Maryland Accident Law Blog

The Consumer Product Safety Commission is once again warning parents, adults, and child caretakers about the dangers of using a Simplicity drop-side crib. An 11th child death has been linked to the defective cribs. The crib's plastic hardware is prone to deformity and breakage. If this occurs and the drop side detaches, a space can open up between the crib mattress and the side of the crib that a toddler or a sleeping baby can fall into, becoming entrapped and suffocating.

The CPSC has recalled all Simplicity drop-side cribs—over 2 million—in the last four years. However, Simplicity is not the only crib maker whose drop side cribs have been recalled. Last month, the CPSC recalled 2.1 million Stork Craft Manufacturing drop-side cribs after reports of four infant suffocations. Two of the other drop-side sleeper recalls: 1.6 million Delta drop side cribs following two infant deaths and about 2000 Playkids USA portable cribs after a 5-month old suffocated when he became entrapped between the drop-side rail and the mattress.

While drop-side cribs are popular with consumers because the side that drops makes it easy for adults to lift their kids into and out of the supposedly secure beds, there have been so many reported child injuries and deaths involving this kind of crib that some crib manufacturers have called for a ban on all drop-side cribs. Broken and missing pieces, poor design, poor assembly directions, and defective materials are some of the product defects that have led to drop-side crib-related entrapment accidents, fall accidents, and strangulation accidents.

Our Maryland injuries to minors and children lawyers handle products liability claims for families seeking damages for a child's personal injury or wrongful death. We'd be happy to discuss your defective crib case during your free consultation.

Drop-side cribs are not the only child sleepers considered an entrapment hazard. Last month the CPSC recalled approximately 24,000 Amby Baby Motion Beds/Hammocks. Two infants died from suffocation while in an Amby Baby Hammock. The movement of the hammock makes it easy for the infant to roll into and get stuck against the mattress pad and/or fabric.

11 baby deaths now linked to Simplicity cribs, AP/Google, December 17, 2009

Infant Suffocation Deaths Prompt Recall of Amby Baby Motion Beds/Hammocks, CPSC, December 8, 2009

Related Web Resources:
Crib Safety, HealthBanks

Will Drop-Side Cribs Be Banned?, ParentDish

Continue reading "Simplicity Drop-Side Cribs Linked to Eleventh Infant Death" »

A 2-year-old boy has died after becoming entangled in a drapery cord in his Damascus, Maryland home. Thapelo Andre Kwofie’s parents found him unconscious at around 3pm. They administered CPR to him before an ambulance arrived to take him to the hospital. He was pronounced dead soon after his arrival at Shady Grove Hospital.

Montgomery County, Maryland police are investigating the tragic accident.

Window Cord-Strangulation Accidents
According to the Consumer Product Safety Commission, about one child (7 months to age 10) dies and another is nearly strangled in window-cord strangulation accidents every year. Window cords for blinds and drapes are considered a strangulation hazard for kids.

Young kids can easily get entangled in either the inner cords for raising blinds or pull cords. The cord can form a loop around the child’s neck that can cause strangulation.

Drapery cords that cause serious injury or death can be grounds for suing the drapery maker for products liability. Product manufacturers are supposed to make sure their products do not pose an injury hazard to anyone. An experienced Maryland products liability lawyer can help you determine whether you have grounds for an injury case.

Just last August, the CPSC recalled some 5.5 million window shades and blinds following several reports of child strangulation deaths and injuries.

Other products that have been known to cause strangulation injury or death to kids:

• Cribs
• Strollers
• Clothing with drawstrings
• Toys or infant products that come with cords or strings

Strangulation injuries can also result in traumatic brain injuries for those who survive.

Damascus toddler dies after caught in drapery cord, Gazette.net, November 4, 2009

5.5M window covers recalled after child deaths, MSNBC, August 26, 2009

Related Web Resources:
Window blind or drapery cords, .docstoc.com

nsumer Product Safety Commission

In Maryland, a woman is suing Ocean City, the Ocean City Convention and Visitors Bureau, and ThyssenKrupp Elevator Company for personal injury over an escalator accident that occurred in May 2006. Rebecca Beall filed her Maryland premises liability lawsuit in US District Court.

Beall was a high school student at the time of the escalator accident that injured her and several other students from her school band. The band was in Ocean City to attend the Youth Music Competition taking place at the Convention Center.

On May 5, 2006 the escalator they were riding to the next floor stopped abruptly and began moving in the opposite direction. A number of students fell and some of them were taken to a hospital for treatment of their injuries.

In her Maryland personal injury complaint, Beall contends that she sustained serious injuries when students that fell pinned her to the escalator that was still moving. Her face, shoulder, and scalp became lacerated, and she now suffers from anxiety, post-traumatic migraine disorders, and has an escalator phobia. She also suffers from migraines, serious headaches, chills, nausea, blackouts, shaking, and is sensitive to light and sound.

Beall is seeking $500,000 from the defendants. Her Maryland civil lawsuit alleges negligence and contends that defendants knew or should have known that the escalator was experiencing problems before the escalator accident yet failed to act to repair the issues to remove its safety hazards. A year after the accident, an independent inspector assessed the escalator’s condition and found that it had worn and failing gear parts.

According to a 2005 CBS News report, almost 10,000 people a year sustain escalator injuries serious enough to warrant hospital emergency room care. Common kinds of escalator accidents include those involving:

• Sudden stops
• Slip and fall accidents
• Fall accidents
• Metal teeth on the escalator coming loose
• Hands, clothing, feet, or shoes getting caught in the escalator

$500K Lawsuit Filed In OC Escalator Fall, MDCoastDispatch.com, May 29, 2009

Danger On The Escalator, CBS News, February 17, 2005

Related Web Resources:
Thousands Injured in Escalator, Elevator Accidents, NewsInferno.com, May 14, 2008

A number of catastrophic car accident victims and their families went to Capitol Hill in Washington DC on Wednesday to call on the Obama Administration and Congress to ensure their ability to obtain medical reimbursements from the now bankrupt General Motors and Chrysler. Both auto manufacturers have filed for Chapter 11 bankruptcies, which places car accident victims waiting for medical reimbursements from products liability settlements and verdicts into the category of "unsecured creditor" waiting along with everyone else for their payouts.

On Monday, a bankruptcy judge overruled the Ad Hoc Committee on Consumer-Victims of Chrysler LLC when he approved the sale of the company to Fiat. The group had asked for a retroactive insurance policy or a fund that would cover the costs of medical treatment and lawsuits. Last year alone, Chrysler paid more than $250,000 in medical settlements. Now, anyone that gets involved in a catastrophic or fatal car crash while riding in one of the approximately 10 million Chrysler cars will not be able to pursue products liability compensation if a motor vehicle was responsible for causing the defect. The vehicle occupants of about 30 million General Motor vehicles are facing the same dilemma.

About 500 to 1,000 serious injuries or fatalities involving defective car parts occur every year. The bankruptcies filed by the two car manufacturing giants prevents injured parties from holding them financially accountable for making cars that are defective enough to cause catastrophic injuries or death.

Examples of common kinds of car defects that can lead to catastrophic injuries:

• Defective tires
• Faulty engine
• Defective windows
• Faulty seat belt or safety restraint system
• Structural defects
• Seat back defect
• Design defects

Car accident victims fight for payouts, Washington Times, June 4, 2009

Families and Severely-Injured Victims of Defective GM and Chrysler Cars Travel to Washington to Seek Urgent Help, RedOrbit, June 3, 2009

Related Web Resources:
GM and Chrysler's bankruptcy cases at a glance, AP, June 4, 2009

Chapter 11 Bankruptcy Basics

Continue reading "Catastrophic Car Accident Victims and Their Families Ask Capitol Hill to Guarantee Products Liability Payments from Bankrupt General Motors and Chrysler" »

To date, Bausch & Lomb has spent over $250 million to settle almost 600 products liability lawsuits filed by contact lense wearers that say they sustained a potentially blinding fungal infection from using multipurpose contact lense solution ReNu with MoistureLoc. The optical products company still has dozens of individual products liability lawsuits to resolve.

In the United States alone, over 700 contact lense wearers say they suffered from Fusarium keratitis while using the solution for cleaning, moistening, and storing their lenses. In a number of cases, including one in Maryland, the injure parties had to have an eye removed. Some 60 contact lense users had to undergo corneal transplants to save their vision. One man in Baltimore got hooked on painkillers after losing his eye and had to go through rehab. Both his marriage and his business fell apart.

Between June 2005 and September 2006, the US Centers for Disease Control and Prevention reported that there were at least 180 eye injury cases related to Fusarium keratitis in 35 states. Broadway actress Andrea Martin’s eye became scarred after she used the Bausch & Lomb solution and the fungal infection ended the career of one race car driver, who had to undergo a corneal transplant.

MoistureLoc was pulled from US store shelves in April 2006. The optical products company issued a global recall the following month. According to those affected with fusarium keratitis, their eyes first felt irritated until they started to experience severe pain and in many cases, their conditions were wrongly treated with steroids and antibiotics—resulting in delayed diagnosis and delay of the proper treatment. Researchers think that alexidine, a disinfectant, may have absorbed into the lenses at very fast rates and that moisturizing agents produced a biofilm that may have helped the fungus to grow.

Bausch & Lomb’s legal troubles aren’t over yet. It says it is challenging over 500 other injury lawsuits connecting MoistureLoc to other afflictions. Meantime, it is not the only contact lense solution maker to be sued for products liability. Over 170 people have sued Advanced Medical Optics because they say they sustained Acanthamoeba keratitis infections from using one of its contact lense solutions.

Symptoms of fungal keratitis can include:

• Eye discharge or tearing
• Light sensitivity
• Swollen eyelids
• Vision isn’t as sharp
• Puffy eyelids

Symptoms of acanthamoeba keratitis can include:

• Eye pain or redness or tearing
• Light sensitivity
• Blurred vision
• Feeling like there is something in one’s eye

Bausch & Lomb settles 600 eye fungus lawsuits, Baltimore Sun, May 31, 2009

Related Web Resources:
Bausch & Lomb

General Information about Fusarium Keratitis, CDC, May 10, 2006

Certain US lawmakers are taking steps to give back to US citizens the right to sue medical device makers for damages. In February 2008, the US Supreme Court issued a decision preventing patients and surviving family members from filing personal injury and wrongful death lawsuits against medical device manufacturers if the device had Food and Drug Administration approval.

The outcome of that particular case prevented a man, seriously injured when his Medtronic balloon catheter burst during an angioplasty procedure, and his wife from receiving products liability compensation. Since the Supreme Court’s ruling, more defective medical device lawsuits have been tossed out.

Just this week, a state supreme court ruled against a man who underwent surgery to take out his Medtronic defibrillator because there was a chance the device device’s battery could fail. Other personal injury lawsuits against medical device makers that have been dismissed since the Supreme Court ruling include a products liability case involving a man who sustained internal injuries because of a prostate treatment device, a woman who sustained internal burns from a device supposed to decrease menstrual bleeding, and a number of patients who are claiming injuries caused by heart implants or faulty joints.

Congressmen Henry Waxman (D-Ca) and Frank Pallone Jr. (D-New Jersey) are planning to reintroduce legislation to nullify the Supreme Court decision. In the US Senate,Senator Edward M Kennedy (D-Ma) and Patrick J. Leahy (D-Vt) are expected to reintroduce a similar bill.

Critics of the Supreme Court ruling say the decision does not take into account the fact that the FDA doesn’t always do a thorough job when approving medical devices for consumer use. For example, the Project on Government Oversight says the FDA has dramatically scaled back on inspections of “good laboratory practices” at places where early round testing of medical devices take place. The independent watchdog group also says there has been a decline in the federal enforcement of quality regulations at labs where medical devices are developed.

The Center for Devices and Radiological Health, which is the FDA division that oversees medical devices, has received complaints from its own scientists who claim managers have discouraged debate and that this has resulted in the approval of medical devices that are not entirely safe or effective.

Lawmakers Seek to Return Right to Sue Device Makers, New York Times, February 19, 2009

Report: FDA quietly scaled back quality enforcement at medical device testing lab, Chicago Tribune, February 18, 2009

Related Web Resources:
Supreme Court Shields Medical-Device Makers, The Washington Post, February 21, 2008

Read the Supreme Court Decision: Estate of Riegel v. Medtronic, Inc., Cornell University Law School

Continue reading "US Lawmakers Seek to Reinstate Right to Sue Medical Device Makers for Personal Injury and Wrongful Death" »

The family of Shirley Mae Almer is suing Peanut Corporation of America and King Nut Companies for her wrongful death. The 72-year-old nursing home resident allegedly died after she ate the peanut butter that was served to her at the facility where she was staying. A tub of peanut butter found at the nursing home contained Salmonella typhimurium, the same strain of salmonella that has made a number of other people in the US sick.

The Centers for Disease Control says there have been at least 501 reports of Salmonella typhimurium-related food poisoning. 108 people required hospitalization. 8 of the cases resulted in deaths. Over 280 cases involved minors.

Almer died on December 21, 2008. Her family’s wrongful death lawsuit accuses the defendants of failure to safely manufacture, package, and transport the peanut butter, failure to properly train and supervise employees, failure to maintain hygienic conditions at the peanut butter plant, failure to test the peanut butter before sending the products off, and failure to prevent cross-contamination.

Peanut Corporation of America is the company that made thousands of pounds of the contaminated peanut better. On January 27, 2009, federal health official reported finding Salmonella typhimurium, as well as four other strains of salmonella, at the peanut butter manufacturing plant. King Nut Companies supplied the peanut butter to the nursing home.

Over 300 peanut butter-related recalls have occurred because of the Salmonella outbreak. Peanut Corp sells peanut paste to almost 100 manufacturers of nutrition bars, cookies, peanut butter crackers, and ice cream. More recalls are expected.

If you got sick or someone you love died because of a contaminated food product, you may have grounds to file a products liability lawsuit.

FDA: Peanut plant knew product was tainted with salmonella, CNN Health, January 28, 2008

Family sues over salmonella-related death, Forbes/AP, January 27, 2009

Related Web Resources:
Read the Food and Drug Administration's Inspection Report of Peanut Corporation of America

View a List of Peanut Butter Recalls

A 21-year-old Baltimore County woman is dead after a tire that broke off from a truck being towed landed on her car on Wednesday. The deadly motor vehicle accident took place on Interstate 495 in Prince George’s County.

According to Maryland State Police, tow truck driver Roger Smith was towing a delivery truck when one of the tires with a metal wheel broke off the vehicle, rolled across lanes, struck two guardrails, rolled across a grassy median, and hit a tractor-trailer. The impact of this collision caused the tire to fly back across the median and land on Channing Quinichett’s Honda Civic, crushing the windshield and roof of her vehicle. The 21-year-old Maryland resident was pronounced dead at the crash scene.

If you have been injured in a Maryland traffic accident because a party’s negligence caused flying or falling debris to strike you and/or your motor vehicle, you may have grounds to file a personal injury or wrongful death lawsuit.

For example, last September, the family of 39-year-old Milena Del Valle, who died after part of the Big Dig tunnel ceiling in Massachusetts fell on her car, received a $28 million wrongful death settlement. In another personal injury lawsuit, the wife of Pawel “Paul” Swierczynski sued five companies after her husband was struck by a 250-pound grate that crashed through his windshield. Swierczynski sustained numerous injuries, including a traumatic brain injuries.

Just this month, a 6-year-old boy died and a man sustained injuries after they were struck by flying metal chunks at a monster truck rally. The catastrophic accident occurred when a truck's driveline malfunctioned, causing the fragments to fly toward the crowd. Witnesses have expressed anger that the show was not stopped even after both victims started bleeding.

While freak accidents do happen, there may have been steps that a liable party could have taken to prevent the personal injury accident or wrongful death.

Tire kills Baltimore Co. woman on Capital Beltway, Baltimore Sun, Associated Press, January 22, 2009

Boy, 6, killed by flying debris at Tacoma monster truck rally, Komonews.com, January 17, 2009

Boy, 6, killed by flying debris at Tacoma monster truck rally, Komonews.com, January 17, 2009

Settlement Reached In Big Dig Death Suit, CBS News, September 30, 2008

Related Web Resource:
Wrongful Death Overview, Justia

Continue reading "Baltimore County Woman Dies After She is Struck by Flying Truck's Tire on Capital Beltway" »

The mother of a six-year-old boy whose right big toe was mangled when his Crocs clog got caught in an escalator at the National Aquarium in Baltimore is suing Crocs Inc. for products liability. Kerry Burdick filed her federal lawsuit in court on Monday. She is seeking over $7.5 million in damages.

The accident occurred last April. Burdick’s lawsuit alleges that Crocs was aware that the popular clogs posed a hazard on escalators yet failed to warn consumers.

This is not the first incident where a person got hurt while using Crocs shoes. Over 200 people around the world have been involved in similar escalator entrapment accidents while using the popular clogs. Children especially appear more prone to injuries while wearing Crocs.

In 2007, a 10-year-old girl hurt her toe after her Crocs clog got stuck on an escalator at the Atlanta Hartsfield Airport. This year, a 3-year-old Croc wearer had two of her toes partially amputated because of injuries she sustained while also riding an escalator at the Atlanta airport. The parents of another 3-year-old sued Crocs for $7 million after her toe was mangled in an accident at New York’s John F. Kennedy Airport.

In April, Japan’s Trade Ministry asked Crocs Inc. to redesign its popular clogs. The ministry said that over a six-month period last year, it had received 65 complaints of escalator injuries involving Crocs clogs. In May, the US Consumer Products Safety Commission warned that it had received 75 injury reports between January 2006 and May 2007 about people who got hurt in escalator accidents while using Crocs.

Last July, Crocs Inc. said it would add warning tags about possible escalator entrapment-related injuries to its shoes. While the shoes that come with these warnings will become available in 2009, there are still millions of Crocs clogs out in the marketplace for sale or that have already been purchased that lack the entrapment warning.

Son hurt, Pa. woman sues Crocs firm, Baltimore Sun.com, December 4, 2008

Pa. mother sues Crocs over son's escalator injury, Examiner.com, December 4, 2008

Related Web Resources:
Crocs

Crocs and similar soft shoes linked to escalator entrapments, Consumer Reports, May 20, 2008

Continue reading "Mother Sues Crocs for Personal Injury After Son’s Right Toe is Mangled While Riding Baltimore Aquarium’s Escalator" »

Personal injury lawyers for a woman who is suing Victoria’s Secret for injuries she says she suffered from using the brand’s Very Sexy Extreme Me Push-Up and Angels Secret Embrace bras say that tests they ordered show that bras from those lines contain formaldehyde, which is used in embalming. They think that their client, Roberta Ritter, is allergic to the chemical.

Ritter, who sued the company in May, says she sustained itchy, inflamed, and blistery welts after using the bras. Since then, dozens of other woman have come forward claiming that they experienced the same injuries after using the Victoria’s Secret bras. At least two other products liability lawsuits have been filed. Class action status is pending.

The bras have not been pulled off store shelves, but a spokesperson for Victoria’s Secret says the company is investigating the complaints. Victoria's Secret denies that any of their bras contain formaldehyde.

This isn’t the only personal injury lawsuit accusing Victoria’s Secret of products liability. In June, another woman filed a personal injury lawsuit seeking unspecified damages from the company because of injuries she says she sustained due to a thong malfunction.

Clothing manufacturers and distributors are supposed to make sure that their clothes are not made with any materials that could cause injury, allergy, infection, or death to wearers. Failure to insure their clothing is free from hazardous defects can be grounds for a Maryland products liability claim or wrongful death lawsuit.

Other injuries that can occur as a result of defective clothing include:

• Burn injuries, from clothing made from flammable material.
• Allergic reactions to toxic substances.
• Strangulation hazards.
• Choking hazards.

Victoria's Secret, Formaldehyde in Bras?, ABC News.com, November 11, 2008

Lawsuit Claims Victoria's Secret Bras Cause Rashes, HivesLawsuit Claims Victoria's Secret Bras Cause Rashes, Hives, Fox News, November 11, 2008

Related Web Resources:

Formaldehyde Council

Recalls.gov

Importer Bayside Furnishings and the Consumer Product Safety Commission has announced the recall of approximately 9,350 Pirates of the Caribbean Twin Trundle Beds and LaJolla Boat Beds because of concerns that the toy chests pose an entrapment or strangulation hazard to kids.

There is concern that the toy chest lid supports do not stop the chest lid from shutting too fast. The CPSC says that they have received reports of one incident in which a boy, 22-months, was strangled to death after the toy chest lid fell on the back of his head and his neck became trapped.

This is not the first time toy chests have been recalled over entrapment/suffocation worries. One child suffocated while in a toy chest three years ago. In separate incidents in 2001, another child fell while another child suffocated. Both children died from their injuries.

At least 10 other toy chest recalls have taken place over the last 10 years. The Consumer Product Safety Commission says that since 1975, there have been at least 45 reported deaths. At least three children that were injured injured in toy chest-related accidents suffered brain damage. The majority of injury victims are younger than 2 years of age.

Common toy chest-related accidents:

• The chest falls on a child’s hands or neck.
• Suffocation, from children climbing into or get trapped in the toy chest.

Manufacturers of toys and other children’s products are supposed to design and make products that are safe for use. If your son or daughter was injured because of a product defect, you may be able to file a products liability claim or lawsuit to obtain compensation for his or her personal injuries.

Toy Boxes and Toy Chests, CPSC.gov

Bayside Furnishings Recalls Youth Bed Toy Chests Sold at Costco After the Death of a 22-Month-Old Child, CPSC.gov, July 3, 2008

Toy Chests are Not Toys, Washington Post, July 4, 2008

Related Web Resources:

NNCS Toy Safety

Kids in Danger

Continue reading "Bed and Toy Chest Sets Recalled May Pose an Entrapment Hazard to Kids" »

The National Highway Traffic Safety Administration is taking a closer look at 21 General Motors truck and SUV models that were made between 2006 and 2008 over concerns of a potential fire hazard.

Over 2.7 million GM vehicles are part of the probe to see if a fire might ignite inside the engine when the ignition is turned on. According to the Office of Defects Investigation (ODI), there have been 41 reports of non-crash engine compartment fires, with 8 of these incidents resulting in substantial property damage.

Investigators are looking at the engine, the electrical system, the battery cables, the circuit breakers, the fuses, wiring, and the engine cooling system as part of their probe.

Car Fires
Car fires can be deadly. In 2004, 520 people died as a result of a car fire in the United States, and there were 266,000 motor vehicle fires overall. While poor maintenance or involvement in a traffic collision can sometimes cause a car fire, fluid leaks, loose wiring, cracked insulation, or other defects can also lead to auto fires.

The burn injuries that can result when someone is hurt in a car fire can be excruciatingly painful, and a fire victim may need to undergo painful surgeries to recover.

If you were injured or your property was damaged in a car fire, our Maryland products liability lawyers can determine whether your injuries were caused by a defect in the car. A product can become defective if its design was defective or because of mistakes made during manufacturing. Your product also may have a defect as a result of negligent marketing.

Feds Investigating Engine Fires in GM Trucks, SUVs, US News and World Report, June 19, 2008

NHTSA Investigates 2.7 Million GM Trucks, SUVs, Consumer Affairs, June 17, 2008

New Warning to Be Issued About Deadly Car Fires, ABC News, October 12, 2005

Related Web Resource:

General Motors

Continue reading "NHTSA Examines 2.7 Million General Motors SUVs and Trucks for Potential Fire Hazard" »

According to the National Highway Traffic Safety Administration, the months of June through August are when the highest number of 15-passenger van injuries and deaths occur. 31% of all deadly 15-passenger van rollovers take place during this season, which is why the NHTSA wants drivers of these large vans to drive carefully and make sure that they follow the proper safety measures.

15 Passenger Vans
These large vans are designed to transport a large number of people and significant cargo. As a result, 15-passenger vans are a popular choice of transportation for large families, school kids, church groups, nursing homes, and others.

Over the last several years, however, there has been a noticeable trend of injuries and deaths occurring to passengers—in particular, students, being transported in these vehicles.

After analyzing 1,957 crashes the NHTSA found that the more passengers riding in these vans—even within the 15-passenger limit, the more likely these vans were to rollover and cause serious injury or death.

One reason for this is that 15-passenger vans are designed with a high center of gravity, which moves higher and towards the rear whenever the weight in the van gets heavier. This increases the chances of rollovers.

Other hazards that can cause injury or harm upon rollover include:

• Lack of laminated side windows to cushion a passenger
• No emergency exits
• Insufficient crash padding

Motor vehicle accidents that occur because of a defect in a vehicle can be grounds for personal injury or wrongful death claims if someone gets hurt or dies.

In Maryland and Washington DC, our auto products liability lawyers can discuss your case with you.

Rollover Crashes for 15-Passenger Vans More Likely during Summer, NHTSA.gov

15-Passenger Vans: High-Riding Death Traps, Safetyforum.com

Related Web Resource:

15-Passenger Van Safety Hazards

Continue reading "As Summer Travel Season Starts, NHTSA Warns 15-Passenger Van Users to Drive Carefully" »

Maj. Stephen Stilwell, an air force pilot, is suing plane manufacturer Boeing over the F-15C airplane accident that left him disfigured and with debilitating shoulder injuries. The plane was built by defense contractor McDonald Douglas, which was purchased by Boeing Corp.

In his personal injury lawsuit, Stilwell says that the plane started “shaking violently” during a routine training mission. He ejected himself from the plane and was seriously injured when he was struck by parts of the plane, which had started to disintegrate.

According to air force investigators, there were cracks in the aircraft parts that caused the failure. These parts were installed without implementation of the correct safety measures.

After the plane crash, all of the F-15’s were grounded for inspection, with several of them staying there after similar cracks were discovered.

Stilwell says the accident has affected his ability to work as a civilian/military aircraft pilot. Stilwell contends that Boeing should have known that its F-15C was a dangerous/defective product that was susceptible to breaking apart during flight.

Product manufacturers, sellers, and distributors are responsible for making sure that their products will not cause harm to any users. Grounds for a products liability lawsuit can include:

Negligence: Failure to act with reasonable care to make sure that a product is safe for use.

Strict Liability: If a person is injured by a product, the manufacturer can be held liable even if he or she did not act negligently.

Misrepresentation: Marketing, promoting, or presenting a product in a manner that misrepresents the actual safety or risks that come with using a product.

Breach of Warranty: The manufacturer is in breach of the warranty that accompanies its product.

If you are injured on the job by a defective product, you usually will not be able to sue your employer, but you can file third party lawsuits against other liable parties, such as the manufacturer or distributor of the product. You may also be eligible for workers’ compensation benefits from your employer’s insurer.

In Maryland and Washington D.C., one of our products liability lawyers would be happy to speak with you.

Pilot hurt in jet breakup sues Boeing, CNN.com, March 25, 2008

Related Web Resources:

The Boeing Company

Plane Crash Info

Continue reading "Pilot Sues Boeing For Personal Injuries From F-15C Breakup Jet Accident" »

General Motors Corporation will pay an undisclosed settlement amount to California resident Michael Samardzich, whose left eye was ruptured and became permanently blind when the GMC Yukon that he was a passenger in collided with another motor vehicle on July 7, 2006. The teenager filed a products liability claim against the auto manufacturing giant for his injuries.

The force of the crash shattered the side passenger window of the SUV and the pieces of glass damaged Samardzich’s eye. Police reports indicate that he was wearing a seatbelt when the auto accident occurred.

Personal injury attorneys for Samardzich say that the teenager would not have suffered the permanent loss of vision if GM had made the passenger window with laminated glass instead of tempered glass, which is less costly and is known to break and shatter more easily.

The fragility of tempered glass can be a problem when a motor vehicle crash occurs. Not only can pieces of glass cut the victim’s skin or get into their eyes or other organs, but passengers in a vehicle have a greater chance of being thrown from the vehicle if the glass in the side windows is shattered.

Auto manufacturers know that laminated glass is the stronger glass, which is why this type of glass is used in the windshields of all motor vehicles sold in the United States.

In Maryland and Washington D.C., our personal injury law firm represents clients that have been injured in motor vehicle accidents caused by negligent drivers, defective auto parts, and other negligent parties.

Defective auto parts cases may involve:

• Defective tires
• Seat back failure
• Auto recalls
• SUV rollovers
• Faulty air bags
• Roof crushes
• Gasoline tank explosions
• Defective door latches
• Defective seat belts

General Motors Agrees To Settle Automobile Defect Claim For Undisclosed Sum, RTT News, February 20, 2008

General Motors Settles in Auto Defect Claim; Plaintiff Claimed Laminated Sidelites Would Have Protected Him, GlassBytes.com

Related Web Resource:

Coalition for Auto Glass Safety and Public Awareness

Continue reading "General Motors Settles Auto Defect Injury Claim Involving GMC Yukon" »

Test results conducted by the Insurance Institute For Highway Safety found that the stronger the SUV’s roof, the lower the risks of serious injury or death.

The IIHS tested 11 sport utility vehicles and found that the stronger roofs had a 39%-57% lower injury risk than SUVs with weaker roofs.

The IIHS says that over 200 lives could have been saved in 2006, during rollover accidents, if the SUVs had better roofs. 35% of motor vehicle deaths involve rollover crashes, with 60% of these rollovers involving SUVs.

The SUV’s roof that received the highest strength rating was the 2000-2004 Nissan Xterra. The SUV’s roof that received the lowest strength rating was the 1999- 2004 Jeep Grand Cherokee.

A roof that crushes in during a rollover can cause serious injuries to passengers, who can sustain traumatic brain injuries or traumatic brain injuries when struck by the crushed roof.

Examples tragic SUV rollover accidents involving crushed roofs:

• Tyler Moody, 18, died of "positional asphyxiation “during an SUV rollover crash. His family’s wrongful death attorneys said the crushed roof cut off his breathing.

• Recently, a California appeals court ordered Ford to pay a paralyzed woman $82.6 million for injuries sustained during an SUV rollover also involving a crushed roof.

A trade group that represents Toyota, GM, Chrysler, and a few other auto makers, called the study flawed.

SUV Accident Facts from the National Highway Traffic Safety Administration:

• Over 90% of SUV rollover crashes are single-car accidents.
• The most common kind of injury sustained in rollover crashes is head trauma.

In Maryland and Washington D.C., our personal injury law firm represents clients in SUV rollover accidents and other kinds ofproducts liability and car accident cases.

Report Says Weak SUV Roofs Are Deadly, U.S. News, March 13, 2008

Crash-test report backs stronger roofs on SUVs, USA Today, March 12, 2008

Related Web Resource:

Roof Strength and Injury Risk in Rollover Crashes (PDF)

Insurance Institute for Highway Safety

Continue reading "Insurance Institute For Highway Safety Says Making Stronger SUV Roofs Could Save Lives During Rollover Accidents" »

A Florida jury has ordered Mitsubishi Motors to pay almost $11 million in wrongful death damages to the parents of a man who died when he was partially ejected from a Nativa SUV—marketed in the US as the Montero.

Peter and Donna Laliberte had accused the auto manufacturer of knowing that there were problems with the seat recliner and the seat belt in the SUV and selling the motor vehicles despite this information. Because of these product defects, the Lalibertes contend that Scott,25, ended up being partially ejected from the back window of the 2000 Nativa when the SUV rolled over in September 2004. They had asked the jury to award them over $25 million.

Scott’s head was crushed against the SUV and the ground after he smashed into the rear window.

The almost $11 million award is compensatory damages for the loss of the Lalibertes' son. $10 million is for pain and suffering and the rest of the amount is to cover funeral expenses and other costs.

Part of the case made against Mitsubishi was that auto maker tried to correct the design flaws on the 2000 model by bring out a revised model halfway through the model year without letting anyone know that there had been problems with the original version.

Mitsubishi, however, argued that the redesigned model did not address flaws with the seat or seat belt and instead fixed issues with the SUV’s front structure, which did not perform well during accident tests.

Mitsubishi has been working hard to rebuild its reputation after the public found out that the auto giant had tried to cover up auto defects by fixing them without issuing recalls even though many accidents had occurred.

Our Maryland and Washington D.C. law firm represent injury and wrongful death clients in SUV accident claims and lawsuits involving negligent drivers and/or defective auto parts.

Seat belt defects include:

• Problems with the seat belt latch
• Problems with the seat belt retractor
• Defects with the seat belt geometry
• Defective seat belt webbing

Mitsubishi must pay $11 million to family of man ejected from SUV, Palm Beach Post, February 26, 2008

Related Web Resources:

Defective Seat Belts are a Big Problem

Mitsubishi Motors

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The Consumer Product Safety Commission has issued a report that states the number of infant deaths (children under age 5) involving nursery products have increased significantly.

According to the CPSC, 66,400 children were seriously hurt in nurseries in 2006. The number of infant injuries involving nursery products in 200t was 59,800.

The report did not take into account injuries in 2007 when more than one million Simplicity bassinets and cribs were recalled. At least 4 infants died because of the defective infant beds. The Chicago Tribune conducted an investigation that found that CPSC and Simplicity had known that defective infant crib parts and improper installation could lead to suffocation, even death.

The CPSC report cited a number of Infant products associated with infant injuries, including:

• Cribs
• Bassinets
• Strollers
• Infant carriers
• Car seats
• High chairs
• Walkers

Sometimes the cause of the injuries has been a defective product or product failure. Falls were also a leading cause of injuries. 42% of the injuries sustained by infants were head injuries.

Toys have also come under fire as a cause of serious injuries or deaths affecting children of all ages. Last year, 25 million toys were recalled because of defective product concerns.

In the event that your child was injured because of a defective product, the instructions that came with the product was incomplete or unclear, or the product did not come with a failure to warn of potential injuries or hazards, one of our Maryland or Washington D.C. lawyers would be happy to discuss your case during a free consultation.

Nursery-related product injuries on the rise, CNNMoney.com, February 28, 2008

Infant Deaths in the Nursery Increasing, Consumer Affairs, February 28, 2008

Nursery Product Injuries Sending More Children to the ER, NewsInferno.com, February 29, 2008

Related Web Resources:

Consumer Product Safety Commission

Infants & Children, Recall-Warnings

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In Maryland’s U.S. District Court in Baltimore, Pennsylvania resident Yvonne Boughter filed a wrongful death lawsuit over the carbon monoxide deaths of her husband, Patrick J. Boughter, 40, and his 10-year-old daughter Kelly. She is seeking $30 million in damages.

The Boughters, from Lebanon, Pennsylvania, were staying at the Days Inn motel on 23rd Street in Ocean City in June 2006 when the accident occurred. An investigation into the deaths found that gas was able to enter the room they were staying in through a disconnected water heater pipe in the basement. The exposure to the gas killed Patrick and Kelly. Yvonne and their daughter Morgan survived.

Defendants named in the case are Bay Shore Development Corp, Heat Transfer Products Inc., R.E. Michel Co. Inc., and All About Plumbing. Bay Shore owns the motel. Heat Transfer Products made the water heater. R.E. Michaels sold the water heater to Bay Shore. All About Plumbing installed the water heater in the hotel. Wyndham Hotel Group is the parent company of the Days Inn.

Boughter is asking for $20 million in compensatory damages and $10 million in punitive damages. Loss of family and future income from Patrick’s job as a welder were considered by the plaintiff when calculating an amount.

The lawsuit comes after an extensive probe into the deadly accident, as well as another carbon monoxide leak that occurred at the Days Inn in 2005.

Premises Liability and Products Liability
Hotel owners are supposed to ensure that there are no unsafe conditions on their premise that could harm visitors or guests. They can be held liable for personal injury or wrongful death if someone is seriously hurt or died from a hazardous condition on the property.

Manufacturers, sellers, and distributors of a defective product can also be held for products liability if a consumer was injured or killed by that product.

In Maryland and Washington D.C., one of our experienced personal injury lawyers would be happy to discuss your case.

Carbon Monoxide Poisoning
Carbon Monoxide (CO), often referred to as “the silent killer,” is the number one cause of accidental poisoning fatalities in the United States. The Centers for Disease Control says that 15,000 people visit the hospital every year due to carbon monoxide poisoning. About 500 CO poisoning deaths occur annually.

Some Sources of Carbon Monoxide:
• Charcoal grills
• Gas water heaters
• Propane heaters
• Propane stoves
• Cigarette smoke
• Generators powered by gasoline and diesel
• A boat run by an engine
• Paint removers
• Spray paint
• Degreasers
• Solvents

Widow sues OC hotel over carbon monoxide deaths, MDDailyrecord.com, February 19, 2008

Wrongful death suit filed in resort carbon monoxide deaths, Examiner.com, February 20, 2008

Related Web Resource:

Carbon Monoxide Poisoning, EMedicineHealth

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The National Transportation Safety Board says that a design flaw is what led to undersized gusset plates holding the steel beams on Interstate 35-W bridge in Minneapolis, Minnesota to snap and the bridge to collapse into the Mississippi River last August. More than 100 people were injured and 13 others were killed.

According to NTSB Chairman Mark V. Rosenker, investigators discovered 16 fractured gusset plates—which were reportedly half the thickness that they need to be and were installed that way. Rosenker said investigators could not locate the design calculations to determine the source of the design flaw. He also stated that there was no evidence to indicate that corrosion, cracking, or other wear was responsible for the bridge collapse.

Investigators have suggested that a construction going on at the bridge at the time of the accident may have been put much weight and pressure on the bridge's structure.

After the accident in August, Minnesota officials said that the eight-lane bridge, open since 1967, had passed inspections for years—albeit without flying colors. During a 2006 inspection, the Minneapolis Bridge rated a 4 out of 9 for its supporting structure, which was in reportedly poor condition.

As far back as 1990, the federal government had categorized the bridge as structurally deficient. The bridge, like many bridges built in the 1950’s and 1960’s, was missing the redundant protection needed to reduce the types of single structural failures that can cause the bridge to come crashing down.

When flaws in the design of a product results in serious injuries, the manufacturer of the product, the companies that installed or made the product available for use, and the person responsible for authorizing the product’s use can be held liable in a products liability lawsuit.

The owner of an unsafe premise—whether public or private—can also be held liable if a person is injured on a property because the premise itself or a condition on the premise was unsafe, hazardous, or improperly maintained. A premises liability lawsuit may even name a local, state, or federal government entity if the plaintiff has grounds to hold them responsible for the injuries or deaths.

NTSB: Minneapolis bridge that collapsed had design flaw, CNN.com, January 15, 2008

Design Flaw Said to Have Caused Minn. Bridge to Collapse, Washington Post, January 15, 2008

Minneapolis Bridge Had Passed Inspections, New York Times, August 3, 2007

Related Web Resource:

National Transportation Safety Board

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