Ask the Attorneys: Truck Accident – Bad Brakes

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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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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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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.

Excessive Levels of Lead in Paint Causes FGX International to Recall Children’s Sunglasses

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Around 215,000 pairs of children’s sunglasses are being recalled due to a lead paint standard in the US.  These sunglasses have excessive levels of lead in the surface paint, which is prohibited under federal law.

This recall includes 20 styles of Disney, Marvel and Sears/Kmart brand children’s sunglasses. They come in a variety of colors and with printed images of characters on the frames. The following style numbers located inside the sunglasses’ left temple arm are included in the recall:

sunglasses recall list

If your child has a pair of these sunglasses, take them away from the children immediately and return them to FGX International for a free replacement or refund.

AmTRAN Video Recalls to Repair 42” JVC Flat Panel Televisions Because They Could Potentially Tip Over

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About 27,000 JVC 42” flat panel TV’s are being recalled due the neck of the stand potentially cracking. This can cause the TV to tip over unexpectedly, and pose a risk of injury due to the impact.

This recall involves JVC 42-inch, Emerald Series Full HD 1080P LED flat panel televisions, model EM42FTR and serial number beginning with “T”. The flat panel televisions are black with “JVC” printed in the lower center of the television front. Model and serial numbers are located on the bottom left on the back of the television.

JVC has received 16 reports of cracked television neck stands, however no injuries have been reported.  If you are using the neck and base for the TV to stand up, detach it, put the TV in a safe place and contact AmTRAN Video for a replacement stand neck.  If it is mounted on the wall you should request this replacement neck in case it is needed for future use.

Yamaha Recalls Snowmobiles Due to Possible Fire Hazard

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Yamaha is recalling about 2,500 snowmobiles due to the fuel hose joint that could possibly leak during operation and cause a fire.

This recall involves model year 2014 SR10R (SRViper), SR10RXS (SRViper RTX SE), SR10L (SRViper LTX), SR10LS (SRViper LTX SE) and SR10XS (SRViper XTX) snowmobiles and model year 2015 SR10LS (SRViper LTX SE) snowmobiles. They were sold in a variety of red, black, blue and white color combinations. The VIN number is stamped on the tunnel near the right side footrest. The letter E in the 10th position of the VIN number indicates that the unit was made in the 2014 model year, and a letter F in the 10th position indicates that the unit was made in the 2015 model year. The model number can be found on the lower left and right cowling just below the word “YAMAHA.”

There have been four reports to Yamaha of fuel leakage, however no injuries were reported.  If you have one of these snowmobiles, stop using them immediately and contact your local Yamaha dealer to schedule a free repair.

Potential Laceration Hazard Causes Livie & Luca to Recall Children’s Shoes

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5,600 pairs of children’s shoes from Livie & Luca are being recalled due to a potential laceration hazard.  These shoes have a metal thread inside the shoe’s interior lining and can loosen and then poke through the shoe lining, posing a hazard of a laceration to the child wearing the shoe.

The recalled Livie & Luca children’s shoes include two styles: Carta and Cotton. The Carta style Mary Jane shoes are canvas, solid color shoes stitched to a tan sole with a fabric strap and a brown wooden button. The Carta shoes are blue, fuchsia or gray. The Cotton style Mary Jane canvas shoes have a stitched tan rubber sole and a colored fabric strap with a dandelion printed on a pink square button and a gingham or polka-dot cotton interior lining. The cotton shoes are yellow, green or red. Both the Carta and the Cotton style shoes were sold in toddler sizes 4 through 13.  Only shoes with date codes 06 2013 through 12 2013 (Month Year) printed on the insole of the shoe are included in the recall. The Livie & Luca logo is printed on the inside of the shoe.

Livie & Luca has received two reports of the metal thread coming through the liner of the shoe, which in one case the child’s foot was cut by the metal thread that had poked through the lining.  If your child wears any of these shoes, immediately take the shoes away from the child and contact the store of purchase for a store credit or replacement.   If you purchased these shoes online through the Livie & Luca site, contact them for instructions on how you can get a store credit or a free replacement pair with prepaid shipping before disposing of the shoes.

Fall Hazard causing American Woodcrafters to Recall Bunk Beds

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The Cottage Retreat II bunk beds with a side ladder are being recalled because the side mattress support rails can break posing a potential fall hazard.

The white finish beds were sold in twin over twin, and twin over full combinations. American Woodcrafters, Made in Indonesia and SKU number 6310-9771 are printed on a label attached to the inside of one of the four rails.

The company has received two reports of the bed support rails breaking resulting in children falling from the bed causing bruising. If you have one of these bunk beds, immediately stop use and contact Havertys to arrange the installation of free replacement rails.

Snack and Activity Trays for Strollers from Tray Vous are being Recalled due to Strangulation Hazard

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About 770 snack and activity trays are being recalled due to a strangulation hazard.  The opening between the tray and stroller seat bottom allows a child’s body to pass through but could trap the head in the opening, which poses a possible strangulation.

The three-piece units include a black plastic tray with a cup holder, a left connector and a right connector.  The tray measures about 15 inches wide by 6 inches deep by .75 inches thick. The left and right plastic connectors measure about 4 inches long by 1.75 inches wide by .75 inches thick and are used to connect the tray to the stroller’s base. “Tray Vous” and “Patent Approved US7942437B2” are printed on a sticker underneath the tray.

If you are using one of these trays immediately remove it and the connectors from the stroller and contact Tray Vous for a free replacement.

Potential Failure to Alert Consumers of a Fire Causes ESL & Interlogix Hard-Wired Smoke Alarm Recall

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The ESL and Interlogix brand 400 and 500 series smoke detectors are being recalled due to the possibility of radio frequency can cause the detectors to fail to alert the consumer if there is a fire.

This recall involves thirty-three models of the 400 and 500 series Edwards (ESL)-branded and Interlogix smoke detectors hard-wired into a security system. Edwards and Interlogix smoke detectors are identical. The 2-wire or 4-wire detectors are round, white and measure 6 inches across by 2 inches high. The smoke detectors were made for professional installation and used primarily in commercial buildings, schools, hotels/motels, apartments, dormitories and homes as part of the fire alarm system. Recalled units have date codes 13084 through 14059 with the first two digits representing the year, for example: 13 for 2013 and 14 for 2014; and the last three digits representing the day of the year, for example: 084 is the 84th day of 2013, which is March 25, 2013. The initials ESL, the date code and one of the following model numbers are printed on a label on the back of the detector’s cover and on the product’s packaging.

400 series: 429AT, 429C, 429CAD, 429CRT, 429CST, 429CT, 429CTAD, 449AT, 449C, 449CRT, 449CSRH, 449CSRT, 449CST, 449CSTE, 449CT and 449CTE.

500 Series: 511C, 518C, 521B, 521BXT, 521B-10PKDMP, 521B-10PKG, 521BXT-10PKG, 521BXT-DMP-10PKG, 528B, 528CRXT, 541C, 541C-10PKG, 541CXT, 541CXT-10PK and 548C.

No incidents or injuries have been reported with these smoke detectors.  If you think yours has been recalled call your security or fire system provider to determine if any of the units are involved in the recall.  If they are, you will receive free replacement and installation of new detectors.  You should not take the alarms out of service until the replacement alarm has been installed and do not try to remove or replace the parts; only professional installers should remove and replace the units.