Nashville Personal Injury Blog | Bart Durham Injury Law

Nashville Personal Injury Blog

Wrongful death and distracted driving accidents

A growing epidemic across the state of Tennessee, and the country, is that of distracted driving. Drivers are often operating their vehicles while distracted due to many different factors. A growing cause of fatal accidents is that of distracted driving. Because of this, many wrongful death cases are being filed by surviving family members.

Drivers have access to so much technology while behind the wheel today, including built-in technology like satellite radio, GPS and other features. Add to that, the ability to bring mobile phones into the car and distracted driving can become very dangerous.

Is primary enforcement of seat belt laws still necessary?

We all know by now that it’s much safer to wear a seatbelt when you are driving or riding as a passenger in a motor vehicle. Seat belts became a standard safety feature in all new passenger vehicles as early as 1964, with dual lap and shoulder belts incorporated into new cars in 1974. By 1996, all but one state (New Hampshire) had put a mandatory law regarding the use of seat belts into effect that applied specifically to both front seat passengers and drivers. 

There are currently two basic sets of seat belt laws in effect across the United States:

How to report a defective product

If you or a loved one has been injured by a defective product, there are steps you can take to prevent someone else from being injured, or even killed. Defective products can be reported to the Consumer Product Safety Commission via the agency's website. All you need is information surrounding the product in order to file a report.

There are eight important pieces of information you must provide when filing a report to the CPSC. The first four surround the product and the incident where you were injured:

Common consumer illnesses caused by defective drugs

Consumer illnesses can be caused by various items these days, but a common cause is defective drugs. Defective drugs are distributed on the market for a variety of reasons, one of which is that the Food and Drug Administration (FDA) simply missed an issue with the drug before issuing approval. Another reason is that the drug manufacturers hid the side effects of the drug.

One of the most common consumer illnesses due to defective drugs is uncontrolled vomiting. Uncontrolled vomiting is very serious and can lead to hospitalization. Most victims will need a trip to the emergency room in order to be issued anti-vomiting medication and to receive IV fluids to stay dehydrated.

What is the Consumer Product Safety Commission?

Consumers hope that when they purchase a product, especially a medical device, that it will work properly. For the most part, products and medical devices do work properly and allow people to go about their lives. When a product or medical device fails or breaks, it can injure the consumer. Consumers want to be protected as much as possible when purchasing products or medical devices.

-- What is the Consumer Product Safety Commission (CPSC)?

Warning signs of car electrical system problems

Cars are so important to the lives of billions of people worldwide. They are used to get to and from work, school, home, the store, the doctor and many other places. Even though cars are important, they are also dangerous. Defective auto parts can cause quite a bit of damage to a vehicle and even injury to those inside or near the vehicle. Here are the warnings signs of car electrical system problems.

One of the most common signs of a problem with your car's electrical system is that the engine will not crank. Most drivers automatically assume that their battery is dead or the starter has gone bad. While these are more often than not the reason why the engine won't start, they are not the only reason. There are times when there could be a part in the electrical component of the car that is defective. This can lead to the battery draining and the engine not starting.

Animal shelter could be liable for dog bite attack

There are times that truth in advertising is more important than others -- and that's the case with a shelter dog that had been labeled 'Boxer-Labrador-Mix" by the Louisiana shelter that also said he was "good with children."

The dog, named Emmett, turned out to be a pit bull. Not knowing this, his new owner introduced him to the home of friends where he bit their 15-month-old son on the face so severely that the child is essentially disfigured for life.

What is the malfunction doctrine in a product liability suit?

Whenever a person is injured because of a mechanical problem, a manufacturing defect suit may be necessary to secure fair compensation for his or her injuries. Like any product liability suit, it is very important to pursue justice when you suffer an injury from a defective product, because the same product may also harm others.

However, it is not always simple to prove a product defect was responsible for an injury. In some cases, such as car accidents, where the incident itself may damage the defective product and cast doubt on the nature of the defect, plaintiffs often must rely on malfunction doctrine. Malfunction doctrine is a legal principle that allows a victim to demonstrate the defective nature of a product without necessarily having to produce the product itself.

Voluntary recall of Epipen and EpiPen Jr.

Two consumer reports of a "failure to activate" in Mylan's EpiPen and EpiPen Jr. have led to a voluntary recall.

Mylan reports that after consulting with "Meridian Medical Technologies," which is its manufacturing partner and the Food and Drug Administration (FDA), the decision was made to recall certain lots of EpiPen and EpiPen Jr. The medical device is used to administer epinephrine, which is used to treat potentially fatal reactions of severe allergies, also known as anaphylactic shock.

Samsung Note 7 could return following recalls for fires

The much-maligned Samsung Note 7 could return to the market following recalls for fires. The phone could return refurbished or as rental phones following the recalls, according to Samsung, which has admitted considering bringing the recalled phones back onto the market.

Samsung did go as far to say that it will consult with regulatory entities before putting the recalled phone back on the market. The company will also take a look at local demand before making any final decisions. Samsung also noted it will talk with carriers about possibly bringing back the phone to get their opinions.

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