Posts Tagged ‘Defective Product’

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Daycare Warning: Drop-Side Cribs To Be Banned

May 25, 2010

The Washington Post reported this weekend that the US will ban drop side cribs amid ongoing safety concerns.

The drop side crib has been on the US market since the 1950, although it is unknown how many are still in use. Because many cribs cost $1,000 or more, many are used repeatedly and handed down to family members, making it difficult to estimate their numbers. By the end of the year, it will be illegal in the U.S. to sell drop-side cribs and for places like daycare centers and hotels to use them. Repeat offenders of the ban, which comes after years of growing concern about the cribs, could face criminal penalties.

The Consumer Product Safety Commission has seen too many recalls and far too many deaths from defective drop side cribs in recent years. Since 2005, more than 7 million drop side cribs have been recalled because of suffocation and strangulation dangers. There have been at least 32 deaths from defective drop side cribs since 2000. Cribs are meant to be safe enough to leave a child unattended and when cribs malfunction, the infant is usually alone.

Safety advocates have been pushing for tougher crib regulations for nearly a decade, with little action. Federal safety standards for cribs have not been updated since 1982 (those infants are now nearly 30 years old).

Safety experts encourage anyone owning a drop side crib to examine it thoroughly. New cribs should be used without the drop side feature. Older or hand-me-down cribs should be discarded and replaced.

With defective cribs, it is absolutely important for crib manufacturers and CPSC to warn not only parents, but also caregivers and day care centers, which may not even know about these recalls. CPSC is warning parents not to give away the recalled cribs or sell it to a thrift store. The lives of innocent children is at risk here. It is absolutely important that these “death traps” be kept out of homes and daycare centers.

The tragedies caused by drop-side cribs must not be forgotten. It’s high time that federal officials finally decided to ban drop-side cribs and came up with strict regulations for safe crib design. Almost all children’s nursery products are made in other countries, a majority of them in China. These dangerous product defects occur because distributors and companies here have almost no control over the quality of products manufactured offshore. This is unacceptable. If your child has been injured by a nursery product, please contact Attorney Scott Edgett, a reputed Texas Trial Attorney, who will go after these defective product manufacturers and hold them accountable. www.TexasJusticeForAll.com

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Texas Injury Attorney On The Important Issues Regarding Child Car Safety Seats

May 20, 2009

Texas seat belt law states that all children under age of five (5) must be restrained in a child safety seat and that all infants must ride in rear-facing safety seats until they are at least 20 pounds and are at least 1 year old. These laws will likely be changed in 2009, if it is up to the Texas Legislature.

Notwithstanding the foregoing, it is important to know that all child safety seats are NOT created equal. Your child’s age and weight should dictate which type of child safety seat you choose for him or her. Here are the facts for 3 types of child car safety seats.

Rear Facing Seats:

According to the National Highway Traffic Safety Administration (NHTSA) and Texas seat belt law, infants should be kept in a rear-facing seat until they reach the age of 1 and are at least 20 pounds. Many families receive hand-me-down child safety seats from friends and family members. If this is the case, before using the seat, you should consult the NHTSA’s Child Restraint Recall Website at http://www-odi.nhtsa.dot.gov/cars/problems/recalls/childseat.cfm. This site has the details of every child safety seat recall since January 1990 and can prevent you from putting your child at risk.

Forward Facing Seats:

When your child has outgrown his rear-facing seat, you should upgrade to a forward-facing child safety seat. This seat should be placed in the car’s backseat whenever possible to prevent the seat from being struck by an airbag in the case of a car crash. Your child should ride in a forward-facing seat until he is around 4 years old and 40 lbs.

Booster Seats:

When the child outgrows his forward-facing seat, you should purchase a booster seat. The child should ride in a booster seat in the back seat until the vehicle seat belt fits him properly without the booster. Booster seats are designed to prevent injury from the seat belt in the event of an auto accident. When the lap belt lays across his upper thighs and the shoulder belt fits across his chest (usually when he turns 8 and is 4’9″), he can ride without the booster seat.

In conclusion, one of the most important things about your child’s safety seat is that it is properly installed. To do this, you have to be able to understand the instructions. The NHTSA puts out an annual report on the “ease-of-use” of every safety seat on the market. That list is available on the Internet at http://www.nhtsa.gov/portal/site/nhtsa/menuitem.9f8c7d6359e0e9bbbf30811060008a0c.

If you still have questions about the installation of your car seat after you read the manual, many local police and fire stations will check the car seat installation for you.

Attorney Scott Edgett is a civil trial attorney with the Humphreys & Peterson Law Firm in Garland, 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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General Compound Bows Recalled By BowTech Archery For Unexpected Breaks

February 19, 2009

The U.S. Consumer Product Safety Commission, in cooperation with BowTech Archery of Eugene, Oregon, today announced a voluntary recall of The General Compound Bows. Consumers should stop using recalled products immediately unless otherwise instructed.

 

The ends of the bow’s limbs can unexpectedly break during use and send fragments of the bow in the direction of the user or bystanders, posing a risk of injury.

 

To date, there have been 255 reports of the bow’s limbs breaking, including 11 reports of lacerations, abrasions, or contusions when pieces from the breaking bow struck the user.

 

Specifically, this recall involves approximately 8,000 of the “The General” compound bows hunting and target models with draw weights of 60 and 70 pounds that do not have a collet (see illustration below) in the limb. The bows measure about 31 inches long and have draw lengths of 26-30 inches. Hunting models were sold in real tree and mossy oak camouflage patterns. Target models were sold in gray, black, and wood-grain. The bows have laminated wood grips engraved with the word “BowTech” and a label with “The General” on the center pivot point of the bottom limb.

 

This product was sold at authorized BowTech Dealers nationwide from September 2007 through July 2008 for about $800.

 

Consumers should immediately stop using the recalled bows and contact their dealer to schedule a free repair. For more information, contact BowTech Archery at (888) 689-1289 anytime or visit the company’s Web site at www.bowtecharchery.com.

 

If you or a loved one has been injured by this defective product or any other defective product, it is imperative for you to contact an experienced defective products attorney, who will make sure that any negligent manufacturers are held accountable for any injuries caused from defective products and that you or loved one are fairly compensated for any injuries.

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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11 Year Old Girl Killed While Boarding A School Bus In South Texas

February 18, 2009

According to Action 4 News in Harlington, Texas, an 11 year old Cameron County girl was killed after a driver went around a school bus and struck her with his car.

The Texas Department of Public Safety state troopers said the accident happened in the morning on Tuesday, February 17, 2009, off U.S. Highway 281 and FM 506 in the rural community of Bluetown, Texas which is near the Mexico border.

State troopers said a school bus was picking up children and had the stop sign activated. Under Texas state law, all motorists must stop when a school bus flashes it’s warning lights. However, the driver of the Mercury Marquis, Arturo Martinez Reyes of Weslaco, Texas, failed to follow this law and went around the shoulder and struck the 11 year old child. The young innocent child has been identified as Valeria Garcia.

The investigation is still pending but the Texas law enforcement authorities have indicated that Mr. Reyes will likely face criminally negligent homicide charges as a result of this accident.

We would respectfully request that you please keep Valeria Garcia’s family members and friends in your thoughts and prayers as they all go through this extremely difficult time. It is a tragedy that such a young life is lost as a result of senseless act by a driver.

We would be interested to see the results of the final investigation into this auto accident. It is important to determine if anyone else bears any responsibility for this accident in addition to Mr. Reyes. This additional responsibility can come from: another vehicle, the bus, or any obstructions that could have caused Mr. Reyes to not see the bus stop sign. It is important that the victim’s family members immediately contact a highly qualified personal injury attorney to protect all of their legal options. A skilled personal injury lawyer will be able to look into the various factors that played a role in this crash and immediately notify all parties who could be responsible for this devastating and unfortunate auto accident.

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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Evenflo Activity Centers For Children Recalled Due To Falling Hazard From Defective Leg

February 18, 2009

The U.S. Consumer Product Safety Commission, in cooperation with Evenflo Co. Inc. Of Miamisburg, Ohio, today announced a voluntary recall of the Evenflo Activity Centers. Consumers should stop using recalled products immediately unless otherwise instructed.

When used as an activity table, the cap on one end of the product can loosen and fall off, posing a fall hazard to a young child. To date, Evenflo has received 11 reports of dislodged end caps which resulted in nine minor injuries, including bumps and bruises. Additionally, Evenflo has received a report of a dislodged end cap that resulted in a child suffering a broken collarbone in Canada.

The recall involves approximately 213,000 units of the Evenflo ExerSaucer Triple Fun stationary activity centers made between October 2006 and December 2008. The model number is 6231711. Stage 3 position involves converting the product into an activity table. No other ExerSaucer models use end caps and, therefore, no other models are included in this recall.

This item is sold at juvenile product and mass merchandise stores nationwide, including Toys ‘R Us and Burlington Baby Depot. This items was sold to consumers from October 2006 through February 2009 for about $120.

Consumers should immediately stop using the activity table in Stage 3 and contact Evenflo to receive a free replacement end cap. The product may continue to be used in Stages 1 and 2 without any changes.

If you or a loved one has been injured by this defective product or any other defective product, it is imperative for you to contact an experienced defective products attorney, who will make sure that any negligent manufacturers are held accountable for any injuries caused from defective products and that you or loved one are fairly compensated for any injuries.

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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Dallas Jury Awards $17.5 Million, But This Award Unfortunately Reduced By $10 Million Because Of The Texas Legislature

February 18, 2009

According to the Dallas Morning News, a former maintenance man for a North Dallas apartment complex who lost his arms and legs to an MRSA infection has been awarded $17.5 million by a Dallas County jury.

Dr. Meenakshi S. Prabhakar, a Bedford infectious-disease specialist, was ordered to pay nearly $7.5 million to David Fitzgerald, 53, who now lives with his brother in East Texas. Dr. Prabhakar treated Fitzgerald in 2003, when he developed an infection following surgery at RHD Medical Center in Farmers Branch.

Because of caps on medical malpractice cases, Fitzgerald cannot collect about $10 million the jury awarded for pain, mental anguish and physical impairment. The state allows no more than $250,000 to be paid for non-economic damages in such cases.

The Texas statutory caps on non-economic damages (i.e. pain and suffering) in medical malpractice cases are tragically unfair and this case emphasizes that tremendously. Mr. Fitzgerland cannot bathe himself, cannot leave his own house without assistance, and will need daily care for the rest of his life.

As a civil trial attorney representing seriously injured individuals and their families over the years, I have seen many cases that would clearly justify an award of pain and suffering well in excess of $250,000.00, which is now the statutory cap in Texas for medical malpractice cases. That is a tragedy in itself. As a result of these statutory caps, these seriously injured victims become victimized for a second time.

If our civil justice system permits a jury of our peers to determine what is fair and reasonable for an injured person to recover, then it is outrageous to take that decision away from a jury. If a jury of our peers determines that someone is entitled to a certain some of money as compensation for pain and suffering, then there decision should be final. Our civil justice system needs to change immediately before more statutory caps are implemented by the Texas legislature for any and all injury cases.

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.