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 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 12:03

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.