Man vs. Machine

Shanley Monroe — Thu, 27 Aug 2009 02:54:33 GMT

If you’ve ever seen The Brave Little Toaster, you’re probably at least vaguely familiar with a popular theme in sci-fi movies and books. Machines come to life and run without any help from humans. Pixar films like Cars and Wall-E introduce us to friendly, loveable characters who drive, roll, and otherwise bleep their way into our hearts. Even cornerstone films like Star Wars rely on this theme to present cultural icons like C3PO and R2D2. The underlying idea to these figures is that the machines have minds of their own. In fiction and on film, the concept is endearing. In life, however, we like our machines to stay as predictable as possible, especially when we rely on them on the road.

When vehicle imperfections and malfunctions cause accidents, the company that made the car in question is liable for damages and injuries sustained in a related accident. In addition, the dealer that sold the car, inspection agencies, and part suppliers may be accountable, depending on the type of defect. This week, a product liability injury lawsuit was filed against Ford Motor Corporation, Continental Tire Corporation, TRW Vehicle Safety Systems, Chino Hills Ford, and Beceril Tire Shop after a Ford Expedition SUV was involved in a rollover car crash.

Griselda Bernadino was driving when the car’s left tread separated from the tire, causing the driver to lose control and the vehicle to roll over. She suffered severe spinal and brain injuries, and her five passengers were all seriously hurt.

Attorneys for the plaintiff claim that the car, which was prone to rollovers, could have been made more secure if it came with Electronic Stability Control. Because of the nature of the car, ESC should have been installed automatically and not merely offered as an option. The structure was also too weak to sustain the roof when the car rolled over, causing the vehicle to crush down on the passengers. Other defects included insufficient restraints, defective tires, insecure door latches, unsafe side windows, and lack of air bags.

All of these problems could and should have been addressed by manufacturers and part suppliers, which could have prevented the accident and injuries. If you are involved in an accident during which your vehicle malfunctions, air bags fail to deploy, restraints snap, or the car somehow fails to measure up to safety standards, then you may be able to file a lawsuit against the car company. In today’s world, we rely upon machines, like our cars, to be as safe and predictable as possible. While the Brave Little Toaster may decide to take a spontaneous trip to Mars, cars should be reliable. If yours is not, consult an attorney who specializes in auto accidents and defects to be advised of your rights.

Originally posted at InjuryBoard by Shanley Monroe

Safety Device is Recalled

Shanley Monroe — Thu, 09 Jul 2009 15:21:45 GMT

Summer is here, and it’s time for you to head to the pool, the beach, or any other nearby watering hole for some relaxation and relief from the heat. Among the things you pack for a day of sun, sand and surf are your sunscreen, sunglasses, umbrellas, hats, floatation devices, and other recreational necessities. You bring these items along to protect your family. You bring them to make sure that everyone has fun and, more importantly, stays safe. You bring them because you trust that the manufacturers have sold you quality products. Unfortunately, not all products are created equal, and sometimes the very items you buy to ensure the safety of your loved ones can do more harm than good.

Take, for example, Aqua-Leisure Industries’ Inflatable Baby Float. The U.S. Consumer Product Safety Commission explained in its July 2 recall that the product is a hazard to consumers, because the leg straps on the device can unexpectedly tear and drop an infant into the water, as reported in 31 incidents. While Aqua-Leisure did not purposely market a product with the goal of endangering children, their negligent sale of the device creates a risk of drowning. The company is recommending that the Baby Float be returned for a full refund or destroyed by the consumer to prevent further use. Although this recall does not apply to all of the company’s merchandise, it’s always a good rule of thumb to inspect products before use and to only allow children to use them with supervision.

While a product recall is the preferred solution for a company that discovers a product defect, it does not absolve the company from responsibility. In fact, contrary to clearing the company of its responsibility, a product recall often provokes lawsuits. Even if a product has been recalled for several months, the consumer still has the right to seek legal action if harmed by the product. Recalls do not generally have expiration dates, so if you find you have been wrongly injured by a product you trusted, seek advice from an attorney who can protect your interests. However, bear in mind that the statute of limitation after an injury is two years in California (and sometimes much less depending on the type of defendant), so it is best to seek advice immediately after an accident. If you decide to file a lawsuit, you must do it within the time period allowed by the statute, or you will automatically forfeit compensation.

By exercising caution, consumers and their families can enjoy a safe and happy summer.

Originally posted at InjuryBoard by Shanley Monroe

Stockton Personal Injury Lawyer - Defective & Dangerous Products

Man vs. Machine

Safety Device is Recalled