Posts Tagged ‘Lawyer’

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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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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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Scott Edgett, Garland Injury Attorney, on Tragic Interstate 30 Auto Accident

July 14, 2009

According to the Dallas Morning News, one man was killed and another was critically injured after they were struck by an SUV on Sunday, July 12th as they filled up their van which had run out of gas on a westbound Interstate 30 service road in Fort Worth.

Floyd Boortz, 78, and a 20-year-old man were filling up their tank near the Cherry Lane exit when a sport utility vehicle exited the highway and crashed into them at about 10 p.m., according to Fort Worth police.

The white van flew into the guardrail while the SUV hit a second vehicle, a Dodge sedan whose owner had stopped to help the stranded travelers, police said. Boortz died at the hospital about an hour later, according to the Tarrant County medical examiner’s office. The 20-year-old man was in critical condition according to police.

The 35-year-old SUV driver and the Good Samaritan were not injured, police said. A female passenger in the van was uninjured, and a 2-year-old boy also in the van was taken to the hospital as a precaution.

I offer my deepest condolences to the family and friends of Mr. Boortz during this tragic time. As for the other victim of this auto accident that survived this auto accident, I wish this victim the very best for a complete and speedy recovery.

In such types of serious interstate automobile accident cases it is important for the victims to consult an experienced civil litigation attorney, who can carefully examine and analyze the facts and determine whether there was any negligence or wrongdoing involved. I trust the local police department officials are looking into the motorist’s actions and how or why he collided with the other vehicles. Who had the right-of-way there? Was the motorist driving recklessly or under the influence? Was he or she distracted at the time of the car accident? All these are questions that need to be answered.

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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Garland Attorney On High Speed Police Chase Results In Serious Garland Accident

July 7, 2009

According to the Dallas Morning News, a man whom Dallas County constables tried to pull over for speeding led them on a winding chase Monday that lasted about 90 minutes, as he sped up and down highways, skidded across medians, mowed over a stop sign and rammed through a train crossing. It culminated in a violent T-bone crash that played out on live television.

The suspect, a 29-year-old felon named Shane W. Michel, was taken to Baylor University Medical Center in critical condition. The driver of a pickup that collided with Michel’s gray Nissan walked away from the crash without serious injury – but unhappy that his safety was jeopardized.

However, Constable Michael Gothard defended the chase, saying that authorities learned during the pursuit about a felony warrant for Michel’s arrest.

The chase started about 1 p.m. in the Mesquite area near where interstates 30 and 635 intersect. A constable saw Michel speeding. Authorities say Michel got onto I-635 and drove north around Dallas to Interstate 35E, where he headed south. His path from there was full of skids and U-turns that took him in and around Dallas, until finally about 2:30 p.m. he was northbound on Plano Road into Garland and Richardson. As Michel approached the intersection of Plano and Buckingham roads, his Nissan passed a group of cars at a red light and tried to squeeze through. But a pickup slammed into his left side, crumpling his car and hurtling it across the pavement.

 Other motorists found their tires slashed by stop sticks meant for Michel. It was not clear to which agency the stop sticks belonged. Garland police and Dallas County sheriff’s deputies both assisted with the chase.

 Michel’s criminal history includes arrests for drugs, burglary and resisting arrest. In 2006, Mesquite police arrested him on a charge of evading arrest, for which he later pleaded guilty. The active warrant that constables learned about during the chase was for a charge of forgery. But Gothard said even Michel’s flight from the speeding violation was reason enough to chase.

 Dallas police did not get involved in the chase, except to briefly lend help from a helicopter. With one of the most restrictive chase policies in the nation, Dallas officers can pursue offenders at high speeds only when they are suspected of committing violent felonies. Last year, after a 10-year-old boy was killed and an officer seriously injured in separate high-speed situations, Dallas police commanders added even more restrictions.

With a high speed chase, you might only hear those police sirens for a few seconds before the cars come whizzing by you on the street. Sometimes, maybe not even long even to property move over to the curb – or at least get partially out of the way! Too often, however, those high speed police chases cause accidents and injure the innocent drivers on the road. The courts were then faced with having to decide whether, or to what extent, a police officer could be liable to an injured driver for causing an accident as a result of a high speed chase. I mean, if regular drivers who speed through the streets and intersections cause and accident, they’re liable to those they’ve injured. Why shouldn’t the police be liable for causing the same accident?

But the line has to be drawn somewhere. Some might argue that all high speed chases endanger the innocent other drivers on the road – that the police act in “reckless disregard” for the safety of the public on the roadway when they conduct a high speed chase. Even further, sometimes the way in which a high speed police car pursuit is conducted actually “shocks the conscience” of the community. For instance, would a high speed chase in excess of 100 mph along neighborhood streets in front of an elementary school be okay in pursuit of a minor traffic offender? If a 6-year old girl was killed by the police car while she crossed the street to go home… well, we might then look at that high speed chase and determine that it not only was in “reckless disregard for public safety,” but that it does in fact “shock the conscience.”

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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Frightening DWI Statistics In Texas

June 8, 2009

In Texas, someone is hurt or killed in an alcohol-related automobile crash every 19 minutes. Even more astonishing, drunk driving claims an average of five lives each and every day here in Texas.

Drunk driving is a violent crime. In the United States, drunk driving crimes occur more often than any other crime. Approximately, every five (5) hours, someone is killed in an alcohol-related traffic crash in Texas.

Unfortunately, Texas continues to be among the national leaders when it comes to traffic deaths that involve alcohol. According to the National Highway Traffic Safety Administration, in 2004 in Texas, 1,642 motorists were killed in alcohol-related crashes, second to California by only a single death. In 2004, experts estimate that 70 Texans were injured or killed in alcohol-related crashes every day.

The Department of Public Safety reports that of the 98,349 drunk driving arrests made in Texas in 2004, 303 young people between nine and sixteen years old were arrested for drinking and driving. An additional 9,285 minors between ages 17 and 20 were arrested for driving under the influence. That means more than 11 percent of all the people arrested for drinking and driving were under 21 years of age, the legal age for alcohol consumption in Texas.

Recently, Texas has edged out California once again as the state with the most alcohol-related motor-vehicle fatalities and the highest number of fatalities with drivers over the .08% legal limit. However, these drunk driving statistics have shown improvement, but clearly not enough. In 1982, the highest number of alcohol related deaths were reported, when 2,801 of our fellow Texans died. The lowest numbers were reported in 2005, with 1,544. The percentage of traffic fatalities that were alcohol related was highest in 1982 also, with 66%. That percentage dropped to its lowest level in 2005 also, showing 45% of traffic fatalities as alcohol related.

In 2005 and 2006, out of all traffic fatalities, 39% involved a blood alcohol concentration (BAC) of 0.08 or higher, down from 61% in 1982.

As the hot summer days approach here in Texas, it is important to leave your automobile keys with a designated driver if you are going to drink any alcohol away from your home. Although these numbers are decreasing over the last few decades, the number of alcohol related fatalities and injuries in automobile are still quite frightening. Please be safe and don’t drink and drive!

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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Texas Injury Attorney On The Hidden Home Dangers Of Tipping Furniture

June 2, 2009

Whether you have a baby learning to stand, an unsteady toddler trying to climb or a fearless preschooler who still doesn’t quite understand balance, furniture tip-overs are a real danger for kids.

Regardless of your child’s abilities and limitations, top-heavy furniture, TVs and appliances can tip over and seriously injure young children. There are many easy-to-install devices that anchor furniture to the wall, making furniture more stable and tip-over resistant. These devices are designed for dressers, wall units and anything your little explorer might try to climb.

I recommend the following safety tips to help prevent tip-over hazards:

  • If a piece of furniture is unstable or top-heavy, secure it to a stud in the wall using brackets, braces, anchors or wall straps. Large items such as TVs, microwaves, fish tanks, bookcases, heavy furniture and appliances can topple off stands and fall on children.
  • If possible, use a stand specifically designed for your TV as recommended by the manufacturer or place your TV on sturdy furniture appropriate for its size. Make sure both the stand and TV are properly secured to the wall and push your TV as far back on the stand as possible, out of your child’s reach.
  • If you have a newer, flat screen TV, make sure it’s properly anchored to the wall.
  • Read the manufacturer’s instructions for tips or warnings regarding placement of your TV or furniture.
  • Keep heavier items on lower shelves or in lower drawers.
  • Tie up loose cords, as a child pulling on an electrical cord, or tripping on one, could pull an appliance off a stand.
  • Don’t keep remote controls, candy, toys or other items that attract children on top of furniture, as your child might be enticed to reach for these items.
  • Supervise young children at all times.

As every parent knows, children love to play and sometimes think they’re invincible. Even if they can repeat your rules back to you, they may not recognize a hazard when they’re in a dangerous situation. Unless they’re properly secured to the wall, all pieces of freestanding furniture, large appliances or TVs have the capability of tipping over. It’s in your hands as a parent to make their environments as safe as possible.

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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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.