Friday, August 28, 2009
ST. PAUL PERSONAL INJURY ATTORNEYS DISCUSS PERSONAL WATER CRAFT OR JET SKI HAZARDS - PART 3
In my last two entries, I discussed the problem of body cavity injuries the can occur if a person - usually a passenger - falls of the back of a jet ski or personal water craft into the jet wash. I also discussed how including fine print warnings on the back of the jet ski doesn't fix the problem and won't, in my opinion, absolve the manufacturer of product liability claims.
So what should a manufacturer do? There are a few simple and cost effective answers. First, manufacturers should install seat-backs on the back of these multi-passnger crafts. The seatbacks don't have to extend up two feet. Many manufacturers, including Yamaha and Kawasaki, are using shorter seat-backs on some of their crafts that help to keep passengers from falling off the back. These seat-backs should, in my opinion, be on every mulit-passenger craft.
Second, most of these jet skis just don't have a good place for the passenger to hold on. They should have grab handles on the sides of the seats that are easy to find and hold on to.
And last, all personal water crafts have to have a lanyard that attaches to passengers as well as the driver. If the driver falls off, the lanyard pulls from the machine and cuts the engine. For years, manufacturers have been saying that lanyards don't work for passengers because they don't cut the engine quickly enough to avoid body cavity injuries. Of course, with the money they've spent defending their designs, they may have been able to develop a lanyard shut off switch that could have solved the problem.
If you need to speak with a personal water craft or jet ski attorney, call product liability lawyer, Nate Bjerke of Champion Law in St. Paul, Minnesota at 651.766.5886.
Thursday, August 20, 2009
ST. PAUL PERSONAL INJURY ATTORNEYS DISCUSS PERSONAL WATER CRAFT OR JET SKI HAZARDS - PART 2
In my last blog entry, I discussed the potential for horrific orifice injuries that can happen if a person falls off the back of a personal water craft or jet ski. People who fall off the back often land on their back with their feet up in the air, leaving themselves open to the jet thrust of water that propels these crafts. The injuries are life changing and can literally rip out a persons insides. So why do these injuries happen? Because manufacturers have ignored one of the most basic rules of product design.
THE DESIGN TRILOGY
In designing products and Minnesota product liability law, there is a long-held axiom that manufacturers must analyze the potential product for hazards. After identifying the hazards, the designer or manufacturer must then follow a three step process: 1) determine if it is feasible to eliminate the hazard by simply designing it out of the product; 2) if the hazard cannot be designed out of the product, there should be a guard installed. An example is a guard on a punch press or other industrial equipment that prevents users from getting their hands caught in dangreous areas of the machine; and 3) if it is not feasible to either design out the hazard or guard against it, the manufacturer must warn users about the hazard.
Unfortunately, many manufacturers of personal water crafts and jet skis have moved straight to the third option and left a dangerous design that allows people to fall off the back of the crafts into the jet wash. They use fine-print warnings like the one shown above.
In the next entry of this blog, I will discuss the things manufacturers of personal water craft and jet skis should be doing to eliminate this hazard.
If you have any questions about Minnesota product liability law, personal water craft lawsuits or jet ski lawsuits, visit the Champion Law web-site or call product liability attorney, Nate Bjerke, at 651.766.5886.
Tuesday, August 18, 2009
ST. PAUL PERSONAL INJURY ATTORNEYS DISCUSS PERSONAL WATER CRAFT (JET SKI) INJURIES UNKNOWN TO MOST MINNESOTANS
A largely unknown risk of riding personal water crafts like the one shown here relates to falling off the back of the craft. If riders of these jet skis are not wearing wet-suits or other protective clothing and they fall off the back, they can suffer serious internal injuries from the personal water craft's jet propulsion. The water stream created by the craft can thrust water into the person's orifices, causing devastating injuries.
Manufacturers like Polaris, Sea Doo and Kawasaki have known about this danger for years. In response, they starting placing warning labels warning of "orifice injuries" on the back of these products (in tiny print) and in owner's manuals since about 2002. But these warnings just aren't effective. First, they often aren't read - especially by passengers who are likely to be on the back of these personal water crafts. Second, if they are read, the odds of a passenger having a wet-suit handy are slim.
So what should the manufacturer's do? I'll discuss that issue in my next blog entry.
If you have questions about a personal water craft or jet ski injury, contact a Minnesota product liabilty lawyer like me, Nate Bjerke, of Champion Law LLC at 651.766.5886.
Wednesday, July 29, 2009
ST. PAUL ATTORNEYS DISCUSS HONDA AIRBAG RECALL THAT WILL AFFECT MINNESOTANS
Honda is recalling model year 2001 Civic and Accord vehicles after determining that the driver's airbag inflator could produce excessive internal pressure. If an affected airbag deploys, the increased internal pressure may cause the inflator to rupture. If this happens, metal fragments could pass through the air bag cushion material, leaving the driver vulnerable to shrapnel type injuries.
If you have a 2001 Honda Civic or Accord, take the vehicle in to a Honda dealer who will replace the airbag inflator, free of charge.
If you have questions about airbags defects or other vehicle safety defects, contact Minnesota automobile product liability lawyer Nate Bjerke of Champion Law LLC who knows the industry secrets. Give us a call at 651.766.5886 or log onto our personal injury and product liability web-site. We'll be happy to answer your questions, free of charge.
- Click here to view the federal government's synopsis of the recall.
- Search the federal governments list of recalled vehicles.
Monday, July 6, 2009
MINNESOTA PRODUCT LIABILITY LAWYERS DISCUSS RECENT BRIDGESTONE/FIRESTONE TIRE RECALL
Bridgestone is recalling 127,183 Firestone FR380 tires, size P235/75R15, manufactured from September 9, 2007 through July 2, 2008. These tires were produced with insufficient tread base gauge. Continued use of the subject tires may lead to vibration and groove cracking and eventually, tread separation. When the tread from a tire separates, the vehicle becomes extremely difficult to control. Tread separation was the basis for the product liability claims in the Ford/Firestone cases that received so much media attention several years ago. Tread separation often leads to rollovers, especially in trucks, vans and SUVs.
If you have Bridgestone/Firestone tires on your vehicle, check the tires to see if they fall within the recall range - the tire number is printed on the sidewall of each tire. If so, stop driving on these tires and get to a Bridgesone/Firestone tire dealership for a free replacement. For more information on this recall, visit the National Highway Transportation Safety Administration's web-site.
The Minnesota tire defect lawyers at Champion Law haven't just talked about or studied tire defects, we've told the tire defect story to real people in jury boxes. If you have questions about a Bridgestone/Firestone tire defect or recall, call us at 651.766.5886 or visit our web-site for more free information.
Wednesday, July 1, 2009
NEW BRIGHTON DROWING - WERE SAFETY RULES BROKEN?
Reports state that six-year-old Kyarke (Jackie) Lah set out to swim from shore to the swimming raft and never made it. A lifeguard spotted Lah as he struggled in a designated corridor between the shallow swimming area and the raft. Rescuers called 911, but Lah was unresponsive when they pulled him from 8 feet of water several minutes later. He later died at Gillette Children's Hospital in St. Paul.
By Thursday afternoon, the rafts at Long Lake and Roseville's Lake Josephine, where a 16-year drowned Saturday evening, were gone for good.
We at Champion Law offer our sincerest condolences and prayers to the Lah family. If asked, I would counsel the family to hire an experience personal injury lawyer to investigate the cause of this tragedy.
As parents, this tragic case should serve as a harsh reminder for things to look for to keep our kids safe at the beach or pool.
First, it goes without saying that even if your child is a strong swimmer, kids get tired. They need breaks and constant supervision when they are in the water. If you're not sure about their ability in the water, make them wear a life vest.
Second, beware of swimming rafts. Swimming rafts like the one that was just removed at Long Lake are not nearly as common as they once were simply because they do pose a dangerous risk to weaker swimmers or young children. In fact, none of the public beaches run by Minneapolis, Washington County or the Three Rivers Park District have rafts, parks officials said Thursday. Nor do beaches at Lake Phalen in St. Paul or Lebanon Hills Regional Park in Dakota County.
Third, make sure there are enough life guards on duty for the popluation of people in the water. Reports in this case have varied from three to five lifeguards being on duty. But with more than 100 people in the water - many of whom were children - that may not have been enough.
And last, if you send your child to a beach or pool with a group, make absolutely certain there are enough adults supervising the trip. I have heard only rumors about the number of adult supervisors on the Long Lake trip, so I won't commment on whether the amount was adequate. But in my view, anything less than a 3:1 child to adult ratio is unacceptable.
For more information on this tragic story, click on the following links:
St. Paul Pioneer Press
Raft removed from Long Lake Beach
KARE 11
Star Tribune - are swimming rafts hazardous?
Wednesday, June 24, 2009
MINNSOTA ROLLOVER ATTORNEYS DISCUSS FATAL OAKDALE ROLLOVER ACCIDENT
Friday, June 19, 2009
MINNESOTA SEATBELT ATTORNEYS HELP YOU SPOT SEATBELT DEFECTS
Here are some classic signs of seatbelt defects:
- Both serious and non-serious injuries to belted occupants. For example, one seatbelted occupant walks away while another seatbelted occupant is paralyzed or suffers a serious head injury;
- An injured occupant is found wearing a loose-fitting seatbelt. This could indicate excess slack caused by improper retractor performance;
- An occupant is found unbelted but witnesses swear the occupant was seatbelted before the crash. Better yet, the occupant has seat belt marks on her body, but was unbelted after the crash. All of these could indicate unlatching or false-latching of the seatbelt buckle;
- Serious injuries in only moderately severe crashes. When restraint systems work properly, occupants typically are not seriously injured in moderate speed crashes; or
- The seatbelt webbing is torn or ripped or the seatbelt is pulled loose from one or more of its anchors.
If you have questions about whether there is a seatbelt defect in your vehicle, contact Minnesota seatbelt attorney, Nate Bjerke, of Champion Law. I will answer any questions you have and provide a free evaluation as to whether you may have a product liability claim against the manufacturer. You can reach me at 651.766.5886 or by visiting our web-site.
Friday, June 12, 2009
MINNESOTA BURN INJURY LAWYERS DISCUSS WACONIA PROPANE FIRE
Tuesday, June 9, 2009
MINNESOTA SEAT BELT LAWYERS COMMEND LAW REQUIRING EVERYONE IN THE VEHICLE TO BUCKLE UP
Monday, June 8, 2009
MINNESOTA PRODUCT LIABILITY 101
When any of us uses a product, we assume that the manufacturer has looked out for our well-being and safety in designing, testing and making the product. Tragically, this isn’t always the case. Some manufacturers are more concerned with the bottom line than with the impact an unsafe product can have on its user. As a former product liability defense lawyer, I know this all too well. The end result is dangerous and unsafe products that lead to personal injuries.
Minnesota's Product liability laws exist to hold manufacturers and sellers of unsafe and dangerous products responsible by compensating injury victims. But proving a manufacturer was negligent – or did or didn’t do something they should have – can be difficult. So most states, including Minnesota, have adopted ”strict liability” laws to help level the playing field. Under strict liability, the focus is on the product rather than the manufacturer’s conduct. In other words, no matter how much care a manufacturer took in making a product, if the product is “unreasonably dangerous”, the injured person does not have to prove the manufacturer acted negligently.
In Minnesota, for example, to collect on a product liability claim, an injured person only has to prove that:
1) The product was defective and in an unreasonably dangerous condition;
2) That the defect existed when the product left the manufacturer or seller’s control; and
3) That the defect in the product was the proximate or substantial cause of the injury.
If you have been injured by a dangerous or defective product, contact an experienced product liability attorney Nate Bjerke at Champion Law. Our lawyers have handled product liability cases in the Twin Cities, greater Minnesota and across the country. Call us in St. Paul at 651-766-5886 or Minneapolis at 612-743-4918.
Sunday, June 7, 2009
MINNESOTA PRODUCT LIABILITY RECALL ALERT: TRIPLE PLAY SIT-N-STROLL CHILD CAR SEAT
When we strap our kids into a child car seat, we expect they will be protected. This Triple Play recall, however, addresses a serious safety defect in the webbing used to secure the child in the seat. Specifically, the webbing used int he center adjuster for the harness fails to comply with initial break strength requireements of Federal Motor Vehicle Safety Standard 213, "Child Restraint Systems." Because of this child seat defect, the child may not be properly restrained in a crash, resulting in possibly injuries or even death to the child.
If you have one of these seats for your infant or toddler, stop using the seat immediately. Triple Play should be contacting you, but if you have questions in the meantime, contact Nate Bjerke or one of the other Minnesota child seat product liability lawyers at Champion Law to discuss your options. You can call us anytime for free at 651.766.5886.
Friday, June 5, 2009
FORD PINTO FIRE BURNS MAN IN ST. CLOUD MINNESOTA
The Ford Pinto is one of the most notorious examples of corporate greed and puttingt profits over safety. The photograph above shows another Pinto that was burned after a crash. Ford knew the Pinto's fuel tank was in a dangerous postion - behind the rear axle - that left the tank virtually unprotected if the Pinto was involved in foreseeable rear-end accidents. In fact, Ford wrote a "cost-benefit" memo that discussed the cost of fixing the problem versus the cost of paying off claims and lawsuits brought by people who were hurt or killed by this deadly defect. This is the epitome of corporate greed and a case that certainly gives rise to an automotive product liability suit against Ford for its reckless choices.
My advice to Mr. Hinkemeyer and his family would be to make sure the vehicle is preserved and stored in a safe place and to immediately contact an experienced automotive product liability attorney to take the steps needed to investigate the accident and allow him to focus on his recovery.
If you or anyone you know has questions about automotive defects, crashworthiness or other product liability claims, I would be happy to answer your questions. Just call me at 651.766.5886 or visit our firm's web-site.
Thursday, June 4, 2009
GM TRYING TO AVOID PRODUCT LIABILITY SUITS
Like the two victims of Chrysler airbag non-deployments I blogged about last week, consumers injured by defective General Motors vehicles for things like rollover crashes, airbag defects, or seatbelt defects will be left without recourse if GM has its way.
Consumer groups like The Center For Justice and Democracy and the Center for Auto Safety are fighting side by side with product liability lawyers to prevent this from happening.
For more information, follow these links or contact the automobile product liability attorneys at Champion Law.
Bloomburg: Consumers Seek Relief as Chrysler Bankruptcy Derails Lawsuits
MSNBC: Hardet hit bankruptcy victims
Click on Detroit: Death of a Mother and Wife may go uncompensated (video)
Monday, June 1, 2009
Product Liability and Worker's Compensation: two sources of recovery for work injuries
For example, I am handling the product liability portion of the case involving the product shown above. A young man working for a tree service was injured at work when the flywheel on a stump grinder pictured above expoloded. The pieces of the flywheel flew into his hand, causing permanent injuries and loss of function.
Thursday, May 28, 2009
CHILDREN'S PRODUCT LIABILITY: TOYS "R" US STEP2 PLAY SETS RECALL
The defect that may lead to product liability focuses on a fall hazard - the triangular hangers (pictured to the right) that attach the swing’s ropes to the upper rail of the play set can break and cause children to fall. If you own one of these Step2 Play Up Gym play sets, stop using it immediately and click on this link to receive free replacement parts.
Manufacturers of all products - but especially children's products - need very thorough and careful processes for designing, testing and manufacturing their products. Sometimes, however, manufacturers don't do what is right and what the law requires them to do. We are here to level the playing field.
Former product liabilty defense attorney, Nate Bjerke, worked for manufactuers in product liability cases for over a decade. He learned the secrets to holding manufacturers responsible for personal injuries. If you have questions about the Step2 Play Up Gym, other children's products or safety or product liaibility in general, contact Nate at 651.766.5886 for a free consultation or visit Champion Law's web-site.
CHRYSLER AND FIAT ASK COURT FOR PERMISSION TO "DODGE" PRODUCT LIABILITY
CANNONDALE BICYCLE RECALL – 2009 Models Six 5, Six 6, Six Carbon 5 and Six Carbon 6 Bicycles
The U.S. Consumer Product Safety Commission (CPSC) recently announced a voluntary recall of several defective Cannondale bicycles. The Cannondale bicycles included in this recall are the 2009 models Six 5, Six 6, Six Carbon 5 and Six Carbon 6 Bicycles. This recall affects about 1,300 defective bicycles.
The defect exists because the Cannondale bicycles fail to meet the federal safety standards. Spoke protector discs, required on bicycles to prevent the bicycle chain from interfering or suddenly stopping the wheel, are missing from these bicycles. The photographs above show this hazard.
If you have one of these defective Cannondale bikes, stop riding it and immediately contact any authorized Cannondale bicycle dealer for a free repair. For additional information, visit Cannondale’s Web site at http://www.cannondale.com/.
I haven't determined why Cannondale sold bicycles without this important safety component - but it appears to be a simple manufacturing defect or oversight. Regardless of the reason for the defect, product liabilit law in Minnesota, Wisconsin and most states hold manufacturers like Cannondale responsible for product liability regardless of why the product defect exists. If you have questions about the Cannondale recall or any othe issues concerning product liability, contact former product liability defense attorney, Nate Bjerke of Champion Law at 651.766.5886 or visit the firm's web-site.
Wednesday, May 27, 2009
FEDERAL GOVERNMENT TO REQUIRE SEATBELTS ON COMMERCIAL BUSES
Unfortunately, it took several deaths and needless injuries to bring about this change. After analyzing the events surrounding a 2008 Utah bus rollover in which nine people died and 43 were injured (pictured above), the NTSB concluded that federal regulations just don't protect bus passengers like they should. The American Association for Justice then got involved and called for new rules.
Safety advocates, including the NTSB and the AAJ, reproached the NHTSA for acting too slowly in making much needed safety improvements on commercial buses. “The finding from the NTSB shows how the public is endangered when federal agencies drag their feet,” said Gerie Voss, the AAJ Director of Regulatory Affairs. “The Obama Administration must make updating transportation safety standards a priority.”
According to Ron Medford, the NHTSA’s acting administrator, commercial bus safety has become one of the agency’s top priorities. “I think it is true that the NHTSA was slow to act,” he told the Detroit News. Although nearly as many Americans travel on commercial buses as they do airplanes, buses are the least regulated motor vehicles under the NHTSA’s jurisdiction.
If you or a loved one has been injured in a commercial bus crash or just has questions about product liability or product safety. call attorney Nate Bjerke of Champion Law at 651.766.5886, or visit the firm's web-site.
Tuesday, May 26, 2009
CAR SEAT SAFETY IN MINNESOTA AND DEFECTIVE DESIGNN INFORMATION
Beginning July 1, 2009, Minnesota state law requires that children age 7 and under be restrained in an appropriate, federally approved car seat or booster seat, unless the child is 4'9" or taller. Car seats must be installed and used according to manufacturer's instructions.
Minnesota law also requires that infants under one year of age and weighing less than 20 pounds must ride in a rear-facing car seat. The state of Minnesota suggests that compliance with car seat safety law is a minimum safety standard, and suggests that children remain in a booster seat to 80 pounds and remain in the back seat until age 13.
Car seats are designed to protect a child from injury in the event of a car accident. The countless injuries and recalls over the past few decades seem to be evidence to the contrary. There are seven major manufacturers of child seats. Over the course of the last 10 years, the seven major manufacturers - Graco, Century, Cosco (Dorel), Evenflo, Fisher-Price, Kolcraft and Britax have recalled more than 11 million child safety seats for defects such as:
Child Seat Clip Defects
Child Seat Buckle Defects
Detachable Child Seat Defects
Improper Padding on Child Seats
Despite repeated design defects, these recalls are the results of the same types of defects. Unfortunately this is an indication of the failure to implement common safety standards by these manufacturers. Champion Law Office we are committed to protecting children by holding these companies accountable for this negligence. Nate Bjerke is a former products safety defense attorney who is now committed to representing injured victims. Let him share the secrets he has learned over the years in holding these companies accountable. Contact Champion Law at 651 or visit our website
Monday, May 25, 2009
NEW AND TOUGHER ROOF STRENGTH STANDARDS ENACTED TO IMPROVE OCCUPANT PROTECTION IN ROLLOVER CRASHES
In a move designed to help stop needless deaths and injuries in rollover crashes, the National Highway Traffic Safety Administration has adopted a new safety standards for both light vehicles (weighing up to 6,000 pounds) and heavier vehicles (weighing from 6,000 - 12,000 pounds) that will result in dramatically stronger vehicle roof structures.
Under the new standard, light vehicles weighing up to 6,000 pounds will have to withstand a force of three times the vehicle's weight on both sides of the vehicle's roof. The old standard required the roof to withstand a force of 1.5 times the vehicle's weight on only one side of the roof. Heavier vehicles, weighing from 6,000 to 10,000 pounds, will now have an actual roof safety standards they will have to meet - there is no such standard now. Their roofs will have to withstand a force equivalent to 1.5 times the vehicle's weight.
The phase-in period will start in September 2012 and must be completed for all vehicles within these weight ranges by the 2017 model year. This new standard should increase passenger protection during rollover crashes and we, like most product liability and safety advocates, are pleased with this development. But, we agree with the NHTSA that making roofs stronger is only way to help prevent injuries and deaths in rollover crashes. According to the NHTSA, about 10,000 people are killed in the US each year in rollover crashes, and roof strength was a factor in only 667 of those deaths. The NHTSA estimates that the new roof safety standards will prevent another 135 rollover fatalities each year.
The best way, of course, to prevent injuries and deaths in rollover crashes is to prevent vehicles from rolling over in the first place. The NHTSA says electronic stability control (ESC) can reduce rollover deaths by anywhere from 4,200 to 5,500 fatalities each year. Wearing your seat belts is another effective way to protect yourself in rollover crashes - the NHTSA estimates seat belts reduce fatalities in rollover crashes by as much as 80% in trucks and 74% in passenger cars, largely by reducing the likelihood of occupant ejection. In most instances, just meeting the minimum federal standards doesn't mean a manufacturer has done everything it should to make a vehicle safe in rollover crashes or any other kind of car accident.
When manufacturers sell vehicles that have defects in safety systems that cause personal injuries or death, the injury victim may be entitled to compensation under a product liability theory. If you have questions about rollover accidents or product liability in general, call the rollover accident attorneys at Champion Law LLC at 651.766.5886 or visit our web-site for more information