Posts Tagged ‘Product Liability’

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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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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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The Hidden Deadly Dangers Of Weight Loss Surgery

March 30, 2009

 

We live in a health and weight conscious society. One result of this new awareness has been a dramatic increase in the number of gastric bypass operations (also known as bariatric surgery) performed in the United States. Unfortunately, due to surgical errors and other types of medical negligence a number of gastric bypass patients suffer serious personal injuries from these surgeries each year.

According to the Center for Disease Control and Prevention, obesity has dramatically increased in the United States during the past 20 years. As waistlines continue to expand in this country, so do the number of dieters desperate to lose weight. A recent article published in the Boston Herald revealed that the number of bariatric surgeries, (also known as gastric bypass surgery) has quadrupled since 2000 to 171,000 in 2005, according to the American Society of Bariatric Surgery and the number keeps growing.

The American College of Surgeons is currently working on a program that will certify certain hospitals as “centers of excellence” for bariatric surgery. Hopefully, this will help reduce the number of complications and deaths resulting from weight loss surgeries in the United States. Current complications from gastric bypass surgery range from minor to major and include blood clots to the lungs, bowel leakage at the operation site, peritonitis and hernias. Tragically, these complications can and sometimes do lead to death.

Several types of gastric bypass operations are currently being performed in the United States. These include adjustable gastric banding (lap band surgery) and Roux-en-Y (stomach stapling). Another type of surgery, vertical banding, has for the most part been abandoned by contemporary surgeons.

Gastric bypass the most common form of weight loss surgery in the United States because it results in reliable weight loss. In gastric bypass surgery, the surgeon staples off a large section of the stomach, leaving a tiny pouch. Patients can’t eat as much as they used to before the surgery. The small pouch can only accommodate a few ounces of food at a time, resulting in weight loss.

Since 1997, the Center for Obesity Surgery has been performing a laparoscopic gastric bypass procedure. In this type of surgery, surgical instruments are inserted through small incisions rather than a large one. The patient benefits include a faster recovery time, a lower risk of hernia, and less scarring.

As with any surgery, gastric bypass surgery can have immediate and long-term complications and risks. Some of possible risks can include:

  • Bleeding;
  • Complications due to anesthesia and medications;
  • Deep vein thrombosis;
  • Dehiscence (separation of areas that are stitched or stapled together);
  • Infections;
  • Leaks from staple liens;
  • Marginal ulcers;
  • Pulmonary problems;
  • Spleen injuries;
  • Stenosis (narrowing of a passage such as a valve); and/or
  • Death.

Researchers at the University of Washington found that 1 in 50 people die within one month of having gastric bypass surgery, and that figure increases nearly five times if the surgeon is inexperienced.

Knowing how to distinguish between a bad outcome due to negligence and a bad outcome because of an unintended, but known and accepted risk of surgery, can only be determined by a review of the records by an experienced personal injury attorney and a qualified surgeon.

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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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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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.