Long Island, Manhattan Accident Attorney Blog

Defective Car Cases

When attempting to show a car manufacturer or seller’s liability for
a car defect, you do not need to show that they were careless. Unlike
personal injury claims that are based on negligence, liability in car
defect cases is controlled by strict liability. Regardless of the
steps a manufacturer says it takes in creating or handling a car, you
can make a strict liability claim based on a car defect if certain
conditions are present:

1) The car had an unreasonably dangerous defect that harmed you. The
defect may arise from either the car’s design, during handling,
manufacture, shipment, or through a failure to warn consumers of a
dangerous aspect of the car.

2) An injury arose from the defect, while the car was being used properly.

3) There were no substantial alterations to the car from its
original condition when sold.

Manufacturer Defenses

The car manufacturer and the seller may have a defense to your strict
liability claims, particularly if you have owned the car for some
time, if it can be shown that you knew about the defect but continued
to use the car anyway. This can be established through either the
car’s condition or from your description of the use of your car. In
some states, a manufacturer or seller may also be able to defend
against your lawsuit under the theory that your contributory or
comparative negligence was the cause of your injuries.

Punitive Damages

There has been an increasing trend in car liability of
awarding more punitive damages for those who have successfully brought
a claim against a manufacturer or seller. These punitive damages
awards are above and beyond damages to compensate a plaintiff for his
or her injuries, and can range into tens of millions of dollars in
certain instances. Punitive damages are intended to punish
manufacturers and encourage them to fix defects that have resulted in
injury. Traditionally, car manufacturers have engaged in what is known
as a “cost-benefit” analysis when deciding whether to change a
potentially defective design. In this process, the manufacturer will
calculate the cost of implementing a design change, and weigh that
cost against the potential cost of litigation and settlement after the
defect causes injuries. Punitive damages are often awarded in order to
add to the potential costs a manufacturer will face if it decides not
to fix a design defect, thus shifting the cost-benefit analysis toward
the elimination of defects.

Defective Car Cases

When attempting to show a car manufacturer or seller’s liability for a car defect, you do not need to show that they were careless. Unlike personal injury claims that are based on negligence, liability in car defect cases is controlled by strict liability. Regardless of the steps a manufacturer says it takes in creating or handling a car, you can make a strict liability claim based on a car defect if certain conditions are present:

1) The car had an unreasonably dangerous defect that harmed you. The defect may arise from either the car’s design, during handling, manufacture, shipment, or through a failure to warn consumers of a dangerous aspect of the car.

2) An injury arose from the defect, while the car was being used properly.

3) There were no substantial alterations to the car from its original condition when sold.

Manufacturer Defenses

The car manufacturer and the seller may have a defense to your strict liability claims, particularly if you have owned the car for some time, if it can be shown that you knew about the defect but continued to use the car anyway. This can be established through either the car’s condition or from your description of the use of your car. In some states, a manufacturer or seller may also be able to defend against your lawsuit under the theory that your contributory or comparative negligence was the cause of your injuries.

Punitive Damages

There has been an increasing trend in car liability of awarding more punitive damages for those who have successfully brought a claim against a manufacturer or seller. These punitive damages awards are above and beyond damages to compensate a plaintiff for his or her injuries, and can range into tens of millions of dollars in certain instances. Punitive damages are intended to punish manufacturers and encourage them to fix defects that have resulted in injury. Traditionally, car manufacturers have engaged in what is known as a "cost-benefit" analysis when deciding whether to change a potentially defective design. In this process, the manufacturer will calculate the cost of implementing a design change, and weigh that cost against the potential cost of litigation and settlement after the defect causes injuries. Punitive damages are often awarded in order to add to the potential costs a manufacturer will face if it decides not to fix a design defect, thus shifting the cost-benefit analysis toward the elimination of defects.

It's Better to Be Sure: Get OBEL Coverage on Your Insurance

What if the accident is really bad?

What if you are out of work for a few weeks?

What if the medical bills and property damage go over the coverage limits of your policy?

In New York, policyholders have the option to purchase Optional Basic Economic Loss coverage, or OBEL for short.

What OBEL does is provide up to $25,000 worth of coverage above the $50,000 no-fault minimum requirements. In the event that your initial coverage is exhausted, OBEL coverage not only supplies you with more money, but also covers any passengers or pedestrians that were injured in the accident.

What is also important about OBEL coverage is that you get to decide how that extra $25,000 will be spent. That is much better than the options that you have with just the basic New York no-fault coverage.

Talk to your insurance provider about OBEL coverage today.

If you or a loved one has been injured in a New York car accident, contact Rappaport, Glass, Greene and Levine for a free legal consultation today.

Kugel Mesh Hernia Patch Recall

The popular Bard Composix Kugel Mesh Hernia Patch has been linked to serious, life-threatening side effects and has been voluntarily recalled by its manufacturer and in association with the U.S. Food & Drug Administration (FDA).

On January 8, 2008, a Federal Court judge expanded the scope of current hernia patch lawsuits to include all Davol/Bard Marlex/Teflon patches, with or without "memory recoil rings."

As early as August 2001, Davol began receiving reports of complications and failures of its hernia mesh patch. These reports advise of bowel obstructions, adhesions, constipation, and fistula resulting from implantation of Composix Kugel® Mesh Patches. The reports also contain descriptions of problems other then memory recoil ring breakage including, "buckled mesh," "patch shriveling" and "edges curled up," as well as descriptions of the mesh as being "crumpled," "wrinkled," "rolled up," "delaminated" and "folded."

What is the Kugel Patch?

The Kugel patch is used to repair Inguinal, Ventral and Laparoscopic hernias. In the more common Ventral or Incisional hernia, the patch is placed behind the hernia defect through a small incision. The patch is then held open by a "memory recoil ring" that allows the patch to be folded for insertion and later spring open and lay flat once it is in place.

Timeline - Why was the Kugel Patch Recalled?

In three (3) separate product recalls, Davol Inc. and its subsidiary C.R. Bard Inc. in association with the FDA initiated a voluntary recall of the Kugel patch. The dates for the specific recalls are as follows:

December 22, 2005

March 31, 2006

January 24, 2007

The recall of the hernia patch was initiated because the "memory recoil ring" that opens the Kugel patch can break under the stress of placement of the large sized products in the intra-abdominal space.

What are the Side Effects?

The memory recoil ring defect in the hernia patch can lead to serious, life-threatening side effects. The side effects of a defective patch are as follows:

bowel perforation;

bowel obstruction;

chronic intestinal fistulae (abnormal connections or passageways between the intestines and other organs);

serious infection; and/or

death.

Signs of a Problem

Toddlers and Toxic Substances

No parent would let their child play with a can of drain opener.

But the impact that more "ordinary" household cleaners, sanitizers and other substances can have on the metabolism of small children should NEVER be overlooked. The reasons are simple and various:

- Underdeveloped immune systems in children

- Smaller concentrations of toxins have greater effect on their smaller body mass

- They tend to put EVERYTHING in their mouths and noses---from their fingers to toys, clothing, baby wipes, etc.

- Direct contact with carpet and upholstery, leading to exposure to cleaning fluids

- More exposure to caustic/abrasive bathroom cleaners used in tubs/bathrooms

One recent observation I have made is that many types of cleaning products are now made in "disposable wipe" form----like furniture wipes, bleach-containing cloths, Armor All, hand sanitizer----you name it. I guarantee you a toddler will not discriminate between an "Anti-Dust Formula Pledge Wipe with Allergen Trappers and the Natural Beauty of Lemon" and one of their own baby wipes if the polishing wipe is carelessly left hanging around. Of course, while it is probably not a good idea for a toddler to put either one in their mouth, I'm not sure what an "Allergen Trapper" really is, and I am reasonably certain that the beautiful 'lemon scent" is anything but natural. So take care how these seemingly harmless household products are used where small children will be present.

Top Ten Dangerous Toys of the Past Year

To help parents with the purchase of toys that are not only fun to play with but are safe for use, the nonprofit organization World Against Toys Causing Harm Inc. (WATCH) has issued its list of 10 toys that it considers dangerous enough that parents should exercise caution when allowing their kids to play with them.

Inflatable Giga Ball: Watch notes that this inflatable ball that kids can crawl into, tumble around, and bounce in could cause potential impact and serious injuries.

Sportsman Shotgun: This toy is made by Parris Manufacturing Co. and comes with rubber bullets that could cause eye injuries.

Animal Alley Purse Pet: WATCH is concerned that the hair on these, dolls made by Geoffrey Inc./Toys ‘R’ Us, can easily be removed and swallowed by kids, potentially causing aspiration and ingestion injuries.

Go Go Minis Pullback Vehicle: Made by Kid Galaxy Inc., WATCH is concerned that the toy truck’s back tires might come off and pose a choking hazard.

Spider-Man Adjustable Toy Skates: While Street Flyers LLC recommends that kids use knee pads, elbow pads, helmets, and wrist guards to prevent impact injuries, only the pads come with the skates.

Walk’n Sounds Digger the Dog: The toy’s dog leash is 2 inches longer than the toy industry 12-inch limit and may cause strangulation or entanglement injuries. This product is made by Hasbro/Playskool.

Pucci Puppies - My Own Puppy House Golden Retriever: This Battat Inc. toy comes with small parts that can pose a choking hazards to kids.

Meadow Mystery Play-A-Sound Book With a Cuddly Pooh: The Disney Pooh’s mask could pose a choking hazard to children if removed.

Extreme Spiral Copters: This slingshot-like toy can potentially cause eye injuries. Made by Toysmith Group.

Peanut Butter Salmonella Recalls Include Little Debbie Snacks

Little Debbie snacks are the latest peanut butter-containing foods to be recalled amid a nationwide salmonella outbreak. The outbreak has been linked to a Peanut Corporation of America (PCA) facility in Georgia which supplies peanut paste and peanut butter to 85 other food companies. Little Debbie joined a growing list of companies that recalled snacks over the weekend. Meanwhile, the Food & Drug Administration (FDA) is warning consumers to avoid eating any foods that contain peanut butter.

According to the Centers for Disease Control (CDC), the outbreak strain of Salmonella Typhimurium has sickened 474 people in 43 states. At least six have died. Nearly a quarter of those sickened have required hospitalization, the CDC said.

Peanut butter became the prime suspect in the salmonella outbreak after the bacteria was found in an opened 5-pound container of King Nut peanut butter made by PCA. That prompted both King Nut Company and PCA to recall peanut butters made at the plant, including those sold under the King Nut and Parnell’s pride labels.

Last week, the salmonella found in the King Nut peanut butter was confirmed to be the outbreak strain, and late Friday, investigators announced they found salmonella in peanut butter at PCA’s Blakely, Georgia facility. That plant has since been closed pending further investigation. In addition to peanut butter, the PCA factory also makes peanut paste, an ingredient in everything from baked goods to sauces.

The announcement set off an avalanche of recalls which are sure to continue in the coming days. Kellogg Company was the first to issue a snack food recall on Friday evening. The company is recalling several varieties of Keebler and Austin snack crackers as cookies, as well as Famous Amos cookies made with peanut butter.

Yesterday, McKee Food Corporation recalled all sizes of Little Debbie Peanut Butter Toasty sandwich crackers and Little Debbie Peanut Butter Cheese sandwich crackers. According to a McKee Food press release, those crackers were also made by Kellogg.

As a precaution, the FDA is urging consumers to avoid all snacks containing peanut butt or peanut paste until the salmonella investigation is complete. However, the agency said most peanut butter sold in jars at retail stores appears to be safe. PCA peanut butters are sold in bulk to food service firms and institutions.

More Drivers Driving Without Car Insurance

Americans have been seeking ways to cut their spending in these tumultuous economic times. One of the biggest cost casualties has been car insurance. The number of uninsured motorists nationwide has doubled in the past year from 10% to 20%, according to the online agency Insurance.com.

"Money is a little tight with people, and they decide if they need to skip on something, they'll let their insurance lapse," said Sam Belden, Vice President of Insurance.com. "It's directly attributable to the economy," he added. "And it's exacerbated by premiums also rising over the past year. When people are squeezed the most, the insurance rates are also going up."

Belden said insurance premiums have increased by 6 or 7 percent this year.

The Insurance Research Council, a group funded by the insurance industry, is expected to release a study next month showing that several hundred thousand drivers dropped their insurance in 2008, partly because of the economy and jobless rate. About 40 percent of callers who followed up on online applications this year let their policies lapse, up from 10 percent a couple of years ago.

David Corum, vice president of the council, said the study shows that a single percentage point increase in unemployment is associated with a half-point increase in uninsured drivers. Despite the hike in rates and the stumbling economy, Belden said policyholders should never let their coverage lapse. Drivers who let their policies lapse usually must pay up to a 50 percent surcharge for a new policy.

Belden said drivers should talk to their agents about various payment options suited for their income. "If you pay once every three months, the amount may look absurd," Belden said. "You can move to monthly payments to even it out. If it gets too desperate, some insurance companies take partial payments at a time. If all else fails, maybe you're with the wrong company. There's a lot of rate variation between the insurance companies out

It's Winter!!!! Be Safe-----and Make It Safe for Others......

Here in the New York City area we are getting our first dusting of snow. Last night, I begrudgingly and with Scrooge-like scowls trudged into my basement to bring up a bucket of salt for my walks and paths. It got me thinking......

Please be careful driving, and remember that when bad weather and icy conditions hit, it is not a good idea to speed up so you get to your destination sooner. Unless, of course, you like the idea of having your last name changed to "Defendant."

Pack up some kitty litter in your car (for traction) if you get stuck in snow, along with a collapsible shovel. If you find yourself stuck in the snow, spinning your wheels is like...uhh.....well......spinning your wheels. You will just get stuck deeper. Turn your front tires to the left and right to help clear as much snow away from the wheels as you can, and use your handy shovel to clear the rest. The kitty litter (or sand) will help the tires grab and get you out.

Next time you stop for gas, pick up an extra gallon of winter windshield fluid and keep it in the car. You never realize the reservoir is empty until you have freezing sleet in front of your face. Opening the widow and trying to wipe your windshield clear with your left hand while driving on I95 is not recommended by AAA. (You know who you are.)

Ice scraper is a must. Lock de-icer is a good idea, but most people I know keep it inside their car. (???) The few times I had trouble opening a frozen car lock, I used a cigarette lighter to heat up the key and then placed it in the lock. Of course, those were the "good old days" when everybody smoked, and we actually had metal keys instead of things that look like mini-phasers from Star Trek. Progress.

In addition to the obvious "slow down" advice, leave extra room between your car and others for extra stopping distance.

And the best advice: when it gets to the point where you need a push broom to get the snow off your car, and boiling water to melt the glacial ice off the windshield, go back inside and make yourself a hot toddy. Or, to quote that immortal sage Ed Norton: "Pack up and move to Florida!"