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Troublesome Toys November 28, 2008

Posted by Attorney Jonathan Groth in FAQ Personal Injury, Personal Injury Law.
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The United States Public Interest Research Group released a study entitled “Trouble in Toyland.” 

What caught my eye was the discussion of chemicals in our kids’ toys. 

Toxic phthalates: Numerous scientists have documented the potential health effects of exposure to phthalates in the womb or at crucial stages of development, including (but not limited to) reproductive defects, premature delivery, early onset of puberty and lower sperm counts. Effective February 2009, the CPSIA bans toys that contain concentrations of more than 0.1 percent of a toxic chemical called phthalates. PIRG found toys that contained concentrations of phthalates of up to 40 percent.

So what can you do to avoid these chemicals.  I previously wrote about BPA in baby bottles, cups and dishes.  Along with the advice from that blog I recommend you read PIRG’s study.  In part:

Avoid toys made of PVC plastic; which often contains phthalate softeners. Choose unpainted wooden or cloth toys instead. Read the labels of play cosmetics and avoid products with xylene or toluene or phthalates. All of these pose hazards, especially to developing children’s small bodies.  

Jon Groth is a Wisconsin Personal Injury Attorney handling cases throughout Wisconsin and most recently in West Allis, Sheboygan,  Plymouth,  and  Germantown.

If you’d like to submit a question or case please complete a case submission form.

Worse than Drunk Driving? November 27, 2008

Posted by Attorney Jonathan Groth in Wisconsin Auto Accidents.
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According to a recent story by Milwaukee’s ABC affiliate teens who drive while texting have a reaction time that is worse than those who are under the influence of alcohol or marijuana:

A study found that reaction time for teens who text as they drive slows by 35 percent, which is worse than if they were under the influence of alcohol or marijuana.

According to the report 46% of teens admit to driving while texting.  Knowing teens, because I was one once, my guess is that number is low.

Senator Lasee will introduce a bill in January 2009 calling for fines for offenders and even jail time if someone dies because of a texting driver. This legislation failed last year.

Teen drivers need to consider the consequences of their actions.  Depending on the facts of the collision I don’t think verdicts including punitive damages against texting drivers are too far in the future.

Wisconsin’s Punitive Damages law states at Section 895.85 Wis. Stats.:

“The plaintiff may receive punitive damages if evidence is submitted showing that the defendant acted maliciously toward the plaintiff or in an intentional disregard of the rights of the plaintiff.”

How does this apply to teens who text?  Well, if a teen knows of the dangers of texting or has had near misses or accidents while texting then punitive damages may be possible under Wisconsin law.

The Wisconsin Supreme Court stated:

We conclude that the statute’s requirement that the defendant act ‘in an intentional disregard of the rights of the plaintiff’ necessitates that the defendant act with a purpose to disregard the plaintiff’s rights or be aware that his or her conduct is substantially certain to result in the plaintiff’s rights being disregarded.”

Parents watch your kids.  American Family offers a teen safe driver program.  More about this later.

www.jonpgroth.com

 Jon Groth is a Wisconsin Personal Injury Attorney handling cases throughout Wisconsin and most recently in Milwaukee, West Bend, New Berlin and Wauwatosa.

Click here to submit a Case or Question.

Happy Thanksgiving! November 27, 2008

Posted by Attorney Jonathan Groth in Personal Groth.
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I hope everyone enjoys their Thanksgiving. 

I’m thankful for all I have.  My family, friends and even my co-workers.  This Thanksgiving I encourage everyone to thank the men and women in the armed forces.  I’m thankful we live in the United States.

Wisconsin's Turkey Stamp

Recalled Products in 2008 November 26, 2008

Posted by Attorney Jonathan Groth in FAQ Personal Injury, Personal Injury Law.
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So far there have been about 354 recalled products in the United States.  These products were recalled for various safety and health concerns.

Of these 354 products:

  • 52 or 15% were manufactured in the United States
  • 302 or 85% from foreign countries

Of the products recalled from foreign countries 201 were manufactured in China.

The American Association for Justice states:

This is significant because foreign manufacturers can set their prices lower because they are not subject to the equal prospect of restitution as U.S. manufacturers face if a consumer is injured by their product.  Also, foreign manufacturers often face huge discrepancies in product liability insurance rates.  Without the prospect of being held accountable through the U.S. civil justice system, a foreign producer has little incentive to maximize product quality and safety.

I’ve discussed the topic of recalls in past.  As we enter the toy buying season please be aware of what you purchase.  Not all toys are equal.  Lead based paint in toys and melamine in candies and other foods make me very weary of buying anything manufactured in China.  But how do you avoid it?

 ww.jonpgroth.com

 Jon Groth is a Wisconsin Personal Injury Attorney handling cases throughout Wisconsin and most recently in Waukesha, Beloit, Kenosha and Wauwatosa.

Click here to submit a Case or Question.

The Safe Cars of 2009 November 25, 2008

Posted by Attorney Jonathan Groth in FAQ Personal Injury.
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In short, don’t buy a Chrysler. 

The Insurance Institute of Highway Safety released it’s safe cars list.   Ford (including its Volvo subsidiary) topped the list with 16 vehicles.  Honda came in second with 13 vehicles.

Why do I say don’t buy a Chrysler.  Well, Chrysler didn’t win any awards.  None.   

The story that I link to above states:

Seventy-two cars, trucks and SUVs received the top safety pick designation for the 2009 model year, more than double the number of vehicles in 2008 and three times the number in 2007.

“No matter what kind of vehicle buyers may be considering, now they can walk into just about any dealership and find one that affords the best overall protection in serious crashes,” said Institute president Adrian Lund.

But when it comes to Chrysler:

IIHSsaid Chrysler LLC was the only major automaker that did not receive a single award. They said Chrysler could have picked up five awards if the head restraints had been improved.

I may be a little biased against Chrysler.  My Dad owned a K car in the ’80s.  He didn’t like it.  I think he didn’t like it so much that I’ve been tainted. 

For full disclosure I own a Ford and Saab.

www.jonpgroth.com

 Jon Groth is a Wisconsin Personal Injury Attorney handling cases throughout Wisconsin and most recently in Fond du lac, West Bend, Kenosha and Wauwatosa.

Click here to submit a Case or Question.

It’s the Time of Year for Toys (Dangerous Toys) November 24, 2008

Posted by Attorney Jonathan Groth in Personal Injury Law.
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The group W.A.T.C.H. (World Against Toys Causing Harm Inc.) recently released its “Ten Worst Toys” list.  The most common reasons are “Eye Injuries,” “Choking Injuries” and “Other Serious Injuries.”  Simply put, these are dangerous toys.

I can say, as a father, I would not let my 3 and 1/2 year old play with nunchucks when he turns 4.  If that makes me a bad father so be it.  According to W.A.T.C.H.:

4-year-old children are encouraged to play the part of a Ninja, while wielding various weapons. One such weapon is Michelangelo’s “Nunchaku”, which the manufacturer describes as a “Kick-butt signature weapon!” consisting of two long plastic handles connected by a plastic chain. Remarkably, there are no accompanying cautions or warnings relating to potential impact injuries.

 I was a TMNT fan as a kid.  But, my parents would never have let me own nunchucks as a 4 year old.  Who is the marketing genius that came up with this marketing scheme?  It reminds me of the Dan Aykroyd skit from SNL.

www.jonpgroth.com

 Jon Groth is a Wisconsin Personal Injury Attorney handling cases throughout Wisconsin and most recently in Shawano, Algoma, Kenosha and Wauwatosa.

Click here to submit a Case or Question.

Google Alerts and Litigation November 21, 2008

Posted by Attorney Jonathan Groth in FAQ Personal Injury, Personal Injury Law.
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I wrote about this topic a few weeks ago.  There isn’t much to add other than an interview I recently gave to the Wisconsin Law Journal.

Thanks Super Lawyers and Rising Stars November 20, 2008

Posted by Attorney Jonathan Groth in FAQ Personal Injury.
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Law and Politics Magazine just released its annual edition covering those lawyers chosen by their peers as either Super Lawyers or Rising Stars.  Super Lawyers are those lawyers practicing law for 10 years or more.  Rising Stars are under 40 years old or have practiced law for less than 10 years.   No more than 2.5% of lawyers in the state are named Rising Stars.

I am thankful that my peers selected me as a Wisconsin Rising Star.

Who Is Responsible for Little Jimmy? November 20, 2008

Posted by Attorney Jonathan Groth in FAQ Personal Injury, Personal Injury Law, Wisconsin Auto Accidents.
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So, who should you sue if a minor caused a collision?  Well, according to Wisconsin law Section 343.15(2)(b)

(b) Any negligence or willful misconduct of a person under the age of 18 years when operating a motor vehicle upon the highways is imputed to the parents where both have custody and either parent signed as sponsor, otherwise, it is imputed to the adult sponsor who signed the application for such person’s license. The parents or the adult sponsor is jointly and severally liable with such operator for any damages caused by such negligent or willful misconduct.

What does this mean?  If anyone under the age of 18 causes a car accident a plaintiff in Wisconsin should first worry about finding an insurance company to name in the Summons and Complaint.  Then name the negligent child along with both parents.  Leave enough time in before the statute of limitations runs to allow for discovery to know exactly who are the “proper” parents or sponsor per statute.

Jon Groth is a Wisconsin Personal Injury Attorney handling cases throughout Wisconsin and most recently in West Allis, Sheboygan,  Plymouth,  and  Germantown.

If you’d like to submit a question or case please complete a case submission form.

Talk to Your Personal Injury Attorney Before You Sign the Retainer November 18, 2008

Posted by Attorney Jonathan Groth in Dog Attack Information, Drunk Driving, FAQ Personal Injury, Motorcycle Collisions, Personal Injury Law, Wisconsin Auto Accidents.
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The PersonalInjuryLawyerMichiganBlog.com has a good post about talking with your soon-to-be personal injury lawyer.   According to this blog here are a few things to watch for:

  • Fees. How much is the lawyer going to take of the settlement? It shouldn’t be an excessive amount.
  • Honesty. Do you get a sense he is over inflating your potential award settlement or chance of winning to get you as a client? Like the saying goes, if sounds good to be true if probably is. That’s not to say that you don’t have a good case, but an experienced lawyer knows that most companies won’t sit quietly by as you sue them. He or she should let you know honestly what to expect.
  • Quality. Does your lawyer answer all your questions so that you understand them or do you feel rushed through? You want to work with someone who is willing to get all the details and to work with you to get what you deserve. You don’t want a lawyer with a thousand clients, giving a half effort because he’s happy if a few of the lawsuits get paid.

Believe me, if you go to your initial meeting with a personal injury attorney with a list of questions and a trusted friend or family member in tow it will be a good/productive meeting.  I see it as refreshing not insulting. 

Hiring a personal injury attorney is a big decision.  Be sure to google search the attorney.  Look up their rating, cases and lawyers in the office or office share. 

The more information the better.

www.jonpgroth.com

 Jon Groth is a Wisconsin Personal Injury Attorney handling cases throughout Wisconsin and most recently in Shawano, Algoma, Kenosha and Wauwatosa.

Click here to submit a Case or Question.