Product Liability Law Blog

Despite the massive product recalls in the past few years due to high levels of lead in certain consumer products, as well as the fact that the toxic ingredient has been banned from household paint for over 30 years, lead poisoning continues to be a health hazard—especially for young children. Lead is more dangerous for young kids, who absorb lead more easily into their bodies. Because their brains are more sensitive to lead than the adult brain, young children are more at risk of sustaining some of the serious injuries that can result from lead poisoning.

Just last week, a Mississippi family was awarded $7 million on behalf of a teenager that continues to experience developmental difficulties following exposure to toxic lead-based paint. Trellvion Gaines's family claims that he inhaled lead paint dust and chips while staying at his grandmother's home.

The residence was painted in the early 1970's using Sherwin-Williams paint. After the lead paint was banned, Gaines's family claims that they followed the directions provided by the paint maker to remove the old paint and replace it with safer paint. They contend, however, that the toxic paint chips and dust was created when they sanded and scraped the old paint (per the paint manufacturer's directions).

Gaines, who is in his late teens, now has learning disabilities and his reading abilities are equivialent to that of a second grader. Ingesting paint has been known to increase lead blood levels and cause lead poisoning, which has been linked to cognitive and developmental problems in kids, as well as other catastrophic complications, such as traumatic brain injuries, injuries to the nervous system, mental retardation, growth retardation, coma, and death.

Also this month, another family agreed to settle their New York lead poisoning lawsuit for $1.6 million. The Utica family claimed that four siblings were injured after they were exposed to lead paint chips in two different homes.

Rankeem Gilmore, 17, Tashawn Gilmore, 18, Delqwon Gilmore, 20, and Shaquanda Gilmore, 21, will divide the settlement that two landlords will pay them. Although lead paint can no longer be used to paint homes and other buildings, the toxic paint is still be found in many older homes in the US.

Products Liability Lawsuits
Product manufacturers are supposed to make sure that their toys, paint, and other products do not contain levels of lead that are dangerous enough to cause serious injury to people. Unfortunately, this is not always the case.

Examples of products that may contain toxic levels of lead:

• Paint
• Drinking water
• Painted furniture
• Painted toys

Utica family awarded more than $1 million for lead exposure, UticaOD.com, June 13, 2009

Mississippi jury rules against Sherwin-Williams in lead paint contamination lawsuit, Newsday, June 30, 2009

Related Web Resources:
Lead Poisoning, Mayo Clinic

Toys and Lead, CDC

Consumer Products Safety Commission

Investigators are inspecting all of the signaling circuits in the Metro system following Monday's devastating DC train crash that injured 80 people and killed 9. The 740-foot-long circuit is a key part of the automated control system for the Metro trains, and yesterday, "anomalies" were discovered when the circuit malfunctioned while undergoing tested.

Metro's train protection system consists of these circuits, which are located on the track. Whenever a train crosses a circuit, the signals are supposed to be transmitted to following trains. The signals, if working correctly, should automatically adjust a train's speed so it doesn't hit the train that is ahead of it. In the event that a train enters the two-block buffer zone, the computers are supposed to activate the train's brakes. The train that crashed into a second train during rush hour on Monday was run by computers.

The National Transportation Safety Board's Debbie Hersman says that the NTSB is concerned that the train that smashed into the second train was a 1000-series train—the oldest in the Metro fleet. A few years ago, the NTSB recommended that these trains be replaced because of questions as to whether they could safely withstand a train crash.

These cars have been known to fold into themselves during train accidents. The lead car belonging to the striking train that caused Monday's devastating collision was compressed by 2/3rds.

Already, the first personal injury lawsuit from this week's DC train collision has been filed. The parents of 15-year-old Davonne Flanagan are accusing the District of "negligent maintenance" and "negligent operation." Davonne, who was in the first car of the striking train, fractured his leg. His parents are seeking $950,000.

Train Defects
Train crashes often result in serious injuries and deaths for passengers—especially during rush hour when trains are packed with people. While human error, such as poor maintenance or negligence on the train operator's part, have been known to cause many catastrophic train crashes, there are train collisions that occur because part of the train malfunctioned, the brakes were fault, the railroad track had a defect, or a signal failed to work correctly.

Metro Reviewing All Train Signaling Circuits in Wake of Accident, Washington Post, June 25, 2009

Suit against Metro alleges negligence, WTOP, June 25, 2009

Washington Metro crash probe eyes speed circuits, AFP, June 25, 2009

NTSB: Train in crash was recommended for phaseout, AP/Yahoo, June 23, 2009

Related Web Resources:
Washington Metropolitan Area Transit Authority

National Transportation Safety Board

Continue reading "DC Train Crash: Did Aging, Poorly Designed Cars, Circuit Anomalies, or Other Possible Defects Cause the Deadliest Crash in Metro History?" »

Because of air pollution and other environmental concerns, most Colorado municipalities refuse to allow wood burning fireplaces for new home construction. Thus, if you want a fireplace with your new home, it will probably be a gas flame fireplace.

In the early years of these gas fireplaces, access to the flames was protected by some sort of metal screen. More recently, these fireplaces have been enclosed by glass doors. Fireplaces with glass doors are becoming a source of serious burn injuries to infants and small children.

In a recently published study by Desiree Jimenez and Angela Montgomery of The Children's Hospital in Denver, the authors reported 82 children with moderate to severe hand burn injuries caused by fireplace glass doors. Five of these kids required skin grafting.

Typical hand burns range from a partial thickness to full thickness in depth. The treatment of hand burn injuries to children is painful and time intensive and the injuries affect a vital anatomical area. Permanent disability often results from contractures leading to a loss in the functional range of hand movement.

You'd think the dangers to children of this product would be obvious to the companies who sell fireplaces with glass doors. Think otherwise! One seller actually pitches its fireplace safety at its website, "Fireplace glass doors provide safety for you and your home. Children and pets are not able to be hurt by a fire while the fireplace doors are closed." Nothing is said about serious injuries from touching the hot glass and the doors.

Fireplace companies selling this product are also well aware of the risks to children. Testing shows that the glass doors on a fireplace can heat to 400° in six minutes and take 45 minutes to completely cool.

The commercial sellers of these fireplaces also realize that toddlers are especially vulnerable. Most of the burn victims are less than two years old and just learning to walk. They are unsure on their feet and some serious injuries result from falling against the red hot glass.

Toddlers are also curious about fire and are drawn to the doors enclosing the object of their curiosity. Their "touchy feely" instincts lead them to place their little hands on the hot glass.

Obviously, parents with small children are advised to buy homes with safer fireplaces or to replace a glass door fireplace with doors made out of tempered glass. These tempered glass doors do not store heat as efficiently and are much safer for children.

If you choose not to replace the dangerous fireplace, wait until the kids have gone to bed before turning the fireplace on. Also, put a full protective screen around the fireplace in order to prevent children from being able to reach the glass doors.

Heat contact burns, especially those from fireplace glass doors, are costly, painful and can require long term care. If your child has suffered a serious burn injury, please contact the highly experienced team of Gilbert & Ollanik for a free initial consultation.

Sources:
Jimenez & Montgomery "The Dangers of Glass Fireplace Doors From a Pediatric Perspective, The Children's Hospital Aurora, 2009

In San Francisco, California, a federal jury awarded a Bay Area musician $18 million for his auto products liability lawsuit against automaker Ford. 38-year-old resident Dax Pierson is now a quadriplegic because of injuries he sustained in a 2005 15-passenger van rollover accident involving a Ford vehicle.

According to Pierson's California personal injury complaint, he sustained multiple spinal fractures when the E-350 van he was riding on Interstate 80 in Iowa rolled over 2 ¬Ω times after striking black ice. Pierson, who was seated in the back passenger seat, struck his head on the roof after the seat became detached from the floor. He was using a seat belt. No one else sustained serious injuries during the crash.

During the auto products liability trial, Ford said that the van was not defective and fulfilled all industry requirements. Representatives for the car maker instead blamed the manager of Pierson's band, Patrick Scott, for driving too fast. The jury, however, disagreed with Ford and awarded Pierson $6 million for pain and suffering and $12.3 million for medical costs.

Pierson founded the band Subtle and was its vocalist, keyboard player, and lead composer and arranger. Now, he uses special equipment that pushes buttons on a computer keyboard to compose and arrange his music. He also needs an attendant with him 24-hours a day.

In another California auto products liability lawsuit, a Los Angeles judge told Jaguar Land Rover that it must pay a now paralyzed man $21.1 million because the Land Rover Discovery SUV he was riding rolled over a number of times after it was struck by a teen driver who was driving at 80mph on the 118 freeway in 2003.

Sukhsagar Pannu, 53, sustained a catastrophic spinal cord injury from the SUV rollover accident. The former field hockey player can no longer utilize his legs and arms and he requires 24-hour care.

The judge says that the vehicle's high gravity center made it prone to rollover accidents and the SUV's roof collapsed too easily. Meantime, Jaguar Land Rover says it plans to appeal the verdict. Their lawyer says that the 16-year-old driver is the one that is at fault for causing Pannu's catastrophic SUV rollover accident.

Paralyzed Oakland musician sues Ford, wins, SF Gate, May 29, 2009
Land Rover maker ordered to pay $21.1 million in rollover case, Los Angeles Times, May 28, 2009

Related Web Resources:
Rollover: The Hidden History of the SUV, PBS.org

15-Passenger Van Safety, NHTSA

According to a federal appeals court, a Utah auto products liability lawsuit over a 2005 15-passenger van rollover accident that killed eight Utah State University students and one instructor and seriously injured two other students can proceed. The 15-passenger van complaint was filed in district court last year—but Cooper Tire & Rubber Co., the remaining defendant in the wrongful death case, had tried to get the case thrown out.

The tire company, which made the tires that were on the van, had expressed concern that certain information needed for the case would have exposed company secrets. The appeals court, however, says the plaintiffs are entitled to know how the tires were manufactured.

The students and their agriculture instructor were coming back to school after visiting a farm during a field trip when the deadly crash happened. The 15-passenger van rolled over a number of times after one of the tires blew out. The plaintiffs' wrongful death complaint accuses Cooper Tire of knowing that the tire was defective yet failing to remedy the tire's defects.

The families of the victims that died settled their products liability complaint against Chrysler more than a year ago. The plaintiffs had accused the auto manufacturer of making a van with an unsafe gravity center, defective tires, and unsafe seat belts.

15-Passenger Vans
15-passenger vans have long been known for their high rollover risk because of the way they are designed. Last month, the National Highway Traffic Safety Administration issued an advisory warning all 15-passenger van users to exercise the necessary safety precautions to prevent a rollover accident from happening. Recommendations include:

• Check tires for wear and tear, and make sure that they are properly inflated. Tires that are not fully inflated on a 15-passenger van is a common cause of rollover accidents, especially when the van is fully loaded.
• Ensure that everyone in the van is using a seat belt.
• Do not drive the van unless you are properly trained to operate this type of vehicle.

The NHTSA says that 15-passenger vans carrying 10 or more passengers have a rollover risk that is almost three times greater than vans carrying less than 5 passengers. This means that using a 15-passenger van the way that it was intended—to carry 15 passengers—places vehicle occupants at risk of getting injured in a rollover crash.

Cooper Tire told to supply information, UPI.com, June 10, 2009

Appeals court gets USU van lawsuit rolling again, The Salt Lake Tribune, June 6, 2009

Related Web Resources:
Fatalities to Occupants of 15-Passenger Vans, 2003 - 2007 (PDF)

15-Passenger Vans, IIHS

Last week, a number of car accident victims and their families traveled to Washington DC to ask lawmakers for help. As injured parties, they want to make sure that they will still receive compensation for their products liability and personal injury claims even though General Motors Corp. and Chrysler LLC have filed for Chapter 11 bankruptcy.

Bankruptcy proceedings generally place a temporary freeze on civil lawsuits, and plaintiffs end up becoming one of many unsecured creditors waiting to divide up whatever funds are left after the debts owed to secured creditors are paid off first. For auto products liability victims that were catastrophically injured in a GM or a Chrysler motor vehicle—and currently uninjured motorists that could get hurt in a defective GM or Chrysler car in the future—this outcome could pose a huge financial concern.

About 500 to 1,000 people are seriously injured or killed in auto products liability-related motor vehicle crashes each year. Approximately 300 Americans are currently suing Chrysler for products liability, and some 1,200 others are suing GM.

In New York, consumer groups are appealing the sale of Chrysler to Fiat because the new company isn't going to be responsible for the old company's losses, including personal injury settlements and verdicts. Center for Auto Safety Executive Director Clarence Ditlow wants the bankruptcy system or the Obama Administration to make sure that Chrysler and GM products liability victims and their families are taken care of. Meantime, the Center for Justice and Democracy want the two motor vehicle manufacturers to buy retroactive insurance polices that would cover past and future claims.

Among the victims that are fighting to recover the compensation they are owed:

• Couple Joseph and Jeanne Polio were hoping to obtain products liability compensation because Jeanne sustained catastrophic injuries during a 2005 rollover accident involving a Chrysler SUV. She now suffers from a spinal cord injury and is paralyzed from the waist down.
• 37-year-old Mark Noveck, who became a quadriplegic in a GM SUV rollover accident, settled his products liability lawsuit against the auto manufacturer right before the company filed for bankruptcy. His products liability lawyer says the $999,999 settlement was a form of "surrender" because it was better than possibly not getting anything.

Families and Severely-Injured Victims of Defective GM and Chrysler Cars Travel to Washington to Seek Urgent Help, Red Orbit, June 3, 2009

Chrysler bankruptcy stalls couple's product liability case, NH Register, May 26, 2009

Injured little girl facing uphill fight in lawsuit against reeling GM, Daily News, May 26, 2009

Related Web Resources:
Chrysler Bankruptcy and Product Liability, NY Times, May 20, 2009

GM rescue dumps crash victims, Asiatimes.com, June 9, 2009

Continue reading "General Motors and Chrysler Bankruptcies: Consumer Groups Fight to Ensure Products Liability and Personal Injury Recovery" »

According to SafeKids USA, the number one cause of injuries to kids ages 5 to 14 is playground accidents. About 150,000 children in this age group end up in US emergency rooms each year because of accidental injuries involving playground equipment. While some of these injury accidents involve playground equipment in private backyards, 3 out of 4 playground accidents occur on school grounds and in public areas.

A few months ago, the family of a boy who sustained a traumatic brain injury when he fell off playground equipment at a Burger King in 2005 received a $20 million injuries to children settlement. Defendants of the case included Burger King, the franchisee of the restaurant, and Delta Marketing Inc. The family's playground accident lawsuit contended that the playground was made on a hard tile floor and no padding had been added to serve as a cushion during any potential fall accidents. The boy, who is now 12, continues to receive medical and nursing care for his severe TBI.

Even younger kids are prone to playground accidents. In 2006, a 15-month-old girl sustained second-degree burns on her feet when she stood on a metal plate covering a valve box in a California park's water play area. Her family is suing the city of Yorba Linda, the metal plate maker, and other parties for the girl's playground accident.

While the majority of playground accidents are not fatal—about 10 playground accident fatalities do occur a year. Also, fall accidents from playground equipment have been known to cause spinal cord injuries, traumatic brain injuries, and death.

Common causes of playground accidents:

• Poorly designed playground equipment
• Poorly constructed playgrounds
• Inadequate supervision
• Poor maintenance of playground or equipment

For more details about playground defects and other hazards that can exist on a playground, visit our Playground Injuries page for more information.

It is also important to monitor the Consumer Product Safety Commission Web site for news of playground equipment recalls. In April, SportsPlay Equipment announced the recall of a number of its playgrounds because their posts and handrails contained excessive levels of lead.

$20 million brain injury settlement names Riverside County Burger King, Justice.com, March 29, 2009

SportsPlay Equipment Recalls Playgrounds Due to Violation of Lead Paint Ban, CPSC, April 22, 2009

Family sues YC for toddler's burned feet, Appealdemocrat.com, May 14, 2009

No. 1 Cause of Injury in Elementary School: Playground Accidents, Safe Kids USA

Related Web Resources:
Playground Safety, Kidshealth.org

Playground Safety, National Safety Council

Continue reading "Playground Accidents Are Leading Cause of Injury to Elementary School Kids" »