Crouse Law Offices. International ⁄ National ⁄ Local Accident Litigators

CRUISE FALLACIES

The cruise ship industry’s spin on the Costa Concordia’s grounding makes the tragedy worse.

A spokesman said that compared to the airline industry the cruise ship industry death rate is lower.  Even if true, we  have been sailing for centuries and we should have figured it out by now.  And although I would never say the sea is without peril, it somehow seems wrong to me to compare a vessel cruising on the earth’s surface at a relatively slow speed to an aircraft hurtling through the air at a high rate of speed.  Plus, what is the ratio of cruise ship operations vs. airline operations and what is the total number of ship passengers vs. airline passengers on any given day?

The comment that was especially offensive was the one that came close to calling the ship’s evacuation successful by saying that “almost all of the 4,000 people onboard the ship got away … safely…But in the scale of the event, the evacuation was achieved.” “Almost all” is not good enough—not this close to shore, or anytime. The fact that “almost all got away” is not the measure for a safe, efficient evacuation. Passengers are not supposed to just “get off” from a ship in distress. They are supposed to be evacuated safely and orderly by the crew. The crew of this ship, without its Captain, failed in providing this most basic of services.

This is an industry with even bigger boats and even bigger profits.  This will happen again and will be worse unless the industry and government address these issues.

Suit Filed Against Lexus In Carbon Monoxide Death

One of new high-tech features on Toyota’s luxury car, the Lexus, maybe deadly as well as nifty.  The keyless ignition system is being linked to several carbon monoxide poison deaths when people leave the car running in the garage without knowing it because the engine runs so quietly. 

This is the case in the death of a 79-year-old Queens’ attorney, reports the NY Daily News.  In February 2009, his long time companion parked their new Lexus in the attached garage and accidentally left the engine running.  The next day she was found unconscious on the bedroom floor and he was dead from carbon monoxide poisoning.  Although she survived, she is unable to walk and has difficulty speaking. 

In her lawsuit, she accuses Toyota of failing to install a “shutdown” switch in the cars – which can be turned on or off at the touch of a button.  The switch would turn off the engine when the car is unoccupied or not touched for a certain amount of time.  The problem at this time is the engine continues to run even after the driver leaves the vehicle with the key fob which communicates with the car’s computer.

Another investigation is still underway in Palm Beach County as to whether or not the August carbon-monoxide death of a 29-year-old woman was caused by the Lexus in her garage.

This is just one more problem for Toyota which has had to recall millions of vehicle for other problems such as pedals and accelerators that could stick.  

As a personal injury attorney who is concerned when deaths occur which could have possibly been avoided, I hope Toyota can find a timely “fix” for this latest problem before any more deaths occur.

John Deere Faces Wrongful Death Lawsuit

The family and estate of a young man killed when he was thrown from a John Deere Dozer and killed during heavy equipment operator school at Associated Training Services of Texas, reports the Southeast Texas Record. 

The lawsuit has been filed against Indiana Mills & Manufacturing Inc. and Deere & Co. The original complaint states the student traveled over a ridge of dirt and then on to a slope when he was thrown from the bulldozer to the ground.  The Dozer continued moving and ran over the young man, killing him. 

Indians Mills & Manufacturing is accused of negligence and strict liability over the design and function of its seatbelt and buckle. John Deere is accused of negligence and strict liability for using an unsafe seatbelt and for failing to use due care and caution in the design and manufacture of the Dozer. 

The family is asking for wrongful death damages, survival damages, compensatory damages, interest, and court costs.

$175K Awarded In Escaped Race Horse Injury

A Madison County, Illinois, jury has awarded $175,000 to a man injured when race horses escaped from their pasture in 2008, according to the Madison Record. 

According to the lawsuit, the owners did not take proper precautions to keep their horses contained.   The plaintiff claimed the horses came out of nowhere onto Illinois State Road 159 and he saw them strike a mini van that was in front of him.  When he swerved to avoid hitting another horse, he heard a “pop” from his right shoulder and although he refused an ambulance the night of the accident, he sought medical help the following day. 

His lost wages and medical bills have cost him over $59,000. 

The owners of the horse farm have over 40 years experience with horses and this was only the second incident in the farm’s history.  Although they speculated the horses jumped the fence, they never found out how the horses escaped.

Family Of City Worker Killed In Mower Accident Settles Lawsuit

A confidential last minute settlement has been reach in the lawsuit brought by the family of a city Parks Department employee who was killed in 2003 by a runaway lawnmower, reports the Telegram& Gazette of Worcester, Mass. 

The 54-year-old man died from injuries he sustained when he was run over by a 6,000 lb. large capacity mower as it rolled down a hill.  The man had stopped the mower and shut off the engine before the mower started to roll – he was run over as he tried to halt the machine. 

His widow filed a wrongful death lawsuit against Textron, Inc which owns the Jacobsen Company, manufacturer of the mower.  The lawsuit accused Textron of selling an unsafe and defective product and of breaching its implied warranty of merchantability.  The lawsuit contends the accident was cause by a defective parking brake in which the cable corroded and broke because the vinyl coating did not cover the entire length. 

Textron denied any negligence and claimed the mower had not been properly maintained.

Parents Sue When Stove Tips And Kills Two-Year-Old

On July 11, 2010, a two-year-old was crushed to death when the stove in his family’s kitchen tipped over on him, reports stltoday.com.  The parents have since filed a wrongful death lawsuit in St. Louis County Circuit Court seeking damages from the Oak Tree Apartments for an undisclosed amount.

The lawsuit claims the accident could have been prevented and the child’s life saved if the landlord had secured the stove with a simple bracket. 

 At least 34 people have been killed since 1980 in similar accidents.  The U.S. Consumer Product Safety Commission counted 107 incidents of injury or death from 1980 through 2006 – half of the fatalities were children under age 2.  Most of the injuries were from burns from hot liquids when the range tipped.  

Accidents such as these are frustrating for safety advocates who have tried for years to prompt people to install the inexpensive bracket.  Pressure on an open oven door – even from a small climbing child – may be enough leverage to cause the stove to pitch forward.  Children often use an open door as a step to be able to reach something on the counter – too often with deadly results.

The making of lighter weight stoves made the industry provide anti-tip brackets since 1991.  Even with the warnings of danger, consumer experts estimate as many as 45 million American homes have not installed the anti-tip device.

$23M Awarded To Family Affected By Pesticide Spray

According to The Republic, a southern Indiana family has been awarded $23.5 million to a family whose two children have suffered severe neurological problems after pesticides were sprayed in their apartment. 

In 1996 the parents sued the Prestwick Square Apartments and its management company after their children started having seizures caused by pesticides sprayed in their apartment in the mid 1990s.  

A year after moving into their apartment in February, 1994, both children were hospitalized with seizures and other neurological problems.  The family moved out of the apartment in January, 1995. 

The daughter, now 20, can do little more than feed herself.  The son, now 17, has physical ability, but is academically and socially challenged. Exposure to Creal-O, a chemical based on the pesticide Diazinon, was cited as the cause of the children’s illnesses. The chemical was banned for residential use by the environmental protection agency in 2004. 

The parents were awarded $500,000 each.  The daughter will receive $16 million and the son will receive $6.5 million.

Hyundai Settles In Death Of Motorcyclist

The Orange County Register reports Hyundai has made a confidential settlement with a family whose son was killed while riding his motorcycle in 2005.  The incident was caused by a Hyundai executive who was driving drunk. 

The 23-year-old musician and motorcyclist was killed when the executive lost control of his Hyundai SUV after drinking at a company –sponsored dinner, hitting the young man causing him to be thrown from his motorcycle onto the freeway where he was run over by several other vehicles.

 The family of the young man sued the executive and Hyundai claiming the company had a corporate culture of promoting drinking at company functions and that Hyundai helped the executive flee the country shortly after the accident.

 The family stated it is pleased with the settlement.  Their son was a college student and participated in a band that often played at Disneyland.

Owner Sued After Man Dies From Dog Bite

The Seattle Times reports the family of a man who died 10 days after being bitten by a dog has sued the dog’s owner. 

According to the family of the victim, the Redbone Coonhound had a history of biting people and was still allowed to roam unleashed.  The owner has denied the dog was off-leash the day he bit the victim. 

The owner and the victim were at a storage facility when the victim was bitten on the finger, drawing blood.  The next day the victim severe pain in his leg and went to the hospital where they found a blood clot in his leg.  Later an infection he developed was diagnose as Capnocytophaga canimorsus sepsis – a bacterium common to cat and dog saliva.  The bacterium led to multiple organ failure and tissue necrosis – a very painful death. 

Although the dog owner contends the dog was in his SUV and the victim reached in the window to pet him, according to state law, a dog’s owner can be held civilly responsible if his or her dog bites someone and the owner knew the dog was potentially dangerous.  The dog has bitten another person earlier the same day and veterinary records show the dog bite people as a puppy. 

When the dog owner’s insurance policies refused to pay the full amount of two policies – about $1.5 million – to the family of the deceased, they decided to sue.

$132M Awarded In Ford Rollover Crash

A Jasper County (Mississippi) jury has awarded the family of a young man killed in a rollover crash in 2001 $132 million – the largest award ever against Ford in a lawsuit involving a Ford Explorer or a Ford Expedition reports the Clarion-Ledger.

The 22-year-old, a Meridian High School standout and a top New York Mets baseball prospect, was killed in March 2001 when he was thrown from a 2001 Ford Explorer.  He was driving to spring training in Port St. Lucie, Fl., when he veered to avoid a vehicle and the Ford SUV rolled over.  The lawsuit blamed the death on a defective seatbelt and the tendency for that model Ford to rollover.  Ford settled for an undisclosed amount in the punitive-damage phase of the lawsuit. 

A passenger in the Ford Explorer received $1.5 million for the injuries he sustained in the crash. 

Ford’s corporate spokesman stated excessive speed and the fact the victim was not wearing a seat belt caused the young man’s death. 

Last year, the U.S. Supreme Court upheld an $82.6 million verdict awarded to a woman in California who was paralyzed in an Explorer rollover.

At Crouse Law Offices we have vast experience in product liablity and wrongful death.  If you have been injured or have had a loved one  killed due to a defective product, call us at 1-919-861-0500 or contact us online.