Month: September 2011

According to the U.S. Consumer Product Safety Commission Kubota Manufacturing of America Corp. has issued a recall on approximately 6100 riding mowers. The mowers are said to have a faulty fuel hose clamp which can cause gas to leak posing a fire risk. The mowers in question were sold at Kubota dealers nationwide from April 2010 to April 2011. For further information Kubota can be contacted at (800) 752-0290.

Commentary
No injuries have been reported but readers are encouraged to take note of this recall. A fuel leak in any motor vehicle is a very dangerous problem. When companies become aware of such an issue in an effort to mitigate liability they will issue a recall whether voluntary or mandatory. Injuries resulting in this fuel leak and subsequent fire risk could give consumers standing to file a personal injury claim against the manufacturer.

Texas Product Liability Attorney Michael Grossman

According to the company Cochlear has issued a voluntary recall on its unimplanted Nucleus CI500 range devices. The company cites an unspecified failure of the device. The company is offering an older model as replacement for the recalled product. Consumers are advised to contact Cochlear for a product exchange.

Commentary
Typically companies do not voluntarily recall their products. One can probably assume the failure the company wishes not to disclose is a relatively serious one. A voluntary recall will often be issued as a posturing measure by a company before a mandatory recall is handed down by the USCPSC or FDA. The idea here is to mitigate liability while protecting the brand name hence the move back to an older line of product.

Texas Product Liability Attorney Michael Grossman

According to the manufacturer Volkswagen is set to recall roughly 30000 Jetta sedans with the model year 2011 or 2012. The recalled models have a tip added to the exhaust system that poses a burn risk to people. The tip adds length to the exhaust system adding the chance for a burn.

Commentary
The recall notes that Volkswagen has received complaints of burns because of the tipped exhaust system. This recall is geared more towards a design defect rather than a faulty exhaust system as a reasonable person can expect the system to be hot but should not have to act differently around the perimeter of the vehicle. It would appear Volkswagen is taking the correct approach and issuing an extended recall beyond the means necessary which is commendable. Consumers are encouraged to contact their local dealership to have the part replaced.

Texas Product Liability Attorney Michael Grossman

According to a study published in the American Journal of Obstetrics and Gynecology women who take the antidepressant Celexa are twice as likely to give birth to a child with birth defects. The study was conducted in Denmark in 2009 with over a half a million children examined. Use of the drug doubled the risk for heart defects typically involving issues with the septum of the heart.

Commentary
To determine an actionable cause against a drug manufacturer a detailed examination of the drug is require. This type of examination cannot be handled by a layman in the field and must be water tight in the face of a defendant with limitless pockets to litigate these actions. Studies like the one mentioned in the news feed go a long way in providing leverage against one of the manufacturers as the risk for lawsuit rises exponentially with new potential plaintiffs.
Essentially claims like these can be compared to personal injury and product liability claims in that the law believes a manufacturer has a duty to produce a safe product free of injury to a consumer. When that duty is breached and an injury results if that injury can directly be related to the drug that manufacturer could be liable. From there damages like medical expenses both past and future (the key here being future damages associated with a condition the child will have forever) and pain and suffering can be claimed and hopefully force a manufacturer to redesign their product with safety in mind.

Texas Drug Injury Attorney Michael Grossman

According to local reports two children and a mother were injured following a single-vehicle accident in Hephzibah Georgia. The accident occurred late Sunday night September 11 when police say 27-year-old Chasity Weston was driving drunk with her two children in the car. The vehicle she was driving ran off a highway and flipped several times ejecting the two children from the car. Both children are recovering in a local hospital from injuries sustained in the wreck.
A year ago Weston was charged with DUI reckless driving and child endangerment.

Commentary
Drunk driving is a horrendous action but to make the choice to drink and drive with your children in the vehicle is deplorable. While a third party investigation is needed to shore up liability if the woman was indeed intoxicated she could face personal injury claims presumably filed by the father or nearest relative.
A claim of this nature would need to arise from someone close to the children who can prove the womans duty to reasonably protect the children on the roadways was breached by this driving. Medical costs pain and suffering and future disability caused from this accident are all damages that could be claimed. Irrespective of my analysis something needs to be done to stop this drunken driving.

Texas Personal Injury Attorney Michael Grossman

Local reports indicate a man was killed in a head-on collision in Marion County Texas. The accident occurred around 5:00 p.m. Sunday September 11 when authorities believe 43-year-old Bruce Wade White lost control of his vehicle swerving into oncoming traffic and striking the vehicle of 46-year-old Richard Brent Gustafson head-on. White was pronounced dead at the scene as a result of this accident. Gustafson was taken to a hospital in Marshall Texas where he is listed in stable condition.

Commentary
While many will be quick to fault the driver whose vehicle veered into oncoming traffic I would caution my readers to wait for the facts to be presented. A third party investigation is needed separate of the police report to determine liability. Certainly the investigation should check for driver fatigue excessive speed or intoxicants as a cause for the accident. However other issues that present themselves fairly commonly should be checked namely mechanical failure. One of the most common failures we see at the firm is braking failures causing drivers to lose control of their vehicle and almost always ending in a wreck.
While driver error could fault the motorist in this crash a braking failure tire blow out or steering malfunction could fault a manufacturer in a personal injury claim. Furthermore this type of causal event could give survivors of White standing in a wrongful death lawsuit.
Contingencies like these reveal why a separate investigation is needed. The police will analyze an accident and determine fault based on what is presented to them. It is not their job to examine manufacturers or other third party possibilities.

Tyler Personal Injury Attorney Michael Grossman

According to the manufacturer Honda is recalling 310773 Pilot SUVs with the model years 2009 through 2011. The recall is aimed at a potential defect in the stitching of the seat belts. The stitching may be incomplete near the lap section of the belt posing a risk of detaching from the anchor and not providing a safe seat belt in an accident. Two complaints have been issued regarding the detaching belts.

Commentary
Recalls aimed at any safety feature of a vehicle should be given high deference. A car without a proper seat belt can be a great liability to a manufacturer as that faulty product could be linked to injuries in an accident. Knowing this risk manufacturers will issue recalls to mitigate this liability and prevent future injury. If any of my readers own a Pilot with the model year 2009 2010 or 2011 you are strongly encouraged to contact your Honda dealership and arrange for a replacement.

Texas Product Liability Attorney Michael Grossman

Published in the New England Journal of Medicine a study suggests a link between pregnancy side effects and the antidepressant medication Prozac. The study links women who take Selective Serotonin Reuptake Inhibitors after their 20th week of pregnancy experience a risk of giving birth to a newborn with persistent pulmonary hypertension six times the the risk of women who do not take the drug. With the sixfold increase the risk for persistent pulmonary hypertension also known as persistent fetal circulation the risk jumps to 1%. Infants exposed to Prozac have also faced respiratory issues premature delivery and cyanosis.

Commentary
Persistent fetal circulation is a very serious condition that produces a life-threatening lung condition that affects newborns as soon as they are born. Even with this 1% chance of diagnosis the ramifications of this condition are huge. As a result several lawsuits have been initiated to address this inconsistency with the drug Prozac. Drug manufacturers have a responsibility just like any other product-producing company to design and replicate a drug that is safe for general use. When companies produce a product that harms its consumers liability can fall on the manufacturer for this production. Looking at claims and reading the New England Journal of Medicine this liability could manifest itself in the form of personal injury and wrongful death claims typically filed by the parents. These types of claims require an expert investigation to link a newborns condition with the antidepressant drug but can attempt to compensate a grieving family.

Texas Drug Injury Attorney Michael Grossman

According to the U.S. Consumer Product Safety Commission Pottery Barn Kids has issued a recall on roughly 81000 soft dolls that pose a strangulation risk to children. The products in question are called Chloe Sophie and Audrey soft dolls. The products were exclusively sold at Pottery Barn Kids stores. For additional information contact Pottery Barn Kids at (855) 880-4504.

Commentary
The recall lists 5 separate complaints of the dolls hair creating loops long enough to pose a strangulation hazard. When a company discovers a risk of injury from one of their products they are required by law to rectify the situation. Recalls whether voluntary or not are done in an effort to mitigate liability and deplete future damages. While this recall is not one of a great quantity readers should still take caution if they believe they own one of these toys.

Texas Product Liability Attorney Michael Grossman

According to local reports a BMW crashed into a construction truck on Pacific Coast Highway in Santa Monica California sending two to the hospital. The accident occurred around 1:35 a.m. Friday September 9 when police believe the driver of the BMW was speeding struck construction cones and then the vehicle. The truck then caught on fire with both occupants sustaining injuries.

Site of the Accident

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Commentary
Other news feeds state the Santa Monica Police are investigating whether or not alcohol was a factor in this accident. At that time of night and those circumstances investigations should always examine that possibility. While a third party investigation would need to corroborate the police report the BMW driver could face liability in personal injury claims if he was indeed speeding as the story suggests. Especially in construction zones where pedestrians are working and drivers are naturally disheveled motorists have a heightened duty to act within the law and operate in a safe fashion. Speeding or reckless driving negates this duty and could place fault upon a motorist.

Texas Personal Injury Attorney Michael Grossman