Archive for the ‘Auto Defects’ Category

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Dallas Product Liability Attorney On What You Can Expect In Defective Product Litigation?

April 26, 2010

Most of us use manufactured products every day to improve our physical health, mental health and to make life a little easier. We rely on these products to help us in the way that they are supposed to. Products are tested for safety before being placed on the market. However, sometimes products that reach the open market and consumers are not safe for use. When this happens, people may be injured. Injuries may be caused by products that were defective when manufactured, or they may be inherently unsafe for use. Manufactures have a legal duty to test their products and ensure their safety before they are marketed and made available to the public. If a product has risks, the manufactured also has a duty to warn the general public of any dangerous associated with use. If companies do not adequately test their products or do not produce them correctly, injuries may occur when consumers use them. If this is the case, the victim (or victim’s family) may have a claim for injuries and litigation may be appropriate.

Responsible Parties:

There are different types of products on the market and factual situations that may determine the party liable for injuries from defective products. If the product is medical in nature, the liable party may be the manufacturer, the physician who prescribed the medication or medical product or the pharmacist who administered the drug or medical device. For other types of goods, such as machinery, tools, toys and electronics, the product manufacturer may be responsible for the product defect. The product (or market good) may have been defective in design or in manufacturing. The company liable depends on at what point in the product’s creation the defective condition occurred. The company that designed the product may be different from the company that manufactured it.

Additionally, product manufacturers are mandated to test all products for safety and they must meet government safety requirements before a product may enter the flow of commerce. If testing reveals that a product has the potential for harmful side effects or injuries, the manufacturer has a legal duty to warn consumers of these risks.

Possible Legal Claims:

If a person has been injured as a result of using a defective product, he or she may have remedies at law. The causes of action available to an injured party may differ depending on the product, the severity/or type of injury and other specific facts of the case. Defective product cases will generally involve legal claims of personal injury or product liability. In some cases, there may also be a claim for wrongful death. In a personal injury case, the plaintiff (injured party) must prove to the court that the manufacturer had a legal duty to the consumer, that duty was breached, the breach of duty was the direct (proximate) cause of the victim’s injury and that the injury occurred.

In contrast, if the cause of action is for product liability, the plaintiff must prove that the product was either defective in design, defective when manufactured or that the product’s manufacturer know of harmful risks associated with the product and failed to warn potential consumers. In cases of wrongful death, the victim’s family must prove that their loved one’s death was cased by using the product. There may also be wrongful death cases where the company failed to warn consumers of dangers associated with using the product, or, in cases of medical drugs or devices, the doctor failed to warn the victim of potential risks. Other potential claims in defective product cases include fraud, negligence and/or breach of warranty. It is important to discuss your case with an attorney prior to defective product litigation.

If you or a love one has been seriously injured from a defective product, time is of the essence to preserve the evidence and you should contact an experienced product liability attorney that can help you seek justice in the most efficient manner possible. Please contact our office anytime for a free consultation or visit our website: www.TexasJusticeForAll.com.

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Don’t Be A Victim Of Auto Dealer Fraud In Texas

May 20, 2009

Auto dealer fraud is a term that describes deceptive and unlawful practices used by automobile dealers, at almost any stage of the vehicle purchase process: from advertising, to negotiation of vehicle pricing and financing terms. This fraud is plaguing Texas and consumers are being taken for hundreds, and often thousands, of dollars.

While a profitable operation of an automobile dealership is reasonable and necessary, these scams are adding millions of dollars each year to the profits of car dealers at the expense of consumers. Texas’ legislation provides that auto dealers shall not engage in bad actions which are arbitrary, in bad faith, or unconscionable. These violations of this legislation often occurs when dealers pressure consumers into purchasing additional products in the form of extended warranties, guaranteed auto protection insurance (also known as GAP insurance coverage), and car care plans on the premise that such products are necessary to purchase the car or to successfully finance your purchase of the vehicle. These additional products are quite often unnecessary and such tactics are in clear violation of the Texas legislature’s intent to protect consumers.

To avoid auto dealer scams, it is imperative that you adopt the following tips which will help protect all consumers from becoming a victim:

1) Never take “spot delivery” of a vehicle – do not drive it off the lot until you are absolutely sure that the financing is done and sealed. Shop during the weekdays when banks are open and be sure that the loan is approved by a bank in its final form before driving away with the vehicle. Most importantly, do NOT sign any form which allows a dealer a “right of recision” to change loan terms after you have taken possession of the vehicle.

2) Shop for the best loan (and loan terms) as carefully as you shop for the best sticker price. Shop around for the best deal and be sure of the following: the exact number of payments; the total cost of your credit in dollars; the name, address and contact information for the bank that holds the loan; and whether there will be any balloon payment at the end.

3) Collect a second opinion on the loan and be ready to use outside financing from a credit union or bank. Before you buy, ask a credit union or your bank what a loan for that vehicle would cost. Also, get a copy of your credit report from a rating agency, and know where you stand. Compare the dealership’s offer with your independent loan. If the independent loan is preferable, do not tell the dealership that you have arranged for other financing until after you have negotiated the sticker price and are on the verge of closing the deal.

4) Make a budget and stick to it. Before you go to the dealership, use what you know about the sticker price and loan to figure out the monthly payment and loan schedule you can afford. These days, most of this information can be found on the Internet.

5) Plan to go away and come back several times before you buy. Stop the transaction if you feel pressured or confused. Just walk away, and stick to your guns. Remember, you are in control, not the auto dealer.

Attorney Scott Edgett is a civil trial attorney with the Humphreys & Peterson Law Firm in Dallas, Texas. Mr. Edgett is licensed to practice law in Texas and Florida. Over the last decade, Mr. Edgett has emphasized on providing superior client representation in a professional and ethical manner, while experiencing high job satisfaction and trying to make the world a safer place for all. Mr. Edgett has been representing families and consumers whose lives have been devastated by reckless drivers, dangerous products, and other negligent tortfeasors. When a tragedy occurs because of the irresponsible behavior of a tortfeasor, an insurance company, or a corporation, Mr. Edgett and the firm of Humphreys & Peterson are advocates for the people and will help pursue justice for all. To speak directly to Attorney Scott Edgett, please feel free to contact him at (866) 259-0661, via email at Scott@TexasJusticeForAll.com, or visit our website at www.TexasJusticeForAll.com for further information regarding our law firm.

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Two Arlington High School Students Seriously Injured In Auto Accident

February 9, 2009

According to the Dallas Morning News, an 18-year-old high school student from Arlington is in critical condition after being involved in a two-vehicle accident on February 7, 2009, on the eastbound lanes of Interstate 20 in Grand Prairie, Texas, after her SUV careened off an overpass.

The young victim, Jerrica Griffin, 18, of Arlington was driving her 2001 Ford Explorer eastbound on Interstate 20 in Grand Prairie around 11:15 a.m. when she lost control, hit a 2006 Lincoln Town Car and flipped over a barrier, police said. Her SUV landed on its roof on an embankment next to Great Southwest Parkway. Ms. Griffin was trapped in the SUV for 35 minutes before firefighters were able to free her. She was taken to Methodist Dallas Medical Center in critical condition.

Ms. Griffin’s passenger, Amber Green, 17, of Arlington, was also taken to Methodist Dallas Medical Center, where she was treated for non-life threatening injuries. It is believed that both of these young accident victims attended Arlington Seguin High School.

As of the date of this posting, the accident remains under investigation by the police department.

I would respectfully request that you please keep Jerrica Griffin and Amber Green and their family members in your thoughts and prayers during this extremely difficult time.

I would be personally interested to see the results of the investigation into this SUV rollover accident to see if the Ford Explorer was defective in its manufactured design which would cause it to roll over with a sudden movement of the steering wheel. Over the years, USV rollovers have become one of the most litigated defective product lawsuits across the United States. Additionally, it is important to see if any of the Ford Explorer’s tires played a role in this tragic accident. Finally, it is also imperative to conduct a detailed investigation to see if any other vehicles were at fault for this accident which caused or contributed to this auto accident.

 

It is important that Ms. Griffin and Ms. Green’s family members immediately contact a highly qualified automobile accident attorney to protect their legal options. We would urge these families to seek the counsel of an experienced Texas accident attorney, who is well-versed with defective automobiles. A skilled personal injury lawyer will be able to look into the various factors that played a role in this horrific crash and immediately notify all parties who could be responsible for this devastating SUV rollover accident that seriously injured Ms. Griffin and Ms. Green in Grand Prairie, Texas.

Attorney Scott Edgett is a civil trial attorney with the Humphreys & Peterson Law Firm in Dallas, Texas. Mr. Edgett is licensed to practice law in Texas and Florida. Over the last decade, Mr. Edgett has emphasized on providing superior client representation in a professional and ethical manner, while experiencing high job satisfaction and trying to make the world a safer place for all. Mr. Edgett has been representing families and consumers whose lives have been devastated by reckless drivers, dangerous products, and other negligent tortfeasors. When a tragedy occurs because of the irresponsible behavior of a tortfeasor, an insurance company, or a corporation, Mr. Edgett and the firm of Humphreys & Peterson are advocates for the people and will help pursue justice for all. To speak directly to Attorney Scott Edgett, please feel free to contact him at (866) 259-0661, via email at Scott@TexasJusticeForAll.com, or visit our website at www.TexasJusticeForAll.com for further information regarding our law firm.

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40 Year Old Woman Killed After Tractor Trailer Truck Rolls Over On Her Vehicle In Euless

February 5, 2009

Debbie Kaye, 40, was killed after a truck hauling rock rolled over her sport utility vehicle at the intersection of Highway 183 and Industrial Blvd in Euless at about 11 a.m. Tuesday, February 3, 2009. It took emergency crews two hours to remove the Kaye’s body from the wreckage.

According to DFW News, it is believed that Kaye left behind three minor daughters ranging from ages 8 to 18.

The police are still investigating who was at fault for this horrific tragedy. Additionally, the police are investigating to determine if the truck driver ran the red light or had some type of mechanical malfunction. The driver reportedly told police that his brakes didn’t work.

I would respectfully request that you please keep Debbie Kaye’s surviving family members and friends in your thoughts and prayers during this difficult time.

I would be personally interested to see the results of the investigation into this tractor trailer accident to see if the driver of the tractor trailer negligently ran the red light or if he broke some other traffic law. Additionally, it is important to see if the tractor trailer driver had received proper training driving a tractor trailer semi, how long he has been driving a tractor trailer, and if the driver has caused any other accidents while driving a tractor trailer in his CDL career. Finally, it is also important to conduct a detailed investigation into the driver’s allegations that his brakes were defective. A manufacturer of a defective product is responsible for any and all injuries caused by the defective product.

 

It is important that Debbie Kaye’s family immediately contact a highly qualified tractor trailer accident attorney to protect their legal options. We would urge the family of Mr. Kaye to seek the counsel of an experienced Texas accident attorney, who is well-versed with defective product cases as well. A skilled personal injury lawyer will be able to look into the various factors that played a role in this horrific crash and immediately notify all parties who could be responsible for this devastating tractor trailer accident that killed Mrs. Kaye.

Attorney Scott Edgett is a civil trial attorney with the Humphreys & Peterson Law Firm in Dallas, Texas. Mr. Edgett is licensed to practice law in Texas and Florida. Over the last decade, Mr. Edgett has emphasized on providing superior client representation in a professional and ethical manner, while experiencing high job satisfaction and trying to make the world a safer place for all. Mr. Edgett has been representing families and consumers whose lives have been devastated by reckless drivers, dangerous products and other negligent tortfeasors. When a tragedy occurs because of the irresponsible behavior of a tortfeasor, an insurance company, or a corporation, Mr. Edgett and the firm of Humphreys & Peterson are advocates for the people and will help pursue justice for all. To speak directly to Attorney Scott Edgett, please feel free him at (866) 259-0661, via email at Scott@TexasJusticeForAll.com, or visit our website at www.TexasJusticeForAll.com.

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15 Year Old Biker Struck By Hit & Run Vehicle In Rowlett

February 4, 2009

According to the Dallas Morning News, the Rowlett police were investigating a hit-and-run accident that sent a 15-year-old boy to the hospital.

A teen riding his bike while crossing the street at the Rowlett Road and Larkspur Lane intersection was struck around 6:30 p.m. on Tuesday, February 3, 2009. The fifteen year old was taken to an area hospital for treatment and released later last night.

As of the time of this posting, the Rowlett Police said today they do not have a good description of the driver or the vehicle involved in the accident.

I would respectfully request that you please keep this young accident victim and his family in your prayers during these difficult times.

I would be personally interested to see the results of the investigation into this hit and run accident to see if the police are finally able to locate the at fault driver of the accident. Additionally, it is important to see if alcohol or drugs were involved in this auto accident since the driver left the scene of the accident. Finally, it would be interesting to see if any other vehicles or a dangerous intersection played any roles in this accident.

It is important that the family of this automobile accident victim immediately contact a highly qualified auto accident attorney to protect their legal options. We would urge the family of this victim to seek the counsel of an experienced Texas automobile accident attorney, who is well-versed with bike accident cases as well. A skilled personal injury lawyer will be able to look into the various factors that played a role in this tragic crash and immediately notify all parties who could be responsible for this hit and run accident that injured this young victim in Rowlett, Texas.

Attorney Scott Edgett is a civil trial attorney with the Humphreys & Peterson Law Firm in Dallas, Texas. Mr. Edgett is licensed to practice law in Texas and Florida. Over the last decade, Mr. Edgett has emphasized on providing superior client representation in a professional and ethical manner, while experiencing high job satisfaction and trying to make the world a safer place for all. Mr. Edgett has been representing families and consumers whose lives have been devastated by reckless drivers, dangerous products and other negligent tortfeasors. When a tragedy occurs because of the irresponsible behavior of a tortfeasor, an insurance company, or a corporation, Mr. Edgett and the firm of Humphreys & Peterson are advocates for the people and will help pursue justice for all. To speak directly to Attorney Scott Edgett, please feel free him at (866) 259-0661, via email at Scott@TexasJusticeForAll.com, or visit our website at www.TexasJusticeForAll.com.

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1 Killed, 2 Seriously Injured in One Car Accident In Garland

January 26, 2009

According to ABC 8, a one-vehicle wreck in Garland Thursday night, January 22, 2009, killed one person and seriously injured two others.
Police believe the pickup truck was speeding northbound on Saturn Road when it slammed into a utility pole at Briarwood Drive shortly after 10 p.m. The impact actually broke the pole in half.

Based upon the preliminary investigation, the driver died at the scene and two passengers were critically injured and taken to Parkland Memorial Hospital and Dallas Methodist Medical Center for treatment.

I would respectfully request that you please keep these accident victims and their families in your prayers during these difficult times.

I would be personally interested to see the results of the investigation into this truck accident to see if the driver was at fault for the accident or if the vehicle was defective. Additionally, it is important to see if alcohol or drugs were involved in this auto accident. Finally, it would be interesting to see if any other vehicles played a role in this accident.

It is important that these automobile accident victims and their families immediately contact a highly qualified auto accident attorney to protect their legal options. We would urge the family of these victims to seek the counsel of an experienced auto accident attorney, who is well-versed with defective product accident cases as well. A skilled personal injury lawyer will be able to look into the various factors that played a role in this horrific crash and immediately notify all parties who could be responsible for this devastating auto accident that injured these victims in Garland.

Attorney Scott Edgett is a civil trial attorney with the Humphreys & Peterson Law Firm in Dallas, Texas. Mr. Edgett is licensed to practice law in Texas and Florida. Over the last decade, Mr. Edgett has emphasized on providing superior client representation in a professional and ethical manner, while experiencing high job satisfaction and trying to make the world a safer place for all. Mr. Edgett has been representing families and consumers whose lives have been devastated by reckless drivers, dangerous products and other negligent tortfeasors. When a tragedy occurs because of the irresponsible behavior of a tortfeasor, an insurance company, or a corporation, Mr. Edgett and the firm of Humphreys & Peterson are advocates for the people and will help pursue justice for all. To speak directly to Attorney Scott Edgett, please feel free him at (866) 259-0661, via email at Scott@TexasJusticeForAll.com, or visit our website at http://www.TexasJusticeForAll.com.

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55 Year Old Motorcyclist Killed In Dallas Accident

January 26, 2009

According to Dallas Morning News, a 55-year-old Rowlett man died on Sunday, January 25, 2009, in a motorcycle accident near White Rock Lake in Dallas, Texas.

According to Dallas Police, Brad Miller lost control of his green 2001 Harley Davidson near Northwest Highway and West Lawther Drive. The accident occurred just before 6 p.m. on Sunday and Mr. Miller died at Baylor University Medical Center at Dallas.

The preliminary investigation has revealed that Mr. Miller had been stopped for a red light on his motorcycle. When the light turned green, the he accelerated and was unable to control his bike through a curve. The Harley hit a curb, then a wooden utility pole. As of the time of this posting, there was no indication that drinking was a factor in the crash. However, it is unknown whether Mr. Miller was wearing a helmet at the time of the accident.

This is the 6th traffic accident death in Dallas County so far in the first 25 days of 2009. Thus, it is always important to be careful out there as you drive on your everyday travels.

I would respectfully request that you please keep Mr. Miller’s family in your prayers during this difficult time.

I would be personally interested to see the results of the investigation into this motorcycle accident to see if the motorcycle was defective in any manner. Additionally, it would be interesting to see if any other vehicles played a role in this accident.

It is important that Mr. Miller’s family immediately contacts a highly qualified motorcycle accident attorney to protect all legal options. We would urge the family of this victim to seek the counsel of an experienced Texas motorcycle accident attorney, who is well-versed with defective product accident cases as well. A skilled personal injury lawyer will be able to look into the various factors that played a role in this horrific crash and immediately notify all parties who could be responsible for this devastating motorcycle accident that killed Mr. Miller in Dallas.

Attorney Scott Edgett is a civil trial attorney with the Humphreys & Peterson Law Firm in Dallas, Texas. Mr. Edgett is licensed to practice law in Texas and Florida. Over the last decade, Mr. Edgett has emphasized on providing superior client representation in a professional and ethical manner, while experiencing high job satisfaction and trying to make the world a safer place for all. Mr. Edgett has been representing families and consumers whose lives have been devastated by reckless drivers, dangerous products and other negligent tortfeasors. When a tragedy occurs because of the irresponsible behavior of a tortfeasor, an insurance company, or a corporation, Mr. Edgett and the firm of Humphreys & Peterson are advocates for the people and will help pursue justice for all. To speak directly to Attorney Scott Edgett, please feel free him at (866) 259-0661, via email at Scott@TexasJusticeForAll.com, or visit our website at http://www.TexasJusticeForAll.com.