2008 November | Legal News You Can Use

What Will Happen to the Roof Crush Standard in the Final Hours?

On November 25, 2008, In Product Safety, By admin

One of the regulations that the American Associaion for Justice (AAJ) is watching carefully during these final hours of the Bush Administration is the federal roof crush safety standard.

A roof crush standard has been pending for three years and has not been strengthened since 1973, before SUVs were a popular transportation option. Each year 10,000 people are killed and roughly 24,000 are injured in vehicle rollover crashes. The NHTSA estimates their proposed standard would save between 13 and 44 lives per year, an increase less of than one percent of the 10,000 deaths associated with vehicle rollovers.

Although the agency had proposed a standard the AAJ does not feel it is acceptable. The proposed standard increased the ability of a roof to withstand a force equal to 2.5 times the unloaded vehicle’s weight. But this standard would still result in killing or paralyzing most passengers in rollover accidents. The proposed final rule also included language (PREEMPTION) that would have given auto manufacturers complete immunity from all lawsuits, leaving them little incentive to make automobiles safer.

To see a copy of the report AAJ released on federal regulations with preemption language included in the proposed or final rule, see http://www.justice.org/Preemption_Rpt.pdf.

21 Reasons the American Trial Lawyers are on Your Side

On November 24, 2008, In Product Safety, By admin

As President Bush gets ready to leave office, the American Association for Justice (AAJ) will be montering 21 possible regulations that could prove devastating to consumers’ safety and their right to hold corporations accountable for producing dangerous products. Regulations to have 60 days to go into effect before President Bush leaves office and that deadline is quickly approaching.

“In their final days, we hope the Bush administration will keep in mind the safety of consumers over the corporate profits they have sought to protect time and time again,” said AAJ President Les Weisbrod.

The list which includes safety standards for over-the-counter drugs, sunscreens, automobile safety standards, and crashworthiness of railroad cars transporting hazardous materials mostly contains the “preemption” language that could prohibit using the civil justice system as a means to hold manufacturers responsible for unsafe products.

The pending regulations AAJ has been following include six from the Food and Drug Administration, nine from the National Highway Traffic Safety Administration (NHTSA), three from the Federal Railroad Administration (FRA), a regulation from the Department of Homeland Security (DHS), and a regulation from the Transportation Security Administration (TSA).
To read the complete list

Tagged with: defective products • Pharmaceutical News • Product Safety

Change Is On The Way

On November 21, 2008, In Uncategorized, By admin

Get to know our new nominee, Timothy Geithner, for Treasury. Read about his ideas in his own words.

Spinal Cord Injuries- Who is at Fault?

On November 20, 2008, In Product Safety, Trucking Accidents, By admin

While we are working hard to protect people from the negligence of others, there are simple safety steps can that can reduce your risk for spinal cord injury:

Always wear a seatbelt. Children under age 12 should ride in the back seat and be restrained in an age-appropriate car seat.

Always wear a helmet when engaging in risky activities such as biking or skating.

Never dive head-first into unfamiliar lakes, pools or other bodies of water.

Minimize the risk of falls for the elderly by installing non-slip mats and hand rails in bathrooms and showers and wearing non-slip shoes.

Avoid reaching for objects above your head without a sturdy step stool or ladder.

Never drive or engage in risky activities while under the influence of drugs or alcohol.

If the injury is caused or contributed to by the negligence of others, we can help http://www.seelielaw.com .

Tagged with: Auto Accidents • premise liability • spinal cord injuries • spinal cord injury

Pain Pump Catheters Linked to Shoulder Deterioration

On November 16, 2008, In Product Safety, Uncategorized, By admin

Intra-articular pain pump catheters devices that are temporarily implanted in the shoulder during surgery and have been linked to a serious injury know as Postarthroscopic Glenohumeral Chondrolysis (PAGCL). This is an extremely painful condition involving the deterioration of cartilage in the shoulder joint. Symptoms of PAGCL include very limited mobility, weakness in the affected shoulder and arm and pain in the shoulder. Popping, clicking and grinding in the shoulder are also symptoms of PAGCL.

For years, surgeons have used the intra-articular pain pump for managing pain. Because these flexible plastic catheters deliver pain medication directly to the joint, and they can extend the effectiveness of other shoulder numbing agents for up to 48 hours.

However,a study published in the American Journal of Sports Medicine concluded that these pumps were associated with PAGCL. This association was greatest when the intra-articular pain pumps were used to deliver a combination of the painkillers bupivacaine and epinephrine directly into the shoulder joint space.

In spite of this knowledge, the manufacturers of these pumps have persisted in recommending that physicians deploy the pumps to inject medicine directly into the joint space.

Tagged with: pain pump • Pharmaceutical News • Product Safety

Dangerous Foreign Products

On November 15, 2008, In Product Safety, By admin

The American Association of Justice (AAJ) whose mission is to is to promote a fair and effective justice system, in partnership with American University’s Washington College of Law, has issued a report on dangerous foreign products.

AAJ argues that foreign producers are protected by the complex web of laws, policies, and practices. This means that when someone is injured or killed while using a product not manufactured here in the United States (think of where things are coming from these days)it is difficult if not impossible to sue these foreign manufacturers in domestic courts.

These manufacturers can often set their prices lower because they are not subject to the equal prospect of restitution U.S. manufacturers face if a consumer is injured by their product.

To see the actual reports, see http://www.justice.org/Unavailable_and_Unaccountable.pdf

Tagged with: Product Safety

Use Caution Buying Used Toys this Holiday

On November 14, 2008, In Product Safety, By admin

With the economy the way it is, the LA Times reminds parents before buying used toys to check out their safety. This can be done at the CPSC.
The top five toy hazards, according to the CPSC…

Scooters and other riding toys: Riding toys, skateboards and in-line skates go fast and falls could be deadly. Helmets and safety gear should be worn at all times and be sized to fit.

Small balls and other toys with small parts: For children younger than 3, avoid toys with small parts, which can cause choking.

Balloons: Children younger than 8 can choke or suffocate on uninflated or broken balloons. Keep uninflated balloons away from children. Discard broken balloons immediately.

Magnets: For children younger than 6, avoid building toys or playsets with small magnets. If magnets or pieces with magnets are swallowed, serious injuries and death can occur.

Chargers and adapters: Charging batteries should be supervised by adults. Chargers and adapters can get hot enough to burn children.

And, as always, be careful about buying products that contain lead paint.

Slip and Fall in Florida

On November 13, 2008, In Uncategorized, By admin

Though it may sound obvious, a slip or fall can be dangerous. Most attorneys in Florida do not take slip and fall cases without taking a long hard look at them. The law of slip and fall injuries encompasses a number of layers to prove fault.

Determining the fault can often be very complicated and confusing. Moreover, it needs a thorough study of the facts to determine whether the conditions were actually dangerous and that the property owner was aware of the hazard. I want to make sure that the hazard is NOT open and obvious. In such situations, you may need to be represented by an efficient slip and fall attorney.

It is the duty of the slip and fall attorneys to explain the injured client about the responsibility of both the property owner and the injured person. It is the duty of the property owner to keep the property safe, but the invited guest also needs to watch out where they are going.

Generally, the report of a slip and fall accident is completed at the time of the incident. It includes a brief description of the incidents, the conditioned that caused the accidents as well as the name and statement of the witnesses. Other relevant information are also included.

In case the report was not prepared at the time of occurrence, or in case it occurred in a private place or was not witnessed by others, it is the responsibility of the slip and fall attorney to ask the victim to compile the report. It is better if you can provide photographs of the area.

Tagged with: premise liability • slip and fall • stumble and fall • trip and fall

MP3 Players and Cellphones can cause hearing loss

On November 12, 2008, In Product Safety, By admin

A recent study conducted in the European Union shows that teenagers are at risk of hearing loss from listening to their MP3 players too loudly for more than five hours a week. The report said that those who listened for only five hours a week at high-volume settings exposed themselves to more noise than permitted in the noisiest factory or workplace.

The study targeted “leisure noise”, including noisy cell phones and MP3 players, as a source of stress for the ears. The report says that listening to music over 89 decibels for just five hours a week exceeds the work-place limits, and more than that can cause permanent hearing loss after 5 years. The scientists calculated that the number of people who fall in that category of permanent hearing loss is about 10% of listeners, or 10 million in the EU. Scientists speculate that an increase in listening volume levels is dues to advanced technology which allows us to play our music at louder volumes without any distortion.

Researchers at Northwestern University advocate the “60/60 rule,” which means MP3 players should be used at no more than 60 percent of the maximum volume and for no longer than about 60 minutes per day.

There is good reason for concern for your hearing if you regularly use a mobile phone and MP3 player, particularly if you enjoy them at higher volumes.

Tagged with: Product Safety

NHTSA’s Seatbelt Rule Blocks Consumer Rights

On November 11, 2008, In Product Safety, By admin

The National Highway Traffic Safety Administration is the nation’s agency for monitoring motor vehicle and highway safety. NHTSA is responsible for recalling defective products in the automobile industry, but lately decision making seems to favor the manufacturers and not the consumers.

The NHTSA is at it again with another proposal that seeks to protect Auto manufacturers from being held responsible for their products. On October 8th, the NHTSA released a final rule on seatbelt safety and designated seating positions. The language used by the NHTSA essentially prohibits consumers involved in automobile accidents from legally claiming they were unable to wear a seatbelt due to lack of a sufficient number of seatbelts or their placement in the vehicle.

The President of the American Association for Justice, Les Weisbrod states that “NHTSA has taken every opportunity to eliminate citizens’ basic right to hold vehicle manufacturers accountable when they have made a defective product,” and that “We have seen this time and again from NHTSA; they put manufacturer costs and profits ahead of consumer protections. This time, NHTSA’s seatbelt rule straps consumers of their basic civil right—the right to a justice system.”

Tagged with: auto accidents • Auto Accidents • NHTSA

Legal News You Can Use

Michael E. Seelie, PA