Product Liability Law Blog

With cold weather continuing to affect many parts of the US, people have been using their gas fireplaces to keep everyone indoors warm. Yet are the doors of some of these gas fireplaces poorly designed so that they pose a burn danger to kids?

According to the Children’s Hospital Burn Center, in the last five years, the number of hand burns caused by fireplace glass doors has gone up by 50% with an average of 2-3 burn victims coming in each week for treatment. One reason for this is that there are a lot of gas fireplace doors that lack protective screens.

It takes just six minutes for a fireplace door’s temperature to hit 200 degrees. The glass door may keep kids away from the fire, but they may still subject to second- and third- degree burns from coming into physical contact with the heat emanating from an extremely hot door.

Over the holiday season, one young boy sustained white blisters on his hands when he placed them on the glass doors of a fireplace. Following the Colorado burn accident, the boy was rushed to the hospital for treatment. Luckily, his injuries did not require skin grafting.

Burn Injuries
Burn injuries can be very painful and traumatic. Second-degree burns can affect both the dermis and the epidermis. Symptoms of a second-degree burn include swelling, redness, peeling skin, blisters, pain, charred skin, peeling skin, and shock. Immediate treatment is imperative, or a second-degree burn can become a third-degree burn. Third-degree burns affect both the external and internal skin layers. They can lead to scar injuries.

Manufacturers must make sure that any products they design are not dangerous for use and if there is an inherent hazard, then they must providing a warning label cautioning against how to prevent injury or death. Otherwise, the victim and his/her family can file a products liability lawsuit suing for personal injury damages. Young children are especially prone to injuries caused by hazardous or dangerous products.

If your child sustained a burn injury from coming into contact with a fireplace glass door, we invite you to contact our products liability law firm and ask to speak with one of our child injury lawyers immediately.

If you are using a gas fireplace with a glass door, the Children’s Hospital recommends that you:

• Place a screen or gate around the fireplace to block kids from touching the door.
• Watch your kids when they are near the fireplace.
• Remember that it takes a gas fireplace about 45 minutes to cool down completely after it has been shut off.

Cozy gas fireplace? Don't let it be a burn hazard, Denver Post, February 13, 2010

Gas Fireplace Glass Door Burn Prevention, Children'sHospital.org

Related Web Resources:
Burns, Medline Plus

Burns, KidsHealth.org

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Posted In: Burn , Burn Injuries , Colorado , Furniture and Accessories , Household Appliances , Injuries to Children & Minors , States

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Contrary to common belief, even if a customer signs a document releasing operators, manufacturers, franchisers, and owners from liability, he/she may still be able to file a Colorado products liability lawsuit against a negligent manufacturer for personal injuries that were caused by a defective product. The Colorado Supreme Court handed down this decision earlier this month in Boles v. Sun Ergoline, Inc.

The plaintiff, Savannah Boles, was seriously injured when she came into contact with a tanning booth's exhaust fan. Doctors had to partially amputate her fingers.

Prior to using the booth, Boles had signed a form releasing certain parties from liability in the event that any damage occurred from using the tanning bed. However, after she was injured she sued the tanning bed manufacturer, claiming that the product was unreasonably dangerous and defective.

A trial judge granted summary judgment favoring Sun Ergoline, Inc. because Boles had signed the release. Later, the Colorado Court of Appeals let the judgment stand.

However, the Colorado Supreme Court ruled otherwise and noted that while a release form can grant release from simple negligence claims (usually, a product is not involved), when the condition of the product (and not the manufacturer’s behavior) is central to causing the injury, then the release form violates the state’s public policy and becomes void.

Colorado Products Liability
Product manufacturers owe customers a duty of care to make products that will not injure or kill you. If you or someone you love was seriously injured by a defective product, it is important that you know that you did not necessarily sign away your right to sue for negligence because you signed a release form.

You have two years from the date of injury to file a Colorado products liability complaint. Breach of warranty, negligence, and strict liability are three kinds of products liability cases. Design defects, manufacturing defects, marketing defects, failure to warn, and inadequate instructions are some reasons why an injured party may opt to sue a manufacturer for damages.

Read the February 8 Decision, Colorado Bar Association

Related Web Resources:
Megalaw.com

Products Liability, Justia

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Posted In: Colorado , Electrical Product Defects , States

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Denver’s Craig Hospital, a nationally known and respected hospital, now caring for spinal cord and brain- injured patients, was founded by Frank Craig in Lakewood, CO in 1907 for the treatment of indigent men with tuberculosis. Its initial name was “Tent Colony of Brotherly Love.” In 1909, the name was changed to Craig Colony in memory of its founder.

In 1955, with the decline of tuberculosis, the facility started treating multiple sclerosis, muscular dystrophy, polio and spinal cord injuries. Within two years, with a new medical director, Dr. John Young, Craig began shifting its focus exclusively to spinal cord and brain injuries. Craig officially became known as “Craig Rehabilitation Center.” In 1966, the name became “Craig Rehabilitation Hospital” Dr. Young is considered the founder of modern Craig.

In 1969, Craig moved from Lakewood to Denver and built an 80-bed rehabilitation hospital on the ground of Swedish Hospital. The two were connected by a tunnel. By 1970, Craig began an in-house neurosurgical program.

1974 saw the opening of a shared Neurotrauma Unit at Swedish Hospital, designed by Dr. Harry R. Hahn. It was one of the first models of its kind. Finally, in 1975, Craig became “Craig Hospital.”

The Traumatic Injury Team was created distinct from the Spinal Cord Injury Teams under the direction of Dr. Hahn ad was soon thereafter intensely developed by Dr. Mark Cilo. In 1978, “Pete” Peterson, M.D. published a leading text, “The Management of High Quadriplegia” in 1989.

In 1980, Craig Hospital staff was instrumental in the creation and early development of the Colorado Head Injury Foundation, now known as the Brain Injury Association of Colorado. In 1983, Craig expanded by 63,000 square feet, which included a large gymnasium, an outpatient clinic, a media studio, therapy areas and department offices.

In 1989, U.S. News and World Report began ranking hospitals. Craig was ranked in the top 10 rehabilitation hospitals in the U.S. Craig physicians and staff are widely sought after for presentations and publications, averaging 75 professional presentations a year and publishing 20-25 articles and book chapter per year.

Craig has received numerous prestigious awards over the years for its outstanding medical and support staff and excellent facilities.

Continue reading "Craig Hospital in Colorado One of the Very Best" »

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Posted In: Automotive Product Liability , Brain Injuries , Catastrophic Injuries , Colorado , Injuries to Children & Minors , Spinal Cord Injuries , Spinal Cord Injuries , Traumatic Brain Injuries

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General Motors Corp. has announced that it will take responsibility for auto products liability lawsuits that are filed after the car maker sought bankruptcy protection. This is good news for people who were injured after June 1. Once the company emerges from bankruptcy, the “new GM” will honor future personal injury claims involving defective autos that were made by the “old GM.”

However, the injury victims and families that filed their products liability lawsuits before the “old GM” filed for bankruptcy still have not been given a way to obtain personal injury compensation or wrongful death recovery from the car manufacturer. 38% of all auto products liability claims filed between 2003 and 2008 were against GM. A committee that represents GM car crash victims says that over 300 people have personal injury claims valued at over $1.25 billion against General Motors.

The plaintiffs of the 2,642 products liability claims against the now bankrupt Chrysler face the same lack of recourse for financial recovery. While Fiat will assume responsibilities for warranties belonging to all Chrysler autos, the Italian auto manufacturer won’t be liable for past and future products liability claims involving defective Chrysler vehicles.

For example, Colorado Springs resident Sonya Segid’s arm was shattered when an air bag in her Dodge vehicle exploded. She now has two long scars on her arm. She is a sergeant who can no longer fire weapons and no won’t be joining her husband in Iraq.

Auto products liability lawyer Jim Gilbert of the law firm of Gilbert, Ollanik, & Komyatte PC represents a number of personal injury and wrongful death clients in several states with products liability claims against Chrysler and GM. Mr. Gilbert is one of the attorneys calling on Congress to establish a fund for Chrysler and GM products liability victims. Otherwise, states could end up paying for medical care. Also, Attorney Gilbert is concerned that failure to determine what defect caused an injury or death could also result in more people getting hurt in the future because they won’t receive any warning about possible defects.

Considering that most car accidents caused by motor vehicle defects result in catastrophic if not fatal injuries that can be very costly to treat and recover from, this leaves auto products liability victims and their families at a huge disadvantage. Gilbert, Ollanik, & Komyatte PC is nationally recognized as one of the products liability law firms in the country that obtains the best results possible for clients and their families. To find out more about our auto products liability lawyers and read about their latest headline making cases, please click on our In The News page for more information.

Contact our products liability law firm today.

Auto deals leave victims without day in court, 9News.com, June 24, 2009

G.M. to Maintain Legal Liability for Claims, New York Times, June 27, 2009

Related Web Resources:
Chapter 11 Bankruptcy, US Courts

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Posted In: Colorado , Motor Vehicle Safety , States

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According to the US Department of Transportation, each year 22,372 serious injuries and 1,652 traffic deaths could be prevented by the use of seat belts, which reportedly saved 15,147 lives in 2007, if seat belt use rates in each use state was at 90%. US Transportation Secretary Ray LaHood calls safety belt use the “most effective traffic safety device every invented.”

To show people how serious safety and transportation officials throughout the US are about promoting the use of safety belts, the “Click It or Ticket” campaign will take place this year from May 18 – 31. Over 10,000 police agencies are expected to patrol the streets to catch and cite people that are caught not using seat belts when riding in motor vehicles.

Currently, the National Highway Traffic Safety Administration National Occupant Protection Use Survey reports that the seat belt use rate for 2008 was 83%. However, one out of every five Americans still does not buckle up.

Teens are an age group of special concern. 2,502 of the 4,540 16-20 year old auto occupant victims that died in 2007 were not using seatbelts. 65% of the teen drivers that died in nighttime car accidents that year were not using seat belts.

Defective Seat Belts
In order for seat belt use to save lives and prevent serious injuries, the safety belt must be free from defects so that it works properly. Unfortunately, seat belt defects do occur and car makers have been known to recall vehicles because of defective safety belts. Also, injury victims and the surviving families of those who have died because a seat belt malfunctioned or had a defect have sought products liability and wrongful death recovery from the negligent manufacturers.

Recently, a woman who became paralyzed in a 2006 Colorado rollover accident was awarded a $4.23 million seatbelt defect judgment against Ford Co. Erica Hoffman’s auto products liability lawsuit contended that the seat belt was faulty and that it came unlatched during the auto accident.

A Colorado jury awarded Hoffman $18 million, assigning 25% of the liability to Ford. She also settled with TRW Automotive Safety Systems Inc, the company that made the seat belt, as well as the driver of the 1999 Ford Mercury Cougar Coupe that was involved in her rollover accident.

Car makers and seat belt manufacturers must be held liable for negligence when they make and install safety belts that are defective. Vehicle occupants rely on safety belts to keep them secure in the event of a motor vehicle crash. A seat belt that doesn’t work properly can cause a vehicle occupant to hit his or her head against the windows or roof of a car. He or she can also get thrown out of the vehicle. A person whose seat belt unlatches during an auto accident could end up with a traumatic brain injury, a spinal cord injury, or massive internal injuries that might otherwise have been prevented.

New Study: Higher Seat Belt Use Could Save Many Lives, NHTSA, May 14, 2009

Woman wins $4.23 million from Ford in lawsuit, Examiner.com, May 1, 2009

Related Web Resources:
Click it or Ticket, NHTSA

Seat Belt Use in 2008 - Use Rates in the States and Territories (PDF)

Continue reading "Nationwide “Click It or Ticket” Campaign A Reminder of How Seat Belts—When Defect-Free—Can Save Lives" »

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Posted In: Automotive Product Liability , Colorado , Defective Seatbelt and Restraint System Cases , Seat Belts , States

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Government investigators and bus safety advocates want the federal government to come up with stronger safety regulations for the US commercial bus industry. The call came at a National Transportation Safety Board hearing this week when investigators announced that speeding was the cause of a deadly 2008 bus accident in Utah.

At the hearing, federal investigators said speeding and driver fatigue were the likely causes of the deadly January 6, 2008 bus crash that occurred in the Utah town of Mexican Hat in the Four Corners area. The bus driver, age 71, was probably driving somewhere between 88 and 92 miles per hour and experiencing altitude sickness along with a head cold when the deadly crash happened. He also may have been suffering from sleep apnea. The bus, which was transporting 56 people who had been on a Colorado ski trip, moved toward the guardrail before falling off an embankment. The roof of the bus was sheared off and the majority of the passengers were ejected from the vehicle. 9 people died, while 43 others sustained injuries, some of which were severe.

The investigators chastised the National Highway Traffic Safety Adminsitration for its failure to execute safety recommendations from 1999 when the NTSB called for stronger motor coach roofs—a safey measure that could have saved the lives of people killed in the Utah crash. The NTSB had also recommended seat belts and windows that are easy-to-open that could have prevented certain catastrophic injuries and saved many lives over the past 10 years. Now investigators are saying that it's time to make these necessary changes as well as improve its medical oversight of bus drivers who may be suffering from certain health issues, such as sleep apnea.

Another way to improve bus safety is to implement stability-control technology that could decrease the number of rollover bus accidents—the leading cause of bus accident deaths. Safety advocates also point out that making bus owners comply with tougher safety regulations would make bus travel a lot safer.

Cheaper bus prices, more convenient bus connections, and a troubled airline industry has resulted in more people traveling on buses. Some 750 million bus passengers travel in over 34,000 commercial buses in the US and Canada annually.

Motor Coach Bus Accident Facts
Between 2000 and 2007, there were over 57,000 motor coach crashes that claimed the lives of 401 people. In the past eight months alone, there have been catastrophic rollover bus accidents in California, Arizona, and Missouri that have killed 25 people. About 30 to 50 people die in US bus collisions every year.

Any kind of motor vehicle defect is a dangerous defect and one that can cause injuries and deaths. It is the obligation of commercial bus manufacturers to make sure that there are no defects or deficiencies in the design of a bus that could allow for serious injuries or deaths to occur. Federal and state safety departments must also make sure that they have safety regulations that force bus makers to comply with stricter safety standards.

If you have been injured in a bus accident caused by driver negligence, you may have grounds for a personal injury lawsuit. You also may have grounds for a products liability lawsuit if deficient design or a defective bus part was a contributing factor in causing the bus accident.

Bus Safety Rules Are Long Overdue, Board Says, Washington Post, April 22, 2009

Bus Crash Hearing Brings Calls for Stronger Safety Regulation, PeterGreenberg.com, April 22, 2009

Related Web Resources:
National Transportation Safety Board

National Highway Traffic Safety Administration

Continue reading "Bus Safety Advocates Call For Better Federal Safety Regulations to Minimize Injuries and Deaths on Commercial Buses" »

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Posted In: Arizona , Automotive Product Liability , California , Colorado , Missouri , Utah

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