« 1 ... 20 21 22 23 24 25 26 27 28 29 30 31 »
blog_banner_img

Product Liability Claims

Product Liability Claims

by Bret Schnitzer

 

schnitzerlawlogo

Handling product liability claims is a specialized area of personal injury that we have been doing for over 25 years. We have handled many product liability claims from Industrial press injuries resulting in crush injuries and amputations to defective car seats resulting in serious injuries and fatalities. We have brought actions against well know corporations like General Electric for design defects in washing machine safety switches resulting in severe injuries to children. We have sued industrial band saw manufacturers for improper guarding. We have sued Ford and General Motors and other automobile manufacturers for defective design and roll over cases involving serious injuries or death. We have sued Great Dane Trailer manufacturer and Mack Truck Manufacturer for design defects in their truck and trailer access systems.We have sued numerous Press manufacturers and industrial machinery companies for design defect. We have significant experience in Product liability litigation in Michigan. Our offices continue to get substantial recoveries and verdicts in Product liability where other firms have given up. If you have a possible product liability case which has resulted in a serious injury we would like to speak to you. Call us for a free consultation at (313) 389-2234. We can help and you will be glad you did.

Industrial Machinery And Injuries At Work.

Poorly designed industrial machinery and defective machines can lead to severe injuries to workers who do not fully appreciate their potential dangers. The pinch points of industrial machines are supposed to be properly guarded. There are ANSI standards that require specific guarding. Even, so there are cases where the manufacturer failed to meet ANSI standards even today. Without warning a worker can , lose a limb or suffer fatal injuries. Most Michigan workers have recourse through the employer’s worker compensation program. However, if an injury is caused by a defective machine, then a potential product liability case may exist against the manufacturer and seller of the equipment. Since Michigan Workman Compensation only pays 70% of the wages and medical, it is important to look to third party manufacturers to get proper compensation for your work related injuries.

When designing machinery, industry engineers who are concerned about safety generally implement a basic “design guard, warn” hierarchy. If the hazard can be removed through an improved design, that is likely the best solution. If the hazard can not be corrected through design, then guards should be put in place to protect the worker. If that is not possible, then proper warnings should be placed in the proper locations warning the user of potential hazards.

Here are some of the most common workplace hazards:

Explosions/Fires – There can be many causes, including a defective circuit breaker or machine that overheats that leads to a fire or explosion. In such case a fire cause and origin expert should be contacted immediately.

Pinch Points – Where the wheels or conveyors intersect can grab a workers arm, hair or loose clothing into moving machinery causing serious if not fatal injuries.

Crush Areas – Areas where two parts of machinery collide, i.e. an industrial press.

Defective Hospital Equipment

Examples of defective medical equipment include: prosthetic implants that fail, ventilators that fail to properly breathe, defective anesthesia equipment, faulty vital sign monitors. There are also numerous accounts of defective medical devices including pace makers, artificial hips. artificial knees and others.

Child Injuries-defective toys

According to the Center For Child Injuries 156,400 children, under the age of 14, were treated in the emergency room for toy-related injuries in 2009. Of those injuries, 6,354 required hospitalization. Defective and poorly manufactured toys are entering the marketplace and can cause serious injuries to small children that play with them. With this in mind, it is essential that the toys our children play are safe. If the price is too good to believe that may be a marker that the product was made cheaply and using unsafely.

Here are some common toy hazards to consider:

lead based paint, can lead to lead poisoning
small pieces, can pose a choking hazard
long strings or rope, may pose a strangulation hazard

Defective Consumer Products

Most people fail to consider the safety of everyday consumer goods, from appliances to toys, tools and other common household products. But, design defects and manufacturing defects can make even ordinary everyday items dangerous and sometimes deadly. We recently represented and settled cases for victims of the Wego Kite Tube which was recalled by the Consumer Product Safety Commission after numerous fatalities and severe injuries occurred. We have sued for defective designs in appliance such as washing machines and dryer causing child injuries. While manufacturers are required to meet safety guidelines outlined by the Consumer Product Safety Commission (CPSC), thousands of products are recalled each year due to faulty parts and safety concerns.

Share and Enjoy: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Facebook
  • Google Bookmarks
  • LinkedIn
  • Twitter
  • Weblinkr
blog_banner_img_2

DOT Truck Driving Regulations

DOT Limits Truckers Drive Time Per Week But Not Per Day

by Bret Schnitzer

schnitzerlawlogo

Sleep deprivation and being tired accounts for both traffic accidents and fatalities. Studies have long established that being overly tired can both slow reaction time and affect a truck operator much in the same manner as being intoxicated or under the influence of medication. The risk of falling asleep at the wheel is also very real for a truck driver who has had significant sleep deprivation. Often times it is the trucking company that is responsible for pressuring their drivers to push their boundaries of endurance in this regard. Consequently, There has been an ongoing push to establish more stringent DOT regulations to limit the number of hours per day and hours per week that truckers can be allowed to operate their trucks. These safety concerns are very real and do dramatically impact peoples lives in very significant ways.

We all know how devastating a truck accident can be. As Truck Accident Injury Attorneys we are well versed in the DOT regulations for truck drivers and pay very close attention to whether there was full compliance with those DOT regulations when representing clients whose injury results from a truck accident. Many times we have established Truck driver liability through a violation of a DOT regulation. Here is a link to the DOT regulations for truckers. These DOT regulations often play a significant role in proving that a trucking company is responsible for an accident. We have also established responsibility for a trucking company without a DOT violation as well under a violation of Michigan traffic laws and/or general negligence. We have been handling Truck related accidents for over 25 years. Call us for a free consultation at (313) 389-2234. You will be glad you did.
_____________________________________________________________________________________________________________
Reprint of News Article pertaining to DOT Truck Driving Regulations

Federal transportation officials in December 2011 announced new scheduling rules for truck drivers that put a cap on how many hours they could work per week, but not on the number of hours per day, which safety advocates had been pushing for.

The changes, announced by the Federal Motor Carrier Safety Association, come a day after the Department of Transportation finalized new scheduling rules for pilots. FMCSA said Thursday that its new rules for truckers would limit the number of hours a driver could work to 70 per week.

Under the old rules, FMCSA officials said, truckers could drive 82 hours per week.

Transportation Secretary Ray LaHood said the new rules rules were another important step toward improving transportation safety.

“Trucking is a difficult job, and a big rig can be deadly when a driver is tired and overworked,” LaHood said in a statement. “This final rule will help prevent fatigue-related truck crashes and save lives. Truck drivers deserve a work environment that allows them to perform their jobs safely.”

Safety advocates has pushed transportation officials also to place a limit on the number of hours truckers could drive each day. The new rules require truckers to take a break of at least 30 minutes for every eight hours they drive, but they maintain a daily 11-hour limit on driving.

the Arlington, Va.-based Truck Safety Coalition called the unchanged daily limit “dangerous.”

“This rule will not come near addressing the widespread problem of fatigue in the trucking industry,” Ed Slattery, whose wife was killed in an accident with a trucker, said in a statement released by the organization.

“A 70-hour workweek still exceeds most Americans’ schedules by 30 hours per week, or 1,560 per year, and most Americans do not control an 80,000-pound vehicle and have the fate of others near them in their control,” he said.

The new rules were also met with skepticism by the commercial retail industry, which relies heavily on trucks to ship goods. The Retail Industry Leaders Association, also based in Arlington, said the new requirements would “increase highway congestion and increase the cost of moving goods via trucks.”

“Rather than encouraging greater efficiency, the new hours of service regulations will increase transportation costs, congestion and pollution by funneling more trucks onto the road at peak driving times,” RILA vice president for government relations Kelly Kolb said in a statement.

“Supply-chain optimization is the bread and butter of America’s most successful retailers,” Kolb continued. “Their ability to move goods efficiently has changed the retail landscape and benefited consumers by reducing prices and increasing product assortments. The new hours-of-service rule will upend the advances in efficiency made over the past decade.”

Sens. Frank Lautenberg (D-N.J.) and Jay Rockefeller (D-W.Va.) have introduced a bill to address trucker safety, the Commercial Motor Vehicle Safety Enhancement Act. The measure would require on-board recording devices like airplanes have to assist accident investigations and give the FMCSA more authority to penalize “reincarnated carriers,” or companies that resume service under a different name after being shut down by regulators.

Lautenberg said in December 2011 that he supported the rules released by the DOT Thursday, but that he would keep pushing for his bill.

“Trucks are an essential part of our transportation network, but we must work hard to ensure safety never takes a backseat,” he said. “This rule is an important step that shows we are gaining on the issue of fatigue-related crashes, but more needs to be done and I remain concerned by the number of hours per day that drivers can be on the road.”

Lautenberg added that truckers had a responsibility for safety too.

“If drivers are not fully alert, they should not be behind the wheel,” he said Thursday. “We must make sure that only the safest drivers are on America’s roads, and I will continue fighting to pass my truck safety bill.”

Share and Enjoy: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Facebook
  • Google Bookmarks
  • LinkedIn
  • Twitter
  • Weblinkr

Schnitzer Law Video

Schnitzerlaw Video

by Bret Schnitzer

The Serious Auto Accident Attorneys have a track record of results that prove we should be the attorneys in your corner. Call us for a free consultation. (313) 389-2234

Share and Enjoy: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Facebook
  • Google Bookmarks
  • LinkedIn
  • Twitter
  • Weblinkr
Pages: Prev 1 2 3 ... 21 22 23 24 25 26 27 28 29 30 31 Next