According to the manufacturers both Subaru and Honda are set to recall vehicles due to a braking malfunction. Honda is recalling 126000 GL-1800 motorcycles model years 2001 through 2012. Honda notes a problem with the secondary brake master cylinder which can cause drag possibly leading to a crash or fire. The Subaru recall involves roughly 32000 Legacy Outback and Impreza vehicles model year 2012. Subaru notes a defective brake master cylinder which can lead to a driver misjudging the pressure needed to stop a vehicle.
Commentary
Braking issues are a serious matter that consumers should be made aware. Though Subaru has not received any complaints Honda notes 26 separate incidents two of which led to a fire. Apparently one of the first had to be put out by a customer with an extinguisher. Safety issues with motor vehicles become mandatory for a reason.
When a manufacturer learns of a defect in their product a recall is typically issued to clear that product from the market and mitigate liability. In the case of a motor vehicle it is in the manufacturers best interest to quickly issue the recall as the inherent risk of serious injury is greater than most other products.
Texas Product Liability Attorney Michael Grossman
According to the Beaumont Enterprise two children and their grandparent were hurt in a hit-and-run accident with an alleged drunk driver. The accident occurred around 4 p.m. Friday December 2 when two school children were exiting a bus and crossing FM 418. The buss lights were activated but a vehicle struck the crossing children then veered onto the shoulder of the road and struck their grandfather. The driver fled the accident scene but was later apprehended. The status of the three injured victims is currently unknown.
Site of the Accident
View Larger Map
Commentary
This is a particularly frustrating accident because it simply did not need to happen. For starters around an actively stopped school bus (stop sign deployed lights flashing etc.) there should be no traffic. Drivers are supposed to wait until all passengers have exited and safely left the roadway. This particular news feed cites a potentially drunk driver but that is no excuse for disobeying traffic laws. To shore up liability a third party investigation should be conducted which would then help to develop civil strategies moving forward.
A personal injury claim requires that the plaintiff prove the liable party in question owed them a duty prior to the accident. In this matter that duty is safe operation around a school bus meaning stopping completely. The plaintiff is then tasked with proving the defendant breached this duty by their actions which again goes back to the lack of observance of traffic laws. From there a damages determination must be made as this provides a value for the personal injury claim. This is actually more tricky than it sounds as making the determination too early could underestimate costs like rehabilitation or further treatment. However making the assessment too late could give what insurance adjusters call lapses in treatment which allow for some level of injury dispute.
It should also be noted that other remedies may be available if the police determine the driver was indeed drunk at the time of the accident. This requires the investigation to trace the steps of the driver before the accident. If a bar or restaurant is found to have served a person past the point of obvious intoxication there is the potential of adding them to a personal injury claim. Again this is very fact-specific and requires the investigation to be very thorough and conclusive.
Beaumont Personal Injury Attorney Michael Grossman
According to the manufacturer Honda Motor Co. has expanded their recall for air-bags that may over-inflate by 304000 vehicles globally. The recall began in 2008 when a problem was found with air-bags that inflate with too much pressure and can send metal and plastic pieces flying at vehicle occupants. The recall now affects more than 2 million vehicles worldwide and has been linked to 20 accidents including 2 fatalities. Honda can be contacted at 1-800-999-1009.
Commentary
This recall continues to expand and Honda drivers should be aware of the problem. The recall is targeted primarily at Accords Civics Odysseys Pilots and CR-Vs and affects vehicles manufactured in 2001 and 2002.
When a manufacturer learns of a defect with one of their products and especially a defect in a motor vehicle they will issue a recall for the affected line (in fact when a safety issue is found in a motor vehicle a recall is mandatory). Recalls are used in an effort to mitigate liability but product still remains on the market. If an injury were to occur from one of these products a detailed investigation is needed to link this injury with the defect in question.
Texas Defective Product Attorney Michael Grossman
According to the U.S. Food and Drug Administration J.M. Smucker Co. is set to recall thousands of 16-ounce jars of chunky peanut butter due to a possible salmonella risk. The products in question have a Best if Used by date of either August 3 2012 or August 4 2012. The jars have been distributed to stores throughout the nation.
Commentary
As Ive mentioned in previous blogs food injuries are a delicate side of product liability law. Many people do experience real side effects from consuming tainted product but may not realize the civil ramifications from these injuries. If a consumer becomes sick from a product but their symptoms are only minor (like headaches nausea fever) the damages may not warrant the costs of filing a lawsuit against a food maker. However when discussing salmonella the possibility of hospitalization is always present and could make the damages such that there is good financial sense in filing a claim.
Texas Food Injury Attorney Michael Grossman
According to the Star-Telegram a bicyclist was critically injured following a collision with an SUV in Euless Texas. The accident occurred around 6:30 p.m. Sunday November 13 when the unidentified male was struck by a suspected drunk driver on Euless Boulevard. The man was taken to Peter Smith Hospital in Fort Worth where he remained in critical condition. Euless police are encouraging anyone with information about the victim to call 871-685-1532.
Update: The victim has been identified as 24-year-old Anthony Jamal Miles.
Site of the Accident
View Larger Map
Commentary
Lets hope the man is identified and fully recovers from the accident. The DFW area is particularly known for being dangerous for bicyclists. In order to ensure everyones safety they must be treated like another vehicle on the roadway.
Once the police reports are concluded an independent investigation should be used to determine possible outcomes of the accident according to where liability lies. To have standing in a personal injury lawsuit three factors must be present.
First a claim needs a liable party. This liability is established by proving another party had a responsibility in exercising some standard of care at the time of the accident. If that standard is breached a party is typically found negligent. The most common form of negligence is not paying attention at the time of the accident. The next element a personal injury claim needs is a damages assessment. Determined too early and the assessment may not account for the expenses of recovery and rehabilitation but taken too late and insurance adjusters will often argue that gaps in treatment should reduce compensation. Finally a claim needs a solvent defendant who is able to compensate a victim from their injuries.
Fort Worth Personal Injury Attorney Michael Grossman
According to the U.S. Consumer Product Safety Commission roughly 45000 pairs of KEDS shoes have been recalled due to a laceration risk. The product called Know It All shoes for girls has small metal stars that can loosen from the heal and cut a wearer. The company has reported 27 incidents of cuts from the shoes. The maker of KEDS Collective Brands can be contacted at (800) 365-4933.
Commentary
27 incidents marks a fair amount of injuries from the product. My readers should take caution if their children have a pair of these shoes. When a manufacturer learns of a defect in one of their products typically they issue a recall to mitigate liability. If an injury were to occur from a product still on the market a detailed investigation should be used to concretely pair the injuries to the product in question as often defense attorneys will argue their clients product was not the proximate cause of the accident.
Texas Product Defect Attorney Michael Grossman
According to CBS 19 a three year old was struck by a vehicle near Moore Station Texas. The accident occurred around 6 p.m. Monday November 14 when the child was hit by the car. They were airlifted to Dallas Childrens Hospital with what are thought to be non-life threatening injuries including broken bones. The driver has been detained by police.
Commentary
First and foremost I hope the young child fully recovers from the accident. Subdivisions and neighborhoods require slower vehicle speeds and highly attentive drivers as the odds are children are going to be present. Following the determination of the police reports to develop a civil strategy a third party investigation could be used.
The police reports would be used to state issues like drivers speed while the investigation should be used for areas like determining the childs position relative to the street or any impairments the driver may have had prior to the accident.
To have standing in a personal injury claim a party must have owed the victim a standard of care before the accident. In other words this standard could be operating the vehicle in a safe fashion on the roadway. The claim must then find a party liable linking their action(s) to the injuries. A monetary total must then be placed on the injuries in question. The timing on this is very direct. If established too early the total may not account for future rehabilitation conversely if it is determined too late an adjuster will usually argue that there are gaps in treatment and these lower compensation. Finally a claim needs a solvent defendant such that they can reimburse the plaintiff for their actions.
Tyler Personal Injury Attorney Michael Grossman
According to the U.S. Consumer Product Safety Commission Michaels Stores has issued a recall on Ashland Glass Vases due to a laceration risk. The recall notes the vases can break or shatter when a user picks them up posing a risk for severe cuts. The manufacturer notes 4 reports of the vase shattering with one report of a victim having surgery and two others needed stitches. For more information consumers can contact Michaels at (800) 642-4235.
Commentary
Michaels distributes products from a center in a suburb of Dallas so my readers in Texas should pay extra regard to this recall. Though many recalls from laceration risks do not pose that high of a danger to consumers the fact that surgery has occurred from an injury is a significant risk.
When an accident occurs from the use of a product the injuries sustained must be concretely linked to this product. This requires the detailed examination of a third party investigation as attorneys for manufacturers are very good at blaming an injury on another party or product or arguing the plaintiffs use of the product was outside the scope of normal consumer use.
Texas Product Defect Attorney Michael Grossman
According to the manufacturer Toyota is set to recall roughly 420200 vehicles due to a defective crankshaft pulley. The vehicles in question are 2004-2005 Camry Highland Sienna and Solara vehicles. Also recalled are 2004 Avalon and 2006 Highlander Hybrid vehicles. The pulley may become misaligned with the inner ring possibly causing steering issues increasing the risk of accident.
Commentary
Though the manufacturer has not reported any injuries from the defect the size of the recall should make customers aware of the risks. When a manufacturer becomes aware of a defect in one of their products especially a safety concern they will issue a recall to mitigate liability. However recalls do not reach the entire market share and in a recall like this one months can pass before the recall is active.
If an injury were to occur from a product an investigation must occur to concretely link the injury to the products use. Defense attorneys are very good at placing the cause of an injury on another product or event rather than that of their clients.
Texas Product Liability Lawyer Michael Grossman
Local news reports indicate 5 students and 2 drivers were injured in a school bus collision with an SUV in Corsicana Texas. The wreck occurred around 7:15 a.m. Tuesday November 8 when Corsicana police believe the driver of the school bus failed to yield right of way to the SUV. 7 victims in total were taken to a local hospital with what were thought to be non-life threatening accidents.
Commentary
Because this accident involves a public entity a detailed investigation into the accident is needed to formulate a strategy regarding any civil remedies going forward.
Normal car accidents produce parties and results that are actually quite different than a state-run vehicle. Furthermore bus accidents are particularly bothersome as injuries can be catastrophic partially due to the lack of seat belts. Thankfully from the news reports it would appear the injuries are not severe.
To have standing in a personal injury claim a breach of duty must be established as it relates to the party that caused the accident. So in reference to this accident a plaintiff would need to establish that the liable party had a duty to operate their vehicle a certain way and failed to achieve that duty. From there damages must be proven to the extent they cover both current and future injuries. The latter is where insurance adjusters find some wiggle room as often they will offer a settlement that takes into account current injuries sustained but not the expense of rehabilitation.
Tyler Personal Injury Lawyer Michael Grossman
*We appreciate your feedback and welcome anyone to comment on our blog entries, however all visitor blog comments must be approved by the site moderator prior to showing live on the site. By submitting a blog comment you acknowledge that your post may appear live on the site for any visitors to see, pending moderator approval. The operators of this site are not responsible for the accuracy or content of the comments made by site visitors. By submitting a comment, blog post, or email to this site you acknowledge that you may receive a response with regard to your questions or concerns. If you contact Grossman Law Offices using this online form, your message will not create an attorney-client relationship and will not necessarily be treated as privileged or confidential! You should not send sensitive or confidential information via the Internet. Since the Internet is not necessarily a secure environment, it is not possible to ensure that your message sent via the Internet might be kept secure and confidential. When you fill out a contact or comment form, send us an email directly, initiate a chat session or call us, you acknowledge we may use your contact information to communicate with you in the future for marketing purposes, but such marketing will always be done consistent with the advertising ethics rules established by the State Bar of Texas and you will have the option to opt out of future communications.
