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San Antonio Personal Injury Law Blog

Defective products lawsuit filed against ATV manufacturer

All-terrain vehicles are utilized by many outdoor enthusiasts in Texas and all across the nation. These vehicles are widely used for recreational purposes as well as for work usage. However, certain models of one ATV manufacturer were known to catch fire. The manufacturer, Polaris Industries, is facing a potential class-action lawsuit for these defective products.

Approximately 300,000 owners of models of Polaris ATVs made from 2011 to 2018 are involved in the lawsuit in a U.S. District Court sitting in another state. Seeking class action status, these consumers claim that the company was aware of the tendency for the vehicle to catch fire. However, according to the lawsuit, the company did not communicate the problem to owners in a timely manner nor adequately resolve the defect.

Flying is the safest way to travel -- or is it?

Hundreds of thousands of car accidents happen across the country every year, and many of them happen right here in Texas. Riding a motorcycle or a bicycle or even walking can be hazardous to your health. What about flying? The airlines like to say that flying remains the safest way to travel, and that may be true if you fly commercial. What about traveling by private plane?

Airlines have improved their safety ratings over the years, but when it comes to private aircraft, improvements have been slow. Commercial airlines have reduced their accident rate by nearly 80 percent in the last decade or so, but during that same time, the general aviation industry hasn't seen much improvement, if any.

Beware of carbon monoxide while boating

Once spring makes an appearance, many Texas boating enthusiasts begin making plans for boating adventures. If you are among these Texans, then you may be preparing your boat and going over a safety checklist to make sure that nothing interrupts your time on the water.

One consideration that you may not think of is whether your boat presents a threat of carbon monoxide (CO) poisoning to you and those you invite to come along with you. Many people across the country become ill or even die from this odorless, tasteless and colorless gas each year. There are precautions you and your guests can take in order to avoid becoming victims of carbon monoxide poisoning.

Defective products: Goodyear investigated for faulty tire

A trip in a motorhome to a major theme park sounds like a wonderful getaway for families in Texas or elsewhere in the country. Certainly, a traveler in this type of vehicle wants to reach the destination safely and return home without incident. However, this goal becomes harder to reach when there are potentially defective products involved. An official investigation may finally be coming after two decades of settlements and attempts by a major company to keep documentation confidential.

In 2003, a family was traveling in a motorhome on the interstate when the tread came off its left front tire, causing the driver to lose control. After hitting a sign, sliding, then striking an embankment, several of the driver's family members in the motorhome suffered broken bones. The driver was paralyzed as a result of the crash, then later passed away from the injuries. The family filed a lawsuit against Goodyear, the maker of the tire. The company has been accused of covering up several more deaths caused by defects in the tires.

Is a defective warning responsible for your injuries?

You would expect that a consumer could hold the manufacturer, distributor or seller of a product responsible for injuries that occur if the product is defective. You have likely seen the media coverage of igniting cellphone batteries, exploding airbags and toppling furniture. Consumers have the right to seek compensation when products cause them harm or take the lives of loved ones.

What you may not realize is that a product does not need to be defective for the manufacturer or others to be liable for injuries you may suffer while using the product. This is because manufacturers owe you the duty of providing warnings about dangers that may not be so obvious in their products.

Chemical plant worker suffers catastrophic injuries in explosion

The Occupational Safety and Health Administration has strict safety regulations for all the different types of industries, and while each has unique hazards to address, some general rules cover all. One of those is the need for companies to provide the necessary safety training -- especially to new employees. Too many catastrophic injuries are suffered within a few days or weeks of people starting new jobs. A recent chemical plant explosion in Texas underscores this concern.

Reportedly, a worker who started working at a chemical plant only three weeks ago was unaware of the danger of causing sparks. Investigators say the man's dragging of his foot in an area where the mixing of chemicals took place caused static, and sparks caused a fire that engulfed the worker's upper body. They say he suffered severe burn injuries, and he was flown to a hospital in critical condition.

Explosion and fire hinders search for worker

On March 15, 2018, an explosion rocked the Tri-Chem Industries plant in Cresson, Texas. The subsequent fire continued to burn into the week end. The fire prevented the recovery of the body of a worker who is presumed dead. On Saturday,

Cresson Mayor and Assistant Fire Chief Bob Cornett said "They've pulled everybody out. It's just too dangerous." The missing worker was identified as 27-year old Dylan Mitchell. Two other workers were injured. One of them remained in the hospital on Saturday with severe burns from the waist up.

When doctors suspect you have a spinal cord injury

A spinal cord injury can be one of the most devastating injuries you can suffer. This is why emergency responders to the accident in which you were involved likely took many precautions if they even suspected an injury to your back or neck. This may have included the use of a backboard and neck brace as well as careful techniques for moving and transporting you to the hospital.

Because damage to the spinal cord may lead to permanent disability, you likely underwent a comprehensive battery of tests. Doctors wanted to learn the location and extent of your injuries to be able to determine how the damage to your spinal cord might affect your long-term prognosis.

IIPPs effective tools in reducing workplace injuries

Safety is an issue for workers in most industries throughout Texas and other states. Companies of all sizes want to reduce workplace injuries and accidents. Of course, this goal requires thoughtful planning and execution in order to be achievable. Safety experts recommend that all businesses have an injury prevention plan in place.

Specifically, an Injury and Illness Prevention Program, or IIPP, identifies potential safety problems on the job. The plan also details ways that workers can be protected. While IIPPs are not a requirement in this country, reports show that 15 states require companies to have them in place. In addition, 19 more encourage workplaces to document their prevention plans.

Has your accident left you with a headache that won't go away?

After your accident, you expected to feel some aches and discomfort. If your injuries required surgery, you likely suffered through some very painful moments. Soon you may have noticed the pain subsiding little by little, with one major exception.

If you are still suffering from a headache even weeks after your accident, you may be experiencing post-concussion disorder. Your recovery from your other injuries may allow you to return to work and proceed with your normal life, but your headache and other symptoms make it difficult for you to cope.

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