Did You Know About These Two Hidden Vehicle Dangers?

Automakers are required by law to issue recalls for defective auto parts. However, there are instances where dangerous vehicle features are not considered defective by regulators or automakers. In these cases, recalls may not be issued by automakers and consumers may be unaware these dangers exist.The hidden vehicle dangers that will be discussed in this blog have been known to regulators and auto manufacturers for years. Although there have been injuries and deaths, many vehicles may still contain these features.

Hidden Danger #1: Getting Stuck in Power Windows

According to KidsAndCars.org, thousands of children have been killed or injured by power car windows. Injuries and deaths occur when children stick their heads out of windows and then unintentionally roll them back up. In these cases, the keys were left in the ignition or the engine was running. Parents may leave the car on with the air conditioning running while mistakenly believing their children are safe.Power windows can exert between 30 to 80 pounds of force. It takes only 22 pounds of force to suffocate or injure a small child. Statistics collected by the National Highway Traffic Safety Administration (NHTSA) show that more than 50 children have been killed by power windows since 1990. Additional children have suffered traumatic brain injuries and amputation of fingers. Most of these victims were three years old or younger.The most recent victim of a power window accident was a two-year-old in Lafayette, Indiana. According to the parents, they placed the two-year-old boy and his sister in a vehicle with the air conditioning running while they worked nearby cleaning out another car. At some point, the boy woke up from a nap, rolled down the window and stuck his head out. He then triggered the power window and rolled it back up on himself. By the time emergency responders arrived on the scene, he had gone without oxygen for more than 40 minutes. Emergency personnel revived the boy but he died several days later at a hospital.

Hidden Danger #2: Rear-End Accidents and Seatback Failures

A CBS News investigation from last year found that seatback failures have injured or killed more than 100 people in the US since the late 1980s. Seatback failures can occur when a collision causes the seat to launch backwards, such as during a rear-end accident. If a passenger is sitting in the backseat, then they can be hit by an occupant in the front seat.Several years ago, Audi was sued by the family of a Texas boy who suffered a traumatic brain injury from a seatback failure. In 2012, the boy was riding as a backseat passenger when his father was rear-ended by another driver. The seat launched backwards and changed their lives forever. According to the boy’s father, his son now lives with permanent brain damage, partial paralysis and vision problems.In a deposition, Audi engineers claimed that the front seats of the father’s vehicle were designed to hit the knees of backseat passengers to absorb some of the force. However, children take the full force of the impact because they are much smaller. A Texas jury awarded the boy and his family a $124.5 million verdict.

Can I File a Product Liability Lawsuit for Auto Parts?

It is important to speak with an attorney after an accident involving vehicle features or equipment. Personal injury attorneys have experience investigating cases that involve dangerous products. Depending on the circumstances, it could be possible to file a product liability lawsuit against the manufacturer or other parties. However, it would be difficult for the layman to determine whether this is an option.The Texas personal injury attorneys at Mike Love & Associates, LLC can help victims of dangerous consumer products determine their eligibility for filing lawsuits. We also have page that can help you learn the basics of product liability lawsuits.

Can Homeopathic Products Be Dangerous for Children?

Homeopathic products are marketed to the public as alternative medicines that can treat various health problems. However, in recent months, some of these products have been linked to injuries and deaths. Homeopathic magnetic bracelets are the most recent product of concern. These bracelets are marketed as a way to improve blood flow and “electromagnetic energy balance.” They may also be a source of lead exposure.According to the Centers for Disease Control and Prevention (CDC), a 9-month-old baby in Connecticut had dangerously high levels of lead in her blood after using one of these products. The lead exposure was first spotted by a lab test during a routine checkup. At first, the girl’s doctors assumed she had been exposed to lead paint. An investigation did discover lead paint on two windows in the girl’s house. However, this theory was ruled out because the girl’s siblings did not have excess lead in their blood.It turns out the parents had purchased a homeopathic magnetic bracelet at an artisan fair. According to the parents, they believed the bracelet would help ease their daughter’s teething pain. The child repeatedly stuck an object in her mouth. Lab tests discovered the bracelet contained lead at 17,000 parts per million – 170 times the amount lead allowed in children’s products under federal regulations.Children who are exposed to lead may suffer from multiple adverse health conditions. They may develop brain, kidney and nervous system damage. In addition, they have a heightened risk of learning disabilities and other cognitive problems. Severe exposure may cause lead poisoning, which can result in coma or death.

Are Homeopathic Supplements Regulated?

Homeopathic medications do not have US Food and Drug Administration (FDA) approval to treat any health conditions. These products do not go through the same rigorous review process as FDA approved prescription medications and medical devices. As a result, they may contain harmful substances that can lead to catastrophic injuries or wrongful death. The same could be said for regular (nonhomeopathic) nutritional supplements. For example, a study published in the medical journal Hepatology found that certain bodybuilding or weight loss supplements contain substances that cause liver damage.There are also other cases of homeopathic products that allegedly caused injuries or deaths. Hyland’s homeopathic Teething Tablets were found to contain varying levels of belladonna alkaloids. Belladonna is more commonly known as deadly nightshade. The product was finally recalled after intense pressure from the FDA and the public. Lawsuits have been filed by parents who allege the tablets were responsible for the deaths of their children.Parents of children harmed by homeopathic products may be able to file lawsuits. Manufacturers or retailers who sold the products may be liable for injuries or deaths. The ability to collect a judgment would depend on the circumstances. If your child was harmed by a homeopathic product, then it is important to discuss your situation with an experienced Texas personal injury lawyer.

Can Football Concussions Cause Permanent Brain Damage?

Many Texans consider football to be an important part of our culture. Plenty of movies and books have been written that describe Texas football culture in detail. However, this is a sport that should be treated with both respect and caution. In some cases, football concussions can put players at risk of suffering permanent brain damage.A new study released by Boston University discovered that brain health can decline after several years of playing the sport. Researchers at Boston University examined the brains of 202 deceased football players. According to the results, 87 percent had signs of chronic traumatic encephalopathy (CTE). CTE is a degenerative brain disease that was first discovered in 2005 by Dr. Bennet Omalu. The condition can develop overtime after suffering multiple concussions. What makes the Boston University study alarming is that some of the brains examined belonged to athletes who had only played high school football. However, they still showed signs of CTE.If you saw the movie Concussion starring Will Smith as Dr. Bennet Omalu, then you may already be somewhat familiar with the debilitating symptoms caused by CTE. For example, people suffering from CTE may be more prone to apathy, depression and substance abuse. They can also suffer from short-term memory loss or impulsive behavior. Unsurprisingly, many of the symptoms of CTE have been compared to dementia. CTE is irreversible and the symptoms caused by the disease can worsen over time, especially when additional concussions occur.In addition to CTE, football concussions can also cause second-impact syndrome. Second-impact syndrome occurs when a player suffers two back-to-back concussions within a short timeframe. While this condition is exceedingly rare, it is responsible for several deaths and cases of severe brain damage. Athletes who survive second-impact syndrome can require specialized medical care for life.Many states, including Texas, have laws that are designed to prevent second-impact syndrome. In Texas, we have Natasha’s Law. Coaches and athletic directors in our state are required to undergo training that can help them identify players with concussion symptoms. After they are identified, these athletes are removed until they are cleared to return to play.

Can I File a Concussion Lawsuit?

If a high school athlete is suspected of having a concussion injury, then they should be removed from the field and examined by a medical professional. An athlete with severe concussion symptoms may take days or weeks to recover before it is safe to return to playing.While Texas football (and arguably other sports) are very competitive, the desire to win a game should never jeopardize the safety of our young athletes. There are cases where the school or athletic program could be held accountable when players are injured.

How Can Children Be Injured at Daycare?

Millions of parents across the country rely on daycare centers to supervise their children while they are at work. Parents put an enormous amount of trust in daycare centers. After all, these businesses are tasked with taking care of their children for several hours per day. However, there are instances where daycare centers betray the trust of parents. When licensed daycare centers are negligent, children can suffer catastrophic injuries or wrongful death. Common causes of tragedies at daycare centers may include:

• Lack of supervision: Daycare workers cannot properly supervise children if they are distracted. A lack of supervision may expose children to fall injuries, choking hazards and other dangers. In some cases, daycare workers have left children in hot cars after becoming distracted. The purpose of a daycare center is to supervise children. A lack of supervision is one of the most egregious violations.
• Abusive or dangerous staff: Daycare staff members with a history of violence of sexual abuse can harm children. Children can be victimized when daycares fail to perform background checks on staff members.
• Poorly trained staff: Poorly trained daycare staff may be unable to respond to certain types of emergencies. For example, if a child drowned or stopped breathing for other reasons, staff would need to know CPR to save the child’s life.
• Unsanitary conditions: Children can develop illnesses when daycares do not provide a sanitary environment. For example. daycares who do not regularly sanitize the premises can put children at risk of developing deadly bacterial and viral infections. Although this is a sensitive topic for some, daycares can also put others at risk by accepting children who have not received immunizations.
• Defective equipment or toys: Each year, defective children’s products are recalled by the Consumer Product Safety Commission and manufacturers. For example, some toys may present a choking or burn hazard to children. In other cases, defective cribs or furniture may cause fall injuries. These products can be responsible for accidents at daycares.

Can I File a Lawsuit for Daycare Injuries?

Unfortunately, these are only a few examples of how your child could be harmed at a daycare center. This is by no means an exhaustive list. What is important when it comes to filing a lawsuit is whether the daycare was negligent. Negligence is not always apparent to parents or caregivers after an accident. The daycare accident that harmed your child may warrant further investigation by law enforcement and an attorney.Depending on the circumstances that caused the accident, it may be possible to file a lawsuit against the daycare center. Daycare accidents can result in brain injuries, burn injuries and other serious harm that could have lifelong consequences for you and your child. Damages from a lawsuit could help pay for some the expenses associated with these injuries.If your child was injured at daycare, the Texas personal injury lawyers at Mike Love & Associates, LLC can discuss your situation and potential legal options at no cost.