According to the U.S. Consumer Product Safety Commission the retailer Ballard Designs has issued a recall on their Stafford line of step stools. The stools have plastic tabs on the feet which can make the products unstable leading to a fall hazard. Ballard has received 6 complaints including 2 resulting in injury. Ballard can be contacted at (888) 606-2627.
Commentary
When a manufacturer learns of a defect in one of their products a recall is typically issued in an effort to mitigate liability. Injuries resulting for the use of a faulty product can have ramifications for the company if the injury can be tied to a particular defect. Because of this tricky coupling of cause and effect an independent investigation is needed if an injury occurs from a product.
A successful claim can result in the recovery of damages like medical bills pain and suffering and lost wages.
Texas Product Liability Attorney Michael Grossman
According to local news reports a young girl and her grandmother were injured in a pedestrian accident involving a hit-and-run driver in Irving Texas. The accident occurred Sunday morning October 2 when 7-year-old Tinniyah Miles and 57-year-old Alberta Sago were struck by a driver whose vehicle traveled onto a sidewalk where the two were about to enter a vehicle. The driver of what authorities describe as a green Mazda sedan then fled the scene eventually exiting the vehicle and fleeing on foot.
Irving police believe the suspect prior to the accident veered into oncoming traffic. Then trying to avoid a collision swerved away and lost control of the vehicle causing it to travel onto the sidewalk.
Tinniyah Miles was taken to Childrens Medical Center Dallas in critical but stable condition while Alberta Soga was taken to Parkland Memorial Hospital in the same condition.
The driver has been identified as 27-year-old Marvin Perez.
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Commentary
First and foremost I hope the grandmother and her grandchild experience a full recovery from the accident. The experience these two have gone through is unimaginable. To begin to understand all the elements of this accident an independent investigation is needed for liability purposes and to recreate the collision. A number of factors are involved in this accident each of which affect a fault determination.
Some witnesses have stated the car appeared to be traveling at a high rate of speed prior to the accident. While this has not been confirmed if the investigation could corroborate these accounts this could be the causal genesis to the accident and ultimately may fault a driver in dual personal injury claims.
To have standing in one of these claims the basis is formed by a decision of reasonable duty. In other words drivers have a duty on the roadways to perform in a safe manner according to what a reasonable person would expect. Driving at a speed higher than the rate posted is probably sufficient to breach this duty which is the second element in a personal injury motion.
Speeding is just one example of what a reasonable person would probably think breaches a drivers duty to the roadways. Erratic driving driving under the influence or operating without a license could all be other examples of actionable causes to a claim.
With the successful basis a claim can be made for issues like medical bills pain and suffering or loss of earning capacity from the accident. I realize of course that thinking of a claim soon after an accident is difficult but dealing with an accident and the financial hardships that follow is worse. Regardless recovery is the real issue here and again I hope it is a speedy and successful one.
Dallas Personal Injury Attorney Michael Grossman
According to local news reports a large fire has broken out at Magnablend Chemical Plant in Waxahachie Texas. First reports of the fire were received before noon Monday October 3 from the plant located in the 1600 block of West 287. Several explosions and smoke plumes have been reported from the fire causing authorities to ask everyone near the plant to remain indoors. No further information has been released.
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Commentary
Details are minimal at present but I hope everyone safely made it out of the building. Readers near the Waxahachie plant should remain indoors until the fire is suppressed. Check back with us as more details become available.
Dallas Personal Injury Attorney Michael Grossman
According to the U.S. Department of Agricultures Food Safety and Inspection Service Manning Beef LLC is voluntarily recalling roughly 80000 pounds of beef products for a risk of E. coli contamination. Each shipment box has the phrase EST. # 934 on the product label. The company believes the shipments reached centers in Arizona California and Nebraska.
Commentary
This recall marks the second large recall of beef for E. coli risk. Readers are reminded to only consume beef that has been cooked at a temperature of at least 160 degrees which is really only safely accomplished by using a thermometer. Food injuries are a delicate area of personal injury law as many injuries from contaminated food may not bring enough damages to warrant a claim against the manufacturer. Litigation and court costs can often outweigh a civil claim. On the other hand the recent Listeria outbreak from cantaloupes has produced extensive injuries even death which are certainly actionable. At any rate readers should be mindful of these recalls and in this case only consume properly cooked beef.
Texas Food Injury Attorney Michael Grossman
According to several studies Plavix has been linked with an increased risk in heart attacks strokes ulcers and Thrombotic Thrombocytopenic Purpora. Users with high cholesterol experienced a doubled risk of heart attack or stroke while users with gastrointestinal issues experienced a twelve-fold increased in ulcers and/or internal bleeding when compared with the use of a common aspirin.
Commentary
At one point Plavix was the second most sold drug in the world. When a product of this magnitude has a defect you can bet there will be claims made. When a consumer takes a medication they have an expectation of the intended use plus side effects. When prevalent side effects are not disclosed a manufacturer could be liable for the injuries. A third party investigation is needed to link the injury with consumption of the drug. From there a drug injury claim takes on many of the aspects of a product liability claim where a manufacturers negligence in creating a safe product resulted in the victims injury.
Texas Drug Injury Attorney Michael Grossman
According to the manufacturer True Leaf Farms is recalling 90 cartons of bags of romaine lettuce due to possible listeria contamination. The company believes most of the shipments went to an Oregon distributor but may have reached Washington and Idaho. The recalled bags have a use-by date of September 29 and their bag code is B256-46438-8.
Commentary
This recall is not linked to the Jensen Farms recall of cantaloupes but should be treated just as severely. That recall has proved deadly as several have died from the consumption of the tainted produce. The disease is particularly dangerous to elderly consumers or those who have weakened immune systems.
When an injury occurs from the consumption of a product an independent investigation is needed to confirm that link. Defense attorneys are knowledgeable in decoupling this link and removing proximate cause from the product in question. This type of maneuver could remove fault from a manufacturer and leave a victim undercompensated or without any recovery.
Texas Product Liability Attorney Michael Grossman
Local news reports indicate two construction workers were injured when a vehicle crashed into the work zone in St. Paul Minnesota. The accident occurred around 12:30 a.m. Thursday September 29 when the driver ran into the site. The vehicle did not directly strike the workers but they did sustain injuries in the wreck. The driver ran from the scene leaving two passengers in the car who also sustained injuries. The driver has not been found yet.
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Commentary
I hope all the victims in this accident experience a full recovery. When the driver is found by the police (and he or she will be) they have some explaining to do for the accident. Several possibilities could arise from this accident each of which need an independent investigation to verify.
For example if the driver was found to be using excessive speed prior to the accident that could implicate the person in multiple personal injury claims. These claims are dependent upon a determination of duty and responsibility related to the accident. Duty is defined by what is reasonable for persons involved in the accident to expect to occur under normal circumstances. In other words it is probably reasonable to assume drivers have duty to slow down in a construction area. Responsibility is breached when the duty is not met which could implicate a party in a claim.
This type of claim could allow recovery for the victims in this accident to get back to work and life before the incident.
Texas Personal Injury Attorney Michael Grossman
According to the U.S. Consumer Product Safety Commission the manufacturer of Musical Wooden Table Toys has issued a recall of the product due to a choking hazard to young children. Pegs from the toy can become loose and detach themselves posing a risk to children. The maker of the toy Battat can be contacted at (800) 247-6144.
Commentary
The manufacturer reports several complaints of pieces detaching but no injuries as of yet. Any small object around a child can be dangerous but when it is a toy specifically for younger kids parents should be aware of the hazard. If an injury occurs from a product a third party investigation is needed to couple that injury with the defective nature of the product. From there a claim essentially takes on the nature of a personal injury action.
Texas Product Liability Attorney Michael Grossman
According to a study titled Study of the Effectiveness of Additional Reductions in Cholesterol and Homocysteine the results found that taking a dosage of 80 mg a day of simvastin the generic name for Zocor produced an increased risk of myopathy and rhabdomyolosis. Myopathy is a disease which affects muscle fibers resulting in muscular weakness. Rhabdomyolosis is a type of myopathy which targets the muscles associated with the skeleton.
Commentary
Since the study was conducted Merck Zocors manufacturer has issued a change in prescription information of the drug over concerns of the levels of simvastin consumers were taking.
If disclosed certain side effects are reasonable with the taking of a drug. However a disease that rapidly breaks down skeletal muscle producing a higher chance of organ failure is not a reasonable effect. This is the basis for product liability law as a level of reasonableness is established between consumers and a manufacturer. From there an expert is needed to investigate the injury and pair it with the medication. If an injury is found from the continued use of the medication a claim against a manufacturer proceeds much like a personal injury claim as the company has breached what a reasonable consumer would expect regarding the safe consumption of the product. A damages determination is then made in an effort to fully compensate the victim.
Texas Drug Injury Attorney Michael Grossman
According to WFAA a motorcyclist was injured in a head-on collision in the Fair Park area of Dallas Texas. The accident occurred around 1:30 a.m. Thursday September 29 when the biker was struck by a driver who police are investigating for driving under the influence. Police believe the driver was traveling the wrong-way along the 6-lane street of Robert B. Cullum Boulevard. The motorcyclist was taken to a local hospital where their status is unknown.
Update: The motorcyclist has been identified as 54-year-old Earnest Cleveland.
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Commentary
I hope the motorcyclist experiences a full recovery from the accident. An independent investigation is needed to determine liability from the collision. The reports suggest the police are investigating the driver of the other vehicle for suspicion of driving under the influence. Certainly these are only allegations at this point but this could prove crucial in both criminal and civil matters.
If the driver was indeed found to be drinking most realize the criminal penalties they could face. However other civil actions are possible. With a verified account of driving under the influence the driver could face liability in a personal injury claim. The law views this act as reckless and a possible breach of the reasonable responsibility to safety that drivers possess on the roadways.
Furthermore the timing of this accident makes me question if another party is involved in this accident. Again the investigation would need to corroborate that the driver was under the influence at the time of the accident but from there the focus should turn to whether or not a bar or restaurant was involved in the over-serving of a patron. Texas holds laws called dram shop laws which can partially fault an alcohol-serving entity if they are found to have over-served a patron who is then involved in an accident. This is a technical process that requires pairing the intoxication level with the establishment but can go a long way in compensating a victim in a drunk driving accident. In no way does a dram shop action remove fault from the driver as they still face the same penalties as I mentioned before but rather they aim to enforce rules established by the TABC.
Regardless of the outcomes of this accident I hope the motorcyclist recovers fully. From there civil claims can be made to get life back to the way it was before the accident and move on.
Dallas Personal Injury Attorney Michael Grossman
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