Louisiana Injury Lawyer Blog

A 19 year old active duty soldier was killed in a single vehicle car crash in Natchitoches Parish, Louisiana on July 2, 2010, when his 1994 Ford Explorer ran off the right side of Louisiana Highway 120 in a curve. As the driver attempted to reenter the highway, he over-corrected and his Ford Explorer began to rotate to the left and then rolled over. The driver was not wearing his seat belt.

Louisiana State Troopers in Troop E have investigated 32 fatal car crashes this year, resulting in 37 fatalities

Continue reading "Louisiana Soldier Killed in Ford Rollover Accident in Natchitoches" »

On the evening of March 31, 2010, a distracted Louisiana truck driver allegedly caused a nine vehicle accident on Interstate 57 in Illinois, when the 18 wheeler he was operating rear-ended a vehicle in a construction zone. The Louisiana truck driver was allegedly looking down at a map when he encountered the slow moving traffic. Three people were killed when their SUV caught on fire. Thirteen people were hospitalized.

According to the United State Department of Transportation, there are three primary types of distracted driving: 1) visual or taking your eyes off the road; 2) manual or taking you hands of the wheel; and 3) cognitive or taking your mind off what you are doing. Examples of activities that distract drivers include texting, grooming, talking to passengers, eating and drinking, reading (including maps), watching electronic devices, using a cell phone and changing the radio station or other music player.

Continue reading "Distracted Louisiana Truck Driver Causes Rear End 18 Wheeler Accident in Illinois" »

On March 19, 2010, an Iowa jury returned a $32.8 million verdict in favor of Ivon Toe, Assata Karlar and five passengers in a 1997 Chrysler minivan that rolled over after sustaining a tire tread separation on the rear mounted Cooper Tire. Ivon Toe was rendered quadriplegic and Assata Karla suffered a wrongful death. Part of the jury verdict included punitive damages assessed against Cooper Tire. The plaintiffs' attorneys relied on Cooper Tire's delay for years in making needed changes to its tires despite Cooper Tire documents wherein Cooper Tire executives discussed tire failure rates and the cost of remediation. Cooper Tire claims its tires, including the tire involved in the Toe case, "are safe and reliable, exceeding not only all government standards but also our own, more rigorous, internal standards." Cooper Tire says it will appeal the jury's verdict. The case is Toe v. Cooper Tire and Rubber, CL 10694, Iowa District Court, Polk County (Des Moines).

Continue reading "Cooper Tire Tread Separation Results in $32.8 Million Jury Verdict for Rollover Accident Resulting in Quadriplegia and Wrongful Death" »

2.3 million Toyota vehicles in the United States were recalled by Toyota Motor Corporation because of defective accelerator pedals. Because of a defective mechanism, the gas pedal can become stuck causing sudden acceleration. Included in the recall are the 2009-2010 Toyota RAV4; 2009-2010 Toyota Corolla; 2009-2010 Toyota Matrix; 2005-2010 Toyota Avalon; 2007-2010 Toyota Camry; 2010 Toyota Highlander; 2007-2010 Toyota Tundra; and the 2008-2010 Toyota Sequoia SUV. Toyota had been blaming the sudden acceleration problem on floor mats becoming lodged under or against the gas pedal.

Under Louisiana law, personal injury and wrongful death claims against Toyota for injuries caused by an unreasonably dangerous defective gas pedal are governed by the Louisiana Product Liability Act, La.R.S. 9:2800.51, et seq.

Continue reading "Louisiana Consumers Affected by Toyota Recall - Sudden Acceleration Caused by Defective Gas Pedal" »

A Tickfaw, Louisiana woman was killed on January 12, 2010 on I-12 in Hammond, Louisiana, when her 2004 Mercury Mountaineer sustained a rear left tire blowout, causing the SUV to roll over several times. The cause of the tire blowout is unknown at this time. It could have been caused by impact damage, excessive wear, or improper installation, inflation or maintenance. Or, many SUV rollover and tire blowout accidents are actually caused by product defects in the SUV and tire. In order to properly investigate the potential product defects in the SUV and tire, the SUV and tire must be preserved for testing.

Common tire defects include a lack of an adequate antidegradant and antioxidant package; inadequate adhesion in the tread belt system; lack of or insufficient belt edge wedges or "gum strips"; a thin inner liner that allows air to leak into the carcass of the tire; and lack of nylon overlays or cap plies. Correction of these common tire defects can prevent catastrophic tread belt separation that lead to tire blowout. Additionally, some SUVs are improperly designed and manufactured with defective handling characteristics; with a roof structure that does not maintain structural integrity in a rollover; with an extremely high center of gravity which results in a propensity to roll over; and with a suspension designed and manufactured in such a manner as to allow the rear end of the vehicle to skate under foreseeable circumstances, resulting in a propensity to overturn. Some SUV manufacturers have even allowed and approved the installation of larger size tires than the vehicle was designed for, thereby increasing the vehicle's center of gravity and the potential for SUV rollover, and required a substandard inflation pressure for the SUV's tires.

Continue reading "Tire Blowout in Hammond, Louisiana Results in SUV Rollover Death" »

Two men supposedly cooking fish were rushed to Springhill Medical Center and then to LSU Medical Center's Burn Unit in Shreveport, Louisiana, with serious burn injuries following an explosion at their Sarepta, Louisiana home on December 29, 2009. Webster Parish Deputies are investigating the true cause of the explosion. According to the United States Fire Administration, 84% of all civilian fire deaths occurred in residences in 2008. Baton Rouge, Louisiana burn injury attorney, Scott Andrews, warns residents to never leave an active cooking appliance unattended, never place hazardous or flammable liquids near a gas hot water heater, and never leave flammable materials near space heaters.

Continue reading "Louisiana Men in Shreveport Hospital with Serious Burn Injuries Following Webster Parish Home Explosion" »

On December 22, 2009, the Consumer Product Safety Commission announced that approximately 8,500 Polaris All-Terrain Vehicles (Sportsman ATVs) manufactured between January and August 2009 and sold between February 2009 through November 2009 were voluntarily recalled by Polaris Industries, Inc. . Polaris has received 19 reports of incidents involving the loss of steering control in the 2009-2010 Sportsman ATVs after the front suspension ball joint stem separated from the steering knuckle. The following models are included in the recall:

2009 Sportsman XP 550
2009 Sportsman XP 550 EPS
2010 Sportsman 550
2010 Sportsman X2 550
2010 Sportsman Touring 550
2009/2010 Sportsman XP 850
2009/2010 Sportsman XP850 EPS
2010 Sportsman Touring 850

The Consumer Product Safety Commission warns consumers to immediately stop using the recalled Polaris Sportsman ATVs and to contact their local Polaris dealer to determine if your model and VIN number are included in this recall and to schedule a free repair. Polaris is supposed to be directly contacting registered owners about the recall. For additional information about the Polaris ATV recall, you can contact Polaris at (888) 704-5290 or visit the company's Web site.

Baton Rouge, Louisiana personal injury attorney, Scott Andrews, warns consumers not to wait until after the hunting season to get their recalled Polaris ATV repaired because the risk of injury and death is too great: "I have had numerous clients over the years call me after being injured by a defective recalled product and they tell me that they received notice of the recall, but had not gotten the defective product repaired yet when the accident happened. Return the product or get it repaired--do not use the defective product."

Continue reading "Louisiana Sportsmen Beware: Steering Defect Hazard Prompts Recall of Polaris All-Terrain Vehicles (ATVs)" »

Dollar Tree Stores, Inc., in cooperation with the Consumer Product Safety Commission, voluntarily recalled approximately 204,000 Tool Bench Utility Knives sold at Dollar Tree, Dollar Bill$, Greenbacks and Deal$ stores nationwide between April 2009 and October 2009. While Dollar Tree has only received one complaint of injury, the utility knife's blade can slide past the blade support during use, posing a laceration hazard to users. Therefore, users should stop using recalled knives immediately and return them to the store where purchased for a refund.

The recalled utility knives were made in China and distributed by Greenbriar International, Inc. The knife is black or gray and is about 6 inches long and 1 ¼ inches wide. The package includes an extra blade. "Tool Bench Utility Knife" is printed on the front of the product's packaging. "975942," date code "93" and "UPC 639277759429" are printed on the back of the packaging.

Contact Dollar Tree Stores for additional information.

Continue reading "$1 Utility Knives Sold in Louisiana Recalled by Dollar Tree Due to Laceration Hazard" »

The Consumer Product Safety Commission announced that Watts Regulator Company voluntary recalled about 900 one inch 140X-9 Temperature and Pressure Relief Valves sold through distributors nationwide from October 2006 through July 2009 for between $250 and $280. The valves were typically sold as replacement parts for large water heaters used in commercial locations and large homes. The relief valve can fail to reduce pressure and avert failure or rupture of the water heater tank and associated valves, posing rupture and burn hazard to consumers and their property. Consumers and users should immediately contact Watts Regulator to schedule a free repair or to obtain more information.

Continue reading "Rupture and Burn Hazards Prompt Recall of Temperature and Pressure Relief Valves for Large Water Heaters by Watts Regulator " »

The Proctor & Gamble Company voluntarily recalled approximately 700,000 Vicks Dayquil Cold & Flu 24-Count Bonus Pack Liquicaps (UPC#: 3 23900 01087 1) sold nationwide in drug stores, grocery stores and other retail establishments between September 2008 and December 2009. The cold and flu medicine contains acetaminophen and is not in child-resistant packaging and lacks the statement, "This Package for Households Without Young Children," as required by the Poison Prevention Packaging Act. The recalled Vicks Dayquil Liquicaps could cause serious health problems or death to a child if several of the capsules are swallowed. The recalled Vicks Dayquil Liquicaps should be kept out of the reach of children. Consumers and users should contact Procter & Gamble for more information.

Continue reading "Vicks Dayquil Cold & Flu Liquicaps Recalled by Procter & Gamble Due To Failure to Meet Child-Resistant Closure Requirement " »

Around 26,000 defective log splitters manufactured from November 2008 through October 2009 by MTD Products Inc. of Cleveland Ohio, have been voluntarily recalled by the manufacturer in cooperation with the United States Consumer Product Safety Commission. The reason for the recall is that the control handle of the log splitter could fail to automatically return to the neutral position as it should and could fail to stop the splitting wedge from moving forward, posing an amputation risk to a user's hands and fingers.

The recalled log splitters were sold at Home Depot, Lowe's, Sears, Walmart, hardware stores and by independent dealers from November 2008 through October 2009. Go to the Consumer Product Safety Commission website for a complete list of the log splitter brand names and model numbers included in the log splitter recall.

This is an especially bad time of the year in Louisiana for a defective log splitter to be in the stream of commerce. As a young boy, Baton Rouge, Louisiana injury attorney, Scott Andrews, has vivid recollections of splitting fire wood for the North Louisiana winters, and was especially excited when his father would come home with a log splitter to ease the work load. Scott Andrews reminds consumers to "stop using the recalled log splitters immediately and to contact the manufacturer for further instructions." Injury attorney Andrews also reminds injured consumers that if a finger is traumatically amputated, it can be reimplanted if the amputated finger is taken to the hospital in a timely and proper manner.

Continue reading "Recalled Log Splitters Pose Amputation Hazard" »

Baton Rouge, Louisiana attorney, Paul H. Due', was selected by his peers for inclusion in The Best Lawyers in America ® 2010 for the sixteenth straight year (1995-2010), this time in the fields of Personal Injury Litigation and Products Liability. (Copyright 2010 by Woodward/White, Inc., of Aiken, S.C.). Inclusion in Best Lawyers ® is based on an exhaustive peer-review survey in which more than 32,000 attorneys cast almost two million votes on the legal abilities of other lawyers in their specialties. Lawyers are not required or allowed to pay a fee to be listed for inclusion in Best Lawyers ®.

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Two adults and thirteen children were riding in a mini-van on Interstate 10 in Ascension Parish, Louisiana, around mid-night on November 28, 2009, when a tire blew out, causing the mini-van to strike a box truck in the adjacent lane. The mini-van rolled over several times, ejecting the thirteen unrestrained children. The driver and five of the children are confirmed dead.

This is a terrible tragedy and our hearts and prayers go out to the families of all involved. If the Ford/Firestone rollover/blow-out litigation taught us anything, it is that tire blow-outs and vehicle roll-overs are a dangerous, and often fatal, combination. A properly designed and manufactured tire should not blow-out unless the tire suffers impact damage or has been improperly installed, inflated or maintained. And, a vehicle that sustains a tire blow-out should not rollover under expected and reasonable evasive maneuvers. Any time a tire-blow occurs and a death or serious injury occurs, the tire and vehicle should be preserved so that failure analysis can be conducted. Without the tire and vehicle, it is virtually impossible to determine the cause of the blow-out and rollover, and any legal rights the victims might have against the tire and vehicle manufacturer may be lost.

Continue reading "Six Dead and Nine Injured After Tire Blow-Out and Rollover in Ascension Parish, Louisiana" »

The Consumer Product Safety Commission announced the recall of millions of Stork Craft drop-side cribs on November 23, 2009, following reports of one hundred ten drop-side detachments and four infant deaths. The CPSC determined that a gap can be created between the mattress and the drop-side rail when a piece of the claw on the lower right side of the drop-side rail breaks, allowing the claw to disengage from the lower right side t-rail of the crib.

The Consumer Product Safety Commission determined that at least one Louisiana baby's death has been caused by mechanical asphyxia that occurred when he was trapped in a gap between the drop-side rail and the crib's mattress. The Louisiana baby's parents filed suit against the crib manufacturer in the United States District Court for the Western District of Louisiana in Lafayette, Louisiana.

The CPSC reminds parents not to use any crib with missing, broken, or loose parts, and to not try to repair any side of the crib, especially with tape, wire or rope.

Continue reading "Louisiana Baby is Victim of Defective Crib" »

The 200 foot boom of a crane collapsed onto a fabrication shop at Elevated Boats, Inc. in Houma, Louisiana, killing one man and injuring another on November 17, 2009. The collapse occurred when the steel base of the crane ripped and detached while the crane operator was moving a 30 ton weight from the flat bed of an 18 wheeler. The accident remains under investigation by OSHA.

A crane collapse is usually caused by operator error, defective design of the crane or a component part, or improper maintenance. When injured or killed on-the-job by a crane collapse in Louisiana, worker's compensation is often the exclusive remedy for the injured or killed worker. However, if the crane or a component part is defective, or if the crane was improperly maintained or negligently operated by a contractor or other third-person who is not considered an employer or co-employee, a claim may be made outside of the worker's compensation scheme. And, when an on-the-job crane collapse in Louisiana is covered by the Jones Act or General Maritime Law, a claim for injury or death can sometimes even be made against an employer or co-employee.

Continue reading "Man Killed in Houma, Louisiana by Collapsed Crane" »