Washington DC Injury Lawyer Blog

Seven Product Recalls Announced in the Past Few Weeks; Some with Potentially Serious Safety Concerns

November 10, 2015 | Lebowitz & Mzhen

Earlier this month, a national news source compiled a list of several recent product recalls that major manufacturers across the country have announced. According to that article, the following items have all been recalled:

Skippy Reduced Fat Peanut Butter: Skippy told consumers that there is the possibility that there could be small pieces of metal in the product.
Sure Signal Fire Alarms: There is a potential fuse problem in certain models, resulting in a failure to alert owners of a fire.
Sanofi Epinephrine Injections: There have been 26 reports that the company has administered the wrong dose to patients.
Burley Child Bicycle Trailers: Several models of the trailers have defective hardware that can cause the trailer to separate from the bicycle.
Dodge Journey Vehicles: There is a problem that can cause moisture build-up in the brake system, potentially leading to an increased risk of brake failure.
Jeep Cherokees: There is a reported problem in the AC line that can cause a vehicle to catch on fire.
Honda Accords: Roughly 304,000 Accords were recalled because the airbags may spontaneously deploy. So far, 19 injuries have been reported.
Pottery Barn Water Bottles: There are reports that the paint used in the water bottles contains lead.

Anyone who believes that they may be in possession of a defective product should consult with the manufacturer to determine if that is the case. If so, most manufacturers will return any money paid for the product or will repair it free of charge.

Manufacturer Settles Lawsuit over Defective Tire that Paralyzed One Man

November 3, 2015 | Lebowitz & Mzhen

Earlier last month, Cooper Tire & Rubber settled a lawsuit that was brought in the aftermath of an accident that paralyzed one man. According to one news source covering the case, the settlement agreement was reached on the second day of the trial. However, the exact terms of the agreement have not yet been released.

Evidently, the plaintiff was riding as a passenger in a minivan equipped with Cooper tires when the rear left tire blew, causing the minivan to overturn. The man, who was sitting in the rear of the minivan, was ejected from the vehicle. As a result of the accident, the man suffered serious injuries and was paralyzed.

The man filed suit against Cooper Tire & Rubber, alleging that the company manufactured a defective product that caused his injuries. Specifically, he claimed that Cooper failed to use belt-edge gum strips, which are known to reduce occurrences of tread separation. In fact, there was evidence before the court that suggested that Cooper knew of these problems as early as 1996, but it failed to do anything about them in this specific model. Additionally, other models of Cooper tires did have some safety mechanisms that the tires on the plaintiff’s vehicle did not. This, the plaintiff argued, showed that Cooper was aware of the potential defect.

Gun Manufacturer Named in Lawsuit Following Accidental Shooting Death; Defective Trigger to Blame

October 30, 2015 | Lebowitz & Mzhen

Earlier this month, the Eighth Circuit Court of Appeals decided an appeal that allowed a products liability case to proceed against a gun manufacturer, alleging that a faulty trigger mechanism led to an accidental shooting. In the case, O’Neal v. Remington, the plaintiff was a woman whose husband was killed in an accidental shooting when he and several friends were hunting.

According to the court’s written opinion, the accident took place back in 2008 and involved a Remington rifle that was originally made with a “Walker trigger” mechanism. The Walker trigger mechanism was used dating back to the 1970s, and since then it had come under criticism for causing the gun to fire when the safety is off but without the trigger being pulled. However, despite evidence that a problem with the mechanism existed, Remington determined not to recall the roughly 20,000 rifles made with the trigger.

On the day in question, the plaintiff’s husband was out hunting with friends. He allowed one of his hunting buddies to use his Remington rifle, and, when the group spotted a deer, the friend pulled out the borrowed rifle. However, as he did so, the rifle accidentally discharged, killing the gun’s owner. The deceased’s wife filed suit against Remington, as the manufacturer of the gun.

D.C. Police Cruiser Involved in Near-Fatal Pedestrian Accident

October 19, 2015 | Lebowitz & Mzhen

Earlier this month, a Washington, D.C. police cruiser was involved in a serious accident with a pedestrian, nearly claiming the pedestrian’s life and injuring the officer as well. According to one local news source, the accident took place at around 1:45 in the afternoon, near the intersection of Connecticut Avenue and L Street NW, just north of Farragut Square.

Evidently, the pedestrian was walking across Connecticut Avenue when a police cruiser came speeding into the intersection with its lights on and sirens blaring. As the officer saw the man in the intersection, he attempted to swerve. However, the officer’s evasive maneuvers were not quite enough, and the cruiser’s side mirror ended up striking the pedestrian. Some witness accounts claim that the man was then thrown into the air before he crashed down onto the median. He was immediately taken to the hospital and admitted in critical condition. The police officer was also injured in the accident, although his injuries were minor, and he is expected to make a quick and full recovery.

One eyewitness to the accident told reporters that she was at the intersection at the time of the collision, and she had arrived there before the pedestrian who “rushed” across to beat the “Don’t Walk” signal. She also said that the police car may have been in hot pursuit of another vehicle, but she wasn’t certain of that. Police are conducting an investigation into the near-fatal accident, and they are looking into whether either of the two parties involved was in violation of a traffic law at the time of the collision.

Medical Malpractice Case Dismissed as Untimely After Late Filing

October 14, 2015 | Lebowitz & Mzhen

Earlier this month, the Supreme Court of Mississippi released a written opinion in a case, Thornhill v. Ingram, holding that a medical malpractice plaintiff’s case was untimely because the statute of limitations had run. This left the plaintiff with no way to recover for the injuries he allegedly sustained as a result of the defendant’s negligence.

The Facts of the Case

Back in 2002, one of the plaintiff’s loved ones passed away after being treated by the defendant doctor at the defendant hospital. However, after her treatment at the hospital, the plaintiff’s loved one passed away from a condition that was not diagnosed until it was too late. The plaintiff filed suit against the doctor and hospital.

Eight years later, the case had not gone to trial and was not making significant progress, and the defendants asked the court to dismiss the case for lack of prosecution. The court agreed and dismissed the case without prejudice, meaning that it could be refiled if and when the plaintiff chose to do so.

State Supreme Court Finds in Favor of Slip-and-Fall Victim on Sovereign Immunity Issue

October 7, 2015 | Lebowitz & Mzhen

Earlier this month, the Texas Supreme Court decided a case in favor of a slip-and-fall plaintiff who was injured when they were spectating at a local softball game. In the case, Lawson v. City of Diboll, the plaintiff was injured when she tripped and fell on a hollow pipe that was protruding out of the sidewalk.

Evidently, the woman tripped on a hollow pipe that was protruding about four inches above the pavement. The pipe was painted yellow and usually had a pole inside it that prevented vehicles from driving onto the field. However, on the day in question the pole was not stuck in the pipe, and the only indication of the pipe’s existence was its bright yellow color.

The woman sued the City of Diboll, who owned and operated the fields, claiming that the City violated its duty of ordinary care by creating an unreasonable risk of harm and failing to “provide a safe walkway passage free of obstacles.”

Amphibious Tour Vehicle Accident Claims Four Lives

September 30, 2015 | Lebowitz & Mzhen

Earlier this month in Seattle, a collision between an amphibious tour vehicle and a charter bus resulted in four fatalities and several injuries. According to one local news source, the Fire Chief reported that in addition to the four who were killed, 12 people were in area hospitals in critical condition as a result of the accident.

Evidently, the accident took place on the Aurora Avenue Bridge, which is a main north-south artery through Seattle. The bridge has three lanes in each direction, with no median separating the directions of travel. While investigators are conducting an investigation into the accident, it is not clear at this time how the accident was caused, or which of the drivers may be at fault. However, there has been some concern expressed over the safety of the military-style amphibious tour vehicle that was in the accident.

To increase the danger and potential for harm, the amphibious vehicle was being operated by a tour company known for excited and flamboyant drivers who would speak to their passengers over megaphones as they toured the city. This concept, some argue, invites distracted driving and other dangerous driving behaviors.

Man Sues Wal-Mart after Allegedly Faulty Boots Cause Serious Injury

September 23, 2015 | Lebowitz & Mzhen

Earlier this year, the Supreme Court of New Mexico decided a case that was brought by a man who was injured when a pair of boots he purchased from Wal-Mart came apart at the sole and caused him to trip. The court ended up remanding the case back to the lower appellate court so that it could reconsider the case in light of the Supreme Court’s ruling.

According to court documents, the plaintiff bought a pair of work boots at Wal-Mart and shortly after the purchase tripped and fell when the sole of the boot started to come off. The man was seriously injured and received treatment for a back injury as a result.

A little over three years later, the man filed suit against Wal-Mart, claiming that the boots caused the fall and that the poor quality of the boots violated implied and express warranties.

Allegedly Drunk Motorist Involved in Five-Fatality Accident Indicted on Vehicular Manslaughter Charges

September 16, 2015 | Lebowitz & Mzhen

Earlier this month, a man who crashed into a stopped car, killing all four people inside as well as his own passenger, was indicted on 28 counts, including manslaughter, reckless driving, and driving without a valid license. According to one local news source, the accident, which took place back in October of last year, occurred in Oxon Hill, Maryland, near where Livingston Road meets Livingston Terrace.

Evidently, an Acura with four people inside was stopped at a red light when the driver of another vehicle slammed into the back of the car. Police documents report that the man was traveling at about 70 miles per hour at the time of the collision. All four people inside the Acura were pronounced dead shortly after the accident. The passenger of the other driver’s vehicle was also pronounced dead.

Police suspected the driver of the other vehicle of being intoxicated at the time of the accident, and they conducted toxicology tests that came back showing that his blood-alcohol content was nearly twice the legal limit. He was indicted in May of this year but evaded police until just last month. He is currently being held on $500,000 bail.

Organic Food Recalls Three Times What They Were Last Year

September 9, 2015 | Lebowitz & Mzhen

Organic food choices have come to be seen by some as a healthier, more eco-friendly way to eat. However, it would be incorrect to believe that food is safe to eat merely because it has been certified as organic. In fact, according to one recent New York Times article, the amount of organic food that has been recalled because it is not safe to consume has more than tripled since last year. The Organic Trade Association takes issue with these numbers and counters that, according to their data, the percentage of recalled organic food accounts for about 4.9% of all recalled food products.

According to the article, thus far in 2015 organic food has accounted for approximately 7 percent of all recalls. Last year that figure was just 2 percent of the total number of recalls. In 2012 and 2013, respectively, the figures were just one percent.

Why the Increase in Recalled Organic Food Products?

One of the reasons cited by experts for the increase in recalled organic food products is that organic food has become much more prevalent in American diets over the past few years. In fact, since 2012, there has been an increase of 25% in the total amount of organic food sold in the United States.