Personal Injury Lawyer Blog

Defective Tires Made in China Being Sold in United States - Friday, July 6, 2007

With the United States still reeling from the tainted pet food recall in March 2007 due to contaminated food imported from China, another product made there is causing serious injuries and deaths: defective tires. Almost 500,000 (possibly many more) Chinese-made tires sold in the United States, lack an important safety feature designed to make them more durable or the feature was present but in an insufficient degree.

The tires in question were distributed by Foreign Trade Sales Inc. of New Jersey and sold under the brand names Compass, YKS, Westlake, and Telluride in a range of sizes used on SUV's, pickup trucks and other light trucks. All defective tires were sold as replacement tires and not as original equipment on new vehicles.

The company that manufactured the tire says it doesn't have the money to pay for a recall and said it believes other United States distributors have been selling virtually identical tires, which could account for as many as an additional 500,000 defective tires on the nation's roadways. FTS also said that in addition to not being able to afford a recall of the defective tires, the company can't even clearly identify the tires affected because the Chinese manufacturer failed to provide it with the identification numbers of the tires missing the feature. FTS reported the problem to the National Highway Traffic Safety Administration (NHTSA) in early June 2007, but FTS has known about the defect for as long as early 2006.

Tread separations are particularly hazardous when they involve vans and SUV's, which are more prone to rollover due to their high center of gravity. In 2000, Firestone tires were massively recalled due to tread-separation problems.

This latest defective tire scare follows a fatal accident in 2006 where four carpenters were traveling back in a large van to their homes in Philadelphia after working all day in the Pocono Mountains. According to the lawsuit, two of the men were killed and a third was seriously injured when the tread separated on the left-rear wheel of the van causing the vehicle to crash. Also named in the lawsuit is General Motors Corp, maker of the van; GM is accused of building a defective vehicle prone to tipping over in accidents. However, the tires in the case were replacement tires and not part of the van's original equipment.

Man Paralyzed in Crash Awarded $16 Million - Thursday, July 5, 2007

A Boston man, who lost the use of his arms and legs after being hit by a car while he was crossing a street two years ago, has been awarded over $16 million. The verdict was one of the largest awards by a jury for a personal injury case in Massachusetts this year and was more than double the largest amount awarded by a jury last year for a personal injury case. The victim of the car accident, William Dodge, 42, was a former executive chef and manager for a Boston law firm.

During the 8-day trial, lawyers for Dodge argued that Arda Tezel was speeding when he hit Dodge, who was crossing a crosswalk in April 2005. Dodge's injuries included a fractured spine, which left him a quadriplegic; following the crash, Dodge spent three weeks at Brigham and Women's Hospital and was in rehabilitation all of the following year.

Police officials have filed a criminal complaint against Tezel for speeding and driving to endanger, and a warrant for his arrest has been issued because he has not appeared in court.

According to his lawyers, Dodge now requires assistance to do just about everything in his life, and his medical expenses, so far, are more than three-quarters of a million dollars.

Dog Bite Victim is Awarded Close to $4 Million - Tuesday, July 3, 2007

A jury has awarded $3.7 million to a woman permanently injured in a brutal dog attack finding that the Delray Beach, Florida city officials were not only at fault but were more culpable than the dog's owner. The jury assigned 60% of the blame to the city making Delray Beach potentially liable for more than $2.2 million in damages; the homeowner/dog owner was assigned the remaining 40%.

Marguene St. Juste worked as a hotel housekeeper before the attack which resulted in her right arm being rendered useless. St. Juste was attacked by two Rottweiler mix dogs that Delray Beach officials had been warned about many times; the dogs were often walking around without leashes. Every time officials responded to the calls, the dogs were found secured on the dog owner's property. One time, however, a code enforcement supervisor did find the dogs on the loose, but no citation was issued.

St. Juste spent two weeks in the hospital following the vicious attack and can no longer work or take care of her three children the way she once did. The jury awarded her $56,000 for past medical bills, $26,500 for past lost wages; $178,000 for future earning capacity; $400,000 for pain, suffering, mental anguish, physical impairment and loss of capacity for enjoyment of life in the past; and 3.1 million for the future.

Fireworks Integral but Dangerous Part of Independence Day - Monday, July 2, 2007

Though fireworks are exciting and fun to watch, they can also be very dangerous, especially in the hands of untrained users or children. In 2005, approximately 10,800 people were treated in emergency rooms for fireworks-related injuries, and 60% of those injuries took place in the in the days surrounding the July 4th holiday.

In a four-week period in 2005 (June 18 to July 18), firecrackers, sparklers and bottle rockets accounted for most of those injuries seen in emergency rooms in the United States, and about 45% of those injuries were in children age 14 or younger. Males were injured more than twice as often as females. Also in 2005, four people died as a result of fireworks-related injuries, and 5% of the injuries seen in ER's required hospitalization. Bottle rockets often fly into the user's face, sparkler's can ignite clothing, and firecrackers can injure one's hands or face if they explode at close range. Not surprisingly, people actively participating in fireworks-related activities are more frequently injured and sustain more severe injuries than people just watching a fireworks display.

Fireworks-related injuries most often involve hands and fingers, eyes and the head and face. More than half of all reported fireworks injuries are burns, and burns are the most common injury to all body parts except the eyes. In the eyes, contusions, foreign bodies, and lacerations occur most frequently. These injures are often caused by user error, but many times, defective fireworks cause serious injuries, also.

Despite federal regulations and varying state prohibitions, many different types of fireworks are accessible to the public. Many fireworks distributors set up shop right at state borders, where residents of states with strict fireworks regulations can take advantage of more lenient state laws. Under the Federal Hazardous Substances Act, the U.S. Consumer Product Safety Commission prohibits the sale of most dangerous types of fireworks and the stuff used to make them. However, despite these efforts, fireworks are acquired by inexperienced and young users, and serious accidents do happen.

Here are some suggestions to prevent fireworks-related injuries:

Be aware that all fireworks are dangerous and do not use them unless you have been trained to use them.
Attend only authorized public fireworks displays conducted by licensed operators.
Support legislation that bans the sale and usage of fireworks by children.

Fireworks can be a fun activity for the whole family if they are used properly by trained professionals. Keep your family safe this holiday week by enjoying fireworks displays at community events hosted by licensed operators.

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