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?
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Jon Groth is a Wisconsin Personal Injury Attorney handling cases throughout Wisconsin and most recently in Waukesha, Beloit, Kenosha and Wauwatosa.
Who Is Responsible for Little Jimmy? November 20, 2008
Posted by Attorney Jonathan Groth in FAQ Personal Injury, Personal Injury Law, Wisconsin Auto Accidents.Tags: Personal Injury Law, Wisconsin car accident lawyer, wisconsin personal injury
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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.
What Safety Features Would a Personal Injury Attorney Look for In a Vehicle November 17, 2008
Posted by Attorney Jonathan Groth in FAQ Personal Injury, Motorcycle Collisions, Wisconsin Auto Accidents.Tags: motor vehicle collision, wisconsin personal injury, Wisconsin Personal Injury Attorney
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H/T to Attorney Michael Pines for this blog topic.
I agree with his 7 points:
1. High Crash Test Scores: Almost all motor vehicle makes and models for sale in the United States are supposed to undergo a series of crash tests conducted by the National Highway and Traffic Safety Administration (NHTSA). The most important crash ratings to look for are those for front and side car crashes and rollover resistance, as most serious injuries occur as a result of these types of auto accidents.
2. Antilock Braking System: When used properly, these new brake systems should allow for shorter stopping distances on slippery roads, and maintenance of steering control. They are also important in preventing vehicles from hydroplaning, which could potentially prevent a serious car accident.
3. Side-Impact Airbags:Front driver and passenger airbags are now required in all makes and models of vehicles as a necessary safety feature. Additionally, many makes and models of vehicles also include side-impact and side curtain airbags as well. Side-impact airbags are very important for protecting the torso of the occupants since there is no crumple zone to absorb the shock from a side auto accident collision. Therefore, these airbags have been proven to save many lives in side auto accident collisions and are a very important safety feature in all vehicles.
4. Side Curtain Airbags: Not to be confused with side-impact airbags, which protect the torso, side curtain airbags are intended to protect the head and neck from serious injury in a side collision car accident. Again, there is not as much crumple zone to absorb the shock of side collisions, so side curtain airbags are very important, and are becoming a standard feature in most makes and models of vehicles.
5. Rear-Parking Sensors:Especially important on larger vehicles such as trucks and SUVs, which provide larger rear blind spots, these sensors are especially useful in detecting objects as well as small children who may not be visible through the rear window or rear-view mirror. Many vehicles are now also coming equipped with rear cameras, which have already proven to be helpful in preventing a number pedestrian and car accidents.
6. Good Tires:While this may seem like an obvious statement, many people tend to overlook the safety advantages of well-maintained tires. Bad tires have been proven to be a major cause of many preventable auto accidents. Be sure to have your tires rotated, properly inflated air pressure, and replaced regularly to ensure maximum safety. Also, it is a good idea to examine the tire’s brand. As car accident lawyers, we remember the terrible auto accidents that occurred with Firestone/Bridgestone tires just a few years ago.
7. Cargo Netting or a Cargo Cage: Many injuries in car accidents result from objects inside the vehicle striking the occupants and causing bodily harm. Cargo nets can help to reduce and even prevent these types of injuries that can occur when involved in an auto accident.
Before I purchase a car, I go to the NHTSA’s website and do a search. Safety is our first concern (to quote Thomas the Train’s Sir Topham Hatt).
Jon Groth is a Wisconsin Personal Injury Attorney handling cases throughout Wisconsin and most recently in Waukesha, Beloit, Kenosha and Wauwatosa.
Technology and the Personal Injury Lawyer November 12, 2008
Posted by Attorney Jonathan Groth in Drunk Driving, Personal Injury Law.Tags: Drunk Driving, wisconsin personal injury, Wisconsin Personal Injury Attorney
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I was recently introduced to Lawyers Weekly USA. They wrote an article about investigating social networks in civil cases. If you scroll down this page you’ll see my previous post on this topic.
I’m not surprised that this has become a “hot topic.” I can’t stress enough how important it is for personal injury attorneys (or any litigator for that matter) to be aware of today’s technology. How long does it take type a name in google and yahoo?
Liability disputes in car accident cases and especially drunk driving cases are ripe for social network investigation. If someone is drunk and causes a car accident it is important to know if they had a history of drunk driving. Was that drunk driver aware of the potential harm they could cause by getting behind the wheel while drunk again? Comments on their blog or myspace page are important to discovery before filing a lawsuit. It could mean the differnence between filing a claim for only compensatory damages or adding a claim for punitive damages.
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.
Put Pen to Pad November 11, 2008
Posted by Attorney Jonathan Groth in FAQ Personal Injury.Tags: wisconsin personal injury, Wisconsin Personal Injury Attorney
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It’s kind of a lost art. Our hectic lives don’t lend themselves to taking a few moments out of the day to write things down. This post makes a good point about the benefits of putting pen to pad.
This applies to personal injury law. In some cases the process of healing can take months or longer. What happens when a doctor tells an accident victim to take medication and “see me in a few weeks.” In this case it is very important to write down, on a daily basis, how injuries affect every part of the day. As an injury victim you are your best advocate to your physician. So, write down the problems in order to remember them for the next time you see your doctor.
It’s also wise to keep a journal/diary in case the insurance company takes a hard stance and a law suit must be filed. The website I mentioned says:
The very act of writing things down helps to get them lodged into your long-term, not short-term, memory.
If a case goes on for a while because the insurance company is being unreasonable wouldn’t it be wise to make sure that the victim remembers how they felt soon after the collision?
Jon Groth is a Wisconsin Personal Injury Attorney handling cases throughout Wisconsin and most recently in West Allis, Crivitz, Plymouth, and Germantown.
If you’d like to submit a question or case please complete a case submission form.
Social Networks and Personal Injury Law November 10, 2008
Posted by Attorney Jonathan Groth in FAQ Personal Injury, Motorcycle Collisions, Wisconsin Auto Accidents.Tags: Wisconsin Auto Accidents, wisconsin personal injury, Wisconsin Personal Injury Attorney
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Trialtechview.com blogged about social networking sites and child custody cases. This advice also applies to personal injury law. I’ve found a lot of information about at-fault drivers on their Myspace pages. People like to talk. Young people especially seem to think that they are talking only to their friends. So, you’ll find a lot of information that is usually only shared in the confines of a locker room or in their high school hallways.
In short, don’t just have an investigator get statements from witnesses of a collision. Check out google’s blog search, myspace and facebook for other information. Also, set up a google alert for any key names or unique information. You’ll be surprised what you find. I was!
I don’t want to share too many of my tricks of the trade on this blog. Give me a call or send an email and I’ll be happy to give some more advice.
Nursing Home Admitted Residents Just for the Profit? November 5, 2008
Posted by Attorney Jonathan Groth in Personal Injury Law.Tags: Nursing Home Abuse, wisconsin personal injury, Wisconsin Personal Injury Attorney
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The truth of the matter is that there are companies in America that will do anything for profits. This includes injuring those people that the company is supposed to help and protect.
A lawsuit has been filed in Seattle against Milwaukee based Extendicare Health Services. The suit alleges that:
Extendicare is “more interested in protecting themselves from liability and thereby increasing profits than protecting the rights, health and safety of their own elderly and vulnerable residents”
The plaintiffs are:
two former residents and a man whose daughter died at Aldercrest Health & Rehabilitation Center in Edmonds after her tracheal tube clogged with mucus within 24 hours of being admitted.
For what its worth Carl Tabor, Extendicare’s area director says:
plaintiffs have mischaracterized the company’s admission agreement. He said government inspectors have never cited it for problems.
The problems with some nursing homes is that they cut too many corners in order to save a few bucks. Companies must make a profit in order to survive. They must make a profit in order to pay salaries and hire more people. But, especially in the nursing home field, these companies cannot cut too many corners. We are dealing with people and their families not some widget.
There must be checks and balances to make sure that the residents are protected.
Jon Groth is a Wisconsin Personal Injury Attorney handling cases throughout Wisconsin and most recently in Milwaukee, Milton, Kenosha and Wauwatosa.
Drug Litigation November 4, 2008
Posted by Attorney Jonathan Groth in Personal Injury Law.Tags: wisconsin personal injury, Wisconsin Personal Injury Attorney
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Monday was a big day in the world of drug litigation law. The United States Supreme Court heard oral arguments in the Wyeth v. Levine case.
The case is about a lot of stuff but it started out as a medical malpractice/improper administering of a drug case:
The case came from Vermont, where a guitarist, Diana Levine, won a $6.8 million judgment against Wyeth after misadministration of its drug Phenergan caused gangrene and required the amputation of her hand and forearm. The antinausea drug is normally injected into muscle, but the label also provides directions for intravenous use.
The case is before the United State Supreme Court because there is a difference of opinion between state law and federal law:
In February, an 8-1 court found that federal law, which explicitly pre-empted state regulation of medical devices, implicitly blocked private negligence lawsuits as well. In 2006, by contrast, the Vermont Supreme Court found no conflict between federal law and the judgment against Wyeth.
Keep track of this case. It’s pretty big news in the world of personal injury attorneys.
Jon Groth is a Wisconsin Personal Injury Attorney handling cases throughout Wisconsin and most recently in Janesville, Athelstane, Sheboygan and Wauwatosa.
MyKey – Ford and Parents November 3, 2008
Posted by Attorney Jonathan Groth in Wisconsin Auto Accidents.Tags: Wisconsin Auto Accidents, wisconsin personal injury, Wisconsin Personal Injury Attorney
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Next year Ford will roll out a new feature on its Focus. It’s supposed to help parents keep a handle on their kids. Through controls on any key a parent can limit a vehicle’s top speed to 80 miles per hour.
In addition to speed limits, MyKey also will limit the volume of the audio system, and it will sound a six-second chime every minute if seat belts are not fastened. The chime sounds for adult drivers, too, but ends after five minutes to avoid annoying adults who adamantly don’t want to wear seat belts, Buczkowski said. Parents also have the option of having the car sound a chime if the teen exceeds 45, 55 or 65 mph.
As an injury attorney this is a very interesting piece of technology. Once it is on the streets I’ll ask every at fault driver of a Focus for all information about their MyKey system. I wonder if it will store how many times parents change the limits?
Jon Groth is a Wisconsin Personal Injury Attorney handling cases throughout Wisconsin and most recently in Milwaukee, Marinette, Milton and Wauwatosa.
Another Drunk Driving Statistic October 23, 2008
Posted by Attorney Jonathan Groth in Drunk Driving.Tags: Drunk Driver, Drunk Driving, wisconsin personal injury, Wisconsin Personal Injury Attorney
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According to the Journal Sentinel series on Drunk Driving that I recently posted about Wisconsin:
Wisconsin has the largest percentage of binge drinkers and the largest percentage of drunken driving accidents, yet several states take a harder line on alcohol issues than Wisconsin. Click the topics below to see how Wisconsin compares to the rest of the U.S.
You need to see this diagram. It looks like Wisconsin makes up almost 1/4 of the nation’s drunk driving accidents. Wow. I don’t know really what to say to that. It’s embarrassing. In this case it is NOT good to be #1.
Jon Groth is a Wisconsin Personal Injury Attorney handling cases throughout Wisconsin and most recently in West Allis, Crivitz, Plymouth, and Germantown.
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