Personal Injury and Social Security Disability Blog

13 Year Old Boy Killed Riding ATV Without Helmet or Seatbelt

My friend and avid all terrain vehicle rider Jim Coughlin sent me a sad story about a Knox, New York (near Albany) boy who was killed yesterday while riding an ATV. The ATV was apparently being ridden by two teenage boys, neither of whom was wearing a helmet or using a seat belt. The ATV had just been purchased that same day by the boys' parents and grandparents.

These vehicles are powerful and can be dangerous if not ridden properly. It's just foolish to ride one without a helmet. Parents simply cannot let their children ride unattended and untrained. Far too many deaths and tragic injuries have been caused by inexperienced riders. Be careful out there.

Samsung Recalls Cell Phones That May Not Call 911

Samsung is voluntarily recalling about 160,000 cell phones that might refuse to make an emergency call when in a no-service area. The Federal Communications Commission requires that a wireless phone be able to reach a 911 call center even when out of range. The device should be able to piggyback off another network in the area.

The phones in question are the "Jitterbug" models. You can log onto the Consumer Product Safety Commission's Web site to view the products that have been recalled.

Friday Fun

Factory Balls 2 is a continuation of a game I enjoyed in its original version. You take a plain white ball and process it through the factory to make it look like a picture of the finished product. The early levels are easy once you grasp the concept, but it gets harder as you go along. Try it - it forces you to think a little outside-the-box, which is almost always good for us.

60,000 Trampolines Recalled

The Orlando Sentinel reports, "About 60,000 trampolines have been voluntarily recalled by Skywalker Holdings LLC after the company received more than 250 reports of straps that support the top of the equipment's enclosure breaking, the Consumer Product Safety Commission said."

Play sets recalled by Toys R Us. The Los Angeles Times reports, "The Consumer Product Safety Commission today recalled 4,300 play sets sold at Toys R Us, a day after the agency recalled about 60,000 trampolines. Consumers are being asked to stop using the products immediately."From the American Association for Justice news release.

Fiat Attempts to "Dodge" Product Liability Lawsuits

In the Wheels Blog on the New York Times website Christopher Jensen wrote, "Lawyers for Fiat said on Tuesday that in taking over a bankrupt Chrysler, it would be an unfair burden if Fiat had to be responsible for product-liability lawsuits filed over vehicles built by the old Chrysler." He adds that "this means even if a court awards them a substantial sum, they have to compete with the other unsecured creditors to receive the money." Also, "another issue was that most of the people who already have product-liability suits find themselves among the unsecured creditors" and that "'being among the unsecured creditors mean they will get 'little if anything,' according to Richard A. Zitrin, who teaches legal ethics at the University of California's Hastings College of the Law in San Francisco."

From the American Association for Justice news release.

Thousands of Children Injured on Treadmills

Following the tragic death of Mike Tyson's 4-year-old daughter, the Baltimore Sun reported that thousands of children each year are injured on treadmills. Many of the injuries are just scrapes and bruises from falling off the treadmill, but some are more serious, such as broken bones. Often a child will get his or her hand caught in the treadmill belt.

It was the power cord that caused the death of Mike Tyson's daughter, and sadly, such deaths are not rare. Parents should never allow young children to play on treadmills, even when the treadmills are turned off. Any power cord from any appliance is a potential strangulation hazard to a small child.

Massachusetts Considers Law That Allows Doctors To Say They're Sorry

We need a law that lets doctors say "I'm sorry"? Yes, according to the Massachusetts Legislature. Here's part of a story from Boston.com:

Lawmakers are considering a bill that would let doctors say "I'm sorry" without admitting they made a medical mistake.

Doctors have long expressed frustration that showing any compassion toward patients or their families -- especially after a death following an operation or treatment -- can be used against them in a medical malpractice lawsuit.

The bill sponsored by Barnstable Democratic Sen. Robert D. O'Leary would make the expression of "benevolence, regret, sympathy, commiseration, condolence or compassion" inadmissible as evidence in such a lawsuit.

Attempt to Regulate Hydroxycut Products Shows Limits of FDA's Power Over Supplements

The Los Angeles Times reported, "The push to get Hydroxycut products off the market is the first test of legislation and federal regulations that have given the Food and Drug Administration some new regulatory powers over the herbal supplements industry." Dietary supplement makers are required to adhere to "specific manufacturing standards," and "to notify the FDA when they receive reports of serious adverse health effects suffered by consumers taking their products." Currently, the agency "has no power to approve or deny the introduction of a new dietary supplement to the open market," but regulators can "move to ban" the sale of a supplement if they "have gathered enough evidence to claim that" it "poses serious risks to consumers." The agency's "crackdown on Hydroxycut," therefore, "presses the limits of the agency's power to regulate weight-loss products when they meet the definition of a dietary supplement: they contain only minerals, vitamins, and herbal extracts, and make no claim to treat disease."

From the American Association for Justice news release

Sara Lee Accuses Oscar Mayer of False Advertising

The AP reports that a "lawsuit focused on advertising and product claims filed this week by Sara Lee Corp., the maker of Ball Park Franks, against Oscar Mayer-making rival Kraft Foods Inc. is the latest turn in the summer wiener wars." In the suit, "Sara Lee alleges that Oscar Mayer's claims that its Jumbo Beef Franks are '100 percent pure beef' are false and hurting sales of Ball Park franks and the brand's reputation."

From the American Association for Justice news release.

Featured Link - Tweetake.com

Do you use Twitter a lot? Do you worry about losing a record of your friends and fans, and your old tweets? You can back up all that at Tweetake.com. It's very simple to do, and dumps everything into a spreadsheet file.