Brightly colored laundry pods sicken thousands of kids each year

Posted on February 8, 2017January 25, 2021 by wmlawyers

Many of the products we buy come with warning labels that can seem unnecessary. Common sense is usually more than adequate when it comes to using a given product safely and correctly. But these labels are nonetheless important.

In many cases, products that are safe for adults might be hazardous or even fatal when in the presence of children or pets. As one example, a surprising number of child injuries in recent years have been attributed to brightly colored laundry detergent pods. Young children often mistake them for candy and try to eat the poisonous products.

A study recently published in the journal “Pediatrics” found that during 2012 and 2013, laundry pods injured or sickened more than 17,000 children under the age of 6. Approximately 80 percent of kids tried to ingest the pods.

The concentrated chemicals in these pods make them much more dangerous than regular laundry detergents. One of the study’s co-authors noted that “sometimes the chemicals get into the eyes, sometimes they are swallowed. And if they are swallowed, they can cause severe burns to the esophagus and the stomach.” Some injuries are mild enough to be treated at home. In other cases, however, children may need to spend two or three days in a pediatric intensive care unit.

So what conclusions should we draw from such data? Obviously, parents have an important role to play in making sure that laundry pods and other dangerous-but-attractive products are not within reach of their young children. But product manufacturers also have a responsibility as well.

In a recent news article, the director of the Johns Hopkins Center for Injury Research and Policy explained that “when you are designing a new product you need to be thinking about the most vulnerable part of the population and how it will interact with the product. In this case, it is kids.” From a product design standpoint, this could mean making the products less colorful and eye-catching. It could also mean designing packaging in such a way that it cannot easily be opened by children – much like most pill bottles these days.

Product manufacturers cannot prevent all injury scenarios in which products are misused by consumers. But they can and should respond to the most common threats, especially those affecting young children.

Source: Today, “Thousands of children at risk from eating laundry pods, study finds,” Linda Carroll, Nov. 10, 2014

Drunk driving accident victim’s family sues driver’s workplace

Posted on February 8, 2017 by wmlawyers

When a loved one is lost in a tragic car accident, many families seek answers about why the accident happened. In cases involving a drunk driver, families may sue for wrongful death. In one case, a California family is suing the workplace of the driver in question, stating the employer could have prevented the accident.

The accident, which occurred in 2012, involved a 31-year-old-man and a 55-year-old woman. According to reports, the 31-year-old man died after his vehicle was struck by the vehicle driven by the women. The woman is currently serving a prison term of 55 years to life for her role in the man's death.

According to reports, the woman was drunk at the time of the accident. She was also a substance abuse counselor who said she was on her way home from work at the time of the accident. Reportedly, the treatment center where the woman worked denied that she was working that day.

Witnesses allegedly report that the woman demonstrated signs of drug or alcohol abuse prior to the accident, including sometimes at the workplace. According to witnesses, the woman occasionally dozed off while in treatment sessions with patients at the facility.

According to the plaintiffs' attorney, the facility reportedly tested clients for drug or alcohol use, but did not test staff members. The plaintiffs are alleging that the facility could have prevented the accident by offering treatment to the woman or letting her go from employment had they paid more attention to her condition.

The facility, in the meantime, reports that the accident occurred long after the facility was closed for the day. A spokesperson also noted that time sheets didn't indicate the woman was working that day.

Families who lose loved ones in such incidents have a right to seek answers and compensation from any entity that could be at fault. Because some burden of proof rests on the plaintiff in such cases, understanding legal options for pursuing a case may help with the final outcome.

Source: Los Angeles Times, "Suit filed against Torrance rehab center in fatal drunk driving case" Ruben Vives, Nov. 20, 2014

Please watch for pedestrians as you adjust to fall time change

Posted on February 8, 2017 by wmlawyers

Humans are creatures of habit and routine. In many ways, this is a good thing. The fact that we can automatize many behaviors saves brain power and allows us to shift focus to other thoughts or activities as needed.

The downside to this skill, however, is that unexpected changes in routine can really throw us for a loop. Your daily commute to and from work is a good example. You may have already noticed this week that your drive home occurred in the dark or while the sun was going down. This was because daylight savings time came to an end and we all set our clocks back by one hour. This sudden change is more than just an annoyance. According to safety experts, it could actually increase your risk of being involved in a car or pedestrian accident.

The National Highway Traffic Safety Administration warns that it usually takes drivers several weeks to adjust to the changes that come with just a one-hour time shift. The evening commute could be especially dangerous because people are driving home with less daylight while children may be walking home from school under the same conditions. Visibility is reduced, which means that everyone needs to be more attentive and cautious when walking, biking or driving.

Until you adjust to the time shift and the corresponding change in daylight, please do your part to make sure that you can see and be seen by others on the road. Although your commute may be a comfortable routine, it is especially important to pay careful attention to your surroundings at this time of year.

Source: TurnTo23.com, “NHTSA says it takes motorists several weeks to adjust to time change,” Mark Christian, Nov. 5, 2014

The role bicyclists play in preventing bicycle accidents

Posted on February 8, 2017 by wmlawyers

Bicycle accidents seem to be a growing problem in major cities like Oakland and San Francisco. And the same is true nationwide. According to the Centers for Disease Control and Prevention, bicycle accidents kill about 1,000 riders each year and send another 550,000 to the emergency room with injuries.

Many of these accidents can be blamed, at least in part, on drivers. They often fail to keep an eye out for cyclists and forget (or refuse) to maintain a buffer zone when passing. But bicyclists also have a role to play, and some critics believe that they need to take more responsibility for their own safety.

A recent opinion piece in the news was written by a woman recounting her experiences in Philadelphia. But the problems she describes regularly occur in cities throughout the United States. She reported being “pretty shaken up” after nearly hitting a bicyclist who crossed her path.

She explained that she had just started pulling into an intersection from a stoplight when a bicyclist blew through his own red light and zipped past the front of her vehicle. He was not wearing a helmet.

Critics of bicyclists frequently complain that they want to be protected and respected, yet they frequently fail to obey traffic laws. Most cities have laws requiring bicyclists to:

Stop at red lights
Stop at stop signs
Wear a bicycle helmet
Ride in the same direction as traffic
Yield to pedestrians
Signal or otherwise indicate turns, when possible

This is not to say that all bicyclists are scofflaws. In fact, many advocates for bicycle safety are very conscientious about obeying traffic laws. But individuals who disobey laws can definitely create the impression that all bicyclists do the same.

If you regularly ride a bicycle, please remember that by obeying traffic laws and wearing appropriate safety gear, you are both protecting yourself and furthering the cause of your fellow bicyclists.

Source: Philly.com, “Bikers, be safe!” Kimberly Garrison, Nov. 5, 2014

Examples of recovery in California commerical vehicle accidents

Posted on February 8, 2017January 26, 2021 by wmlawyers

A commercial vehicle accident often involves a large truck, including vehicles such as semi-trucks and delivery vans. When big, heavy vehicles collide at high speeds with smaller vehicles such as sedans or even motorcycles, the results can be devastating. Individuals who are injured in commercial vehicle accidents or families who have lost loved ones in such incidents have a right to seek compensation for their losses.

Every case is different, but it is possible to receive substantial recovery for losses. Financial recovery can help families pay medical bills, cover living expenses while someone is unable to work due to injury or move forward with life after a period of grief.

One example of a recovery for a California accident victim involved a $650,000 payout. The accident involved a collision with a newspaper truck. The victim involved suffered mild brain injury. In another case, a 40-year-old who was riding a bike was hit by a truck. That case resulted in recover of $400,000.

Recovery can range from a few thousand to millions of dollars. In a case involving a large truck hitting the back of a smaller truck, a 28-year-old man recovered $1 million. That case involved settlements from a variety of defendants after plaintiffs illustrated the man’s traumatic brain injury.

Not every case will have the same results, so it’s important to seek understanding about all options before filing a personal injury case. Professional assistance can help plaintiffs figure out who to name as defendants in a case as well as navigate the legal system and settlement discussions for an increased change of success.

Pursuing justice & compensation after a drunk driving accident

Posted on February 8, 2017 by wmlawyers

You likely need no reminder that Christmas and New Year’s Eve are almost here. While the holidays should be a joyful time, far too many families find themselves grieving. This is because other holiday revelers made the selfish and destructive decision to get behind the wheel after having too much to drink.

Drunk driving is a crime that kills approximately 10,000 people on U.S. roads and highways annually. And the holiday season is an especially dangerous time as rates of drunk driving tend to increase between Thanksgiving and the start of the new year. As drunk driving rates go up, so do drunk driving accident and fatality rates.

The attorneys at Winer, McKenna & Burritt have extensive experience working with victims and the families of victims injured or killed by drunk drivers. Regardless of whether you file a personal injury or a wrongful death lawsuit, we work hard to hold drunk drivers liable for the harm they have caused.

Victims and their families often incur substantial costs as a result of past and future medical bills, lost work and funeral expenses. Our attorneys can help you pursue damages related to these costs as well as damages for emotional distress and, in some cases, punitive damages.

No one wants to think about getting injured or losing a loved one at the holidays. And hopefully, you won’t have to. But if your family has suffered such a tragedy as the result of a negligent drunk driver, it is important to pursue civil justice as well as criminal justice. If you want to learn more about how our law firm may be able to help your family, please visit the driving accident injury claims page on our website.

Takata scrutinized over dangerous compound in its air bags

Posted on February 8, 2017January 26, 2023 by wmlawyers

2014 has been a record-breaking year for auto recalls related to alleged vehicle defects. Among the most recent vehicles being recalled en masse are those containing air bags manufactured by Japanese auto parts manufacturer Takata. These are the air bags with components that can allegedly explode, sending shrapnel into the vehicle and potentially injuring or killing vehicle occupants.

So far, the rupturing air bags have been linked to at least five deaths and injuries in the dozens. And like other recall stories this year, this one keeps getting worse as new details emerge. According to news sources, the use of ammonium nitrate in air bag propellant may have played a central role in the dangerous ruptures. And documents reveal that Takata was concerned about the explosion dangers of this compound as early as 1995. Nonetheless, the company began using ammonium nitrate in its propellant starting in 2001.

In the 1990s, manufacturers of air bags began looking for a compound to replace a widely used one called sodium azide. It was being phased out because it could create toxic fumes. Finding the right propellant was difficult because it had to be able to inflate an airbag in microseconds, it had to be non-toxic and it had to remain stable for the life of the automobile.

Ammonium nitrate apparently meets the first two criteria, but Takata and others have long known that the compound is vulnerable to changes in temperature and high levels of moisture. Considering that Takata air bags find their way into cars sold all over the U.S. and the world, considerations like temperature and moisture stability are difficult ones to overlook. Other major manufacturers of air bags say that they do not use ammonium nitrate in their propellants.

It is unclear exactly how Takata plans to solve a problem affecting tens of millions of vehicles, particularly because it continues to assert that ammonium nitrate-based propellant is safe and stable. What is clear, however, is that this defect is a hazard of epic proportions and will continue to endanger the safety of countless car owners.

Source: The New York Times, “Airbag Compound Has Vexed Takata for Years,” Hiroko Tabuchi, Dec. 9, 2014

Distracted driving lessons go virtual

Posted on February 8, 2017January 26, 2023 by wmlawyers

For most of us who live in and around Silicon Valley, technology seems to be the solution to most of life’s problems. Regardless of your problem, there’s probably a gadget, a widget or an app to help you out.

Of course, technology can sometimes be the problem, as it is in distracted driving. In spite of California’s stringent distracted driving laws and aggressive public awareness campaigns, too many car accidents continue to occur because drivers can’t seem to put down their phones.

Thankfully, there may be a technological solution to this problem as well. A number of companies and auto manufacturers are working on products that teach teenagers the dangers of distracted driving using virtual reality.

As just one example, Toyota’s TeenDrive365 simulator has teens strap on an “Oculus Rift” device over their eyes. While sitting in a real but stationary vehicle, the simulator gives them the experience of trying to drive a car while mitigating common distractions like text messages, conversations with passengers, traffic noises and the car stereo.

A Toyota spokesperson explained that “Oculus Rift provides a virtual reality driving experience that mirrors real life behind the wheel, giving us a powerful, one-of-a-kind way to show parents and teens how everyday distractions can affect their ability to drive safely.” It should be noted that when distractions become overwhelming, users often end up in a virtual crash.

Many similar devices by other companies seem to be in development or are already in use. Hopefully, these devices will become more widely available in the near future. All of us – not just teenagers – could probably use a strong reminder about the consequences of distracted driving.

Source: PC Magazine, “Test Your Teen’s Driving Skills With Toyota, Oculus VR Simulator,” Chloe Albanesius, Jan. 15, 2015

San Francisco wrongful death lawsuit ends in $4 million award

Posted on February 8, 2017January 25, 2021 by wmlawyers

As we have written many times in previous posts, the Bay Area is a dangerous place for bicyclists and pedestrians. Everything from street design to traffic laws tends to favor drivers while putting cyclists and pedestrians at risk. Advocacy groups are working on improving the rights and protections of non-motorized travelers, but progress is slow.

Dangerous drivers who cause fatal bicycle accidents often face no criminal charges. Thankfully, they can be held liable in civil actions, as a recent wrongful death lawsuit demonstrates. Earlier this month, a San Francisco jury awarded $4 million to the parents of a young woman killed by a truck driver while riding her bike.

According to news sources, the 24-year-old victim was commuting to work on a morning in August 2013. The driver of a commercial truck attempted to make a right turn and struck the bicyclist at an intersection in the South of Market neighborhood.

The truck driver did not have a commercial license, but did not legally need one because his truck weighed less than 26,000 pounds. The case against the driver and his company was likely aided by security video footage of the accident showing that the truck driver was at fault.

Large trucks handle much differently than the average passenger vehicle. And when mistakes are made or drivers are inattentive to their surroundings, the results are often deadly.

Whether or not negligent drivers should face criminal charges for causing fatal accidents is likely to remain a subject of heated debate. But at the very least, families of these victims deserve whatever compensation they can legally pursue, which is why wrongful death verdicts like this one are so important.

Source: The Almanac, “Jury awards $4M to family of Menlo School grad killed by truck,” Hannah Albarazi, Jan. 19, 2015

What happens if I am found to be liable for my own injuries?

Posted on February 8, 2017January 26, 2023 by wmlawyers

One of the primary purposes of personal injury litigation is to give plaintiffs an opportunity to obtain compensation for injuries they suffer as a result of the negligence of another party. Building a strong personal injury case, therefore, depends on being able to demonstrate that the other party acted negligently and on connecting that negligence to the plaintiff’s damages.

But what about personal injury cases where the plaintiff was at least partially at fault for his or her own injuries? What impact would that have on his or her damages? Different states have different approaches to this issue, but in California the solution is known as “pure comparative fault.”

Pure comparative fault refers to the legal principle that an injured party may have his or her damages reduced in proportion to his or her own contribution to the injuries, but there is ultimately no bar placed on that recovery. In other words, no matter how much a plaintiff is found to have contributed to his or her own injuries, he or she may still recover some damages from defendants in proportion to their collective contribution to those injuries.

One thing to keep in mind about California law, though, is that defendants may only be held liable for their own proportionate responsibility for non-economic damages, such as pain and suffering. The same is not true for economic damages, though: defendants may be held jointly liable for medical bills, lost wages and other economic losses.

Sorting out liability and damages in cases involving multiple defendants is not always an easy task, and it is important for crash victims to work with an experienced attorney to ensure they receive the best advocacy in their case. Our firm is committed to helping protect the rights and interests of accident victims and achieving a just recovery in their case.