Archive for November, 2009

Medical Helicopter Crash Investigation: "Was Preventable"

Saturday, November 28th, 2009

The Washington Post reported today, that a preliminary investigation into the November 14, 2009 Medical Helicopter Crash earlier this month which left three crew members dead was preventable.  The report states that safety equipment that has been recommended by federal experts for years had not been installed in the helicopter which was owned and operated by Mountain LifeFlight in California.  Medical helicopter crashes have resulted in more than 30 deaths in the last two years alone.  The Federal Aviation Administration and the National Transportation Safety Board have maintained their positions on safety recommendation and industry standards, however, the requirements for commercial flights and private flights remain different.

For more information on aviation accidents or helicopter accidents, visit the aviation law center.

  • Share/Bookmark

Toyota Major Recall; Replace more than 4 Million Gas Pedals

Wednesday, November 25th, 2009

Toyota announced this morning that they will be recalling and replacing more than 4 million gas pedals in the United States.  The recall was prompted by several major accidents involving the accelerators getting stuck in the floor mats.

The recall includes the following Toyota Models:

  • 2007-10 Toyota Camry
  • 2005-10 Toyota Avalon
  • 2004-09 Prius
  • 2005-10 Toyota Tacoma
  • 2007-10 Toyota Tundra
  • 2007-10 Lexus ES350
  • 2006-10 Lexus IS250/350.

In August of this year, a fatal accident involving a California Highway Patrol officer and his family prompted an immediate investigation into the possibilities of a defective gas pedal in Toyota cars.  This particular crash involved a 2009 Lexus ES350 where the accelerator was stuck.  The car couldn’t be stopped and reached speed of 120mph just before striking an embankment, rolling over and bursting into flames.

Defective Products and Product Liability

The basic laws of product liability and consumer safety include the protection of the public from a manufacturer or supplier that produces a product that can injure someone.  While the theory’s of product liability and dangerous product protection can involve determining the type of defect and proving it; a strict liability for dangerous product manufacturing and supplying may also apply. Such strict liability may apply to a commercial supplier or manufacturer if the defect makes the product unreasonably dangerous.  To learn more about product liability, visit our dangerous product information center.

  • Share/Bookmark

Victory for Consumers in California

Wednesday, November 25th, 2009

On Monday,  the California Court of Appeals in San Diego ruled unanimously that defendants must take full responsibility for medical costs a plaintiff incurred as a result of a defendants wrongdoing.  The case, Howell v. Hamilton Meats & Provisions, Inc., is a great victory for consumers.  Previous holdings stated that if a plaintiff was injured in an accident caused by a defendant, and the plaintiff had their own private health insurance which they paid for, the amount that a defendant is found to be responsible for can be reduced by the amount already paid by the plaintiff’s own health insurance.  Thus, leaving the plaintiff with nothing.

(more…)

  • Share/Bookmark

Collateral Source Rule

Wednesday, November 25th, 2009

In personal injury cases,  the Collateral Source Rule is intended to help promote full justice and compensation from a defendants wrongdoing.  The rule basically does not allow for an award to be reduced by a judge or jury just because the plaintiff received benefits from other sources, such as health insurance.  The rationale behind the collateral source rule is that a defendant should not benefit from the plaintiff’s investment in private health insurance.  In some states, the collateral source rule prohibits the admission of evidence that would inform the jury that the plaintiff has been compensated by a different source other than the defendant (i.e. health insurance).

  • Share/Bookmark