SERVING LITTLE ROCK, MEMPHIS, TEXARKANA, ARKADELPHIA, PINE BLUFF, EL DORADO, HOT SPRINGS, SPRINGFIELD, AND MORE

Law Offices of Gary Green has offices located in Little Rock, Arkansas, and Memphis, Tennessee. Our lawyers are familiar with the individual laws of each state, and practice in the following types of product liability:

Friday, 21 May 2010 22:41

Mesothelioma

Written by Law Offices Of Gary Green

What is Mesothelioma?

Mesothelioma is a relatively rare type of cancer that occurs within the thin layer of cells which line the body’s internal organs, known as the mesothelium. There are currently three known, separate types of Mesothelioma: pleural mesothelioma, peritoneal mesothelioma, and pericardial mesothelioma. The one known, common factor between all of these types of mesothelioma is that they are each associated with the inhalation of asbestos fibers.

Pleural Mesothelioma, the most common type of mesothelioma, affects the lungs, normally developing in either the visceral or parietal layer of the lung’s mesothelium, sometimes spreading to the other layer, and beyond. The most common symptoms of pleural mesothelioma include:

  • Chronic, dry cough
  • Difficulty swallowing
  • Difficulty breathing and shortness of breath, even while resting
  • Coughing up blood
  • Painful breathing
  • Chronic chest pain
  • Unexplained weight loss
  • Noticeable lumps on the chest
  • Chronic fatigue
  • Night sweats

Medical science in testing for pleural mesothelioma has advanced dramatically in the last several decades. Once a physician has obtained adequate family and personal history, common test procedures can include X-rays, CT scans and blood tests.

Peritoneal Mesothelioma, the second most common type of mesothelioma, affects the peritoneum, which is a membranous layer surrounding the abdomen and abdominal organs, and develops when asbestos fibers become caught in between the two layers of the peritoneum. It can take up to 30 or more years for the signs of peritoneal mesothelioma to develop. The most common symptoms of peritoneal mesothelioma include:

  • Stomach pain
  • Abdominal pain/swelling
  • Weakness/fatigue
  • Chronic diarrhea/constipation
  • Loss of appetite
  • Unexplained weight loss
  • Chronic nausea/vomiting
  • Noticeable lumps in the abdomen
  • Night sweats

As the symptoms of peritoneal mesothelioma are not specific to only this disease, diagnosis can require detailed testing, including X-rays and CT scans to first determine if any abnormalities are present which may warrant the suspicion of the presence of cancer. A biopsy of the peritoneum for analysis is generally key in detection of the disease.

Pericardial Mesothelioma, the rarest form of mesothelioma, affects the mesothelial membrane surrounding the heart, and occurs when asbestos particles become trapped between the two layers of the membrane. Because of the long dormancy, diagnosing pericardial mesothelioma can be a difficult task for physicians. Some of the symptoms include the following:

  • Heart palpitations
  • Irregular heartbeat
  • Heart murmur
  • Chronic chest pain
  • Shortness of breath/difficulty breathing
  • Fatigue
  • Chronic coughing
  • Night sweats

Mesothelioma, unlike most other diseases and cancers, can be very clearly linked to contact with one particular substance – asbestos. Mesothelioma is neither an unfortunate accident, nor is it your fault. Most asbestos-related diseases are entirely preventable. If you have one, it is because someone was negligent. If you have mesothelioma or another asbestos-related disease, you may be entitled to compensation for your family as they assist you through this trying time. Recovering damages can help you and your family deal with expensive medical costs which can be associated with lengthy illness, and which may not be covered by insurance.

The Facts

Some mesothelioma sufferers know that they worked around asbestos, but many do not know how they were exposed or how often. There have been literally thousands of products containing asbestos: cigarette filters, hair dryers, basement/roof materials, pipes, boilers, insulation, and many others, including materials used in shipyards, refineries, powerplants, steel plants and more. Veterans of the U.S. military from all branches of service are at risk if they worked in Navy shipyards, served on our nation’s warships and submarines from World War II through the Vietnam War.

The Law

Dealing with a difficult, lengthy illness is not the time to consider legal options alone. You should not wait too long to learn about your legal rights for three very good reasons:

1) Statute of Limitations. You have a limited amount of time after being diagnosed in which to file a lawsuit, by law. This limit varies by state.

2) Financial Burden. Mesothelioma treatment can bring severe financial stress, less income, high expenses, and treatments which may not be covered by your insurance. Knowing that money may be incoming from filing a claim can bring financial relief to you and your loved ones.

3) Resources. Law firms and mesothelioma lawyers can be excellent sources of information regarding various doctors and the latest treatment options available to you for this disease.

The laws regarding liability in mesothelioma cases are complex. Many of the original manufacturers of asbestos products have declared bankruptcy, changed their names, or gone out of business entirely. The company with which you were employed while you were being exposed to asbestos may be long out of business. An experienced attorney can help you work through the logistics of your case and determine who is to be held responsible.

The first step is to talk to an experienced attorney who can help you gather the necessary materials to discuss and/or file your claim, including:

  • Medical tests you may need
  • Establishing dates/places you may have been exposed to asbestos
  • Possible grounds for filing a lawsuit
  • Possible defendants in your case
  • Possibility of joining forces with other plaintiffs in a joint suit
  • Helping you find other needed resources, such as VA and medical assistance.

If you have been diagnosed with any form of mesothelioma or asbestos-related medical condition, the time to act is now. Give us a call at our toll free number and one of our experienced attorneys will be happy to assist you and your family in making your way through the maze of overwhelming information connected to this dangerous and painful disease.

Please contact us 888-442-7947 or send us an e-mail at ggreen@gGreen.com .

Friday, 21 May 2010 22:41

Pull Down Ladders

Written by Law Offices Of Gary Green

Law Offices of Gary Green has handled a case involving a homeowner and his pull-down attic ladder. The main problems with the ladder at issue are that: 1) A metal support rod that is supposed to run beneath each wooden step cannot be accommodated under one or more of the wooden steps due to positioning of the hand-rails on the outside of the ladder, thus leaving the strength of one or more of the wooden steps insufficient; and 2) The nails that are used to connect the unsupported wooden steps to the outside of the ladder frame are too small and light to support the use of the steps rated for 250 pounds.

If you have been seriously injured by this or any other pull-down attic ladder because of poor manufacturing, please contact us 888-442-7947 or send us an e-mail at ggreen@gGreen.com .

Friday, 21 May 2010 22:11

Tire Failure

Written by Law Offices Of Gary Green

When it is over 100 degrees outside you want to keep your speed below 100 miles per hour! Much less, of course. As you are driving, be aware of the relationship of tire blowouts to heat, speed and age of the tires. See the National Highway Transportation Safety Administration report, which long story short, shows that in a hot climate tires four to six years of age should be replaced regardless of age or tread wear. To quickly check the age of your tires, look for the last few digits of a code on the tire which represents the manufacturing date of the tire. For example, the “459″ on one tire means it was manufactured the 45th week of 1999. Since 2000, tires are identified using 2 digits for the week and 2 digits for the year. For example, a tire manufactured during the 31st week of 2005 would end with 3105.

Should your vehicle’s tires fail, whether it is due to a manufacturer’s faulty design or simply a poor quality production run, it can have devastating consequences in the form of car wrecks that can lead to brain injury, paralysis and even death.

If you or a loved one have been the victim of an injury due to a car wreck caused by tire failure, please contact us today for an initial consultation to discuss your legal options for making the tire manufacturers responsible. If you have questions or need additional information, call Law Offices of Gary Green toll free and without obligation at 1-888-442-7947 or send us an e-mail at ggreen@gGreen.com.

Friday, 21 May 2010 12:13

Child Restraint Systems

Written by Law Offices Of Gary Green

There are too many motor vehicle wrecks where adults are unscathed but infants, restrained in child safety seats, are seriously injured. Child safety seat changes and auto industry changes to the way those seats are installed do not yet correspond. There are hundreds of injuries every year from child restraint systems that are negligently manufactured or installed in cars not designed to safely accept them.

A recent survey found that 80% of child restraint systems are installed incorrectly, not by fault of the parents! There are now seven major types of seatbelts that should correspond with all the countless child-seat designs, but they do not. Many seatbelt systems now require special modifications to ensure safety. Most specifications for seat belt/child restraint systems’ safety go back to when bench seats were used, and the seat belt anchors were located at the rear of the seat bight (the crack in the seat). Seat belt anchors in today’s cars are rarely behind the seat bight, and more commonly are located on a stalk or otherwise situated significantly forward of the bight.

The manufacturers of these products have known for years that their products do not fit in many cars and have failed to take responsibility to prevent children from being injured or killed by their unsafe products. It has been established since the early 1980s that seat belt anchors in front of the seat bight create a compatibility problem between child restraints and automobiles. In addition, child restraint system manufacturers typically do not warn about which autos their products are not compatible.

There have been some tremendous strides made in the last few years in fixing this long-standing compatibility problem between child restraints and automobiles. For example, child restraints made after September 1998 requires certain safety features that were not previously mandatory, such as

  • A lower anchorage system that can be clipped into anchors in automobiles
  • Securing the child restraint system at the bottom tightly against the seat without using the automobile’s seat belt
  • Reducing the child restraint system’s head excursion limit by 3 1/2 inches.

All child restraint systems manufacturers complied by installing a tether on the top of the restraint that hooks to the back of the auto seat. But, the attachment hardware to hook up these new child restraint systems features in vehicles has been phased in. And, it is only just this year that new car models are required to have a lower anchorage attachment and an attachment to secure a child restraint tether on top.

In the meantime, there will be many years to come of injuries to children from child restraints in automobiles manufactured earlier. The manufacturers are leaving the old restraints on the market and not recalling them for their failure to comply with current safety standards!

If your child was injured or killed in a child restraint that you believe was used properly, there is a good chance that you are not to blame, and that the product itself is primarily to blame for what happened. Call Law Offices of Gary Green toll free and without obligation at 1-888-442-7947 or send us an e-mail at ggreen@gGreen.com.

Friday, 21 May 2010 12:10

Passenger Van Wrecks

Written by Law Offices Of Gary Green

Passenger vans were designed in the 1970s when very little testing was done by manufacturers to assess the vans’ propensity to rollover or handling characteristics. These vans are exempt from many federal motor-vehicle safety standards because they are neither considered school busses nor passenger cars. Despite the fact they were originally designed to carry cargo, they often carry people. 15-passenger vans not only have a risk of rollover, but also have weak roofs that crush while rolling over. A passenger van wreck is not an accident when the faults are well known and nothing has been done to change them.

The National Highway Traffic Safety Administration (NHTSA) is an agency responsible for investigating motor vehicle defects and establishing and enforcing safety performance standards. The NHTSA publishes a list of warnings for consumers summarized by the following:

  • Children (pre-school and school-aged) should not be transported in 15-passenger vans
  • The number of occupants in a passenger van greatly increases the risk of rollover. ( 5 + in 15-passenger vans)
  • A passenger van containing only a driver has a rollover rate 5 times less than that of a van with a full passenger load
  • All occupants of passenger vans should wear seatbelts.

Despite these public advisories and warnings, the NHTSA had (only until recently) exempted 15-passenger vans from all federal motor vehicle safety standards.

Furthermore, in 2003 the National Transportation Safety Board (NTSB) recommended the NHTSA strive to improve safety standards in the areas of occupant protection and restraints for passenger vans. The NHTSA now warns people of the dangers of 15-passenger vans, but no new safety standards have been established.

If you have sustained injuries as the occupant of a passenger van, we may be able to help. Call Law Offices of Gary Green toll free and without obligation at 1-888-442-7947 or send us an e-mail at ggreen@gGreen.com.

Friday, 21 May 2010 12:03

Yamaha ATV Injury

Written by Law Offices Of Gary Green

Injured in an ATV rollover? Design defects increase Rhino rollover risk and have resulted in serious injury and death.

The Yamaha Rhino

The Yamaha Rhino ATV is an All-Terrain Vehicle (ATV) manufactured by Yamaha Motor Company from 2004 – Present. The Rhino is extremely unsafe because it rolls over even when operating at low speeds. Many injuries and deaths have occurred due to the defective design of the Rhino. There are widespread reports of broken legs, particularly the tibia bone, which occur as a result of the vehicle rolling over due to its unsafe design. The Yamaha Rhino all terrain vehicle has been linked with many rollovers due to the following properties:

  • The Yamaha Rhino is narrow, and wider vehicles can be more stable
  • The Yamaha Rhino is top-heavy and therefore has a high center of gravity
  • The Yamaha Rhino has small tires, and small tires give the vehicle less of a platform for stability

Rollover Warning

Experts have questioned the safety of the Yamaha Rhino since its release. In August 2007, Yamaha announced that it would add doors and passenger handles to vehicles manufactured after 2004, but stopped short of issuing a recall of the Rhino. At the same time, Yamaha issued a new product warning label for the Yamaha Rhino that acknowledged the risk of rollover accidents and alerts users that the Rhino can rollover even while operating the vehicle on flat, open areas. In spite of its knowledge of serious injuries resulting from rollovers, Yamaha has not announced a recall of the Rhino all-terrain vehicle.

When confronted with the mounting injuries of Rhino drivers and passengers, Yamaha has simply blamed them for their own injuries. The following statement is from Yamaha:

“While the Rhino has been a reliable and versatile vehicle, some operators have engaged in aggressive driving (such as sliding, skidding, fishtailing, or doing donuts) or made abrupt maneuvers (such as turning the steering wheel too far or too fast) that have resulted in side rollovers – even on flat, open areas. Unfortunately, some occupants have been seriously injured during such rollovers when they put their arms or legs outside the vehicle, resulting in crushing or other injuries.”

The Yamaha Grizzly

The Yamaha Grizzly is a popular ATV (all-terrain vehicle) used by thousands of individuals across the United States. Unfortunately, there have been numerous issues regarding the throttle system “sticking” and causing the ATV to suddenly accelerate. In one case, an individual was backing his Yamaha Grizzly off its trailer when the throttle stuck in the “wide open” position. The Grizzly slammed into a tree, throwing the operator several feet and causing severe, life-threatening injuries.

Law Offices of Gary Green has experience with Yamaha Grizzly sudden acceleration cases. If you or a loved one were injured on a Yamaha Grizzly ATV or any other ATV, contact Law Offices of Gary Green now for a free consultation at 1-888-442-7947 or contact us with an e-mail at ggreen@gGreen.com

Common Injuries

Rhino drivers and passengers have suffered serious injuries when their Rhino rolled over. In some instances passengers have died. Common injuries include:

  • Broken Legs, Ankles or Feet
  • Crushed Legs, Ankles or Feet
  • Broken Arm, Wrist or Hand
  • Crushed Arm, Wrist or Hand
  • Amputation

The Yamaha Rhino and other ATV models are to blame for thousands of deaths and serious injuries each year. It is estimated that more than 146,600 people – more than one quarter of them children – were treated in the United States emergency rooms for ATV-related injuries according to the Consumer Product Safety Commission.

If you or someone you know was injured on an ATV, you should take the following steps to preserve your claim:

First, take several photographs of the ATV as is and the surroundings where the accident occurred, if possible. Do not move anything until the photographs are secured, if possible.

Second, make sure you maintain the ATV in its current condition in a dry, secure place until it can be examined by one of our experts. Do not attempt to repair or discover the defect in the ATV. If you need assistance in this regard, don’t hesitate to call us.

Third, do not make any changes of any kind to the ATV.

Fourth, other than to secure the vehicle, do not let any person operate the vehicle until you contact us.

Fifth, secure and maintain any and all repair invoices, owner’s manuals, documents you received when you purchased the ATV and any correspondence you received from the dealer or manufacturer.

Finally, call us as soon as possible after the injury.

Failure to preserve the ATV immediately after an injury can compromise your rights to recovery.

ATV Lawsuits

Defective Products – Although accidents happen in any vehicle, ATV design defects have caused limbs to be crushed and even death in all-too-frequent rollovers. Consumer advocates blame the injuries and deaths on weak voluntary standards. Many ATV rollover injuries are caused by unstable design. For instance, the Yamaha Rhino was designed with its high center of gravity too high, making the vehicle dangerously unstable.

Product Liability – This is the area of law in which manufacturers, distributors, suppliers, retailers, and others who make products available to the public are held responsible for the injuries those products cause.

Design Defects – These are errors caused in the initial product design that make the vehicle dangerous. The injured party must show that the harmful product was defectively designed and often needs to show that a safer alternative design was available and feasible. Manufacturing Defects – are flaws that occurred during the manufacturing process; the manufacturer can be at fault if a defect results in injury, no matter what safety steps were in place during the process.

Failure to Warn – Manufacturers must warn customers of any dangers that are not obvious and give instructions for proper use. If the consumer hasn’t been satisfactorily warned, this could mean the manufacturer knows of a potential hazard regarding its product but neglects to tell the consumer and could be the cause of the user’s injuries.

Our on staff lawyers are standing by to answer any questions you may have regarding the Yamaha Rhino or any other ATV rollover litigation. If you or a loved one were injured on a Yamaha Rhino ATV, contact Law Offices of Gary Green now for a free consultation at 1-888-442-7947 or contact us with an e-mail at ggreen@gGreen.com.

Trademark Notice: “Yamaha” is a trademark of Yamaha Motor Company. Law Offices of Gary Green is in no way affiliated with Yamaha Motor Company. The use of this mark is solely for informational and product identification purposes.

Friday, 1 May 2009 22:16

Product Liability

Written by Law Offices Of Gary Green

Law offices of Gary Green staffs legal personnel to review most cases of product liability law in which manufacturers, distributors, suppliers, retailers, and others who make products available to the public are held responsible for the injuries those products cause.

In the United States, the claims most commonly associated with product liability are:

  • Negligence
  • Strict liability
  • Breach of warranty
  • Various consumer protection claims.

The majority of product liability law is determined at the state level and varies widely from state to state. Each type of product liability claim requires different elements be proven to present a successful claim.

Liability claims come into play when manufacturers fail to provide a safe and secure product for consumers. So, it is important to prove that a manufacturer was negligent by failing to keep their products free of hazards.

If you or a loved one may have been the victim of a poorly manufactured product that was harmful or injurious in some way, or if you have questions or need additional information, call Law Offices of Gary Green toll free and without obligation at 1-888-442-7947 or send us an e-mail at ggreen@gGreen.com.