According to the U.S. Consumer Product Safety Commission Fiskars Brands has issued a recall for their SmartPower String Trimmers product. The CPSC reports there is a burn fire and laceration hazard resulting from a potentially weak fuel line faulty mounting of the head unit and high temperatures on the trimmers cutting guard. For further information consumers are advised to contact Fiskars Brands at 877-495-6645.
Commentary
While this is not a recall with a high product count consumers should still take caution and contact that number if they believe they have purchased this product between January of this year and July. Typically when a manufacturer finds a fault or hears of potential claims against them they will issue recalls to mitigate liability. If an issue is serious enough for a corporation to issue a recall consumer should heed their warning.
Texas Product Liability Attorney Michael Grossman
Local reports indicate one woman was killed and another seriously injured in a wreck with a suspected drunk driver Saturday morning August 20. 41-year-old Samuel Montoya was driving his SUV when he struck a pickup driven by 44-year-old Blanca Cantu. Cantus passenger 48-year-old Norma Rios suffered critical injuries and was later pronounced dead at McAllen Medical Center. Cantu is listed as in stable condition. According to police Montoya admitted to drinking at a bar before the incident.
Site of the Accident
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Commentary
Day in and day out drunk drivers in Texas continue to endanger motorists and themselves on the roads. The prevalence of these tragedies are becoming an epidemic in this state. A third party investigation should be conducted to determine all liability. Certainly if the man was found to be drunk prior to the accident he may assume great fault in this wreck and be named a defendant in a wrongful death and/or personal injury claim. Further the man seems to implicate a bar was serving him before this wreck. While this would need to be corroborated with the investigation if this if found true the bar could be held partially liable in this accident. Texas has in place dram shop laws that can hold alcohol-serving establishments partially liable in the event a patron is involved in an accident after leaving. The laws dont take blame from the driver but rather identify all parties involved in a tragedy like this. To obtain and keep a liquor license bars must show and continue to show an understanding and enforcement of rules developed by the TABC. My firm takes a tough stance on bars that do not uphold these standards as it is just a matter of time before another incident happens that resulted in their over-serving.
According to local reports a trucker was injured when a suspected underage drunk driver cut his rig off at mile marker 564 of Interstate 20 in Texarkana Texas. The accident occurred around 2:20 p.m. Friday August 19 when Texas Department of Public Safety troopers believe the 19-year-old male attempted to pass 63-year-old Steven Sharpes rig cutting him off on the interstate. The teens car then struck the rig injuring Sharpe. The teen has been arrested for driving with intoxicated.
Commentary
Many of my blogs detail inconsistencies regarding the trucking industry and some of its drivers. While a detailed independent investigation is needed to determine liability it would appear this trucker was caught at the wrong place at the wrong time. When drivers choose to drink and drive they make a reckless move that could endanger themselves and others on the roadway. If the teenager was indeed found to intoxicated typically this places liability upon him. There could be a personal injury claim for the truck driver. Unfortunately this may be the only claim present. This is due to what some believe to be a loophole in Texas Social Host laws that could hold a homeowner liable for their guests. If the teen was 18 or younger these laws would be in place but the loophole usually does not cover 19 and 20-year-olds. This is due to a legal distinction in Texas between minors above 18 but not yet adults.
Texarkana Personal Injury Attorney Michael Grossman
According to local reports a man was critically injured in a parking garage when a vehicle backed into him. The accident occurred before 2 a.m. Saturday August 13 when 24-year-old Grant Morby was found on the second floor parking garage of The Lofts at West 7th of his friends apartment. The white pickup that struck Morby was driven by a man with a female passenger and fled the scene before authorities arrived. Morby is in critical condition at Texas Health Harris Methodist Hospital Fort Worth.
Site of the Accident
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Commentary
Those who flee the scene of an accident deserve some level of initial skepticism. I know that area very well and would not be surprised to see the couple in the truck may have been intoxicated. Once the authorities find the driver of the truck a third party investigation should be conducted to determine liability. The obvious claim here is a personal injury claim but if the investigation could link the couple to a bar in that area there could be a civil claim against that establishment as well. Texas dram shop laws are in place to hold bars or other alcohol-serving establishments partially liable in the event of an accident. These laws seek to enforce the rules of serving alcohol established by the TABC and could open a third party up to a claim in a personal injury matter.
Fort Worth Personal Injury Attorney Michael Grossman
According to the United States Consumer Product Safety Commission Office Depot has issue a recall on Realspace PRO 3000 Series Desk Chairs. The report indicates customers can get fingers caught in the chairs crevasses causing a laceration and pinching hazard. Customers are asked to contact Office Depot if they believe they have purchased the chair at (855) 259-5093.
Commentary
Manufacturers will often issue recalls in an attempt to lessen future liability. If a manufacturer is determined to know about a design flaw but drag their feet in recalling the item(s) great liability could be placed on the company. If you believe you have purchased one of these products please immediately contact Office Depot.
According to local reports a passenger was injured while riding with a suspected drunk driver in Choctaw County Oklahoma. The accident occurred around 10:30 p.m. Wednesday August 17 when 34-year-old Daniel Martin passed a car in a one-way no-passing construction zone then drove through traffic cones and crashed into a work trailer. Martin then fled the scene. Rattans passenger 41-year-old Timothy Paul Young was pinned inside the truck for roughly an hour before he was removed. Young was taken to a Plano Texas hospital where he is listed in stable condition.
Commentary
Drivers who choose to drink and drive endanger themselves their passengers and other motorists. While an independent investigation is needed to determine liability if the man was found to be drunk prior to the accident his passenger could have a personal injury claim. This is because when a person drinks and drives they act recklessly and without regard to safety. Unfortunately in Oklahoma a personal injury claim may be the only civil claim against this man as the state does not employ dram shop or Social Hosts laws like their neighbor Texas. These laws could have made another third party claim against the man if he was found to be imbibing at a bar or residence prior the wreck.
Texas Personal Injury Attorney Michael Grossman
Local reports indicate a 12-year-old girl was killed and two others injured with a collision with an 18-wheeler hauling sawdust. The accident happened around 9:20 a.m. Wednesday August 17 when a van was struck by the tractor trailer killing 12-yaer-old Tess Meisel and injuring 15-year-old Samantha Hollender and 13-year-old Samantha Gaivao. Police indicate the rig was taking a curved yield entrance ramp onto Route 2 when the trailer tipped over and struck the van carrying the girls. Authorities are continuing to investigate the accident.
Approximate Site of the Accident
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Commentary
With children of my own Im bothered by this accident. A third party investigation is needed to determine liability in this accident. I find it interesting the news feed singles out the curved on-ramp to Route 2. My firm has litigated several cases where a trucker believes they can exceed posted limits to get up to highway speed. This is certainly false and indeed illegal. While I do not want to accuse anyone sadly over the years I have been privy to several instances of commercial vehicles taking advantage of motor laws. A proper investigation would point to parameters like these that could open parties to wrongful death and personal injury claims.
Texas Personal Injury Attorney Michael Grossman
According to the U.S. Consumer Product Safety Commission Macys Merchandising Group has recalled close to one million pieces of the Martha Stewart Collection Enamel Cast Iron Casseroles cookware. The product is said to pose a laceration and burn hazard. The items were sold at Macys stores between June 2007 and June 2011 for between $25 to $170. For more information consumers are encouraged to contact Macys toll-free at (888) 257-5949 or visit www.macys.com.
Commentary
In my experience a manufacturer would not recall nearly one million pieces of product if the product did not pose a serious health risk. Typically these companies have identified a hazard and are attempting to mitigate future liability from injury claims. Because this is a large recall to a line of product with 4 years of retail customers should immediately stop the use of this product and consult with Macys.
Texas Product Liability Attorney Michael Grossman
According to the USCPSC distributor Radio Flyer has recalled roughly 200000 units of their riding today Scoot n Zoom today Wednesday August 17. The toy is said to be a fall hazard as the unit can tip over causing injury to the rider. To date 6 incidents including loss of teeth and stitches to facial regions have been reported. For more information call Radio Flyer at (800) 621-7613.
Commentary
Manufacturers will often issue a recall when a product of theirs is found to pose some level of safety concern. This recall is an attempt to mitigate future harm and more importantly (to them) liability. Customers who may have purchased one of these toys are strongly advised to call that Radio Flyer hotline and determine if their childs toy is defective.
Texas Product Liability Attorney Michael Grossman
According to the CPSC General Motors has issued a recall on 2012 Buick Lacrosse vehicles manufactured from June 9 2011 through July 2 2011. The vehicles may have a calibration issue with the stabilitrak system causing the Electronic Stability Control System to falsely activate. This activation could change the handling of the car and cause an accident. Owners can contact Buick at 866-608-8080.
Commentary
Often companies will issue recalls to lessen future liability. This recall is geared towards the suspension and drive ability of the vehicle. In other words this recall should be taken seriously. Any readers who own a 2012 Buick Lacrosse should contact Buick or call the National Highway Traffic Safety Administrations Vehicle Safety Hotline at 888-327-4236.
Texas Product Liability Attorney Michael Grossman
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