Jurors, Elephants and Donkeys December 19, 2008
Posted by Attorney Jonathan Groth in Personal Injury Law.Tags: jury trial, punitive damages, Wisconsin Personal Injury Attorney
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The Wisconsin Lawyer Magazine has a quick read entitled Politics in Civil Jury Selection. Very interesting.
This is one of the more important parts of my job. Who should I keep on a jury? What questions do I ask in order to figure out who would make a good juror for a particular set of facts. Who will the defense want to keep or strike?
Alan Tuerkheimer, UW Law 2000, is a trial consultant with Zagnoli McEvoy Foley, LLC in Chicago. The Zagnoli firm conducted a survey of mock jurors in order to determine a relationship between political party identification and damages verdicts.
Some sections that I found interesting:
The Zagnoli study found that while political leaning tends to correlate with what jurors say about damages in civil cases, it does not predict whether or how much they actually award. In other words, political leaning is related to what a juror says but not necessarily to what a juror does; thus, political party allegiance should not be too heavily relied on during jury selection.
More specifically, Republicans were more likely than Democrats to make an at fault person pay damage awards for future medical expenses.
A closer look shows that a high proportion of Democrats (86 percent), but an even higher proportion of Republicans (92 percent), would consider awarding money for future medical expenses.
Finally, when it comes to the premise of awarding punitive damages both parties were high. Again, like I assumed Democrats were more likely to agree (92 percent agreed) but I was a little surprised that so many Republicans agreed (80 percent agreed).
I recommend the article. I ask this of my readers. If anyone finds similar articles about jury selection please let me know. I like reading about this stuff.
Jon Groth is a Wisconsin Personal Injury Attorney handling cases throughout Wisconsin and most recently in Milwaukee, West Bend, New Berlin and Wauwatosa.
It’s Snowing So Let’s Talk About Pools and Spas December 18, 2008
Posted by Attorney Jonathan Groth in Personal Injury Law.Tags: child injury, child safety, pool and spa safety, wisconsin personal injury, Wisconsin Personal Injury Attorney
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I’m in Wisconsin. It is NOT warm here. It is cold, snowy and icy. But, I can at least think warm.
This post is for the water lovers out there with small kids. Many people try to think warm this time of year (including my family) by going to the YMCA, hotel or local indoor (heated) pool.
In theory, on December 19, 2008 pools and spas will be safer because the Virginia Graeme Baker Pool and Spa Safety Act goes into effect. This law was signed by President Bush on December 19, 2007. Congress gave all effected pool and spa owners one year to comply with the new standards.
According to WSJ.com:
Under the law, all public pools and spas must have ASME/ANSI A112.19.8-2007 compliant drain covers installed and a second anti-entrapment system installed, when there is only a single main drain.
The reason for this law is tragic. Former Secretary of State James Baker’s granddaughter died after being stuck to the drain of a pool. The suction was just too much for the 7 year old girl to overcome.
According to USA.Safekids.org:
Seven-year-old Graeme was a member of the community swim and diving team and had been swimming unassisted since she was 3 years old — but her death is listed as a drowning. In fact, she drowned by entrapment, pinned under water by hundreds of pounds of suction force at the drain of the hot tub.
I encourage you to check out Safe Kids USA’s website. There is a lot of useful information for parents of kids who love to swim. Be careful this holiday season!
If you or a loved one is injured because you think the pool or spa owner did not comply with this law I’d be happy to discuss this with you.
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.
Front Page News December 16, 2008
Posted by Attorney Jonathan Groth in Personal Injury Law.Tags: child safety
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Avvo's Featured Legal Guide 12-16-2008
Thanks Avvo for placing me on your homepage. I hope your readers took some useful information from my legal guide.
Attorney Ed Wallis and the Mid South Trial Lawyer’s Blog December 15, 2008
Posted by Attorney Jonathan Groth in Personal Groth, Personal Injury Law.Tags: child safety, Personal Injury Attorney, Personal Injury Law
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I just added Ed Wallis and his partner Tim Edwards’ blog to my list of links (on the right side of your screen). Ed is a trial lawyer in Tennessee and an active member of the American Association for Justice (AAJ).
Ed and Tim have a lot of good information on their blog and website. I took special notice of their information about cribs and recent recalls:
In the wake of a recall affecting nearly 1.6 million cribs, federal regulators plan to institute new standards governing crib durability and hardware problems. A spokeswoman for the Consumer Products Safety Commission said that while voluntary standards have decreased the number of crib injuries and deaths, they have not fully addressed comprehensive durability standards. Durability and hardware issues have been at the root of five recent crib recalls, according to the Washington Post. Read more HERE.
Take a moment to check out Ed and Tim’s site. It’s worth the click.
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.
It’s That Time of Year December 10, 2008
Posted by Attorney Jonathan Groth in FAQ Personal Injury, Personal Injury Law.Tags: Bisphenol A, BPA, child injury, child safety, dangerous toys, lead paint
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Yep, time to watch out for dangerous toys. Who knows what Mr. Mainway will buy for little Johnny or Sally.
I recently wrote a piece about this on Avvo.com. I touch on Bisphenol A, Phthalates, lead and toxic toys. Also, I mention the common problems with many toys, i.e choking hazards and following the age limits.
You can check out the “Legal Guide” here.
Jon Groth is a Wisconsin Personal Injury Attorney handling cases throughout Wisconsin and most recently in Milwaukee, West Bend, New Berlin and Wauwatosa.
Child Safety Seats Safe? December 2, 2008
Posted by Attorney Jonathan Groth in Personal Injury Law, Wisconsin Auto Accidents.Tags: child injury, child safety, Wisconsin Personal Injury Attorney
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You fly to Grandma’s house for Christmas with your kids. With the increased prices of luggage these days you decide to NOT bring the kids’ safety seats. You’ll just rent them. It’s okay right? These safety seats are safe? They have to be safe. If they weren’t safe the rental company wouldn’t allow the public to use them.
Well, don’t assume anything. Consumeraffairs.com wrote about a family’s recent troubles with their rental child safety seats.
“Some seats were obviously missing parts. Some were obviously very old,” she told ConsumerAffairs.com. “We installed two of the better looking seats thinking that they were okay only to find that they were not working.”
So, what can a family on the move do? Consumeraffairs.com recommends:
• Inspect each seat thoroughly for any evidence of cracking, twisting, worn harness webbing or broken buckles.
• Verify that seatbelts are threaded through the proper channels.
• Once you have latched the buckles, pull hard to make sure that they do not detach.
• Find the “birth date” label on the side or back of the seat, and don’t use a seat more than 5 years old.
• Get a copy of the car seat manual
Jon Groth is a Wisconsin Personal Injury Attorney handling cases throughout Wisconsin and most recently in Milwaukee, West Bend, New Berlin and Wauwatosa.
Troublesome Toys November 28, 2008
Posted by Attorney Jonathan Groth in FAQ Personal Injury, Personal Injury Law.Tags: BPA, child safety, wisconsin personal injury, Wisconsin Personal Injury Attorney
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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.
Recalled Products in 2008 November 26, 2008
Posted by Attorney Jonathan Groth in FAQ Personal Injury, Personal Injury Law.Tags: child safety, lead paint childrens products liability, wisconsin personal injury
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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.
It’s the Time of Year for Toys (Dangerous Toys) November 24, 2008
Posted by Attorney Jonathan Groth in Personal Injury Law.Tags: child injury, child safety, Personal Injury Law, Wisconsin Personal Injury Attorney
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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.
Jon Groth is a Wisconsin Personal Injury Attorney handling cases throughout Wisconsin and most recently in Shawano, Algoma, Kenosha and Wauwatosa.
Google Alerts and Litigation November 21, 2008
Posted by Attorney Jonathan Groth in FAQ Personal Injury, Personal Injury Law.Tags: Wisconsin Personal Injury Attorney
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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.
Jon Groth's Wisconsin Personal Injury Weblog 