Important Vehicle Recall Update and What Consumers Need to Know

Auto manufacturers are recalling more vehicles than any other time in U.S. history. According to the National Highway Traffic Safety Administration (NHTSA), approximately 46 million cars have been recalled so far this year. The problem is many drivers have no idea that their cars are under recall. According to the NHTSA, 1-in-5 cars that are on the road are under some type of auto recall. The Takata airbag recall accounted for more than 37 million recalls after the defective airbags caused 23 deaths worldwide over recent years. Thousands of individuals were injured due to these defective devices, as well. As a result, the U.S. Department of Transportation launched a website called Airbag Recall to keep drivers updated on recall notices. The following vehicle recalls have been issued in the last year: 8 million recalls for cruise control problems; 4 million recalls due to loose steering wheels; 350,000 transmission shifter recalls; and 123,000 power steering recalls. Federal law dictates that auto manufacturers send written notification to all car owners if a recall is issued for their specific vehicle. While this written notification is legally required, it does not always make its way the current car owner. If ownership has transferred or someone has moved, the auto manufacturer may not have the most recent information for the owner. It is helpful if a potential purchaser reviews the car’s history before buying the car. Many different sites and apps exist to allow for a quick search, including CarFax. By entering the license plate or vehicle identification number (VIN), the owner or purchaser can get all of the recalls that exist for the...

The Most Common Types of Slip and Fall Injuries

The idea of simply slipping and falling may seem minor but slip and fall injuries can range from serious to life-altering. Not only can these injuries be painful, they can end up being costly in terms of medical bills and lost wages due to having to miss work due to injuries.  The following are some of the more common types of injuries we as attorneys see in slip and fall cases. Cuts and Bruises Some of the more common injuries that result from a slip and fall are cuts and bruises, also known as abrasions. Cuts and bruises to the leg and arm are common, but other parts of the body can be affected as well, depending on the injury. Some of these only require first-aid type of treatment but others may need stitches or more serious treatment. Broken Bones If the fall is severe, broken bones can result. These breaks can be minor fractures to severe breaks or even dislocation of bones. If the individual who falls has weaker bones, the breaks can take more time to heal and require casts and ongoing physical therapy. Broken hips are common injuries when it comes to older individuals falling.  Broken bones require immediate treatment and can be painful and debilitating. Swelling will almost always occur, and if the swelling gets out of hand, this can make it difficult to treat the break. Therefore, if you have any suspicion that you broke a bone, it is extremely important that you go to an emergency room to be properly diagnosed and treated. Soft Tissue Injuries Soft tissue injuries also result from slip...

Premises Liability Law and a Business Owner’s Duty 

Premises liability is a legal term that often comes up in personal injury and slip and fall cases when a person is injured on someone else’s property, whether that be at a business or on someone’s personal property. This injury is usually due to an unsafe condition or undetected hazard on that property. Premises liability cases are based on laws of negligence. In order to have a successful claim, the injured person must show that the business owner was negligent in his or her ownership or maintenance of the property. Negligence means the property owner failed to use reasonable care with respect to the condition of the property and because of this failure, an injury occurred. The dangerous or hazardous condition does not have to be specifically known by the business owner. All that has to be shown is that the property or business owner knew or should have known of the unsafe condition and failed to take the steps necessary to fix it. This means that the property or business owner has a duty of routinely inspecting his or her property to ensure that there are no unforeseen hazards that could hurt others while on their property. Property owners are charged with the duty to ensure that the property is safe for anyone who enters his or her property, but this duty extends even further for those who are considered invitees and licensees on the property. An invitee is someone who has the property owner’s express or implied permission to be there, such as friends, relatives or neighbors. A licensee is a person who has the property owners...

Common Causes of Slip and Fall Accidents

Slip and fall accidents can happen anywhere, at any time. Many times, falls happen through the negligence of the injured person, but other times, they occur because of the negligence of the property owner or business. Here are some of the most common causes of slip and fall accidents.  Floors The most obvious reason why someone slips and falls is due to something being on the floor causing the individual to lose his or her balance. Property owners have a duty to maintain their common areas, specifically the floors. All floors are expected to be clean of liquids and debris, and if the property owner fails to maintain the floors in a safe manner, he or she can be held responsible. Some of the more common ways flooring can lead to injuries include: The property owner not putting up adequate warnings or notices that the floor was being cleaned, was still wet or damp or had any other hazards; If an area was damp or wet, the property or business owner failed to put up adequate barriers to close off the area; The property or business owner used too much wax or polish on the floor or applied it unevenly, leaving one area too slick; The property or business owner applied a floor treatment to a part of the floor that was on an incline or slope, leaving it dangerous to walk upon; or The property or business owner failed to use a “non-skid” floor treatment if that type of floor treatment is required. Essentially any time the property owner is negligent in maintaining carpeted floors, rugs or mats...

Important Steps to Take After a Slip and Fall Accident

After being injured in a slip and fall accident, it can be confusing and unclear what you should do to protect your legal rights and receive compensation for your injuries. However, taking the proper steps immediately after a slip and fall can make all the difference if you find yourself having to file a lawsuit after the accident.  Timing is critical. Get Medical Treatment for Any Injuries: First and foremost, if you are injured in a slip and fall, no matter how minor the injuries are, it is important that the injured individual seek medical attention as soon as possible. Most slip and fall accidents result in relatively minor injuries, but more serious injuries, such as trauma to the head or broken bones, can occur. Additionally, many injuries do not manifest until after the accident, so it is important to document what happened by seeing a medical professional and getting a professional diagnosis in writing of any injuries that may have occurred. It helps to see a doctor quickly, as well, while the incident is fresh in your mind in terms of what happened and how you were injured. Report the Accident to the Property Owner: If you are hurt in a slip and fall accident, it is important that you notify the property owner or at least someone responsible, such as a supervisor or manager who is present. If you suffer a slip and fall while on public property, such as in a city building or park, the injury needs to be reported to the city or town as soon as possible. The first report may be made...

Liability for Passengers Injured While on a Cruise Ship

If a passenger is injured while on a cruise ship, one might ask whether the cruise ship company is liable for that person’s injuries.  However, this determination is highly fact-specific. Certain factors play into whether the cruise ship is responsible, and it should not always be assumed that just because a passenger is injured while onboard a cruise ship, that the ship will be held liable. Negligence on Behalf of the Cruise Ship If an individual is hurt while on a cruise ship and wants to hold the cruise line responsible, he or she will need to show that the cruise ship was negligent in some manner. Simply being injured is not enough to show that the cruise line was negligent and is at-fault. Negligence means that the cruise line failed to act with reasonable care, and because of this failure, the individual was injured or damages occurred as a result. Slip, trips and falls are common occurrences on cruise lines.  Examples include a passenger falling down a staircase, slipping and falling somewhere on the ship, or tripping over a threshold on the ship.  Sexual assaults or other intentional acts by someone hired by the cruise line can also happen while on the ship or while on a cruise ship excursion. Specific Examples of Liability: Staircase Liability Falls often happen on staircases on cruise ships. Many factors can play into whether the person who falls down a staircase is at fault or whether someone else holds responsibility. Something else could have caused the person to fall, such as some type of liquid or foreign substance on the stairs, poorly...
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