Ask the Attorneys: Honor Student Suffers Head Injury in Auto Accident: Is There a Case?

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31
Oct

Q: Last summer I was driving on Niagara Falls Boulevard. My 16 year old son was sitting in the front passenger seat with his seat belt on. While we were passing through an intersection on a green light a car ran the light and struck my car on the passenger side. My son’s head hit the side window hard enough to break the glass. We were both checked out at the hospital, and they kept my son over night for observation.

He did have a concussion, but the CAT scan of his brain was negative. Since the accident my husband and I have noticed that our son has just not been the same. He was always an honor student, and now his grades have dropped off. It also seems as though he is much more irritable than ever before. At first, we thought that these changes were perhaps just due to adolescence, but now we’re not so sure. Is it possible that he suffered a brain injury in the accident, and if so do you think that he has a case?

A: We would strongly encourage you to have your son evaluated by a neurologist and a neuropsychologist. Even though the CT scan that was done at the hospital was negative, a neurologist may want to order an MRI. This is a different diagnostic test, which may provide different information about whether your son suffered an organic brain injury from the blow to his head. A neuropsychologist will be interested in the results of the diagnostic studies, but he or she will address your son’s issues from a different perspective.

Typically, a neuropsychologist will put the patient through a battery of tests for the purpose of determining whether a brain injury is causing the changes which you have observed. We have a number of clients who have suffered head trauma where there has been no clear evidence of brain injury on CT scan or MRI. In these cases we have found neuropsychological testing to be very valuable. The personal injury attorneys at Cellino & Barnes help car accident victims get the justice they deserve.

Ross Stores Recalls Bistro Chairs Due to Fall Hazard

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31
Oct

Recalled Chair Img

Some metal bistro chairs sold at Ross stores are being recalled because the chair’s seat can fail to attach to the frame when unfolding the chair. This could potentially cause the chair to collapse, posing a fall hazard to consumers.

This recall involves metal folding bistro chairs that are orange and have perforations on the seat. The chairs measure about 36 inches tall by 15 inches wide by 16 inches deep. SKU 400101018858 is found on the product hangtag.

There have been three reports to Ross of minor injuries from the chairs collapsing including a back strain and some minor bruises. If you have one of these chairs where the seats that do not attach to the frame, return them to ay Ross store for a full refund.

Ask the Attorneys: Accident Caused by 18-Wheeler Causes Life Altering Injuries

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28
Oct

Q: Last year I was driving on the 33 and I was cut off by a tractor-trailer. He sideswiped the passenger side of my car forcing me into the wall. At first, I didn’t think that I was hurt too badly, but my back was killing for weeks and I finally decided to see a doctor. The doctor ran some tests, and it turned out that I had two blown discs in my back. I had fusion surgery, but now my doctor says that the fusion doesn’t look too good and he might have to go in again.

All I know is that my back is still killing me, and I’m broke because I haven’t been able to work. My no-fault insurance has run out, and I can’t even afford to pay for my pain pills. Where do I go from here?

A: You have the right to be compensated for the way that this accident has damaged your life. If there is any silver lining in your situation, it is the fact that the tractor-trailer that caused your accident probably had a large amount of liability insurance coverage. Typically, trucking companies will carry policies with high liability limits because when big trucks are involved in accidents, people tend to suffer serious injuries.

Whatever the reason might be that the spinal fusion did not take, the insurance carrier for the trucking company will be responsible because the damages flow back to the party who caused the injury. If you or a loved one has been injured in a truck accident and need truck accident legal advice, let a truck accident lawyer at Cellino and Barnes help you.

Risk of Injury causes Siemens to Recall Audible Fire Alarm Base

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28
Oct

Siemens is recalling the SBGA-34 Audible Fire Alarm Base because it could fail to sound an alarm in an emergency, causing a risk of personal injury and property damage.

This recall involves the SBGA-34 audible base that is affixed to ceiling-mounted smoke detectors in order to sound an alarm when the fire alarm system is activated. The audible base has part number S54370-F13 and date codes 0113 through 2314 in a WWYY format printed on a white label on the back of the unit part affixed to the wall. “MODEL SBGA-34” is printed on a blue label also affixed to the back of the device. The base is off-white and measures about 6 inches in diameter. The audible base is used with the following fire detectors:

  • Cerberus PRO models (HI921, OOHC941, OOH941, OH921, OP921)
  • Desigo Fire Safety models (FDOOTC441, FDOOT441, FDO421, FDOT421, FDT421)
  • H-Series (HFP-11, HFPT-11, HFPO-11)
  • Faraday 87XX-Series, models (8713, 8712, 8710)

The audible base and fire detectors are used with the following alarm systems:

  • Siemens model FireFinder® XLS via DLC 6312 Device Loop Card
  • Siemens model FS -250
  • Desigo model FC2005, (50-point panel)
  • Desigo model FC2025, (252-point system)
  • Desigo model FC2050, (504-point system)
  • Cerberus PRO FC901, (50-point panel
  • Cerberus PRO FC922, (252-point system)
  • Cerberus PRO FC924, (504-point system)
  • Faraday models MPC-600 & MPC-7000

No incidents or injuries have been reported with this recall.  Consumers who have this base should immediately contact Siemens to schedule a free inspection and replacement of the audible base.

IKEA Recalls GUNGGUNG Children’s Swing for a Potential Fall Hazard

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24
Oct

GUNGGUNG Swing Img

IKEA is now recalling 2,000 GUNGGUNG Child’s swings due to the suspension possibly breaking, causing a child to fall from the swing and posing a risk of a serious injury.

This swing is intended for indoor and outdoor use by children ages 3-7. It is made of green polyester fabric and hangs from a plastic suspension fitting attached to steel hooks. The full length of the suspension strap, including the sling seat, is 17 feet and the width of the seat is 0.8 feet. A permanent label is attached to one of the suspension straps, showing age recommendation (3-7), IKEA logo, Design and Quality IKEA of Sweden, GUNGGUNG article number 302.439.74, supplier number 17915 and Made in Vietnam.

There have been four reports of the suspension fittings breaking in use, one in Germay, two in Austria, and one in Canada. In one incident a child fell and suffered a fractured leg. No incidents have been reported in the United States. If you have one of these swings immediately take it down to prevent the use of it by children, then return it to any IKEA store for a full refund. Proof of purchase is not required for the return.

Ask the Attorneys: BB Gun Accident

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23
Oct

Q: A few months ago my 18 year old son was at a friend’s house and he and his friend were shooting a BB gun in their backyard. While my son was changing a target, his friend accidentally discharged the gun and my son was struck in the eye with a BB. He has had two surgeries, but now looks like he is going to be blind in one eye. Does he have the right to be compensated for this?

A: He probably does. However, a critical issue will be whether the friend’s parents have a homeowner’s insurance policy for the home where the accident happened. In addition to providing coverage for fire losses, a person is entitled to look to their homeowner’s policy if their negligence or the negligence of a family member causes an injury.

Although motor vehicle negligence is typically excluded from coverage in homeowner’s policies, the accidental discharge of a firearm will usually be considered a “covered event” and could be considered a catastrophic injury. A renter’s policy would provide coverage similar to a homeowner’s policy. If your son has been blinded in one eye, he is entitled to be compensated for how that disability will affect him over the course of his entire life.

BRITA Recalls Children’s Water Bottles Due to Laceration Hazard

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21
Oct

Brita is recalling about 242,500 hard-sided water filter bottles for kids in four different designs.  The lid could potentially break into pieces with sharp points resulting in a laceration hazard.

The four recalled children’s water bottles have popular cartoon characters on a hard-sided plastic bottle. Characters and bottle colors include Dora the Explorer®, violet; Hello Kitty®, pink; SpongeBob Square Pants®, blue; and Teenage Mutant Ninja Turtles®, green. The bottles stand 6 inches tall, hold 15 ounces of liquid, have white lids that screw off and have fold-up straws and filters that sit inside the straw below the lid.  Each bottle bears a Brita logo and features the image of a popular children’s cartoon character. The removable plastic wrap on the bottle at time of purchase has the model number BB07 and the following UPC codes: 60258-35883 on the Dora the Explorer, 60258-35914 on the Hello Kitty, 60258-35880 on the SpongeBob Square Pants and 60258-35882 on the Teenage Mutant Ninja Turtles.

Brita has received 35 reports of the lids breaking or cracking, however no injuries have been reported.  If you or your child has one of these water bottles, stop use immediately and contact Brita to get a postage-paid shipping package to return the bottles and get a full refund.

Ask the Attorneys: Truck Accident – Bad Brakes

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20
Oct

Q: Late last year my niece was rear-ended by a Mack truck. The truck driver claimed that his brakes failed and he couldn’t stop. At first, we didn’t think that my niece was hurt too badly. However, they later discovered that she had bleeding into her brain, and she has been left with a partial paralysis on her left side. What do you recommend?

 
A: The insurance company for the truck will undoubtedly attempt to avoid responsibility for what happened to your niece by claiming that the accident was “unavoidable.” The “brake failure” claim is suspicious, and for this reason it is critical that your niece’s attorney make immediate arrangements to have an expert inspect and evaluate the trucks brakes.

 
She should not rely on the police investigation, and certainly not on the insurance company’s or the trucking company’s conclusions. The police investigation may not be as thorough as is necessary, and the insurance company’s conclusions will likely be biased and self-serving. Even if the truck’s brakes did fail, there is a significant issue as to the sufficiency of the trucking company’s maintenance program.

 
Your niece’s attorney will need to obtain all records related to this. If the company had a slipshod brake maintenance program, they should not be permitted to escape responsibility by attempting to claim that the accident could not have been avoided. Your niece obviously suffered life-altering injuries as a result of this accident, and no stone should be left unturned to make sure that she receives the compensation she is due. The truck accident attorneys at Cellino & Barnes are available 24/7 to answer your questions.

Dynacraft Recalls Avigo Youth Bicycles Due to Fall Hazard

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17
Oct

Dynacraft is recalling Avigo 20-inch Turn N’ Burn youth bicycles.  The front wheel can detach from the bike, creating a fall hazard.

This recall involves 20 inch Avigo Turn N Burn youth bicycles with model number 8107-62. The model number and date of manufacture, “08202013,” are printed on a data label on the frame’s seat tube. The bicycles have a silver frame, blue handlebars and black front fork with blue accents, hand brakes and a kickstand. The serial number can be found etched on the frame on the underside of the bottom bracket shell. Serial numbers included in the recall have:

  • Letters “DJFH” followed by a six-digit number between 026588 and 027104, and between 089533 through 090562;
  • Letters “DJFI” followed by a six digit number between 015107 and 015552, and between 100093 and 101193.

Dynacraft has received one report of a consumer falling and sustaining scrapes and abrasions when the front wheel detached from the bike. If you have one of these bicycles, stop using them immediately and contact Dynacraft to arrange a repair free of charge.

Kawasaki now Recalling Teryx4 Recreational Off-Highway Vehicles due to Potential Injury Hazard

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14
Oct

Kawasaki is recalling the 2012 and 2013 Kawasaki Teryx4 750 4×4 recreational off-highway vehicles.  The vehicles floor boards can allow a stick or other debris to break through and protrude into the foot rest, potentially posing as an injury hazard to the driver and the front passenger.

The four-wheel drive vehicles have automobile-style controls, side-by-side seating for four people, four doors, a roll bar with hand holds and a cargo bed. The 2012 and 2013 models come in three different styles: non-EPS, EPS and EPS LE.  The LE style has a roof and aluminum wheels. The 2012 models were sold in the colors blue, camouflage, green, red and yellow. The 2013 models were sold in the colors black, camouflage, green, red, white and yellow. The model name “Teryx4″ is on the driver’s side of the hood. For all colors of the EPS model except camouflage, “EPS” appears on the driver and passenger side cowling near the top front corner of the doors. On the EPS LE, “EPS” appears on the driver and passenger side cowling near top front corner of the doors and “LE” appears on the hood on the driver’s side.

Kawasaki has received a total of four incidents of debris breaking through the floor boards, including two injuries to the riders’ toes and thighs.  If you have these off-road vehicles, immediately stop using them and contact their authorized Kawasaki dealer to schedule a free repair.  This free repair will consist of the installation of floor board guards.