dram shop laws exist in a majority of states in the United States. These laws work to varying degrees state-by-state to hold negligent alcohol-serving establishments accountable for their behavior. The reasoning goes that if an alleged drunk driver can possibly be prevented from becoming intoxicated while at a bar or restaurant and prevented from driving away from that establishment then the possibility of a drunk driving accident occurring severely decreases. Consequently states that have dram shop laws have civil consequences for such negligent alcohol-serving establishments should a suspected drunk driver have been allowed to become intoxicated at their establishment prior to causing a wreck. It should also be noted that regardless of the involvement of an alcohol-serving entity a suspected drunk driver can still be held civilly liable for their actions causing injury in addition to any criminal charges they may also be facing.

– Texas Personal Injury Lawyer Michael Grossman

According to recent news reports from Austin Texas a 2-year-old toddler is in critical condition following a pool accident at an apartment complex. The accident occurred on Monday Jan. 10 around 6 p.m. at the Marlborough Square Apartments located at 9500 Dessau Road after the family of the small girl reported her to be missing. An unknown person then reported seeing a child floating in the pool at the apartment complex. Investigators are unsure how the child got into the pool area as it is fenced off. The child received CPR from a bystander until emergency personnel arrived. The toddler was last listed in critical condition at Dell Childrens Medical Center.

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When pool accidents occur at an apartment complex the complex may bear liability for such an accident depending on a few factors such as the maintenance of the pool itself and the upkeep of the areas surrounding the pool including any gates or latches. Local authorities are likely investigating the accident site in order to determine how such an accident could have occurred. Additionally other factors may have also played a role in which an outside investigation may be conducted in order to determine each of the liable parties that may have played a role in contributing to this unfortunate accident so that a similar accident does not have to happen in the future causing harm to another child or their family.

– Austin Premises Liability Attorney Michael Grossman

According to recent news reports from Spokane Washington one child has experienced a concussion and three facial fractures from an accident that may have been the result of a drunken ATV driver. 33-year-old Ramon D. Noggles was operating an ATV around 8 p.m. on Monday Dec. 27 near the Freya and East Pratt intersection. He was pulling a sled with the ATV; two children were on the sled. As he came over the hill at approximately 35 miles per hour he swerved to miss hitting a Spokane police car. The tow rope broke causing the sled to strike the back of the police car then go underneath the car. A 10-year-old girl later identified as Noggles daughter and a 7-year-old boy were taken to an area hospital. The girl was treated and released but the boy suffered facial fractures and a concussion. The boy is Noggles neighbor and it was reported that the boys mother did not give permission for her son to be taken sledding. An 8-year-old girl and an 8-year-old boy were also riding on the back of the ATV at the time of the accident but did not suffer injury. Noggles was charged with DUI and two felony counts of vehicular assault. He was arrested and put into jail.

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Its difficult to say that the children that experienced such a harrowing event were fortunate but they were fortunate in that nothing more severe occurred due to the alleged drunk driving of an adult. However a concussion and facial fractures can be severe enough especially when a child must endure such pain. Its my hope that that child makes a full and swift recovery so as not to bear the scars of someone elses suspected negligent behavior. When alcohol is involved in an accident Washington dram shop law may apply if a negligent alcohol-serving establishment contributed to the chain of events leading up to the accident. Regardless of such a possible connection an alleged drunk driver can still be held civilly liable for their actions in addition to any criminal charges they may be facing. Its also my hope that this alleged drunk driver has learned a lesson before his actions may contribute to something much more harmful or even deadly.

– Texas Personal Injury Attorney Michael Grossman

According to recent news reports Wal-Mart Stores Inc. has voluntarily recalled 2.2 million portable electric heaters due to a possible fire hazard. The recall was made after Wal-Mart received reports of:

• 21 total fire or sparking incidents of which:
• 11 incidents caused property damage
• 4 incidents resulted in bodily injury
• 3 incidents required medical treatment for minor burns and smoke inhalation

The heaters being recalled were sold only at Wal-Mart stores in the United States from December 2001 – October 2009 for around $18. They were manufactured in China. The recalled portable electric heaters were sold under the following names:

• Flow Pro
• Airtech
• Aloha Breeze
• Comfort Essentials

The heaters:

• are 1500 watt units
• are gray including the control knobs
• have vent openings on the front
• have a metal handle on the top
• have model number 1013 on a label on the back of the heater

The U.S. Consumer Product Safety Commission (CPSC) urges owners of these types of heaters to immediately discontinue their usage. Affected owners can take their recalled heaters to any Wal-Mart store for a refund.

Portable electric heaters are a common household necessity for many families throughout the states. However even properly functioning heaters can cause severe problems if left unattended in certain situations. Consequently I urge you to heed the CPSCs warning if you happen to have this type of heater at your house or place of business and to discontinue using it so that it does not have the opportunity to cause injury or harm.

– Texas Product Liability Lawyer Michael Grossman

According to recent news reports federal investigators are looking further into an issue with Ford Windstar vans that led to a recall being announced in August. Approximately 500000 Windstar vans were recalled after numerous reports were received in which a corroded or broken rear axle contributed to an accident. One accident became newsworthy for its unfortunate timing and fatal outcome. Sean Bowman 28 died in October of 2010 in a Windstar accident when the rear axle in his 2001 van fell apart. The Bowman family including his 26-year-old wife Justine Bowman and their two small children received a notice of the recall in the mail one week after the accident occurred.

The initial recall affected 1998-2003 models of Ford Windstar vans in Canada and in 22 cold-weather states in America. On Wednesday Dec. 22 the National Highway Transportation Safety Administration (NHTSA) expanded its probe into the issue of corrosion as possibly also affecting the Windstars front-end subframe. The NHTSA has received 346 complaints. Ford Windstar owners of the affected model years are encouraged to visit a dealership to have their van inspected for damage. Free rental cars will be provided by Ford for those with damage to the axles on their Ford Windstar van.

– Texas Product Liability Attorney Michael Grossman

According to recent news reports out of Austin Texas a cyclist experienced severe injuries as a result of being struck by an alleged drunk driver. The accident occurred on Friday Dec. 17 around 2 a.m. in the 4400 block of S. First Street. Responding officers found the injured bicycle-rider and three other people at the accident site claiming to be witnesses. Officers smelled alcohol on one of the supposed witnesses Francisco Cazarez. He first admitted to not seeing the accident then provided a precise description of the SUV involved in the accident. Upon inspection of the SUV officers could see a torsos imprint on the hood. After a field sobriety test Casarez was arrested on a charge of intoxication assault. The cyclist was transported to Brackenridge Hospital with serious injuries including a traumatic brain injury multiple arm and leg fractures and a collapsed lung.

Bicycle accidents can cause severe personal injury due to the lack of safety features provided for a bicycle rider. However other drivers are to provide for the public safety of all other drivers on the road including cyclists. When an accident occurs that results in an injury or a death that legal duty is said to have been violated and an injured victim can hold the negligent party civilly liable for the outcome even if that liable party may be facing criminal charges. Furthermore Texas dram shop law works to hold a negligent alcohol-serving establishment accountable should their negligence have contributed to a drunk driving accident. Such negligence can occur when a patron is over-served alcohol such that they exceed the .08 legal blood alcohol content level for Texas. If an intoxicated driver then leaves a bar or restaurant after becoming drunk the bar or restaurant could be held partially liable for such an accident. An independent investigation may be conducted in order to discover if such a connection existed.

– Austin Personal Injury Attorney Michael Grossman

According to recent news reports Arrow International is recalling all 5800 series intra-aortic balloon catheters with the super arrow-flex sheath introducer. The worldwide voluntary recall is a result of increased reports of stuck in sheath incidents where a user is not able to move an IAB catheter backward or forward which may cause a delay in critical therapy. Excessive IAB movement with this device if it becomes stuck in sheath during insertion could result in:

• excessive bleeding
• arterial damage
• significant vasospasm
• prolonged tissue ischemia
• tissue or vascular ischemia
• infarct
• injury
• death

The U.S. Food and Drug Administration has listed this recall as a Class I recall meaning that the use of such a product could result in severe injury or death.

Affected 5800 series IABs have the following product codes and were shipped between Jan. 1 2009 and Dec. 17 2010:

• IAB-05830-U
• IAB-05840-U
• IAB-05830-LWS
• IAB-05840-LWS
• IAK-05845

Details about the recall can be found on the Arrow International IAB recall website.

Product defects in medical equipment can cause severe personal injury or death as attested to by the problems that ultimately led to this recall. It is my hope that this recall is known about so that those possibly affected by the recall can seek appropriate help and so that medical establishments will discontinue using such a defective device. – Texas Product Liability Attorney Michael Grossman

According to recent news reports an 11-year-old girl has suffered a possible skull fracture after a bus rollover accident on Highway 114 near Gunnison Colorado. The girl and more than 40 other members of Trinity United Methodist Church in Denton were traveling to Crested Butte for a ski trip on Saturday Dec. 18 when the bus they were in veered off the icy highway and overturned. The young girl spent a night in an intensive care unit. Some of the other passengers suffered broken bones; however none of the passengers appeared to have suffered life-threatening injuries. 36 members were treated and released from the hospital. Fred Kornegay 47 the driver of the Gotta Go Express Trail Ways bus was not injured.

Depending on the circumstances of this accident the driver and the drivers employer may bear some liability for the crash. While some accidents especially in detrimental weather conditions may be unavoidable drivers of commercial buses must drive per the conditions of the road. However there may have been other factors that may have contributed to this unfortunate wreck like some kind of mechanical failure or the involvement of another vehicle. While such accidents are always unfortunate in the physical toll that they often take on bus passengers its fortunate that nothing worse occurred.

– Dallas Personal Injury Attorney Michael Grossman

The Consumer Product Safety Commission has banned drop-side cribs from being made sold or resold within the United States due to the large number of civil suits filed on behalf of parents whose children have suffered injury or death as a result of a drop-side crib. The CPSCs decision to ban drop-side cribs will remove such cribs from the market. Drop-side crib manufacturers have a deadline until June of 2011 to ensure that their cribs have fixed sides. Places that use drop-side cribs like hospitals day care centers or hotels have one year in which to replace those cribs. In 2010 32 toddlers or babies have died as a result of a drop-side crib accident. More than 9 million drop-side cribs have been recalled in the last five years. Drop-side crib accidents can involve strangulation entrapment or falls and can be caused by malfunctioning parts in the crib itself. The CPSC will also enforce new testing procedures in order to ensure that the new cribs are safe for their intended use.

We have reported on past drop-side crib recalls on this blog so Im not surprised to see this ban come into effect. While the purpose of a drop-side crib may have been helpful to a parent in getting their child out of a crib the negative effects far outweigh the savings in time or effort. It should be also be noted that when products cause injury harm or loss of life to a person the manufacturer of that product may be held civilly liable for the injury or death that has occurred. In fact these product liability lawsuits are one of the reasons that the drop-side crib ban has been put into effect since affected parents sought justice for their childs injury or death and made sure that attention was given to these hazardous cribs. As a result further harm does not have to occur to another child or family as a result of this drop-side crib ban.

– Texas Product Liability Lawyer Michael Grossman

According to news reports 32 cars were involved in a pileup that occurred in the early morning hours of Monday Nov. 29 that sent 10 people to the hospital and caused the roadway to be shut down. The initial accident occurred around 5:30 a.m. as a northbound vehicle was slowing down to make an exit at Division Street off of State Highway 360 in Arlington. Another vehicle rear-ended the slowing car and spun off into traffic causing the multiple-vehicle pileup. All northbound lanes of Division Street were shut down. 10 people were sent to the hospital but none of the injuries were believed to have been life-threatening. Lanes reopened by 8:30 a.m. While the cause of the accident is still being investigated Arlington police believe rain on the roadway may have been a factor.

In multiple-car pileups it can sometimes prove challenging to assess liability. In these instances the notion of proximate cause often comes into play. Proximate cause simply means that a liable party contributed in some fashion to an accident causing injury or death. For example the driver that caused the initial accident could be considered a proximate cause of the multiple-vehicle accident since their apparent negligence started the chain of events that resulted in injury to 10 people. However proximate cause is highly dependent on the specifics of the accident and it can often take an independent investigation in order to ascertain who was responsible for what in such a massive accident. Its fortunate that such a large scale accident did not involve a fatality or apparently any serious injury. However this accident is yet another reminder to drive carefully especially in the early morning hours and when the road conditions may not be favorable.