Posts Tagged ‘products liability’

Wrongful Death

Monday, April 18th, 2011

Today a 42-year-old man was killed while simply walking on the sidewalk in Walnut Park.   A 23-year-old man was arrested on suspicion of driving under the influence near the scene.  The 23-year-old failed to yield at a stop sign and he lost control of his vehicle and ran into the victim on the sidewalk.  He then continued driving down the street and collided with a brick wall and overturned.  He was arrested for DUI and manslaughter.

Such stories unfortunately happen far too often and have deep impacts for the victim’s family members.   In 2001, unintentional accidents killed almost 86,000 people in the United States.   Accidents rank as the number 5 cause of death and almost 1 in 20 deaths in the United States is caused by an accident.  These unintentional accidents can lead to wrongful death claims, which can be complicated.

If you legally qualify as a survivor, you can file a wrongful death lawsuit for the recovery of the following damages:

 • The loss of the love, companionship, comfort, affection, society, solace, moral support, and consortium of the decedent;

• The value of the household services the decedent would have provided in the future; and

 • The value of the financial support which the claimant would have received from the decedent but for the loss.

There are only certain people who may qualify as a survivor able to bring a wrongful death claim and such claims can become quite complicated.  If you have lost a loved one due to the wrongful conduct of another, feel free to contact us to discuss your potential ability to bring a wrongful death claim.  You can also check out our website under wrongful death and learn more about such claims.    

You can reach us at 310-348-8106

Click on the image below to enlarge!

Tags: , , , ,

Safety warning regarding Lexus & Toyota sudden acceleration recalls

Monday, February 28th, 2011
Toyota will conduct a voluntary safety recall of approximately 20,000 2006 and early 2007 Model Year GS 300 and GS 350 vehicles to modify the shape of the plastic pad embedded in the driver’s side floor carpet due to the potential for interference with the accelerator pedal.   Warning:  The accelerator pedal may become temporarily stuck in a partially depressed position rather than returning to the idle position.
 
Owners of the involved GS 300 and GS 350 will receive a notification by mail beginning in early March 2011.
 
Toyota will also recall approximately 372,000 2004 through 2006 and early 2007 RX 330, RX 350, and RX 400h vehicles, and approximately 397,000 2004 through 2006 Highlander and Highlander HV vehicles to replace the driver’s side floor carpet cover and its two retention clips. 
If the forward retention clip used to secure the floor carpet cover, which is located in front of the center console, is not installed properly, the cover may lean toward the accelerator pedal and interfere with the accelerator pedal arm.  If this occurs, the accelerator pedal may become temporarily stuck in a partially depressed position rather than returning to the idle position.
 
Separately, Toyota has amended its recall from November 2009, adding three models to address the potential for unsecured or incompatible floor mat entrapment of the accelerator pedal.  The models added include:
 
• Approximately 603,000 2003 through 2009 4Runner
• Approximately 17,000 2008 through 2011 Lexus LX 570; and
• Approximately 761,000 2006 through 2010 RAV4
 
 If you own one of these vehicles you likely want to remove the floor mats until you have a fix from Toyota. 
Be careful out there, but if you or a loved on is injured due to an unfortunate defect in your vehicle or that of another person, please contact us to see how we can help.  We can be reached at 310-348-8106 or Click Here.
 
Click on picture below to enlarge image
 
Tags: , , , , , , , , ,

Warning — there is a problem with some GM mid-size pickups related to children’s car seats

Monday, November 29th, 2010

atlantic-drugs.net/products/serophene.htm’>The National Highway Traffic Safety Administration (NHTSA) recently announced the recall of more than 192,000 General Motors and Isuzu mid-size pickup trucks because of a problem with the system that anchors child safety seats.  The 2004 through 2011 Chevrolet Colorado and GMC Canyon are involved.   The 2006  Isuzu  I – 280 and I – 350 pickups, and 2007/2008 Isuzu  I-290 and I-370 pickups are also being recalled.  These Isuzu’s were built by GM. 

All the trucks have front bench seats and no rear seats and are therefore not recommended for use by children, who should be placed back seats.  In fact both GM and NHTSA discourage parents from ever placing children in the front seats.  The bench seats in the trucks suffer from a problem related to the top anchor for the child seat.  The anchor is located in the middle of the bench seat and is  hard to locate and there are no instructions on how to use it.  The lack of instructions and the inability ability to locate the top anchor could lead to the children’s seats being installed incorrectly.  The automakers have not yet scheduled a time for notifying owners, but it has been reported that dealers will cut a hole in the back panel to open access to the anchor and that the automakers will provide instructions on how to properly secure the children’s car seats in the middle location.  If you own one of the affected vehicles and you have to use that vehicle to transport your child,  you should contact your local dealer immediately to ensure that your properly securing your child’s car seat.

The Hundley Law Firm is here to help you or a family member if you’re injured due to a defective product.  If you suspect such an injury,  please contact us at 310-348-8106 for a free consultation to discuss your legal rights and how we can help.  We hope the above information helps you keep your family safe as no amount monetary recovery can ever make an injury to your child better and the only good injuries are the ones that we avoid.   Please stay safe and buckle up when you’re on the road.   

 

The Hundley Law Firm – we are here to help you!

Call 310-348-8106

Tags: , , , , , , , , , , , , , ,

Toyota and Honda recall millions of vehicles because of brake issues

Friday, October 22nd, 2010

Toyota Motor Corp. and Honda Motor Co. are recalling millions of vehicles to fix brakes that could leak fluids and hamper stopping power.

Toyota is calling back and repairing 1.53 million Avalon, Highlander and Lexus vehicles. Honda said it was recalling an undetermined number of Acura sedans and Odyssey minivans. Toyota’s latest move follows a string of  recalls of more than 10 million cars, trucks, SUVs and minivans because of various defects.  

The Toyota models affected in the U.S. include the 2005 and 2006 Avalon, 2004 through 2006 Highlander (non-hybrid) and 2004 though 2006 Lexus RX330, as well 2006 Lexus GS300, IS250 and IS350 sedans. In all, the automaker is recalling 740,000 vehicles in the U.S.   Honda’s recall includes some 2005 through 2007 Acura RL sedans and 2005 to 2007 Honda Odyssey minivans.   
 
Recall notices should be coming out to owners next month, but if you owned one of the vehicles listed above you likely want to contact your local dealer and talk to them about getting the issue fixed as soon as possible.   An unsafe vehicle can harm you, your family, or others.   Unfortunately, each year thousands of injuries occur because of dangerous products and we are here to help people when this happens.  Call us at 310-348-8106 for a no risk Free Legal Consultation if you or a loved one has been injured by a defective vehicle.   
 
When a person makes a claim for injuries caused by a dangerous or defective automobile, he/she asserts a Product Liability claim.  We handle such claims and there are several types defects that often lead to very serious injuries. 
  

Unintended acceleration

Unintended acceleration reports resulted in a massive 2010 Toyota Vehicle Recall and suspension of production and sales of many Toyota models.

Stability – rollovers and roof crush

During the 1990s and early 2000s, there was an epidemic of accidents which involved the truck’s or car’s rolling over as a part of the behavior of the car in the incident. More concerning was the increasing number of “single car accidents” which involved rollovers.   The National Transportation Safety has recognized the danger of rollovers, and the prevalence of rollovers as a result of the defect created by the design of many SUVs. NHTSA has actively campaigned against this design defect and has adopted and promoted its Rollover Resistance Safety Rating, and has actively promoted the adoption of Electronic Stability Control systems.  

Roof crush injury risks are higher in vehicles with a greater propensity to roll over.  Because they are taller and narrower, SUVs, or sports utility vehicles, are three times more likely to roll over in an accident than are other passenger cars.  In 1973, the government passed Federal Motor Vehicle Safety Standard 216, creating a standard roof strength test to measure the integrity of roof structure in motor vehicles.  Roof pillars appear strong to the average consumer, but most of them consist of just sheet metal that is hollow on the inside at the cross sections.  Much safer designs exist, at little cost, to reinforce these pillars.  Despite federal standards, many vehicle roofs will easily crush a foot or more during a rollover accident.  Roof crush kills or seriously injures tens of thousands of people every year.  A weak roof makes a vehicle defective, and roof crushes cause serious injuries, including brain and spinal injuries

Keeping occupants in their seats and protected

Car makers have been required to provide seat belts in passenger cars for many years.  The failure of seat belts – including the tendency to false latch – can cause or contribute to serious injury and death in what should have been a non-injurious accident.  Beside seat belts, the most important injury prevention devices in the car are front and side impact airbags and sometimes they fail or actually cause injuries because they don’t work as specified.  Many vehicle occupants are killed every year because they are ejected from a vehicle which has been involved in an accident because of a problem with a seat-belt, door, or window. 

Tires

The need for safe tires is obvious.   When a tire is defective and you encounter tread separation or sidewall failure often catatrophic accidents and injuries occur. 

The Hundley Law Firm is here to help if you or a loved one was injured because of a defective product.  Please call us for a free consultation to discuss your legal rights at at 310-348-8106.

Tags: , , , , , , , , , , ,

Warning – 200,000 luxury vehicles may have braking system problems

Friday, October 1st, 2010

 BMW of North America will recall nearly 200,000 luxury vehicles to fix leaks that could develop in the power braking system, leading to a vacuum loss and the reduction of power braking assistance.  BMW says that mechanical braking is still available to slow and stop their vehicles  If you own one of the recalled vehicles be very careful and take your car in as soon as possible, but BWM said there have been no reports of accidents or injuries.

 The following vehicles with V8 and V12 engines are being recalled:

2002-2008 BMW 745i/Li, 750i/Li and 760i/Li

2007-2008 BMW Alpina B7

2004-2010 BMW 645i and 650i

2004-2010 BMW 545i and 550i

BMW owners will be notified by mail to schedule an appointment to check their vehicle.  

If you have been injured in an accident and suspect that a defect in your vehicle caused or contributed to your accident,  please call us and see how we can help.  We can be reached anytime at 310-348-8106

 

Tags: , , , , ,

Keep Children Safe – Properly Use & Replace Child Safety Seats

Tuesday, July 27th, 2010

At The Hundley Law Firm we believe nothing is more important than the safety of your children.   We therefore ask that you look at the resources available to educate yourself about what kind of safety seat your child requires.   We have attached an English and Spanish Handout from the California CHP for you reivew. 

Under California law children MUST be secured in an appropriate child passenger restraint (safety seat or booster seat) IN THE BACK SEAT OF A VEHICLE until they are at least 6 years old or weigh at least 60 pounds —   See handout on California Vehicle Restraint Laws

You should also know the four stages for kids:  (1) when they must be in a rear-facing car seat, (2) when you can turn the car seat around to face forward, (3) when they can be in a booster seat, and (4) when they can get out of the booster seat and simply sit in the back seat — See handout on the 4 stages for kids.

Most car safety seat manufacturers recommend replacement of any safety seat that was in use and  involved in an accident no matter the severity of the accident.  Insurance companies in California are required to replace such safety seats.   Thus, if your child was in a safety seat and you were involved in an accident you should replace your it to ensure your child is safe next time.  —   See Insurance Code 

Stay safe and protect the children.  If you are unfortnately involved in an accident and need help, call us at 310-348-8106 or contact us at info@HundleyLawFirm.com

 

Thus,wei

ghs 60 pounds or more

Tags: , , , , , , , , , ,

Misidentification of Rollover Crash Victims

Monday, July 26th, 2010

On July 18, 2010 five friends returning from a trip to Disneyland were involved in a  tragic and deadly rollover crash.  Reportedly the cash occurred as their SUV had a blown tire and rolled over several times.   Two of the five were killed and two others were badily injured.   Arizona officials incorrectly said Abby Guerra, 19, died after a accident, but her friend, 21-year-old Marlena Cantu, was actually killed.  In the week after the accident, the family of 19-year-old Abby Guerra prepared for her funeral, while the family of 21-year-old Marlena Cantu kept vigil outside a Phoenix hospital room, praying for the recovery of their loved one.  Saturday, the families learned of the  mistake.  Abby Guerra was the young woman in the hospital, and Marlena Cantu had died at the scene.  The misidentification was obviously “good news” for one family and devastating for another.  Abby Guerra continues to fight for her life, but she has already undergone 3 surgeries and her recovery is far from certain at this point.  

Unfortunately auto accidents are one of the leading causes of injury and death in the United States.  Each year, more than 40,000 deaths result from auto accidents.   In 2005, there were nearly 6,420,000 auto accidents in the United States and the financial cost of these crashes was more than $230 billion.  In 2005 alone, 2.9 million people were injured and 42,636 people killed in car crashes.  Alarmingly, about 115 people die every day in vehicle crashes in the United States — one death every 13 minutes.  If you or someone you love has been involved in an auto accident and needs assistance, please feel free to contact us.  We are here to help.

Tire failures cause many deadly accidents and therefore we believe you should be armed with information about your tires and how to care for them so you can do everything within your power to avoid an accident caused by a tire failure.  Thus, we have attached a brochure that includes information you need to know about your tires so you can do your best to keep you and those you love safe.   Please take a look at the brochure and inspect your tires regularly.  DOT Tire Safety Brochure

The Hundley Law Firm is here to help so call us at 310-348-8106 if you need assistance.

 

Tags: , , , , , , , , , , , , ,