Divinci Baby Crib Recall: Protecting Consumers From Defective Products

In October 2015, DaVinci brand cribs expanded an initial recall from July of 11,7000 units to include another 6,000 cribs. The additional cribs were recalled because of breakage and detachment in mattress support brackets, which could cause the mattress to collapse. This recall covers the following DaVinci brand full-size cribs:

  • Reagan.
  • Jamie.
  • Jenny Lind.
  • Emily.

DaVinci’s recall seems to be an effort to prevent any serious injuries or consumer harm. But many companies delay too long in considering recalls, and if you or a loved one is injured due to a product liability, then you may be entitled to compensation.

Product Recalls: Protecting Your Rights
Companies like DaVinci have a responsibility to ensure the products they sell are safe for consumers to use. When the people using your products are babies, many would argue that “safety” itself is the product. That’s why you see so many recalls of baby products – these companies know that even a single death or injury can bring the company under fire.

Usually a company will issue a recall once it has enough proof or knowledge of a product defect. However there are instances of companies intentionally avoiding a recall because the cost of recalling the product outweighs the likely costs of out-of-court-settlements. These companies fear that issuing recall notices will leads to class action lawsuits, which they believe can be avoided from withholding recall notice.

The truth is that many states, Florida included, have evidence rules that protect companies that remedy product defects after someone has been injured. Florida Evidence Rule 90.407 says that measures taken after an event, (ex/ recall notices issued after an injury from a product) that if taken before it occurred would have made the event less likely to occur are not admissible to prove negligence in connection with the event.

Lytal, Reiter, Smith, Ivey & Fronrath represents individuals and families against companies who put profits before the safety of consumers. If a defective product has injured you or a loved one, then call our law firm today for a free consultation. We can help you hold the company responsible for it’s defective product and get you the compensation you deserve.  If you have any questions on this blog or need information on other personal injury queries, please call the Law offices of Lytal, Reiter, Smith, Ivey & Fronrath located in West Palm Beach at 1-800 4-RIGHTS  (1-800- 474-4487)  We welcome your call and look forward to helping you.

General Motors in Hot Water Again: Car Fires Prompt New Recalls

Elizabeth Berry loved her 2003 Monte Carlo and even called it her “third baby.” When General Motors (“GM”) issued a recall notice in 2010, warning Monte Carlo owners to have a certain repair made to the vehicle, Berry diligently complied. Then in 2014, she watched in horror as flames engulfed her car, burning her “baby” to a cinder.

It turns out that Berry is one of 1,345 car owners across the United States who experienced devastating GM car fires even after repairing their vehicle per the recall order. GM now admits their original recall did not work, and has issued a revised recall that affects 1.4 million cars.

Vehicle Fires Are Serious Business

The GM recall highlights just how deadly and prevalent car fires can be. Blazes can be triggered by defects in the vehicle’s fuel system that lead to a fuel fed fire that engulfs the car in flame in seconds.

These blazes can be triggered by ordinary malfunctioning, like in Elizabeth Berry’s case, or by a collision. Often such defects are triggered from a collision, which is especially deadly, since the impact of the accident often keeps people trapped inside the burning car. Many times it is later found that the victims would have survived the collision if it weren’t for the fire.

Preventing vehicle fires can cost manufacturers like GM less than a few dollars per vehicle, but not all manufacturers are willing to incur the costs of a recall until it is too late. These are some of the questions surrounding the GM recall:

  • Should GM have acted sooner to prevent car fires?
  • Should the government have stepped in to make sure GM acted properly?
  • Should the ineffective fix in 2010 been approved at all?

There is a long-standing “culture of resistance” in the auto industry of admitting when a mistake has been made. Despite aggressive reforms made by the National Highway Traffic Safety Administration we still see companies like GM trying to cut corners.

If you or someone you know has been injured in a vehicle fire then you should speak with an attorney immediately. The West Palm Beach defective products attorneys at Lytal, Reiter, Smith, Ivey & Fronrath have obtained numerous verdicts and settlements on behalf of clients who have suffered serious injury or death as a result of a vehicle fire. Contact us today for a free consultation.  If you have any questions on this blog or need information on other personal injury queries, please call the Law offices of Lytal, Reiter, Smith, Ivey & Fronrath located in West Palm Beach at 1-800 4-RIGHTS  (1-800- 474-4487)  We welcome your call and look forward to helping you.

Pedestrian Accidents in Florida Are Only Getting Worse

Eleven-year old Qua Yona Edwards got off her school bus one afternoon, but never made it home. She was struck and killed by a driver while taking her usual route home from her bus stop, which involved crossing five lanes on Haverhill Road. The driver, 60-year old Frank Jasmin, said that he did not see Qua Yona crossing the road.

As a result of her death, the Palm Beach County School District added a new school bus stop near the intersection. This horrible tragedy brings to light the need for more proactive safety approaches by school districts in Florida to protect pedestrian students. It also begs the question: should the school district be held partially accountable for Qua Yona’s death since they failed to provide a safe bus stop for her in the first place?

Frequently Asked Questions About Pedestrian Accidents
Pedestrian accidents are some of the most devastating and dangerous collisions on the road. With no structural protection or safety equipment worn, pedestrians struck by automobiles are highly susceptible to serious injury and death.

Who is at Fault for a Pedestrian Accident?
Typically the driver that struck the pedestrian is assumed to be at fault. Claims against such drivers will usually be against their liability insurance provider. Other parties may be held partially responsible as well, such as other drivers who contributed to the accident or third parties that directly created a dangerous condition leading to the accident.

Can Pedestrians Be At Fault for the Accident Too?
Yes. Pedestrians may not have had the right-of-way to cross the street when they did. For the “jaywalking” pedestrian there may be shared fault.  Florida is a pure comparative negligence state. This means that a pedestrian’s recovery may be limited by whatever percentage they are deemed at fault.

So if a court finds that a pedestrian ran across the road to beat the light before being struck by a turning car, they may determine the pedestrian’s actions contributed to 50% of the fault for the accident. If the pedestrian won a judgment of $100,000 it would then be reduced by the amount of their fault to $50,000.

Are Florida Roads More Dangerous Than Other States?
Yes. According to data collected by the Governors Highway Safety Association, Florida had one of the highest rates of pedestrian deaths per resident population in the United States. In the first half of 2014 there were 292 pedestrian fatalities in Florida.

Why Are There So Many Pedestrian Deaths in Florida?

In the study cited above, just four states accounted for 43% of all pedestrian deaths in 2013, with Florida being on the top of the list. The common causes of pedestrian deaths include:

  • Densely populated roads with drivers refusing to yield to each other.
  • Distracted drivers, drunk drivers and reckless drivers.
  • Drivers in violation of local speed laws.

The study suggested that increased pedestrian deaths in recent years could be due to the economic recession forcing more people to walk than drive. Another reason given is that warmer weather states like Florida and California have more pedestrians year-round than other states.

Pedestrian Accident Victims Should Consult a Skilled Florida Accident Lawyer
If you or a loved one has been in a pedestrian accident then you should contact a skilled Florida accident lawyer immediately. The state of Florida has many laws designed to protect pedestrians, but the insurance companies want to save money by blaming you. Don’t let them: you have a legal right to claim compensation for your injuries. Contact the law firm of  Lytal, Reiter, Smith, Ivey & Fronrath and get your free consultation today.  If you have any questions on this blog or need information on other personal injury queries, please call the Law offices of Lytal, Reiter, Smith, Ivey & Fronrath located in West Palm Beach at 1-800 4-RIGHTS  (1-800- 474-4487)  We welcome your call and look forward to helping you.

Volkswagen Recalls – What Can You Expect?

It was recently revealed that Volkswagen is guilty of skirting US Environmental Protection Agency (EPA) emission laws on models of vehicles sold between 2009 and 2015. Volkswagen claimed the models were “clean-diesel”, when in fact, they were not. This scandal has caused Volkswagen’s reputation to nosedive and slews of duped car owners to file lawsuits.

Vehicles labelled as “TDI” after the model name apparently indicated they were “clean-diesel” models. TDI versions of the Jetta, Passat, Golf, Jetta Sportwagon and the Beetle were supposedly running with 2.0-liter turbocharged diesel engines, while models of versions of the Audi A6, A7, A8, Q5, and Q7, the Porsche Cayenne Diesel, and the Volkswagen Touareg TDI were purportedly powered by 3.0-liter turbocharged diesel engines. It is estimated 480,000 vehicles are affected.

Volkswagen has confessed they installed software equipped with a “defeat device” that could recognize when the vehicle was undergoing emission testing. Due to various factors, the vehicle could sense when it was in testing mode and reduce the generation of nitrous oxide, making it appear to be compliant with EPA emission laws. Volkswagen was accidently exposed by an independent clean-air group conducting a study on emission standards and efficiency of diesel cars. As a result, EPA tested Volkswagen’s 2016 models and did not certify them after determining the models exceeded emissions testing outside of a lab.

For now, affected car owners can do nothing but wait. Volkswagen has stated that they are trying to work on a solution to meet the emissions standards and are assuring customers that the vehicles are safe to drive. When a solution has been found, the cars will be recalled to make repairs.

However, the scandal may cause some long-term issues for consumers. The resale values of the affected vehicles are expected to plummet and the predicted performance and fuel efficiency may not be as ideal once a fix is found. There is also the concern that owners may not be able to re-sell or re-register the vehicles until they are fixed because the cars are considered to be “illegal”.

The fallout from this scandal has been severe. Volkswagen’s CEO has resigned and shares are down by about 20%. Consumers feel cheated and Volkswagen’s reputation has been slashed. The company is said to be possibly facing fines of $40 billion dollars or more.

Multiple class-action suits have been filed and the company is still struggling to find a solution to an issue it knowingly created.

If you, a loved one, friend, neighbor, colleague or client has purchased or owned an affected  Volkswagen vehicle, please contact our firm at 561-655-1990 or chat with us at www.ForYourRights.com. We are available to answer your questions 24 hours a day / 7 days a week.

If you are in need of a Personal Injury Attorney in West Palm Beach, call now!

 About Lytal, Reiter, Smith, Ivey & Fronrath
Conveniently located in West Palm Beach for 27 years, Lytal, Reiter, Smith, Ivey & Fronrath, LLP concentrates in Personal Injury, Wrongful death, Medical Malpractice, Product Liability and Auto accidents. At Lytal, Reiter, Smith, Ivey & Fronrath, we specialize in helping victims and their families get fair compensation for injuries caused by the negligence or recklessness of others. Our main areas of practice include personal injury, wrongful death, auto accidents, product liability, medical malpractice, and premise liability. We provide each client with the highest quality representation from a top Florida accident and injury lawyer.

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