New York Injury Talk Blog

Nissan North America is recalling more than 10,500 model year 2009 Sentra sedans that are equipped with Bosch master cylinders because of the risk of the brake fluid leaking from the master cylinders. According a news report in Automotive Fleet, the brake system warning indicator will illuminate if the amount of brake fluid in the master cylinder reservoir decreases to below the minimum level. The National Highway Traffic Safety Administration (NHTSA) warns that if the driver ignores this cautionary light, one of the brake circuits in the vehicle may fail, thus increasing the stopping distances and risking a car accident.

Brake defects are extremely serious auto product defects that can result in catastrophic injuries or even death. Motorists count on a vehicle's brakes to be able to stop, which is especially important when a driver needs to avoid a crash involving a person or a vehicle. More than one person's life could be in jeopardy if a car's brakes fail. The sudden lack of braking function could very well lead to a crash and can be a difficult situation even for the most experienced driver. Hundreds of people are killed each year because of defective brakes with problems that include premature lock-up, ABS failures, brake fluid leaks or brake-line defects.

Continue reading "Nissan Recalls Sentras for Defective Brakes" »

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Posted In: Auto Product Liability , Automobile Accidents , Personal Injury , Product Liability & Recalls , Product Recalls

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Safeguarding a home against potential dangers is a common task for new parents. However, while many dangers are obvious, some remain hidden and may not present themselves to parents until it’s too late and tragedy has struck. According to an abcnews.com article, more than two million Stork Craft drop-down-side cribs have been recalled by the Consumer Product Safety Commission. This is the largest crib recall ever to occur in the United States.

Due to faulty plastic hardware, the sides of the crib are likely to detach, and pose a significant threat to the safety of children. The CPSC is urging consumers to stop using the cribs immediately. To date, the defective cribs are responsible for at least 110 incidents involving injuries sustained by children in the United States and Canada. Some children who have sustained injury while becoming entrapped by the faulty crib design have suffered further injury after becoming unpinned by the crib arm and falling out of the crib. Four infants have suffered from suffocation death due to the dangerous crib defect.

Over the past two years, the CPSC has recalled nearly five million cribs that have had issues with dangerous drop-down sides. Approximately 1,213,000 units have been distributed in the U.S., with 147,000 cribs having been sold with the Fisher-Price logo, and 968,000 units have been distributed in Canada. Consumers may contact Stork Craft for more information, or to request a free repair kit, by calling toll-free (877) 274-0277.

Continue reading "Stork Craft Recalls 2.1 Million Cribs for Suffocation Danger" »

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Posted In: Personal Injury , Product Liability & Recalls , Product Recalls , Wrongful Death

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Defective products can seriously injure our children. We may not know it, but some products that we commonly use in our homes may pose risks. Recently, three different companies recalled window blinds and shades because children could become tangled in the inner cords and become strangled as a result. According to an NBC news report, Bed Bath and Beyond recalled their Dublin Energy Solution roman shades manufactured by Louis Hornick and Company.

So far, two child injuries have been reported in connection with these shades. Hanover Direct is also recalling their faux suede roman shades after a 2-year-old became entangled in the cord. Another company that recalled window blinds is Swedish retailer IKEA, also for strangulation hazard.

Several children have also died as a result of becoming entangled in the inner cords of these blinds and shades. Some have suffered brain injuries because when they were strangled, oxygen was cut off to the brain. These incidents were all tragedies that could have been prevented if the blinds had been manufactured properly.

Continue reading "Defective Blinds Recalled for Strangulation Hazard" »

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Posted In: Personal Injury , Product Liability & Recalls , Product Recalls , Wrongful Death

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Thousands of innocent car accident victims lose their lives or are severely injured each year as a result of drunk drivers. Driving while under the influence of alcohol or drugs is illegal in every state. Now, according to an Associated Press news report, New York City officials are reassessing the legal process that determines whether someone was drinking and driving in a serious car accident. This process began after blood alcohol tests were not performed for two hours on two off-duty officers who were charged with vehicular manslaughter in separate incidents.

In the case of the two officers, they declined to take breath tests at the scene, which they are allowed to do under the law. Both were tested several hours later. One test came back clean while the other showed the blood alcohol level to be twice the legal limit. The problem here is that the delay in the testing process gives drunk drivers the time to sober up. City police commissioner Raymond Kelly has assembled a panel to discuss this important issue with district attorneys and formulate ways to get these sobriety tests done in a quick and effective manner so accurate blood alcohol reading may be obtained.

Continue reading "Officials in New York City Reassessing DWI Test Process" »

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Posted In: Automobile Accidents , Drunk Driving Accident , Personal Injury , Wrongful Death

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A federal auto safety agency has opened an investigation regarding possible airbag defects in Ford F-150 pickup trucks. According to a news blog in The Car Connection, the National Highway Traffic Safety Administration's (NHTSA) Office of Defects Investigation is looking into "inadvertent airbag deployment" in the Ford pickup trucks. The agency has received eight complaints from consumers who stated that the driver's side airbag deployed unexpectedly either when starting the engine or shortly afterward. Five out of eight, who complained about this auto product defect, said they sustained injuries as a result of sudden airbag deployment. The investigative report states that wire chaffing may have been a potential cause of the airbag deploying without any cause or warning. The investigation involves only the 2005 model Ford F-150 so far.

Airbag defects in New York and throughout the United States can lead to devastating injuries or even death. As consumers, we count on the latest technology in our automobiles – such as airbags – to protect us in the event of a car accident. However, there have been many instances where airbags fail to deploy or deploy when there is no crash. In this case, the possibility of a car crash is very high because the defective airbags that could deploy inadvertently are on the driver's side.

Continue reading "Ford F-150 Airbags Investigated for Sudden Deployment" »

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Posted In: Auto Product Liability , Automobile Accidents , Personal Injury , Product Liability & Recalls

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A 67-year-old woman was killed in a New York car accident after being struck by the suspected drunk driver. According to the New York Daily News, the driver, a 22-year veteran of the NYPD as well as a high-profile detective, has been charged with DWI, vehicular homicide and criminally negligent homicide in this fatal injury accident.

The elderly pedestrian had been pushing a shopping cart filled with recyclable cans and bottles when a 2009 Chevrolet Malibu hit her. Witnesses said the impact from the collision threw the victim in the air causing her to land 20 to 30 feet away. The off-duty policeman apparently was so impaired that he did not realize he had struck a woman. The driver has been since released on a $100,000 bond, as an investigation is pending.

Article 31 of the New York State Vehicle & Traffic Law concerns alcohol and drug-related offenses. Section 1192 Driving while intoxicated; per se states: "No person shall operate a motor vehicle while such person has .08 of one per centum or more by weight of alcohol in the person's blood as shown by chemical analysis of such person's blood, breath, urine or saliva, made pursuant to the provisions of section 1194 of this article."

Continue reading "Fatal DWI Car Accident, NYPD Detective Charged" »

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Posted In: Automobile Accidents , Drunk Driving Accident , Law & Information , Pedestrain Accidents , Personal Injury , Wrongful Death

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Two people are suspected to have died in the latest case of food contamination involving meat that was sold across various New York retail stores. WPIX reports that approximately 546,000 pounds of ground beef are in the process of being recalled due to E. coli bacteria contamination. Various supermarkets including Wild Harvest, Shaw's, BJ's, and Trader Joe's had carried the beef that was sold by Fairbank Farms in Ashville and produced between Sept. 14 and Sept. 16, 2009. It was distributed in the tri-state area as well as Maryland, Massachusetts, North Carolina, Pennsylvania and Virginia.

E. coli symptoms can include severe stomach cramps, diarrhea that could turn bloody within one to three days, nausea and vomiting. Symptoms of E. Coli infection usually diminish or end in about a week with no further problems. However, severe blood and kidney problems may occur two to 14 days after the onset of diarrhea. These problems can cause kidney failure and sometimes long-term disability or death in some children and older adults.

Continue reading "New York Defective Product Attorneys Concerned By Contaminated Beef" »

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Posted In: Food Borne Illness , Personal Injury , Product Liability & Recalls , Product Recalls , Wrongful Death

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In a move to combat the growing number of serious injury accidents on New York state roadways, legislators have enacted a new law, which makes it illegal to text and drive at the same time. This law also prohibits the use of portable and mobile handheld devices for reading, typing and sending text messages while driving. Talking on a hand held cell or mobile phone is of course, already against the law. Anyone, in violation of the new law will face fines of up to $150.

This is definitely a crucial step in reducing the effects of distracted driving – a problem that is growing rapidly with the ready availability of low cost communication devices. A study by the National Highway Traffic Safety Administration (NHTSA) looked into the effects of driver distraction with respect to both behavioral and vehicle safety countermeasures. In their report released this year, they estimate 5,870 people lost their lives and another 515,000 people were injured in 2008 in police-reported crashes in which at least one form of driver distraction was reported on the crash. Also, according to data from the Fatality Analysis Reporting System (FARS) for that same period, driver distraction was reported to have been involved in 16 percent of all fatal crashes in 2008.

Continue reading "New York Texting While Driving Ban Goes Into Effect" »

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Posted In: Automobile Accidents , Law & Information , Personal Injury , Wrongful Death

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The recent recall of about 546,000 pounds of fresh ground beef distributed in September by Ashville, NY-based Fairbank Farms, has left consumers and citizens concerned about the risk of E. Coli contamination. According to a manufacturing.net article, the recalled meat was sold in stores in New York, Maryland, Massachusetts, New Jersey, North Carolina, Pennsylvania, and Virginia.

The report stated that at least two deaths and 26 other illnesses may be connected to the recalled fresh ground beef that might be contaminated with E. coli bacteria. Apparently, one of the deaths involved a New York adult with multiple underlying health conditions. The other death was previously reported by New Hampshire when a patient died of complications. A spokeswoman for the Centers of Disease Control and Prevention said that all but three of the suspected E. coli infections are in the northeastern United States and 18 are in New England.

The recall notice issued by the U.S Department of Agriculture stated that the possibly contaminated meat was sold under the Fairbank Farms name in numerous forms, including meatball mix, hamburger patties, and meatloaf. Another important note is that the recalled products were sold at Price Chopper, Trader Joe’s, Lancaster, Shaw’s, Wild Harvest, BJ’s, Ford Brothers, and Giant stores in packages that carried the number “EST. 492” on the label. Furthermore, the meat was packaged September 15-16 and may have been labeled with a sell-by date from September 19 through September 28. So considering that the recalled meat should no longer be sold as a fresh product in supermarkets, consumers must turn to their freezers to make sure that they do not ingest possibly tainted meat.

Continue reading "Meat Recalled Due to E. Coli Contamination" »

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Posted In: Food Borne Illness , Personal Injury , Product Liability & Recalls , Wrongful Death

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A 9-year-old girl died and a 3-year-old boy was seriously injured in a pedestrian accident on Halloween Day. According to an ABC news report, the two children were struck by an SUV while crossing the street. The fatal injury accident occurred when a group of children and adults, many in Halloween costumes and out trick-or-treating, were crossing Washington Avenue in Nutley. A 44-year-old man driving an SUV then reportedly hit the young boy and the girl. The girl was pronounced dead at the scene of the crash while the boy was taken to a local hospital. The driver had remained at the accident site.

According to the New York State Department of Motor Vehicles reports in 2008, there were 15,620 accidents involving pedestrian-auto collisions. Out of these, 302 were fatal and 15,291 were injury-related pedestrian accidents. Based on this news report, it is not clear exactly what happened to cause the SUV to run into the children.

Continue reading "New Jersey Halloween Auto Accident Proves Fatal" »

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Posted In: Automobile Accidents , Pedestrain Accidents , Personal Injury , Wrongful Death

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