Olympia Personal Injury Lawyer

Riding Mowers Recalled Due to Fire Hazard

Chrissie Cole — Tue, 17 Mar 2009 21:48:00 GMT

Kubota Manufacturing of America Corp., in conjunction with the CPSC, is recalling Kubota Zero Turn Riding Mowers because the carburetor can fail causing a fuel leak which can pose a fire hazard.

So far there have not been any reports of injury reported to the company or the CPSC.

Consumers are advised to stop using the mowers and to contact the company to schedule an inspection by an authorized dealer who can install a free replacement part.

The recalled riding mowers are propelled by gasoline V-twin engines and have 48-inch, 54-inch or 60-inch wide mower decks.

The following model numbers are included in the recall:

ZG222 (serial numbers 10002 through 13673)

ZG227 (serial numbers 10002 through 12957)

ZG327 (serial numbers 10004 through 13318)

Consumer Contact: For further information, contact Kubota Tractor at (800) 752-0290 anytime Monday through Friday.

Originally posted at InjuryBoard by Chrissie Cole

Lotte Margaret Brand Korean Cracker Recalled Due to Undeclared Ingredients

Jenny Albano — Wed, 27 Feb 2008 19:00:16 GMT

Wang Globalnet, in conjunction with the FDA, is recalling all 19 gram packages of Lotte Margaret Brand Korean Cracker because they contain undeclared ingredients. The ingredients that were not listed on the label are eggs, peanuts, and milk allergens. People who are allergic or sensitive to these foods run the risk of experiencing serious or life-threatening allergic reactions if they consume this product.

The product comes in a 19 gram cardboard box marked with item#: 00438 on the top and a code date of 08.08.06.B2 stamped on the side. The recalled packages of Lotte Margaret Brand Korean Cracker were distributed nationwide in retail stores.

The product was discovered after the New York State Department of Agriculture and Markets Food Inspectors had the crackers analyzed by the Food Laboratory. The analysis revealed the presence of eggs, traces of sliced peanuts, and milk powder that were not included on the label.

So far there have not been any reports of illness or allergic reactions reported to the company or the FDA.

Originally posted at InjuryBoard by Jenny Albano

Passenger Injured Near Spanaway, Driver Dies--Accident Illustrates Important Intersection between Probate and Personal Injury Law

Ryan Nute — Thu, 31 Jan 2008 11:38:47 GMT

Sometimes people who cause accidents walk away unscathed. But other times they don't. This happened on Tuesday on State Route 507.

On Tuesday night a man from Roy, Washington, was killed in a car accident on State Route 507 near Spanaway. At approximately 9:30 p.m. the driver, 39, was driving southbound on State Route 507 when he lost control of his vehicle, veered off the road and into a power pole. His passenger, 35, was transported to Good Samaritan Hospital with injuries. The cause of the accident is under investigation.

When a person dies they leave behind an "estate"--a legal characterization for the deceased's assets and liabilities. In order to make a claim against a person who committed a negligent act and subsequently dies, it's necessary to ensure that a claim is presented to the Estate's representative (often a relative or friend of the deceased). It's not uncommon for people to die without executing wills or other estate plans. In that case, the injured person (with the assistance of an attorney) should open a "probate" proceeding to pursue their claim.

Originally posted at InjuryBoard by Ryan Nute

Nine Injured in Roy Car Accident

Ryan Nute — Thu, 03 Jan 2008 11:28:43 GMT

Around 1 a.m. on December 30, 2007 an SUV was traveling down Highway 507 in Roy, Washington, when it crossed into oncoming traffic, causing a three car collision. The driver of the SUV and its four passengers were transported to the hospital from the scene of the accident. Two people in each of the other involved cars were also taken to the hospital. Police believe that alcohol or drugs may have been a factor in the crash.

In any case where intoxication is suspected it's important to obtain medical evidence that an at-fault driver was in fact intoxicated. In some cases it will be important to determine whether a passenger was intoxicated, based on the following Washington statute:

RCW 5.40.060
Defense to personal injury or wrongful death action -- Intoxicating liquor or any drug.

(1) Except as provided in subsection (2) of this section, it is a complete defense to an action for damages for personal injury or wrongful death that the person injured or killed was under the influence of intoxicating liquor or any drug at the time of the occurrence causing the injury or death and that such condition was a proximate cause of the injury or death and the trier of fact finds such person to have been more than fifty percent at fault. The standard for determining whether a person was under the influence of intoxicating liquor or drugs shall be the same standard established for criminal convictions under RCW 46.61.502, and evidence that a person was under the influence of intoxicating liquor or drugs under the standard established by RCW 46.61.502 shall be conclusive proof that such person was under the influence of intoxicating liquor or drugs.

(2) In an action for damages for personal injury or wrongful death that is brought against the driver of a motor vehicle who was under the influence of intoxicating liquor or any drug at the time of the occurrence causing the injury or death and whose condition was a proximate cause of the injury or death, subsection (1) of this section does not create a defense against the action notwithstanding that the person injured or killed was also under the influence so long as such person's condition was not a proximate cause of the occurrence causing the injury or death.

In the past intoxicated drivers who were sued often defended the case on the basis that their passengers were also intoxicated. That defense is still powerful because it bars a claim where (1) a passenger is intoxicated; (2) his or her intoxication was a "proximate cause" of the occurrence (usually, the accident) and (3) the passenger is more than fifty percent at fault for his or her injuries.

Even if the claim is not barred, a passenger's intoxication may constitute comparative fault and proportionately reduce any recovery.

But when is the passenger's intoxication a "cause"? When is it "fault"?

For more information on this subject, please refer to the section on Car and Motorcycle Accidents.

Originally posted at InjuryBoard by Ryan Nute

Kitsap County Crashes Spike Due to Winter Weather

Chelsea Gilbert — Fri, 28 Dec 2007 13:40:57 GMT

We have blogged about several tragic Christmas Eve car crashes. Some of the crashes on Christmas Eve were the result of alcohol, but many of the crashes were a result of the treacherous winter weather. In many areas the slushy, wet roads turned to ice when the temperature dropped to below freezing in the evening. In Kitsap County emergency dispatchers were flooded with calls. On Christmas Eve they fielded reports of about 68 traffic wrecks between the hours of 8 p.m. and midnight. A number of these accidents resulted in driver and passenger injuries.

It's tempting for some drivers (and their insurance companies) to blame the "treacherous winter weather" for a crash. While bad conditions can certainly contribute to a collision in a causal sense, they're not an excuse. Rain, sleet, snow and ice don't obviate the duty to operate a vehicle safely and with due regard for the prevailing road conditions. Rarely if ever should claimants accept this excuse when they are injured in a car crash that wasn't their fault.

For more information on this subject, please refer to the section on Car and Motorcycle Accidents.

Originally posted at InjuryBoard by Chelsea Gilbert

Inflatable Playground Accident Claims Toddler

Ryan Nute — Mon, 17 Dec 2007 11:47:40 GMT

A 3-year old boy from Longview died Saturday after two adults fell on him at the Hoppin' Houses indoor playground in Castle Rock, Washington. The boy, named Jacob, was at a birthday party for a relative and was playing in the area that features inflatable slides and obstacle courses. The details of the accident remain unclear but it is known that two bouncing adults landed on top of the boy and they all fell to the concrete floor. Jacob died of head injuries.

There's a lot we don't know about what happened--how the playground was set up, what if any rules were followed, the kind of activities that were going on, etc. But one thing's for sure: an accident like this deserves to be investigated and Jacob's family should consider whether they want to bring a legal claim.

No amount of money from anyone, for any reason, will ever make up for his loss. But money damages is one important way that we hold persons and companies responsible when they are liable for negligence under our civil legal system. By hitting negligent parties in their pockets, personal injury plaintiffs are compensated for their injuries and, we hope, negligent conduct is discouraged because otherwise a steep price will be paid.

Do you think the playground is legally or morally responsible for what happened? What could it have done to avoid the accident? What about the men who were playing the game near the child? What would you want to know if this were a court case and you were sitting on the jury? Assuming there was negligence, how much money, if any, would you award?

For more information on this subject, please refer to the section on Premises Liability.

Originally posted at InjuryBoard by Ryan Nute

Company Fined in Connection With Lineman's Death and Teacher's Injury

Michael Myers — Thu, 13 Dec 2007 14:53:14 GMT

Last spring Hiawatha Elementary School in Othello was conducting their annual science experiment where students make protective egg cases that they test by dropping eggs from various heights.

The experiment took a tragic turn when the boom lift truck holding a line worker and a teacher broke, causing both to fall 20 to 30 feet to the ground. Robert D. Smith, 50, died and a teacher, Melissa Martinez, broke several vertebrae in this fall.

Avista Utlities was recently ordered to pay $17,600 in fines for safely violations. The company was penalized $8,800 for failing to ensure that employees working on a boom lift were wearing a full body harness and a safety line. They were penalized an additional $4,400 for inadequate training and another $4,200 for failing to ensure the gear was thoroughly inspected before use.

Othello School District was fined $6,300 for lack of adequate hazard and safety training.

In this case, much is apparently still unknown and it's not clear what caused the accident--why the boom failed. Nevertheless, it seems possible that the safety violations contributed to the lineman and teacher's injuries.

Some of you might look at the amount of the fine and say, "that's nothing." Fortunately, the fact that a company is fined by the State doesn't mean an injured worker or his or her family members can't seek full compensation through a negligence claim if someone other than the worker's employer was negligent in causing the accident (if the employer or the worker was at fault, workers' compensation benefits should be available.)

For more information on this subject, please refer to the section on Worksite Injuries and Worker Compensation.

Originally posted at InjuryBoard by Michael Myers

Bremerton Man Killed in Pedestrian Accident

Ryan Nute — Thu, 13 Dec 2007 08:07:42 GMT

It's really unfortunate to see another story involving a car v. pedestrian accident. On December 9th a 52-year old man was hit while crossing the street. He was struck by a car driven by a 32-year old Port Orchard man. The accident is currently under investigation.

There are various ways that insurance companies try to shift blame from drivers to pedestrians. In addition to alleging that pedestrians are to blame for wearing dark clothing, insurance companies have also concocted a new defense called "sudden medical emergency" which covers a range of conditions from cardiac arrest all the way to sneezing. With the panoply of excuses the insurance carriers have to paying legitimate claims, it's essential to engage experienced legal counsel.

At this point it's not clear how this specific accident happened. But any case involving serious injury or death to a pedestrian should be examined carefully. In many cases the at-fault driver won't have enough insurance and other sources of recovery need to be considered. For example, a county or city may be liable if the roadway wasn't safely designed to permit pedestrians to cross the street safely.

For more information on this subject, please refer to the section on Car and Motorcycle Accidents.

Originally posted at InjuryBoard by Ryan Nute

Bremerton Man Killed in Pedestrian Accident(2)

Ryan Nute — Thu, 13 Dec 2007 08:07:42 GMT

Originally posted at InjuryBoard by Ryan Nute

Failure to Yield Cited in Kitsap County Crash

Ryan Nute — Wed, 12 Dec 2007 12:03:21 GMT

Early Saturday a Suqamish woman was ejected from her car after reportedly failing to yield, and crashing into another vehicle.

The woman, 34, attempted to cross Highway 305 and was struck by a 53 -year-old man Bremerton man driving a Chevrolet Cavalier.

The woman was ejected from her car; her injuries are unknown. The passenger in her car, a 32-year-old man, was injured and transported to Harrison Medical Center. The driver of the Cavalier was also taken to Harrison Medical Center with injuries.

Passengers are sometimes reluctant to bring claims against friends or family members who cause a crash when driving. Sometimes it helps to remember that that's what insurance is for and that more often than not failure to assert a legitimate claim doesn't help anyone but the insurance companies.

Originally posted at InjuryBoard by Ryan Nute