Month: November 2011

According to KLTV a man was injured when his motorcycle collided with an SUV in Tyler Texas. The wreck occurred Wednesday evening October 26 when 37-year-old Nathan Robertson was hurt when Tyler Police believe the SUV failed to yield the right-of-way to Robertson who was making a left turn. He was taken to a local Tyler hospital with non-life threatening injuries.

Site of the Accident

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Commentary
Because of the inherent risk of catastrophic injuries extra caution should be taken when operating a vehicle near motorcycles. Lets hope the victim recovers quickly. In an accident resulting in injuries the conclusions of the police report and separate investigation can significantly aid in developing a civil strategy moving forward.
A victim needs this information and analysis as one of the foundations of a personal injury lawsuit is a breach of duty. On the roadway every driver has a certain duty towards safety. This is typically defined by driving with a normal regard towards traffic laws and a reasonable effort at safe operation. If an investigation can determine that a party breached this duty of care on the roadway there may be standing in a civil claim. From there an estimation of damages needs to occur but should be done within an appropriate time frame. Too soon and this figure may not represent what the victim has actually incurred (an example of this is extended rehabilitation whose monetary value could seriously fluctuate) while too late and an insurance company is given ammunition to dispute the link between injuries and the actual incident.

Tyler Personal Injury Attorney Michael Grossman

The number of deaths from the recent outbreak of Listeria has jumped to 28 across roughly a dozen states. According to the Centers for Disease Control and Prevention the most recent death occurred in the state of Louisiana.  The outbreak has been traced to a Jensen Farms facility in Colorado. The company states shipments of cantaloupe the fruit found to be tainted with the bacteria have reached the states of: Colorado Indiana Kansas Maryland Missouri Nebraska New Mexico New York Oklahoma Texas and Wyoming.

Update: The number of deaths associated with Listeria has reached 28.

Commentary
This post is an update from an earlier blog as it would appear the outbreak has not been controlled just yet. Though incidents resulting from the contamination seem to relate back to Jensen Farms other companies have pulled their product as well. As I mentioned before most food injuries produce minor health problems like nausea for a period of a day or two and typically go away. These types of injuries probably do not warrant the court costs of filing a suit. However a fatality resulting from contaminated food is another ballgame entirely well beyond what a reasonable customer would expect from a products consumption.
My readers should practice extreme caution consuming cantaloupes and stay apprised of the recalls being issued on produce.

Texas Food Injury Attorney Michael Grossman

According to the manufacturer BB Buggies Inc. is recalling their Bad Boy Buggies off-road utility vehicles due to a loss of steering control and crash hazard. An arm in the steering assembly can break causing the driver to lose control of the vehicle and increase the risk for a crash. The units were sold nationwide from August 2009 to June 2011. BB Buggies can be contacted at (855) 738-3711.

Commentary
Any risk associated with a motor vehicle should be paid particular attention. The firm notes 15 separate incidents of the steering assemblies breaking but so far no injuries have been reported. When a manufacturer issues a recall they do so with the intention of mitigating liability in potential future claims.
If an injury does occur from a product still on the market an examination is needed to link that injury with the products use. If a link is established a product liability claim functions similar to that of a personal injury claim as a manufacturer has failed to make a safe product for consumption.

Texas Product Liability Attorney Michael Grossman

According to the manufacturer Big Lots is issuing a recall on roughly 375000 Microfiber Glider Recliners and Ottomans due a potential entrapment risk. An exposed gap in the products can allow for a potential entrapment risk for children while exposed moving parts could pose a crushing risk for children and adults. The chairs were sold nationwide between January 2005 and December 2009. The manufacturer can be contacted at (866) 244-5687.

Commentary
The U.S. Consumer Product Safety Commission notes two separate incidents where a childs neck was trapped in the recliner so the risk of this recall is real. Couple that with almost 400000 defective units on the marketplace and a companys liability could be great.
When a manufacturer learns of a potentially dangerous defect they usually issue a recall to mitigate this liability however products still remain on the market. To have standing in a product liability claim an injury must be rigorously corroborated with the use of the product by a third party investigation. This seals the link between product and injury while not allowing a manufacturer to argue proximate cause on another action.

Texas Product Liability Attorney Michael Grossman

According to the manufacturer Harley-Davidson Motor Company is recalling model year 2009-2012 Touring CVO Touring and Trike vehicles due to an exterior lighting switch problem. The vehicles manufacturer between June 6 2008 and September 16 2011 have a brake light switch that may be exposed to excessive heat causing the brake light to active when the brakes are not depressed or to not active when the brakes are depressed. Either hazard could increase the risk of accident. Harley can be contacted at 1-414-343-4056.

Commentary
Any time a defect in a product has an increased risk of crash users should take note and adhere to the recall. Harley expects the recall on some 250000 bikes to begin October 31 2011.
If an injury were to occur because the braking lights failed to illuminate a manufacturer could be liable in an accident. By todays standard most would agree that a depression of their brakes should equate to lighting their brake lights. When this fails to happen a manufacturer could be at fault as their design flaw or manufacturing defect led to the vehicle failing to uphold a standard of safety on the roadway. This breach of a standard or duty in the legal field is the basis for formulating standing in a personal injury or product liability claim.

Texas Product Liability Attorney Michael Grossman

The Food and Drug Administration has linked the weight-loss drug Meridia with an increased risk of heart attack and stroke. The FDA advised the roughly 100000 patients taking the diet drug to stop use. A study observed the increased risk to be a roughly 16% jump noting higher risks of heart attack stroke or cardiac problems.

Commentary
This warning coincides with other diet drugs that have been pulled from the shelves like Phen-Phen and Hydroxycut. When an injury occurs from the suspected use of a drug a thorough investigation is needed to interlink the two. Drug injury claims can be tricky as often defense attorneys will attempt to dispute the cause of the injuries. This is overcome by the investigation which could provide standing for a civil claim against the manufacturer of a drug.
It should also be noted that some of the damages associated with a drug injury may not warrant the costs of filing a lawsuit. Nausea or some other illness that keeps a victim out of work for a day or two probably fall into this category. However heart attack or stroke are much more severe and could mean hospitalization and heavy medical billswhich completely change the outlook of a potential remedy.

Texas Drug Injury Attorney Michael Grossman

According to the manufacturer Taylor Farms Retail Inc. has initiated a recall of 3265 cases of salad blends due to a possible risk of Salmonella contamination. The State of Washington Department of Agriculture found a random sample contaminated in their testing. The products have a Best By date of 10-18-11 10-19-11 10-20-11 and 10-21-11. Taylor Farms can be contacted at 1-877-323-7374.

Commentary
The recall notes that the possibly contaminated shipments of salad have reached Texas so readers should be advised. Potential claims regarding food injuries can be a tricky area of law. Most contamination symptoms like light nausea do not usually warrant the costs associated with filing a suit. However when the symptoms are more severe potentially leading to hospitalization damages may reach the threshold for a possible action.

–Texas Food Injury Lawyer Michael Grossman

According to KXAN 5 teenagers were injured while standing on a curb due to a nearby two-car accident in Thrall Texas. The accident occurred around 6:35 p.m. Tuesday October 18 when two vehicles collided near the corner of U.S. Highway 79 and County Road 424. The collision caused one of the vehicles to strike the 5 boys on the curb. All 5 were taken to Seton Medical Center Williamson where their statuses were unknown.

Site of the Accident

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Commentary
I think I speak for everyone in hoping these young men recover quickly and return to the football field. Because of the variables involved a third party investigation is needed to determine a strategy going forward regarding any civil remedies. If the police reports and subsequent investigation finds fault on behalf of a driver there could be standing for several personal injury claims.
For a potential claim to have merit the plaintiff is tasked with the burden of proof in a few key areas. First a victim must prove that the defendant owed them a duty of care in regards to the accident. This task is typically straightforward especially in this incident as standing on a curb should be a safe affair. From there a breach of this duty must be demonstrated normally by showing the defendant acted beyond how a reasonable person would act. Next causation is needed linking the defendants breach of duty to the wreck and injuries in question. This is where the value of the police reports and separate investigation are revealed as these could solidify a claim. Finally a tally of damages must be made to determine what a victim believes they are owed. The trick is timing on this as too soon of a demand could negate future damages like rehabilitation but waiting too long could allow an insurance company to start disputing payouts.

Austin Personal Injury Attorney Michael Grossman

According to the U.S. Consumer Product Safety Commission the manufacturer Whole Space Industries has issued a recall on their Innovations and At Home with Meijer Roman shades and roll-up blinds due to a potential strangulation risk. The recall states a child can become entangled in the pull cord potentially causing it to wrap around their neck. The products in question were sold after March 2010 through September 2011. The importer Meijer can be contacted at (800) 927-8699.

Commentary
Though no incidents have been reported by the manufacturer consumers should be aware of the potential hazards with products like these. This recall is in addition to one issued in March of 2010 which recalled some 240000 units of the shades and blinds.
When an injury occurs from the use of a product an investigation is needed to link the two. If a link is established and the injuries incurred produce enough damages to warrant making a claim against a manufacturer there could be potential for a personal injury or product liability action.

Texas Product Liability Attorney Michael Grossman

According to the manufacturer River Ranch Fresh Foods has issued a recall for various salad products. The products in question have the potential to be contaminated with listeria. The products were produced on September 27 and have a best by date of October 14. River Ranch Fresh Foods can be contacted at 1-800-762-7708.

Commentary
Yet another recall due to possible listeria risks. Though this recall is not associated with the Jensen Farms recall the risks are the same. Listeria can produce symptoms which run the gamut from minor fevers headaches and nausea all the way up to death. Children and elderly should pay particular attention to these products as well as those who have already weakened immune systems. If an injury has occurred from the consumption of a product an independent investigation is needed to solidify this link. If the damages are high enough there could be grounds for a claim against a manufacturer.

Texas Food Injury Attorney Michael Grossman