Personal Injury Lawyer Blog
Macaulay Culkin's Sister Killed in Accident - Friday, December 12, 2008
The 29-year-old sister of actor Macaulay Culkin was struck by a car late Tuesday night in Los Angeles. She died the next day. The LAPD says Dakota Culkin stepped off a curb and into the path of a car when she was hit. She was taken to UCLA hospital with "massive head trauma."
According to LAPD spokesman, Richard French, the driver of the vehicle that struck Culkin did everything he was supposed to do as required by law in these situations. He stopped, rendered what aid he could, and identified himself to authorities. He was not under the influence of drugs or alcohol at the time. Authorities believe this was simply a tragic accident and that no crime was committed.
Every year there are over 5,000 people hit and killed by cars in the U.S. Another 60,000 are seriously injured. And most of these occur in urban areas, such as Los Angeles.
Victoria's Secret Faces Product Liability Lawsuit - Thursday, December 11, 2008
The ubiquitous lingerie maker Victoria's Secret is facing a potential class action product liability lawsuit by women who claim that the company's bras left them with itching, blisters, rashes, welts, and subsequent scarring. Three women have filed lawsuits, and more women around the country may be ready to join.
According to Roberta Ritter, the first woman to bring a lawsuit, the bras, which include the Secret Embrace and Very Sexy Me Extreme Push-Up lines, contain formaldehyde. Ritter claims the rashes she suffered were only in the breast area, and perfectly matched where the cup of the bra fit. This implies the bra was the culprit. Ritter's suit prompted other women to come forward who also complained of inflammation and itching.
Formaldehyde is a chemical found in the creation of plywood and carpet as an adhesive, used as a resin in paper products like paper towels, facial tissue, and napkins, and is also used in the creation of paints and explosives. It has been classified as a probable carcinogen by environmental groups, and a human carcinogen by cancer research groups. Allergic reactions can occur at low exposure levels, and can cause watery eyes, skin irritation, and nasal and bronchial irritation.
Victoria's Secret insists their products are manufactured with strict quality control standards and that they do not contain formaldehyde. Ritter's lawyer contends that independent testing of the bras confirms the presence of formaldehyde. The class action lawsuits allege Victoria's Secret knew or should have known about the dangers of using formaldehyde in their product, but used it anyway.
There are over 1000 Victoria's Secret stores, and all sell the bras that are alleged to contain formaldehyde.
Another Tire Valve Recall - Wednesday, December 10, 2008
Dill Air, a North Carolina importer of Chinese-made tire stem valves, is warning consumers to check their tires due to premature weathering and cracking. This can result in loss of tire pressure.
Dill Air estimates there are 1.8 million stems that are part of this recall. This is because the problem is with two lots that total nearly 200,000 units, but the valve stems are not traceable by number after they have been installed. Therefore, all units sold between November 2006 and July 2007 are subject to this recall.
These valve stems were manufactured by Topseal Automotive, which is a subsidiary of Shanghai Baolong Automotive Corp. They are distributed by Oxford, North Carolina-based Dill under the brand name "Dill ACP." The National Highway Traffic Safety Administration is already investigating Topseal due to over one million Ford vehicles were installed with faulty stems before October 2008. Another investigation was started last May due to Shanghai Baolong manufacturing over 20 million faulty valve stems in 2006.
Dill Air is asking consumers to have the valves checked professionally where the tires were purchased, or another tire center.
Toxic Toys for Christmas - Tuesday, December 9, 2008
According to Healthytoys.org, a consumer guide released by the Michigan-based Ecology Center, and a guide that catalogs toxic toys, nearly 20 percent of the 1,500 toys the group tested by an X-ray fluorescence analyzer contain lead. Some of the toys contain other chemicals like arsenic, mercury, bromine, and cadmium. Over 60 percent of the toys tested contain some low level of these chemicals. Only 21 percent had no trace of chemicals in them.
The chemicals found in the toys may be part of the toy's plastic, paint, or fabric. Chemicals may also be added to make the toys flame resistant, rigid or flexible, or help with their durability. These chemicals may enter the bodies of children through their mouths, their skin, or the air they breathe.
While several chemicals are regulated by the toy industry, states, and the federal government, some of these chemicals will be allowed to be sold through this holiday season before they are pulled from the shelves in 2009.
In addition to listing the toys that are deemed "best" and "worst" due to their chemical composition, Healthytoys.org also lists ten steps toy manufacturers could take to reduce or eliminate harmful chemicals from their products. Some companies have already taken some of the steps, but there is much more all toy manufacturers could do.
Brooklyn Neighborhood Potential Superfund Site - Monday, December 8, 2008
In the north point of Brooklyn, in a neighborhood called Greenpoint, there is a potential health risk whose size and scope worries residents living there like never before. Though residents who have lived in the community for decades have known about the possible health risks as a result of oil spills from the area's past century of dozens of oil refineries leaking into Newtown Creek, which separates Greenpoint from Queens, toxic gases may be seeping into their basements. There are also concerns about the city's largest sewage treatment plant that has violated federal environmental standards again and again.
While the toxins form the oil refineries goes back over a century, the toxic gases come from the area's manufacturing past, foundries, and dry-cleaning plants. Greenpoint is an immigrant neighborhood that has recently become a magnet for artists and young families because the rent is still affordable, and the area boasts eclectic restaurants and other neighborhood charms.
However, this is where one of the problems lies. While newer residents are more likely to want authorities to do something, older residents are reportedly more resistant. They are worried about their homes being condemned, housing prices collapsing, as well as simple distrust for the government. Perhaps understandable, but also disconcerting if these toxic chemicals are poisoning the occupants of the homes.
Airborne Chemicals Found
The New York State Department of Environmental Conservation began testing the neighborhood in 2005. While 58 homes were chosen for inspection, only 12 residents have allowed their homes to actually be tested. Two of the 12 homes were found to have air contaminated with chemicals used to degrease metal parts and in dry-clean fabrics. Eight other homes found the same chemicals below the foundation. Investigators said though the air in these eight homes was not contaminated, it still could be at some future date.
The chemicals found by investigators include tetrachloroethene, also called PCE or perc, and trichloroethene, or TCE. These chemicals were released into the area by businesses no longer there or who no longer use the chemicals. PCE and TCE exposure can cause headaches, dizziness, and impaired balance. The amount of time and level of exposure to the chemicals can lead to organ damage and increased risk of cancer.
Possible Solution
New York state officials have said the remedy for this is to seal cracks and install a vent system below the foundation or building slab to draw out the contaminated air at a cost of $5,000 to $10,000. This would be paid by the state with the hope of recouping the cost from those responsible. The residents of affected homes would not have to leave while the fix is going on.
While this is a fairly new study whose investigators say needs to continue, residents, environmental groups and the state attorney general all have lawsuits pending against Exxon Mobil for the oil spills. One of the spills was not noticed until 1978 that contaminated 52 acres of commercial and residential property with petroleum. Another spill is believed to have originated with an explosion at a Standard Oil refinery tank in 1950. Other studies point to spills dating as far back as the 1800s.
The Environmental Protection Agency, Gov. Paterson and Mayor Bloomberg have been contacted by the Newtown Creek Alliance asking that the area be designated a Superfund site. The EPA has been assessing the area to see if it qualifies for such a designation.
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