According to the U.S. Consumer Product Safety Commission Manhattan Goup LLC has issued a recall on Twirlla wooden rattles because of an apparent choking hazard to young children. Pieces of the rattle can dislodge and become a hazard. Customers are encouraged to contact Manhattan Group at (800) 541-1345.
Commentary
When a manufacturer discovers a flaw in a product they are required to report the flaw to the CPSC. The administration then determines the severity and either asks for a mandatory recall of the product or the company will issue their own voluntary recall. The latter occurred here indicated the incidents or injuries are probably minimal right now. At any rate the risk of liability is still present with these toys and readers are encouraged to contact Manhattans number above.
Texas Product Liability Attorney Michael Grossman
According to the US CPSC nine manufacturers have issued a recall on their pourable gel fuel products. The gel poses serious flash fire hazards and burn hazards to consumers. The manufacturers are: Bird Brain Inc. Bond Manufacturing Sunjel Company Fuel Barons Inc. Lamplight Farms Inc. Luminosities Inc. Pacific Decor Ltd. Real Flame and Smart Solar Inc. The gel can ignite unexpectedly and splatter on people.
Commentary
While this is a voluntary recall the CPSC states 65 incidents have been reported including 37 burn injuries and two fatalities. This recall should be taken seriously. Manufacturers will often issue recalls either voluntary or not in an effort to limit damages owed in the future. Many recalls will be for items that pose a laceration or burn risk but with a fatality risk in these gel fuel products readers are cautioned to stop using these items.
Texas Product Liability Attorney Michael Grossman
Local reports indicate one man is dead and two passengers injured in a single-vehicle rollover accident in Austin Texas. The accident occurred around 12:30 a.m. when 32-year-old Romualdo Martinez-Perez lost control of his vehicle causing it to rollover on State Highway 71. Martinez-Perez was killed at the scene while another was taken to University Medical Center Brackenridge in critical condition. The third passenger was treated and released.
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Commentary
As I mentioned in a previous blog those who operate a motor vehicle have a responsibility to operate in a responsible manner. An investigation is needed to determine if this responsibility was breached in this accident. In my experience I would not be surprised to see excessive speeding or erratic driving as a cause of this accident. When a driver fails to abide by normal and posted rules they could assume liability in a personal injury claim. It has not been mentioned in any part of the news feed but it should be said that if a driver is found to be imbibing prior to an accident they typically assume fault regardless of the accidental circumstances. Obviously with the minimal facts of the event thus far I am speculating as to the causes but my aim is to reveal the fact-specific nature of even single-vehicle accidents.
Texas Personal Injury Attorney Michael Grossman
According to local reports a man was rear-ended on U.S. 277 near Christoval Texas. The accident occurred Tuesday August 29 when 25-year-old Chad Warren Eivens was struck by the vehicle of 28-year-old Kenneth Daniel Kuykendall. Eivens said he stopped to make a turn into a driveway and noticed a vehicle approaching him that was not slowing. Eivens sped up to avoid a stationary wreck but was struck from behind and spun counterclockwise. Kuykendall told Department of Public Safety troopers he thought he was far enough in the shoulder to avoid Eivens.
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Commentary
Drivers have a responsibility to themselves and others on the roadway to operate in a safe manner. While a third party investigation is needed to determine liability if the police reports are accurate and the man was negligent in avoiding the vehicle he could face liability in a personal injury claim. Typically a claim like this requires three variables to be successful. First duty of care must be breached. This speaks to the responsibility I spoke of earlier. Secondly there must be damages which are essentially a dollar value placed upon injuries. The police report says the victim was taken to a local hospital so you can bet he will incur medical costs. Third there must be a solvent defendant in a personal injury claim. Unfortunately in todays wired-in world it is very easy for a defendant to hide or relocate assets to fake their own solvency. The latter issue highlights the particular usefulness of a separate investigation as this is not normally a factor the police report will address.
Abilene Personal Injury Attorney Michael Grossman
Local reports indicate a two-month-old infant was killed in a single-vehicle accident in Amarillo Texas Tuesday August 30. Police believe the accident occurred about 4:40 p.m. when the driver of the vehicle 30-year-old Dah Man lost control. The vehicle then swerved into oncoming traffic and struck an embankment. Two-month-old passenger Dae Da On was killed in the accident. Both Man and another passenger were admitted to Northwest Texas Hospital. Police state Man had been driving drowsy and believe the infant was not properly restrained in the car seat.
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Commentary
While an independent investigation is needed to determine liability I can safely say this a tragedy. If the police reports are accurate and the man was driving erratically (possibly related to the drowsiness reported in the news feed) he could face fault in the accident. Driver fatigue and driver inattentiveness are just a few examples of a reckless driver who typically incurs liability. In a matter like this the wrongful death claim would probably need to be originated by the infants mother. The police are reporting the child was improperly restrained which could also factor into liability determination. The other passenger depending on age of course could also have standing in a personal injury claim due to the hazardous driving of the man.
Amarillo Personal Injury Attorney Michael Grossman
According to local reports a 3-year-old girl was struck by a hit-and-run driver in Shreveport Louisiana. The accident occurred around 5:30 p.m. in the 2500 block of Emery Street when witnesses state the driver of a Dodge pickup had an argument with a woman and then sped along the road. During this speeding the driver swerved into a grassy section of the road and hit the child.
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Commentary
Hit-and-run accidents are particularly annoying but when a small child is involved they become even more heinous. A third party investigation is needed to determine liability. When a driver commits a hit-and-run accident they could assume fault in the incident because of their recklessness in failing to render aid. This could open the possibility of a personal injury claim against the driver once he is found. I have mentioned in other blogs that in my experience hit-and-run offenders often have something else to hide other than the actual accident. Over the years these have included intoxication possession or warrants however none of the reasons Ive seen are an excuse to leave the scene of an accident. Obviously Im guessing at what happened here but this emphasizes why a separate investigation is needed beyond that of the police report to determine all contingencies and liabilities.
Texas Personal Injury Attorney Michael Grossman
According to local reports a woman was severely injured following an accident with a man suspected of intoxicated driving in Lexington Kentucky. The accident occurred Monday night August 29 when 19-year-old Samantha Arnold was hit head-on by 47-year-old Thomas Wright. Police believe Wright was intoxicated prior to swerving his vehicle into the lane of Arnold. Arnold is currently in a coma and will undergo surgery Wednesday August 31. Court documents reveal Wright has been arrested twice once for driving under the influence of alcohol and marijuana and once for reckless driving having an open container.
Commentary
The news feed does not mention whether or not the man had a current license but one has to wonder how he has maintained his driving privileges. In discussing this incident a third party investigation is needed to determine liability. If the police reports are accurate and the man was intoxicated (on seemingly more than one substance) most would correctly assume he could incur great fault in a personal injury claim. What some may not know is the state of Kentucky allows for third party claims in alcohol-related accidents. What I mean is if the man was found to be over-served at a bar or restaurant before being involved in this wreck that establishment could face partial liability. This third party claim in no way removes fault from the driver for their actions but rather identifies causes of the wreck via dram shop laws. The laws are used to hold alcohol-serving establishments accountable and held to the liquor license they possess.
Texas Personal Injury Attorney Michael Grossman
According to the U.S. Consumer Product Safety Commission Petzl America Inc. has issued a recall on GRIGRI 2 belay devices with assisted braking as the product poses fall hazards for consumers. The handle can become stuck in the open position disabling the assisted braking function of the device and potentially injuring users. Consumers are encouraged to contact Petzl America at (800) 932-2978.
Commentary
While this is not a high quantity recall those who have purchased the device are strongly encouraged to return it to Petzl for a replacement. After finding a flaw or hearing complaints about their product a manufacturer will issue a recall on units in an effort to reduce future liability. My readers should check if they have purchased the recalled product and contact the number above.
Texas Product Liability Attorney Michael Grossman
According to the United States Consumer Product Safety Commission Pacific Cycle Inc. has issued a recalled on Playsafe Dartmouth Swing Sets model number 22-PS340. The sets sling-style swing seats can split open exposing riders to a fall hazard. The sets were sold at Toys R Us stores from January 2011 through May 2011. Pacific Cycle can be contacted toll-free at (877) 564-2261.
Commentary
When a manufacturer discovers a hazard in one of their products they often issue a recall to mitigate liability. According to the CPSC Pacific Cycle has received 5 reports of breaking seats each resulting in scrapes and bruises. Companies can be at great fault if they discover faults or receive complaints but fail to act before another injury occurs. This particular recall only covers products for a 5-month span but readers should check if they believe they may have purchased one of these sets.
According to local reports a 6-year-old girl was injured when she was attacked by a 65 pound pit bull in San Diego California. The child was playing at a friends house when the chained dog bit the young girl. The owner attempted to intervene and was also bit on the hand while the childs playmate was bit on the shoulder. Animal Control Services are investigating the accident.
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Commentary
I hope that all involved including the dog turn out to be fine. Children are often more susceptible to dog attacks as they often do not understand the animals boundaries. A third party investigation is needed to determine liability. In most states a homeowner has a reasonable expectation to keep their guests safe. This safety includes threat of dog attack. If the investigation reveals the homeowner neglected to secure their property they could potentially be liable in a personal injury claim.
Texas Premises Liability Attorney Michael Grossman
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