If you’re planning on filing a lawsuit, you probably have what you believe to be evidence that you were wronged in some regard. Understanding evidence, however, does take some real legal knowledge. In fact, you may find that, upon meeting with your attorney, they don’t really believe that the things you consider to be evidence […]
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Police Sued Over Privacy Violations
CNN reported that a police department in Washington is facing a lawsuit over violating the rights of inmates. The reporting details that 11 women and 1 man are suing a police department over alleged instances where the inmates—who were all arrested on suspicion of drunk driving—were recorded while they were undressing and using the toilet. […]
Frivolous Lawsuits Get too Much Publicity
The idea behind a lawsuit is to give a person who was wronged because of another person’s negligence away to get compensated. This can include suing manufacturers for putting dangerous products out on the market when they should’ve known better, suing motorists who are prone to driving dangerously and end up hurting or killing someone […]
Dog Bites and Liability
Unfortunately, many dog owners are not responsible with their animals. In fact, it’s quite reasonable to argue that the biggest cause of dog bites has nothing to do with dogs, but with the people who are in charge of taking care of those dogs. There are differences on a state-by-state basis as to how much […]
Daycare Worker Arrested for Raping Children
For parents with children in daycare, a nightmare scenario seems to be unfolding in Ohio. According to NewsOK, a daycare worker has been arrested on two counts of rape. The woman, according to the article, had engaged in sexual conduct with an infant and made a video of herself doing it. Police claim that they […]
Class Action Against LinkedIn Reveals Importance of TOS
If you’ve gotten emails that appear to be from a friend of yours but that were actually from LinkedIn giving a pitch for the website, you’re not alone. In fact, a lawsuit has been filed against the business social networking website alleging that the company breaks into email accounts, uses the contact list to send […]
Can You Sue a Company for Mishandling Your Information?
Today, it’s not uncommon for companies with whom people do very casual business – cellular phone companies, Internet service providers, etc. – to have some very sensitive information about their clients. For example, Social Security numbers are routinely used as forms of identification and many companies require that information in order to open an account. […]
Why Do Personal Injury Attorneys Turn Down Cases?
There are instances when a personal injury attorney may turn down your claim. This may leave you wondering if there is any hope for justice but, keep in mind the fact that civil lawsuits are not really about justice; they’re about compensation. If you’ve been turned down as a client by an attorney, some or […]
How Do You Sue on Behalf of a Child
Some of the largest jury awards are actually handed out to children. These occur in cases involving medical malpractice during birth, car accidents that permanently damage a child and in other cases. Obviously, a child cannot enter into a contract or take any other legal action of their own accord. Parents are the ones who […]
Fosamax Linked to Fractures According to Study
Fosamax may be linked to atypical femur fractures, according to a study. The Archives of Internal Medicine published a study in May of 2012 that showed a link between bisphosphonate drugs and fractures. Fosamax has already been implicated in over 3,000 lawsuits, according to an article published in the Wall Street Journal. The lawsuits have in common allegations that using the drug caused patients to suffer bone decay and fractures.
Osteonecrosis
Osteonecrosis of the jaw is one of the most common reasons that people have elected to sue over Fosamax. This drug is used to treat postmenopausal osteoporosis and has been in use since it was approved in 1995 by the FDA. The potential risks of this drug have been making it into the news more frequently of late. According to an article in the TimesUnion, there are 3,100 product liability lawsuits that have been filed against Merck and Co. by patients treated with this drug.
The study published in the Archives of Internal Medicine linked the drug specifically to femoral fractures. These are among the most painful and debilitating fractures that an individual can suffer. The drug is also used to treat Paget’s disease, which means that an entire other group of patients aside from those suffering from postmenopausal osteoporosis may have been affected.
Litigation and Damages
One of the options for people who have been injured by a defective drug is to pursue a lawsuit, as over 3,000 people have already decided to do in the case of Fosamax. Patients who suffer serious conditions such as broken bones or osteonecrosis may find themselves unable to work or, predictably, facing even higher medical expenses than they would have expected, even if they were already diagnosed with a serious conditions such as osteoporosis.
The first step in finding out whether or not you might be able to sue for damages caused by a defective drug is to speak with an attorney. Whether you are considering suing over damages from Fosamax or another drug, the attorney may be already aware of many other cases that have been filed over the same product. If this is the case, they may well be able to help you, but you’ll have to meet with them to determine whether or not this is true in your situation.
Settlements
There are cases where pharmaceutical companies or other manufacturers of defective products may offer you a settlement. Make certain that you speak with an attorney before you accept any such settlement. If they do offer a settlement, it may be because they believed that you would win if you brought your case to court and, because of that, they are trying to avoid having to pay even more money in a jury award and court costs than they would have to pay for a settlement. The settlement may be a good deal for you, but you’ll definitely want to get the advice of an attorney before you go ahead and accept one in exchange for not filing a lawsuit.
Call us for a FREE consultation at 713-771-5453
Are Product Liability Lawsuits Legitimate?
The recent lawsuit by the CPSC over Buckyballs and Buckycube toys has brought product liability lawsuits to the forefront of media attention once again. Whenever these situations happen, there is a cynical voice that permeates the media that tries to lay the blame for the injuries that children and older people suffered due to a defective product only at the feet of the parents or the person involved. In reality, there is a reason that filing a product liability lawsuit is an option for people who were injured by a product.
Bad Labeling
Part of the problem with the Buckyballs and Buckycube toys originates from the labeling of them, which stated that they were safe for people age 13 and older. This sort of labeling is supposed to give parents a realistic idea of whether or not a toy is safe for their children. Parents have every reason to trust that labeling, as the labeling process is heavily regulated by federal agencies. When children are injured by a product that was supposed to be safe for people in their age range, it is hardly the fault of the parents that they trusted labeling that was designed to keep their children safe.
Bad Designs
Some products make it onto the market but are designed in a way that makes them inherently hazardous. Examples include stepladders that fold up under normal usage, coffee pots with timers that end up causing fires and other products that have, through the years, made the news. That cynical voice in the media will oftentimes declare that people who have been injured or have had their property destroyed by such products are simply looking for a way to get rich quick. If somebody has sold you something that was supposed to have been safe and that damaged your property or injured you personally, there is nothing cynical about filing a lawsuit to recover those damages.
Contacting a Lawyer
If you or someone in your family has been injured by a defective product, the first thing you need to do is contact a lawyer about the matter. Listening to the myriad voices in the media, many of whom will be declaring that anybody pursuing a product liability suit against the latest defective product that has made it into the media cycle is simply looking for a way to get rich is absolutely the worst way to get advice. In these situations, a personal injury attorney is there to help you and only you.
Putting trust in a company or a label that gave you every reason to trust it is not foolish. If your child was injured by a toy that was defective in some way, it is not your fault. Talking to an attorney is the only way you can determine whether or not you were injured because the manufacturer was sloppy in how they manufactured a product, how they designed a product or how they marketed the product. Do not listen to the media in these cases. Consult with a lawyer – it’s usually free – and listen to their advice. They are the only individuals in these situations who are representing your interests.
Call us for a FREE consultation at 713-771-5453
Drug Recalls Becoming Common
Brigham and Women’s Hospital in Boston reports that drug recalls are very common these days. According to a study, reported by ABC News on July 4, 2012, drug recalls are happening at a rate of about one every month.
Reporting and Recalling
The ABC story notes that, while the FDA does make certain that it uses all of its available means of communication to get the word out that a drug has been recalled, that information might not be making it to healthcare providers. In fact, the story notes that the study found that the FDA only issues public notices for about half of the recalls that constitute the most serious instances of drugs being taken off the market. These are called Class I recalls, and they constitute instances where there is a very serious danger to people using the medications.
Big Numbers, Big Problems
The study found that there were 1,734 drug recalls between the years of 2004 and 2011. Of those drug recalls, there were 91 of them that were Class I recalls. A drug is only issued a Class I recall when utilizing the drug is found to present a significant risk of very serious – even deadly – side effects to patients.
Relying on Industry
In the ABC story, a spokesperson for the FDA noted that the system for announcing recalls is dependent upon the manufacturers of pharmaceuticals being open about the issues and upon the industry being responsible about their duties to the public. Of course, there are many drugs that have remained on the market for many years, even though manufacturers knew that they posed a risk.
Finding Out
One of the more effective mechanisms that the FDA has at its disposal is its website at Recalls.gov. This gives a list of all recalls – including recalls that are not related to pharmaceuticals – and provides whatever information patients need to know about the drug in question. Unfortunately, according to the study, it was also found that the most important recalls may end up being lost among the many other, less important, recalls that are announced by the agency. The combination of what recalls are announced being lost among the many communications put out by the agency as well as the reliance upon the industry to be honest about its products could both be contributing to a significant problem.
Lawsuits and Dangerous Drugs
Patients who are injured by pharmaceuticals that have proven to be dangerous sometimes have the option to file a lawsuit against the pharmaceutical company that produced them. Drugs such as Paxil and Accutane, for example, both proved to be dangerous to patients and, because of that, juries have already awarded millions of dollars to people who have suffered because of the side effects of those drugs.
If you believe that you were injured because of a bad pharmaceutical or, even more so, if you know for a fact that you were injured because of a bad pharmaceutical, make certain that you speak with an attorney about the matter. Whether it’s through a class-action suit or an individual lawsuit, they may be able to help you pursue compensation.
Call us for a FREE consultation at 713-771-5453
CPSC Sues Maxfield & Oberton Over Buckyballs
Maxfield & Oberton, manufacturer of the toys Buckyballs and Buckycube, has been sued by the Consumer Product Safety Commission over hazards posed by those products. These products both include high-powered rare earth magnets that have been shown to pose a substantial risk of injury to people, particularly children, under certain circumstances. Following the failure of an effort to negotiate a voluntary recall with the manufacturer, the CPSC filed an administrative complaint.
The Hazard
Buckyballs and Buckycube both include high-powered rare earth magnets that have caused injuries resulting in surgeries in several instances. In total, the CPSC has learned that there are over two dozen such incidents related to these products that have occurred since 2009. These products were labeled as being safe for people ages 13 and up but, following investigation, it was found that they did not meet the requirements for that safety label.
Each of these sets includes up to 216 of the powerful magnets, according to a press release by the CPSC. These magnets can pose a risk of serious injury and even death under certain circumstances.
The injuries were reported when the magnets were ingested accidentally or intentionally by young children and teenagers. When the magnets enter the stomach and intestinal tract, the attraction between them is powerful enough that they can make holes in the digestive system or stick together through the tissues of the digestive system, causing an array of problems. The problems can range from obstructions to blood poisoning to death and, because of that, the CPSC was demanding a recall. The current lawsuit seeks to stop Maxfield & Oberton from selling these products any longer.
Some of the injuries were caused when very young children swallowed the magnets. Other injuries were caused because teenagers and older children were using the magnets to imitate lip piercings and tongue piercings, according to the press release, and they accidentally inhaled or ingested those magnets. Rare earth magnets are powerful enough to attract one another through the tissues of the body and therein is where the hazard lies. If your child has been injured by one of these products, you may want to consider contacting a product liability lawyer to see if filing a lawsuit over the injuries would be an option for your family.
Filing a Lawsuit
Product liability claims can be filed over products that are found to be defective in manufacture, advertising or design. Because these products were advertised as being safe for children ages 13 and over but do not meet the standards for that labeling, you may be able to file a lawsuit if your child was injured.
Talking to a Houston product liability lawyer is the first step in determining whether or not this is an option for you. These attorneys will generally offer you a free consultation where they can listen to the details of your situation and determine whether or not it would be appropriate for you to press forward with a lawsuit. Contacting a lawyer as soon as possible is advisable.
For a FREE consultation, call us at 713-771-5453
Amputation Threat Posed by Recalled Stroller
The US Consumer Product Safety Commission and Health Canada have announced that the manufacturer of a stroller has voluntarily recalled the device due to an amputation hazard. According to a press release, the Kolcraft Enterprises, Inc. Contours Options strollers, in both the three- and four-wheeled configurations, poses a risk of amputating the fingers of children and adults. In fact, there have already been incidents reported where both have happened.
Incidents
According to the press release, there have been five injuries involving the defective part. The defective part is a hinge mechanism located on the handle of the stroller, near the basket area. This hinge can fold up, cutting or even amputating fingers. There have been three children who have had their fingers amputated and two adults who suffered lacerations and smash injuries due to the hinge.
If you’re concerned that you have one of the strollers, look for the following model numbers, which will appear on a sticker above the left wheel:
- ZL002
ZL005
ZL008
ZL015
ZL018
These products were retailed by Amazon.com, Target.com, ToysRUs.com and at toy stores in the United States and Canada. They sold for between $150 and $160 and were on the market starting in January of 2006, with the recall being effective June 14, 2012, according to the press release.
Defective Products and Responsibility
It is illegal to sell or trade any defective product. They have to be returned, replaced or refunded in accordance with the product recall. If you have one of these strollers, you can contact Kolcraft at 1-800-453-7673. They will explain what to do with the device. You should stop using the stroller immediately and, upon contacting the company, you will be provided with a repair kit that can be used to fix the hazard.
Defective Designs, Manufacture and Advertising
Defective product lawsuits hinge on whether or not the product was defective in its design, in its manufacture or in its advertising. In this case, the product could be found to have been defective in its design or its manufacturing, due to the presence of the hinge that was capable of causing such grievous injuries. If you or your child were injured by this product, you should contact an attorney right away. One of the options you have as a consumer is suing a company that sold you a product that proved to be dangerous.
Filing a defective product lawsuit is generally a time-limited option. The most important thing to do is to contact an attorney as soon as possible and to let them know what happened. If they believe that you do have a good case, they may be willing to take it and argue it for you in court. These cases sometimes end up paying out into the millions of dollars, which is entirely fair, when you consider the life-changing injuries that some people end up suffering because of defective products. In this case, it’s already been reported that at least three children had their fingertips amputated because of the particular defect.
If you have been injured by this stroller, call us for a FREE consultation at 713-771-5453
Bath & Body Works Named in Lawsuit
A Woman in Beckley, WV is suing Bath & Body Works for injuries sustained while using one of their products, according to a recent report in the WVRecord.com. The report says that the woman suffered both property and physical damage from the product, leading her to file a claim.
The Product
According to the report, the woman was using fragrance oil warmer in July of 2010 when it burst into flames. TI was on a wooden table and the woman, acting to put out the fire was burned when hot oil got onto her skin. The claim details a great deal in terms of how defective product lawsuits work.
According to Instructions
The woman who filed the lawsuit was using the product according to directions at the time, which is vital to filing a successful claim for product liability. Generally speaking, if you’re not using a product in an approved manner and you get injured, the manufacturer is not responsible for those injuries. In such cases, it’s far more likely that the jury will determine that your improper use of the product resulted in your injuries or property damage. In order to file one of these lawsuits, you have to have been injured by a product that was defective in some regard, not by a product that injured you because you used it contrary to its recommended usages.
Medical and Property Damage
The woman filing the lawsuit is claiming medical and property damage. She is also suing for pain and suffering, which is a common addition to these lawsuits. It’s not frivolous. Many of the people injured by defective products go through intense pain and suffering. Some of them end up losing their jobs because of their injuries or, at least, losing income while they convalesce.
Texas Law
Texas law is different than West Virginia law, of course, and that means that having a defective products attorney who is responsible for Texas’s laws represent you is vital toward maximizing your chances of winning your claim. There are limitations on how long you have to file these claims, so it’s a good idea to contact and attorney to determine how much time you have remaining. This will let you know whether you need to act right away or whether you have some time to consider whether you want to file a lawsuit.
If you’re not sure whether or not any defective product related injuries you suffered were really the fault of the manufacturer, contact and attorney to get their input. There are complex laws that surround product liability and you need expert advice if you want to make sure that you pursue compensation if you have a chance of winning it. Ask about a free consultation with a defective products attorney. They usually handle these claims on a contingency basis, so they need to meet with you to determine whether or not they’re a good match for your claim. If they are, they may be able to win you substantial jury awards or settlements.
For FREE consultation, call us at 713-771-5453
Texas Tax Relief Company Faces Accusations of Misleading Customers
One of the most heavily-advertised tax repair services in the nation, TaxMasters, has filed for Chapter 11 bankruptcy, according to Associated Press reports. The agency is also facing a trial after having being accused of misleading customers. According to KHOU-TV Houston, the agency is being sued because the advertisements claimed that people could call the agency to consult with a tax specialist but that those customers were, instead, routed to salespeople who had no particular tax expertise. This is not the first time that one of these businesses has landed itself in hot water over the claims it makes to customers.
Lawsuits and Charges
Another well-known tax expert, “Tax Lady” Roni Deutch, was sued in 2010. California’s then Attorney General filed the lawsuit, which claimed that her firm made claims that they couldn’t back up as far as getting settlements from the IRS was concerned. She has since filed for bankruptcy and given up her license to practice law, according to Forbes.
Another firm that ended up facing similar problem was JK Harris & Co.. Again, they were sued by customers who felt that they had been deceived by the claims of the company, as well as by the states in which they operated.
Expertise Is a Product
When someone makes a claim that they have some sort of expertise and charges you for that expertise, they do have some responsibilities. The people who sued JK Harris & Co., because the company was liquidated, are unlikely to get any money for their judgments. If someone does sell you their expertise, however, and it turns out that they have made deceptive claims, they are liable.
Understanding Defective Advertising
Whenever someone is marketing a product, they have a responsibility to make sure that the product’s marketing is accurate. This applies to expertise, as well. For example, if someone was marketing that they could get you relieved of any and all tax liability that you owe to the IRS-a patently false claim, since it’s a case-by-case situation-they would open themselves up to being sued for advertising in a defective way. Remember that the advertising you read does have to give an accurate picture of the product that it is describing.
Contacting a Lawyer
If you believe that you have been deceived by someone who offered you a professional service, you may want to consider contacting a product liability lawyer.
A product liability lawyer will want to meet with you to get an idea of the basic nature of your claim. There’s no guarantee that you have a lawsuit that’s worth pursuing and, of course, there’s no guarantee that filing a lawsuit will result in a win. What an attorney can do is give you an idea of whether or not it’s worth your while to pursue the lawsuit and, if so, how best to proceed with the matter. Some services out there do make efforts to deceive their customers, but this has to be established to a jury before you can receive compensation.
If you have any questions regarding a product liability issue, please contact Houston Product Liability Lawyer Blaine A. (Bat) Tucker at 713-771-5453 for a FREE case review
Dietary Supplements, Herbal Remedies and Defective Products
If you’re a health nut, you’ve probably been exposed to plenty of literature and advertisements for products that make claims that haven’t been approved by the FDA. These include:
- Herbal supplements
- Dietary supplements
- “Natural” treatments
These products line the shelves of health food stores, holistic medicine provider shops and other establishments. They’re very popular. One of the dangers of these products is that their claims have not been established as being true or false, however. There are standards to which they do have to adhere, but there is a definitive element of caveat emptor to consider when buying these supplements and other supplies. If you believe that one has caused you harm, you should definitely speak with a defective products attorney.
It’s Not Medicine
One of the things that you should understand before you start buying these products is what a double-blind study is. These are the types of studies that are usually conducted to get reliable data on the efficacy-and safety-of pharmaceutical products. Many of the supplements on the market have never been subjected to these types of studies. While the marketing for these products will sometimes claim that the scientific establishment doesn’t want you to know about the wonderful power of these pills, the manufacturers clearly do not want their claims scientifically tested, either.
Herbal and Dietery Supplements Do Get Recalled
The FDA does make recalls of these products from time to time. Some recent recalls include:
Healthy People Co. Dietary Supplements, manufactured by Healthy People Co. This was recalled in February of 2012 because the supplement had undeclared drug ingredients in it.
RegenArouse by Regeneca, Inc. was recalled in February of 2012 because the intimacy enhancement capsules were an unapproved new drug.
These supplements, of course, make claims that have not been approved by the FDA, but the FDA does have the authority to take them off of the market when they make specific claims or when they contain elements that run afoul of regulations.
When Defective Herbal and Dietery Supplements Harm People
A defective products attorney may be able to help you if you were injured by one of these products. The fact that they tend to qualify their claims by saying that they have not been evaluated by the FDA doesn’t provide the companies that manufacture these products with a shield against liability. Understanding how product liability law works should give you some insight into this.
Products can be held to be defective in their design, manufacture or advertising. No matter which way one of these products turns out to be defective, if it harms you, you should contact a personal injury attorney to see about whether or not seeking compensation via a lawsuit would be a viable option for you. If it is, the personal injury lawyer may want to represent you and go after the company in court. Any product that is on the market needs to be safe. Whether its claims are inflated or not, the product should not cause the consumers who utilize it to come to harm or to experience undisclosed side effects.
Call the Houston Law Offices of Blaine A. (Bat) Tucker at 713-771-5453 for a FREE case review.
Product Recall: Women’s Shoes Spark Recall
If you have a particular type of Naturalizer women’s shoe, you may need to bring it back as part of a recall. At the end of 2011, a recall was announced due to a faulty heel on the shoes in question. That faulty heel design created a risk of falls and injuries and the company that produced them, Brown Shoe Company, has issued a recall.
Defective Products
One of the ways that a product can be defective is in its design. Another is in its manufacture. In the case of the Naturalizer shoes, the design or the manufacture may have been to blame but, either way, the shoes do present a very real hazard of tripping and falling. Sometimes, a slip and fall accident can be very dangerous, causing significant injuries and ending up putting the victim out of work or causing them very significant medical expenses.
The Defective Shoes in Question
The shoes in question will have one of the following numbers printed on the inside of the shoe:
- A3279S2001
- A3279S1600
- A3273S1250
- A3279S1020
The shoes were available in nude, scarlet, grey and black. These shoes were decorated with a leather bow that spans the front of the show and have a three-inch heel. The shoes will also have the word “Naturalizer” on them. This will appear either inside the shoe or on the bottom of the shoe. If you have one of these shoes, do not wear them. You should take them back to the place where you purchased them, where you will be given a refund.
Understanding Personal Injury and Product Liability Law
Personal injury law and product liability law quite often intersect. Personal injury law allows people to seek compensation for injuries-both financial and physical-that they suffer due to the negligence of a company or another person. Product liability law requires that companies put out products that are:
- Designed safely
- Manufactured safely
- Advertised accurately
Any product that does not meet those criteria may be deemed defective. If it is defective and someone is hurt because of those defects, there is sometimes good cause to file a lawsuit against the manufacturer. You should inquire with a personal injury attorney if you feel that a defective product has caused you injury, whether that injury was financial or you actually suffered an injury to your body that resulted in pain and suffering, lost wages or other hardships.
Remember that manufacturers are responsible for their products but that, quite often, it’s easiest to get your refund by just brining the product back to where you bought it. They will generally take it back, issue you a check or cash and send you on your way. Any time that you find out that a product was found to be defective, stop using it immediately. You may have noticed nothing wrong with the product in your own experience, but these problems sometimes do take time to manifest, particularly if there are defects in design or manufacture that only become known after the product has been used for a while.
If you have any questions about how to deal with injuries related to defective products, contact the Law Offices of Blaine A. (Bat) Tucker at 713-771-5453.
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