Mobile Personal Injury Lawyer - Defective & Dangerous Products - Most Commented

There Is Trouble In Your Gasoline Can

Pete Mackey — Sun, 07 Jun 2009 18:43:11 GMT

That gasoline can in your garage sure looks safe. You bought it from a big box store - they would not sell it unless it is safe, right? Wrong. In fact, there is a key safety component that most manufacturers fail to install and which can lead to drastic consequences. That component is a flame arrester - a small piece of wire mesh that is installed in the spout. It allows the gasoline to flow out, but blocks gas vapors in. What does this mean in the real world?

Say you are burning trash in a 55 gallon drum. After the trash has burned for a while, the fire goes out, or so you think. You pour some gas on the unburnt trash so that you can relight the fire. Several lawsuits filed around the country allege that severe burns have benn suffered in these situations - caused by the flame in the can mixing with the gas vapors in the gas can spout, causing an explosion. But it does not only happen when the can is emptied on an open flame. Ask Landon Beadore, who age 3 knocked over a gas can in his garage, leading to an explosion that left scarring over half his body. The can he knocked over lacked a flame arrester - a safety device that would have cost the manufacturer less than a dollar to make and install.

Check the gas can in your garage today. See if there is a flame arrester in the spout. If there's not - replace it with one that is so equipped. The manufacturer says that these explosions are only caused by misuse. Landon and his parents disagree. Why gamble?

Originally posted at InjuryBoard by Pete Mackey

Burn Safely This Fall

Pete Mackey — Mon, 09 Nov 2009 11:17:04 GMT

Fire is an alluring medium. Kids love it - so do adults. Watching kindling slowly take flame is like watching magic. The Fall means leaf and trash burning in back yards all across the country.

While everyone knows to watch kids around fire, there's a hidden danger that many folks are unaware of - chances are the gas can in your garage does not have a flame arrester installed in the spout. A flame arrester is a small ball or pane of wire mesh material that fits in the spout of the gas can. It lets the fuel flow out, but lowers the temperature below the flash point for the vapors in the can, which prevents explosions.. These arresters cost less than a dollar to install.

Still, you ask, why would anyone put themselves in that situation in the first place? Well, consider the following scenario and see if it rings any bells. You have been working around the yard all day. The weather is crisp and cool and dusk approaches. You had been burning leaves and tree limbs, but the fire went out an hour ago. Your son wants to start a fire and the idea of the warmth it will provide sounds good to you. So you decide to pour some gas on the pile, not realizing that there are still some smoldering embers ... That is the recipe for an explosion.

A few tips to remember:

- When you buy a gas can, buy one with an installed flame arrester.
- Never use gasoline as an accellerant. There are many safer alternatives.
- Make sure that your burn area is clear (overhead, as well) of flammable debris.
- Use an enclosed space (like a 55 gallon drum) instead of a pile. Cover the top of the space with a heavy mesh cover to keep sparks in.
- Don't burn on windy days.
- Keep the water hose handy.
- Never burn aerosol cans.
- If children have access to the burn area (and they probably will), make sure that they understand the danger present and then assume that they will not follow your instructions.

Originally posted at InjuryBoard by Pete Mackey

Your Dryer - Is There A Fire Inside?

Pete Mackey — Sat, 29 Aug 2009 18:10:03 GMT

I ran into a friend in court a few weeks ago who looked distressed. As we spoke, the cause of that distress spilled out - a fire had just about destroyed a weekend getaway he owns nearby. The cause - his dryer vent hose became obstructed with lint and overheated. Only an alert neighbor saved a total loss.

What really took me back was what his insurance agent told him when he reported the loss - his agency gets about one claim a month for a fire caused by an obstructed dryer vent. If you need any proof, check it out. There are steps that you can take to make sure that you and your family don't become victims:

Clean the lint screen/filter before or after drying each load of clothes. If clothing is still damp at the end of a typical drying cycle or drying requires longer times than normal, this may be a sign that the lint screen or the exhaust duct is blocked.

Clean the dryer vent and exhaust duct periodically. Check the outside dryer vent while the dryer is operating to make sure exhaust air is escaping. If it is not, the vent or the exhaust duct may be blocked. To remove a blockage in the exhaust path, it may be necessary to disconnect the exhaust duct from the dryer. Remember to reconnect the ducting to the dryer and outside vent before using the dryer again.

Clean behind the dryer, where lint can build up. Have a qualified service person clean the interior of the dryer chassis periodically to minimize the amount of lint accumulation. Keep the area around the dryer clean and free of clutter.

Replace plastic or foil, accordion-type ducting material with rigid or corrugated semi-rigid metal duct. Most manufacturers specify the use of a rigid or corrugated semi-rigid metal duct, which provides maximum airflow. The flexible plastic or foil type duct can more easily trap lint and is more susceptible to kinks or crushing, which can greatly reduce the airflow

Take special care when drying clothes that have been soiled with volatile chemicals such as gasoline, cooking oils, cleaning agents, or finishing oils and stains. If possible, wash the clothing more than once to minimize the amount of volatile chemicals on the clothes and, preferably, hang the clothes to dry. If using a dryer, use the lowest heat setting and a drying cycle that has a cool-down period at the end of the cycle. To prevent clothes from igniting after drying, do not leave the dried clothes in the dryer or piled in a laundry basket.

Originally posted at InjuryBoard by Pete Mackey

Fireworks and Safety

Billy Cunningham — Sat, 20 Jun 2009 15:50:20 GMT

The 4^th of July is just around the corner and fireworks have become a regular part of its celebration. The American Pyrotechnics Association reports that revenue from the sale of fireworks for 2008 was $940,000,000- the highest ever. That is a lot of fireworks. The association also reports that injuries from the use of fireworks have decreased from 38.3 injuries per 100,000 pounds of fireworks in 1976 to 3.7 injuries in 2008. Considering that 265.5 million pounds of fireworks were sold in 2008- that still equals 9,800 injuries. Some of those were deaths.

The National Council on Fireworks Safety recommends that you only buy consumer fireworks from a licensed store or stand. Consumer fireworks regulated by the Consumer Product Safety Commission are packaged in bright colors and have safety warnings on the packaging. The packaging sets forth the country of origin, which is normally China. Typical consumer fireworks include fountains, cones, sparklers, fire crackers, bottle rockets, roman candles, ground spinners and multi-shot products.

The National Council warns against buying fireworks from an individual’s house, or out of someone’s car. These fireworks are likely to be illegal explosives that can seriously injure you. You will often find these to be unpackaged and are wrapped with plain brown paper without any safety warnings, or place of manufacture. These may be hand made in illicit factories and other unsafe environments. They use such names as M80, Quarter Stick or Cherry Bomb. If someone approaches you to sell one of these illegal explosives, politely decline and then call your local police department.

The National Council has a new safety poster aimed at helping consumers

distinguish between legal consumer fireworks and illegal explosives. You should

look for these posters at participating consumer firework retailers.

Here are some safety tips:

• Only use fireworks outdoors.

• Obey all local laws regarding the use of fireworks.

• Never give fireworks to young children and always wear safety glasses.

• Always have a bucket of water, or water hose, nearby.

• Alcohol and fireworks do not mix!

“Many times consumers don’t prepare for the evening’s fireworks display” says

Ralph Apel, President of the National Council on Fireworks Safety. “The

designated shooter should prepare a shooting area, assess how many people will be

watching the display and lay out a spectator area that is far enough away from the

shooting site. The shooter should carefully read the label of each firework and

understand exactly what it will do. Preplanning makes for a safe and fun backyard

fireworks display.”

Another concern are sparklers which account for approximately 16% of consumer injuries from fireworks. The National Council on Fireworks Safety offers these safety steps for sparklers:

• Sparkles should ALWAYS be used under close adult supervision.

• Always remain standing while using sparklers.

• Never hold a child in your arms while using sparklers.

• Never hold, or light, more than one sparkler at a time.

• Sparklers and bare feet can be a painful combination. Always wear closed-toe

shoes when using sparklers.

• Sparkler wire and stick remain hot long after the flame has gone out. Be sure to

drop the spent sparklers directly in a bucket of water.

• Never hand a lighted sparkler to another person. Give them the unlit sparkler

and then light it.

• Always stand at least 6 feet from another person while using sparklers.

• Never throw sparklers.

• Show children how to hold sparklers away from their body and at arm’s length.

• Teach children not to wave sparklers, especially wooden stick sparklers, or run

while holding sparklers.

How old should a child be before it is allowed to use sparklers. Some writers say 12. I have also read where some say 5. Parents need to really think before giving a child sparklers.

For more details on firework safety you can visit this website www.fireworksafety.com

Originally posted at InjuryBoard by Billy Cunningham

Fire Alarms

Pete Burns — Tue, 06 Jan 2009 14:06:21 GMT

Deaths from fires and burns are the fifth most common cause of unintentional injury and deaths in the United States (CDC 2005) and the third leading cause of fatal home injury (Runyan 2004). In nearly 75% of the cases where a fire fatality occurred there was either no fire alarm present or it malfunctioned.

NFPA Standard 101, Life Safety Code, has been adopted by jurisdictions throughout the United States. The Code requires smoke alarms and automatic suppression systems for apartment buildings higher than three stories or with more than 11 units. Responsibility for maintaining these systems is incumbent on the landlord or property owner.

Functioning fire alarms prevent or reduce fatalities. If you do not have a fire alarm you can get one at a hardware store. If you have a fire alarm make sure it works. If you have a fire secure the fire alarm so you or your attorney can determine if it functioned properly.

Originally posted at InjuryBoard by Pete Burns

Pet Doors are a Danger to Small Children

Billy Cunningham — Fri, 27 Nov 2009 11:16:23 GMT

This past week in Mobile a 2 year old girl crawled out through a pet door and nearly drowned in the family swimming pool. Her mother had left her in front of the family TV long enough to go check on laundry. When she returned, her daughter was not there and her 7 year old brother spotted her in the pool. The family pulled her out and called 9-1-1. CPR was performed at the home by the paramedics and she was taken to the hospital. On last report she was in critical condition at the hospital. The only way she could have gotten out to the pool was through a pet door was all the other doors were locked and the alarm system was on.

A website has been created by Carol Ranfone who lost a 2year old son, Matthew, by drowning. She created http://www.petaccessdangers.org/ to provide access for the public to be aware of the problem. Her tragic story was followed by Good Moring America ABC News report on May 12, 2009. It is too bad that the Mobile family did not see that report or know of the website.

More than a hundred children have died or been seriously injured in the last decade after squeezing through tiny pet doors and getting into swimming pools or other dangerous places, new research has found. "What we see is a picture that's emerging which shows that the pet door is a really serious hazard in a home that no one has really had on the radar screen," said Sean Kane, of Safety Research and Strategies. The pet door that the Rafones had contained no warning that young children could get through them. The news report also demonstrated the possibility of children getting through these rather small door. You can view it here. Click here to see the demonstration.

In most states the law requires that if there is a known hazard in the use of a product, the manufacturer is obligated to either ‘engineer’ out the hazard, guard against the hazard (like a guard over a pinch-point) and/or warn against the hazard.

The manufacturer of the door that Matthew went through also makes a pet with a remote device attached to a pet's collar unlocks the door as the pet approaches. The door then locks again after the pet exits. In its marketing materials, the company touts that the electronic lock "will prevent children from leaving the home." I also read reports where some manufacturers supply a plate that go over the opening to prevent the pets access. Those certainly should be employed to keep children from gaining access.

If you have pet door and small children around, please take all safety steps you can to make sure they do not get out through the door undetected.

Originally posted at InjuryBoard by Billy Cunningham

Four-Wheelers Are Not Toys

Pete Mackey — Wed, 09 Sep 2009 12:51:53 GMT

Like many folks in the Mobile area, I went to the beach on Labor Day. On my way home, I saw two young boys coming the other way on a four wheeler in the grass next to the road. This road is a four lane, divided highway with a 50 MPH speed limit. The driver appeared to be no older than 12 or 13 and his passenger was considerably younger. Neither wore a helmet.

As a lawyer who represents claimants in injury cases, my first thought was all of the bad things that this scenario conjured up. As a parent whose children are grown, I wanted to turn around and drive them home. I could not get the thought of them out of my mind. When I got home, I went straight to Google.

Stories like this one popped up repeatedly. An entry on all terrain vehicles in Wikipedia provided some greusome statistics on overall use:

Statistics released by CPSC show that in 2005, there were an estimated 136,700 injuries associated with ATVs treated in US hospital emergency rooms. In 2004, the latest year for which estimates are available, 767 people died in ATV-associated incidents. According to statistics released by CPSC, the risk of injury in 2005 was 171.5 injuries per 10,000 four-wheel ATVs in use. The risk of death in 2004 was 1.1 deaths per 10,000 four-wheelers in use. Focus has shifted to machine size balanced with the usage of ATVs categorized by age ranges and engine displacements—in line with the consent decrees. ATVs are mandated to bear a label from the manufacturer stating that the use of machines greater than 90 cc by riders under the age of 12 is prohibited. This is a 'manufacturer/CPSC recommendation' and not necessarily state law.

The numbers regarding accidents involving children were even grimmer but the industry is more concerned with profits:

According to The New York Times on September 2, 2007, the Consumer Product Safety Commission met in March 2005 to discuss the dangers of ATVs. Data from 2004 showed 44,000 children under 16 injured while riding ATVs, 150 of them fatally. Says the Times, "National associations of pediatricians, consumer advocates and emergency room doctors were urging the commission to ban sales of adult-size ATVs for use by children under 16 because the machines were too big and fast for young drivers to control. But when it came time to consider such a step, a staff member whose name did not appear on the meeting agenda unexpectedly weighed in." That staff member was John Gibson Mullan, "the agency’s director of compliance and a former lawyer for the A.T.V. industry" - the Times bases the claim on a recording of the meeting. Mullan reportedly said that the existing system of warnings and voluntary compliance was working. The agency's hazard statistician, Robin Ingle, was not allowed to present a rebuttal. She told the Times in an interview, "He had hijacked the presentation. He was distorting the numbers in order to benefit industry and defeat the petition. It was almost like he still worked for them, not us." CPSC reports of ATV deaths and injuries show an increase in the raw numbers of deaths and injuries that is statistically significant. The rate of deaths and injuries, which takes into account the fact that the number of ATVs in use has risen over the last ten years, has been shown to have experienced no statistically significant change.

This is not acceptable. We need to do something. If you have a four-wheeler at the house, understand that it may be like a loaded gun around a child. Apread the word - these machines can be killers.

Originally posted at InjuryBoard by Pete Mackey

Potentially Dangerous Remington Rifles

Billy Cunningham — Sat, 25 Jul 2009 12:20:29 GMT

Remington Arms Company, Inc. has had knowledge of unintended discharge for the Model 700 and 710 rifles over the past 30 years. There have been numerous lawsuits against it over a defective design of the trigger mechanism in both the Model 700 and 710 rifles. Interestingly, searching the internet for information on the defect is difficult. I had to go to the third page in a search of “Remington trigger” before I discovered information. From that search I learned of the case involving the death of 9 year of Gus Barber in Montana when his mother pulled the safety off a Remington 700 without touching the trigger and the gun fired striking and killing her son. In addition to the lawsuits, I have learned there are thousands of consumer complaints about the firing mechanism. Despite these complaints, Remington refused to recall its rifles, install a new trigger mechanism or even warn its customers of the potential danger. This refusal was done in the face of its own Safety Subcommittee’s determination that about 20,000 rifles are susceptible to improper firing. Finally, in 2007, Remington replaced the fire control. However, there are still millions of these rifles in the hands of sportsmen and law enforcement agencies with the defective trigger mechanism.

A history of Remington’s knowledge is summarized as follows: In 1995, Remington acknowledged the need to “fix” the fire control and “eliminate” ‘Fire on Safety Release’ malfunction.” In 1997, when Remington started the design of the Model 710, documents reflect Remington’s desire not to include the same trigger mechanism as found in the Model 700. New designs were considered but implementing any new design was held in abeyance in May, 1998 until an economic analysis was approved. That never happened. During all this Remington did not provide warnings to customers.

There have been a number of verdicts against Remington upheld by appellate courts. The largest verdict I could find was in Texas where a jury rendered a verdict in Collins v. Remington after Glenn Collins lost his foot to a Model 700 accidental discharge. The jury found that the fire control was defective and awarded a $15 million in exemplary damages. The total verdict was in excess of $17 million. I have not found any appellate cases in Alabama or Mississippi. Also, a search of the electronic database of cases in Alabama did not reveal any cases involving these rifles.

These rifles are still out there. If you own one, be aware of this potential danger.

Originally posted at InjuryBoard by Billy Cunningham

Confidential Settlements

Pete Burns — Mon, 01 Jun 2009 15:33:19 GMT

Confidential settlements create thorny issues. Lawyers who represent injured people do not like confidentiality agreements. Those agreements help culpable defendants prevent other injured parties from learning how strong their cases really are. However, when the client is offered a fair settlement in exchange for a release and confidentiality agreement many clients are so happy to put the matter behind them that they agree to keep the terms of settlement – and sometimes the underlying facts - secret. Such is the case with Bausch & Lomb’s eye fungus cases. http://www.forbes.com/feeds/ap/2009/05/31/ap6485916.html Thanks to AP’s Ben Dobbin for shedding some light on this litigation.

Originally posted at InjuryBoard by Pete Burns

You had an accident, what to do next Part 3 of 3....

Troy Schwant — Sat, 28 Feb 2009 17:37:33 GMT

In my previous two blogs I gave you simple tips in case you were involved in a motor vehicle accident or in a slip and fall accident, and today we discuss what you should do if you have been injured by a product that appears to be defective.

Now it can be very difficult to make the determination that a product is in fact defective, but the most important thing you can do is keep the product that injured you. So many people get injured by a product and end up throwing the product away. Its an understandable decision but one that basically can eliminate any chance you have of recovery against a manufacturer of this product.

The next thing you should do if injured by a product is to check the internet and see if the product that has injured you has been subject to a recall or if this type of product has caused similiar injuries. Using a search tool as easy as Google could help you identify that other individuals have been injured by this product.

Following these simple steps can give you the opportunity to be compensated for your injury.

Originally posted at InjuryBoard by Troy Schwant