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Defective Products & Recalls

When can a liability waiver be enforced in New York State?

group spinning class

Liability waivers have become such a routine part of using recreational facilities that we automatically assume that they’re valid. Even if we are injured after using gym equipment or taking a cycling class, we believe that we aren’t entitled to compensation and fail to determine whether that is really the case. This is what the…

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Could this happen to you at Christmas?

christmas lights

The holiday season in New York involves a lot of decorating, cooking, gift exchanges, and overall good cheer. It can also involve some injuries that include falling while setting up the Christmas tree, burns from electrical equipment or candles, stepping on broken ornaments, and slipping on icy walkways leading to your house or apartment building.…

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Can you sue for a candle injury?

cancdle window hat

During the holiday season, candle use surges in New York households. There’s something especially festive about a flickering taper combined with the scent of vanilla, apple cider, gingerbread, and that perennial favorite, evergreen. No wonder stores like Bath and Body Works are filled to capacity throughout December! Unfortunately, candle use has also led to tragedy.…

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Who is liable in a single-vehicle accident?

car crash

Not all car crashes are between two or more vehicles. Many auto accidents involve a single vehicle and driver, which can raise questions of liability. The most common example is run-off-road crashes, which occur when a car leaves the roadway and goes into the ditch or collides with inanimate objects, such as trees, buildings, telephone…

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3 common back to school injuries and how to prevent them

children at playground

We all know how unpredictable and accident-prone kids can be. They join their friends in the playground in the morning and come home covered in scrapes and bruises. When it’s time to go back to school, they’re extra-excited about seeing friends that they haven’t seen over the summer and resuming favorite after-school activities. Enthusiasm can…

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Marked for life: Tattoo parlor injuries

tattoo ink

Tattoos are so popular these days that entire magazines and websites are devoted to them. According to the History of Tattoos website, every year Americans spend $1.65 billion getting themselves inked. 70% of those who get a tattoo go on to get more than one and 20% get more than five. Although tattoos are trendy,…

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Nail salon injuries in New York

manicure in nail salon

In 2015, the New York Times estimated that there are over 17,000 nail salons in New York City. Manicures and pedicures are beauty routines that millions of Americans obtain every week or month, but they can present health risks to their patrons when good business practices are not followed. Among the most common injuries experienced…

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What is foreseeability in personal injury law?

chest x-ray

A lot of elements come into play in personal injury cases. Concepts like causation, negligence, and duty of care all determine whether you are entitled to compensation for your injuries and financial losses. With some personal injury claims, an additional concept applies—foreseeability. Foreseeability refers to the issue of whether a reasonable person would have foreseen…

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Personal injury law throughout history

old books legal history concept

Every year, hundreds (if not thousands) of personal injury claims are filed in courthouses all over New York State. Everywhere we turn, we see billboards, television commercials and online advertisements promoting law firms that promise to protect your rights and pursue your claim if you’re injured in a car accident or harmed by medical malpractice.…

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Turbulence injuries: Who is responsible?

airplane seatbelt sign

On May 6, passengers on a British Airways flight from London to Tampa Bay, Florida, encountered a terrifying ordeal. A severe episode of turbulence caused the flight to drop without warning, causing several people to hit the ceiling. Video taken immediately afterward showed suitcases and other personal items scattered across the cabin while passengers stared…

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New York cottage food industry: Who is liable?

woman cooking

Home-cooked meals are supposed to be good for you, but New York has strict laws for those who want to run a business out of their kitchen. Homemade food can only be sold at food stands, farmer’s markets, and similar outlets, such as flea markets or agricultural fairs: selling online is illegal. “Cottage food industry”…

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Manhole cover accidents in New York

manhole cover

The manhole covers that dot the streets of New York City are supposed to keep pedestrians and road workers safe, but they also cause injury every year. Now that snow and ice are melting to make way for spring, people walking or working around them should take extra precautions. Below is an overview of common…

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Allergy injuries in New York


It’s a snowy day in New York City, so after a round of shopping, you and your friend decide to head to a newly opened cafe in Midtown for coffee and a snack. When you tell the server that you’re allergic to hazelnuts, he recommends a pastry that the menu board advertises as being nut…

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Expert witness testimony in a personal injury case

expert witness at accident trial and lawyer

If you file a personal injury claim after an accident in New York, then the witnesses called to support your case can make a pivotal difference in the outcome. Witnesses to the accident can provide relevant testimony that supports your version of how it happened, who appeared to be at fault and any visible damages…

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How to have a safe Thanksgiving

cooking with fire and pan

Thanksgiving is just around the corner. With our minds on roast turkey, cornbread, pumpkin pie, and a celebratory family dinner, it’s easy to forget that the Thanksgiving weekend is one of the most dangerous ones for motorists. There are also other risks associated with hot cooking appliances, improper food preparation, and more. Here are some…

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Can you sue a gym for an injury after signing a waiver?

injured woman at gym

Gyms are great places to work out, lose excess weight, and in general keep ourselves in better physical shape. Unfortunately, with all of that heavy equipment being used and liquids being spilled constantly from dropped or overflowing water bottles, they are also the site of frequent injuries like: Sprains Pulled muscles Broken bones Brain and…

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Spin classes: a hidden danger?

spin class gym

Personal fitness is a key goal for many New Yorkers these days, which is why stationary cycling classes are so popular. Also known as spinning classes, they are group workouts that strengthen the lower body and burn high amounts of calories. According to medical reports, they may also be increasing your risk of kidney damage. …

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Grill brush injuries in New York

barbecue brush

They’re not intimidating to look at, but personal injury attorneys, the media, and even the New York Times are all warning people about the hidden dangers of barbecue grill brushes. Although we’re already well into September, there appear to be a few potential outdoor grilling opportunities left, so it’s worth taking a closer look at…

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Fireworks and boating safety in New York

boating at night

September is a month of celebration across New York. It starts with the Labor Day weekend, when communities everywhere enjoy barbecues, festivals, and fireworks displays, and continues as tourists and vacationers head out to summer cottages near Lake George, Chautauqua Lake, Skaneateles Lake and other bodies of water for one last “hurrah” before closing for…

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Pokemon GO and video game accidents

boy playing video games outside

Pokémon Go is arguably the most popular mobile video game of all time. This smartphone game app enables players to hunt down and capture their favorite Pokemon character in the real world using the same technology that powers Google Maps. Although it has been hailed as a way of getting game-obsessed teens out of their…

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Injured by a defective air conditioner?

air conditioner

New York City can be hot in the summertime, but not everyone has central air. If you’re on a budget or your home doesn’t support a central air conditioning system, then you will probably be investing in a window air conditioning unit before the dog days of summer start. When you bring a window air…

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Fidget spinners: toy or hazard?

fidget spinner and boy

Fidget spinners—those twirling gadgets that mesmerize us as we watch—were originally designed and marketed as a calming treatment for children with ADHD and autism, but they soon went mainstream and have been so popular 200,000 Instagram users have used the #spinner hashtag and videos featuring spinner tricks have earned millions of page views. Some schools…

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Staying safe during the Memorial Day weekend

amusement park rides

Memorial Day is drawing ever closer, and while most New Yorkers are looking forward to taking a day off from work and spending an enjoyable time with friends and family, the reality is that the holiday weekend is one of the most dangerous times of the year for accidents. DWI accidents are common The U.S.…

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E-bike injuries in New York

bike bicycle

The e-bike phenomenon has been strong in Asia and Europe for a long time, and it’s now catching on here in the United States. Electric bikes, or e-bikes for short, are regular bicycles with built-in electrical systems that consist of a motor, battery, and a means of controlling the resulting power. New Yorkers have a…

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Product liability claims in New York

blown out defective tire

We rely on certain goods and products to get us through life. Examples include food, medicine, household appliances, cars, and personal computers. Unfortunately, these are all items that injure and even kill thousands of people in the U.S. every year. When this happens, the manufacturers and producers must be held liable for the damages. When…

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The “attractive nuisance” doctrine explained

construction site danger

The attractive nuisance doctrine was originally conceived to protect children who may trespass without fully understanding the risks. “Attractive” typically means that children may see the property or object as something to play in or around, such as: Construction sites, with their unfinished buildings, open pits, and trenches. Swimming pools High-voltage lines and towers Abandoned…

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Hunting accidents in New York

hunting rifle

Certain areas of New York State are renowned for their abundant hunting options. In November, hundreds of people armed with shotguns head to designated wooded areas to hunt pheasants, wild turkeys, deer, and other game animals. While enthusiasts insist that hunting is no more dangerous than other outdoor sports, the fact is that every year…

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Common Thanksgiving accidents: What they are and how to watch for them

thanksgiving turkey accidents

Every year, we look forward to Thanksgiving. A juicy turkey dinner shared with friends and family is the ideal way to transition to the December holiday spirit. Unfortunately, this is a time period that’s statistically infamous for the number of injuries and accidents that occur while celebrating. Below are four common Thanksgiving accidents and how…

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IVC filters: Risks and injuries

body illustration for vein injury

Lawsuits over IVC filters are continuing to appear in both state and federal courts all over the country. At present, there are nearly 4,000 filings against C.R. Bard and Cook Medical, which are the two largest IVC filter manufacturers, and smaller manufacturers such as B. Braun, Argon Medical, Cordis Corporation, and Rex Medical are facing…

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Deadly powder? Johnson & Johnson Faces talcum powder lawsuits

A Los Angeles jury recently awarded a landmark $417 million to California resident Eva Echeverria, who alleged that the talc in Johnson & Johnson’s baby powder caused her to develop ovarian cancer. Ms. Echeverria, who had been using the product for feminine hygiene since she was 11, claimed that the company did not take reasonable…

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Mirena IUD lawsuits on the rise

medical devices & injuries

Pharmaceutical giant Bayer is now facing lawsuits from literally thousands of women across the United States. The majority of these plaintiffs are claiming that the intrauterine device (IUD) Mirena has significant and life-threatening side effects that Bayer intentionally declined to make public. Instead of advising doctors of these risks, they allege, the company remained silent…

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Fireworks injuries in New York

firework sparklers

Late on the evening of July 4, 2015, New York Giants defensive end Jason Pierre-Paul was enjoying a holiday party in his Florida hometown. He had purchased $1,100 worth of fireworks to give the entire neighborhood a spectacular show, but when he retrieved one from the parked U-haul where they were being stored and lit…

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Takata files for bankruptcy

accident with airbag deployment

The Japanese company behind one of the worst automobile safety scandals has filed for bankruptcy. Airbags have been instrumental in minimizing the injuries of automobile drivers and passengers, but once the danger presented by Takata airbags became known, the National Highway Traffic Safety Administration (NHTSA), the federal agency responsible for automotive safety in the United…

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Accidents and injuries at the swimming pool

pool jump

The weather is warming up, which means that Hamilton Fish Park, the John Jay Public Swimming Pool, Red Hook Swimming Pool, and other public swimming outlets in New York are going to be filled with people of all ages. All of them go to cool off and enjoy themselves, never suspecting that they could be…

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Public beach injuries in New York


Summer is here, which means that beach season is also upon us. A trip to Coney Island, Manhattan Beach, Fire Island Beach or Rockaway Beach is an enjoyable way to beat the city heat and catch up on our sun tanning or the latest novel. While most days by the seaside result in nothing worse…

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Public park injuries in New York

As spring develops into summer, public parks become increasingly popular with New York families. We head out to Central Park to walk along the winding trails and streams or enjoy some sun tanning at Sheep’s Meadow. On weekends we grab the kids and go to Brooklyn Bridge Park to watch the outdoor movies and take…

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Asbestos exposure injuries in New York

asbestos roof

Although there are low levels of asbestos in our food, water, and even the air we breathe, it is seldom in sufficient quantities to make us ill. Certain types of blue collar workers, however are often exposed to asbestos in the course of their daily work. They include: Construction: General construction employees use asbestos-based products…

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Can part-time employees receive workers’ compensation in New York?

Worker’s compensation plays an indispensable role in the nation’s employment system. It ensures that if you are injured while carrying out employment-related duties, your medical costs are covered. Many people, however, wonder if this protection is also extended to part-time employees. The answer is, yes. New York is not an elective state when it comes…

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Takata airbag injuries

Takata Corporation has supplied airbag inflators to several different automobile manufacturers since 2001. These airbags have since been declared defective because they contain solid propellants without a drying agent that can absorb moisture and prevent product degradation. When inflated in older cars or moist/high-humidity environments, they can rupture and spray metal shards into vehicle occupants,…

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E-cigarette injuries in New York

E-cigarettes, also known as vapes or e-cigs, are devices that use lithium ion batteries to turn liquid nicotine solutions into a vapor that you inhale. They consist of a mouthpiece, a tank / cartridge, microprocessor, atomizer, and a battery. There is a heating element in the atomizer that vaporizes the fluid in the tank /…

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New York fitness club and gym injuries

gym sports injuries

We go to the gym to get fit. Unfortunately, we also occasionally get hurt. Gym and fitness club injuries can happen in a variety of contexts. The staff could give you improper instructions or fail to properly spot you during a weightlifting session. A piece of equipment could malfunction, with serious results. Yet people often…

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Botulism food poisoning in New York City

bacteria personal injury

Botulism is a serious and potentially life-threatening type of food poisoning. It is caused by eating foods that have been contaminated by a neurotoxin derived from the Clostridium botulinum bacterium. Incident levels are comparatively low, with fewer than 30 cases of food-based botulism occurring in the U.S. each year, but the mortality risk is considerable…

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Limousine accidents in New York

During the holiday season, the demand for limousine services always skyrocket. These luxurious vehicles, stocked with treats, champagne, and built-in entertainment systems, take passengers to and from airports, hotels, and party venues. Many would argue that no holiday bash is complete without a ride in a sleek and graceful stretch limo. When passengers, drivers and…

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Snowplow accidents in New York City


Harsh, snow-loaded winters tend to be the norm in New York State. That is why people using the public roads and highways rely on snowplows to clear these thoroughfares and make them safe to use. It’s not an easy job, but snowplow operators have a moral and legal obligation to carry out their duties without…

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Amusement park injuries in New York

dangerous roller coaster

We go to amusement parks to spend an enjoyable day with family and friends. The majority of these venues are generally safe and leave scores of visitors with happy memories. However, accidents can, and do happen, and when they do, the outcome can be devastating because the typical ride involves sudden turns, extreme spinning, fast…

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Railroad crossing injuries in New York

The United States has an estimated 209,000 railway crossings spread across over 600 railroads. Although train travel is not as common in this era, the nation’s railroads remain fairly active with commercial freight and, like any transport medium, experience their share of collisions and related accidents. Railroad crossing accidents are typically catastrophic events. A review…

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Defective Drug Litigation in New York

Although pharmaceutical companies are required to thoroughly test all prescription drugs before FDA approval can be granted, certain corporations seek to improve their bottom line by marketing their drugs before all testing is properly completed. In some instances, these companies know about the potential for adverse side effects but take their chances anyway. It’s an…

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New York police officer line of duty injuries

Officers with the NYPD have dangerous jobs. During every minute they spend protecting the property and citizenry of New York, they face death or personal injury due to: Motor vehicle accidents during high-speed chases or even on patrol Confrontations with armed suspects Defective police equipment Dangerous station house premises (e.g. wet locker room floors, obstructions…

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Liability for defective products

dangerous chemical products

New York law mandates that product manufacturers and sellers take all reasonable steps to ensure that their products are not defective or dangerous to consumers. If any aspect of the item is unsafe or hazardous to use, then a proper warning must be provided. As the number of product liability lawsuits suggest, manufacturers and sellers…

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Who can I hold liable for a catastrophic injury in New York?

If you have been seriously hurt in a personal injury accident in New York, then there may be multiple parties who can be held liable. To determine whether one or more individuals is liable for the accident, you need to communicate with your New York personal injury attorney as soon as possible. In certain complex…

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What Is negligence and why does it matter for my personal injury case?

negligent driving

In order to have a viable personal injury claim in which you are fighting for compensation, you must be able to demonstrate that the injuries you sustained were associated with another individual’s negligence. When you can demonstrate that the injuries you sustained were tied to another’s reckless actions, you open up the possibility of recovering…

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Three key steps to take post-car accident

There is no doubt that it is an unfamiliar and scary experience to go through a car accident. Even if you are generally an organized person, it is normal to feel like things are chaotic and hectic post-accident. One of the most critical things you can do in this dizzying time is to consult with…

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Tips for avoiding fire accidents during the holidays

injured by negligence

According to the U.S. Fire Administration, December is the deadliest period for fires at home. Given the combination of additional appliances for keeping warm, shorter hours of daylight and holiday decorations you should always be careful when using any kind of appliance or other item that could be flammable or otherwise dangerous. Preventing accidents during…

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What to do if you are in an accident where a bridge collapses

bridge accident lawyer

Unfortunately, infrastructure problems are being discussed a fair amount in the news, especially with the collapse of the now-famous I35 bridge in Minneapolis. While that bridge collapsed as a result of construction overload, there are many other problems that could contribute to a bridge accident. If you have been involved in a car accident because…

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Staying safe getting to and at the stadium: tips for football season

Since 2003, more than two dozen falls have happened at football stadiums around the country. Sprains, broken bones, and fractures are some of the most common outcomes of these accidents. Injuries can also happen in the parking lot or in your vehicle getting to and from the stadium. To fully enjoy the game, keep safety…

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Escalators and elevators: accidents put passengers at risk

building accidents

Elevators and escalators certainly make life much more convenient, but it is a mistake to overlook the risks they pose to passengers. When used properly, these forms of transportation can provide a safe alternative to walking or climbing stairs, but misuse or poor manufacturing or improper design or maintenance could cause critical injuries. Three of…

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What is the difference between a product defect and a product recall?

product recall notice

Unfortunately, many individuals in New York and around the country are injured by defective or dangerous products every single day. These individuals have no reason to suspect the product is unsafe, and they learn only too late after they have sustained serious injuries. If you have been following the news about the numerous auto manufacturer…

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Federal agency missed clues in GM ignition recall

product defect lawyer automobile

This has been a terrible year for car manufacturers, a slew of which have made national headlines as a result of dangerous and defective products. GM has been one of those manufacturers, accused of manufacturing products that have been connected to more than 100 deaths. After more than one year of looking into the specific…

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Jayson Lutzky on TV Discussing Product Liability: Watch Now

Attorney Jayson Lutzky discussed product liability with David Lesch, host of Today’s Verdict on BRONXNET. BRONXNET is on channels 67-70 and 33-36 on Verizon FiOS. Today’s Verdict airs live at 6:30pm on the first and third Tuesday of the month. This episode was aired on January 13, 2015. You can watch the full episode on…

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General Motors faces another lawsuit over their handling of recalls

defective car recall

General Motors has come under fire for its handling of recalls of dangerous and defective cars and their components. Perhaps the best-known recall to the public dealt with a faulty ignition switch that could cause a car to turn off and cause emergency mechanisms to become unavailable in a crash. This defect caused many injuries…

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Defective airbag propellant brought into the light

defective airbags in accident law

There have been numerous auto recalls in recent months. Perhaps the GM ignition switch defect has been the most famous, or infamous, of these. Now, Takata, an airbag manufacturer is in the spotlight. In 1998, the company switched its propellant to tetrazole. Propellants are designed to inflate the airbag rapidly upon impact. As it turned…

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When a dangerous road is not a defective road

highway crash lawyer

In 2005, a dump truck’s breaks failed while it was going down a very steep portion of a highway in Connecticut. The truck hit several cars according to the Connecticut Law Tribune in an August 18, 2014 article. Thirty people were affected by the accident, and half of them were hospitalized and four were killed.…

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A case of dangerous highway guardrails

highway accidents

Highway guardrails are supposed to keep us safe, right? A June 19, 2014 Bloomberg Businessweek article relates the story of a lawsuit that may prove that the end terminals of guardrails are, in fact, dangerous. One man, Joshua Harman’s company, went through a bankruptcy, laying off most of its workers after Trinity Highway Products sued…

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Six Flags is being sued for wrongful death on a ride

defective product accident

Amusement parks are not always amusing and can sometimes even prove deadly. One woman riding a roller coaster in 2013 at the Arlington, Texas Six Flags amusement park was ejected 75 feet from the ride to her death according to a July 12, 2014 Star-Telegram article. The family of the deceased has filed a lawsuit…

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Construction equipment company did not provide sufficient information about asbestos use to get case dismissed

asbestos workplace injury

One man who has passed away and his son worked in construction using Goodyear products. The decedent’s wife sought to obtain compensation for damages and “personal injuries” to her husband and son caused by working with these materials as she claimed they contained asbestos according to the New York Law Journal. Asbestos is a flame-retardant…

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Victim compensation fund set up by GM

wrongful death calculations

General Motors has set up a fund to compensate victims of accidents caused by a faulty ignition switch in certain recalled cars. The company announced that this fund does not have a cap according to a June 30, 2014 USA Today article. That is, there is no monetary limit on what GM will pay out.…

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Huge amount of peanut butter discarded

Recently, a large amount of peanut butter was discarded at a New Mexico dump as reported by the AP in a March 28, 2014 article. This was done so that the plant that manufactured the peanut butter, Sunland Inc., could be sold faster. This peanut butter manufacturing facility is well known because it “was at…

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Tort reform law is invalid

To learn more the basics about torts, read this recent blog: What is a “tort?” Tort reform is when there changes in the current tort laws and the changes are aimed at reducing the number of cases that are brought for tort claims or damages.  Moreover, tort reform laws vary by state.  About three years…

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What is a “tort?”

injuries and torts

Many people are unaware of what the term tort entails. A tort is an injury or harm that one sustains and it can either be private or civil as reported by the Western Producer in an April 17, 2014 article.  Moreover, the injury can be unintentional, meaning that it was caused by an accident, or…

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General Motors might be liable for a car accident

car accident involves airbag

General Motors recently recalled the Cobalt automobile, which might have caused numerous accidents due to a faulty ignition switch. While some of the accidents may be minor and some may be life threatening and the injured parties are looking to recover for the harm they sustained due to the defect. Recently two people who were…

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Was GM’s bankruptcy tied to the recent defect revealed?

car defect injury

General Motors (GM), a car company, recently discovered a flaw with its ignition switch and it was forced to withdraw about over one million vehicles from the market, as reported by Reuters in a March 22, 2014 article. As a result, the government is trying to determine whether it concealed the “ignition switch defect when…

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Defective equipment increases employer’s liability

workplace injuries

An employer was injured while he was at work due to a “defective saw” as reported by the New York Law Journal in a March 23, 2013 news article. The employee received compensation from the company’s insurance thus he did not sue the employer and the Statute of Limitations on when the claim could be…

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Bed rail deaths prompts awareness and policy review

accident Lawyer

Many bed rails designed to prevent elderly from rolling out of bed and falling are dangerous. They have resulted in dozens of deaths each year and about 36,000 injuries over the past decade. The problem with bed rails is that it is possible for someone to fall between the mattress and the rail and sustain…

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