The recall report of Jardine Cribs has nearly reached 400,000 after an additional 56,000 units were recalled by the manufacturer due to the risk of serious injury or death to infants and toddlers. The cribs, sold for up to $330 apiece, were sold nationwide from March 2004 until the start of 2009 at Kids World, Geoffrey Stores, Toys-R-Us, and Babies-R-Us.
This child product recall raises many questions about Arizona Product Liability Law. For instance, if a defective product causes serious injury, what can an Arizona resident do to recover for that injury? The first step is to hire the best product liability lawyers they can after a serious injury of wrongful death that came as a result of a defective product. Also, this raises the question as to whether or not a recall is required in order to pursue a claim due to a defective product that caused injury to an Arizona resident. The answer is an absolute no. While a recall may be evidence of a dangerous product that never should have been on the market, the reality is that determining whether or not there is a defective product that was placed on the market that never should have been there and never should have caused injury is a much more complicated analysis.
Arizona Product Liability Law offers answers on what Arizona residents should do for this or any other child product recall. Many Arizona residents may not be aware that liability law in Arizona allows an injured party to claim even if there is not a recall. While the recall means there is probably evidence that the product is dangerous, the determination of whether a defective product was placed on the market and caused injury is more complex.
Whether an Arizona citizen should pursue an individual claim for serious injury in such cases can be determined by experienced Arizona product liability lawyers, who should give a time frame and probability of success if an individual claim is pursued.
The recent recalls of various Chinese products also brings up other nuances. Arizona is perhaps one of the only states in the U.S. that requires Arizona residents to sue the Chinese manufacturer directly for defective products. In most cases, it is thought that injury victims of defective products are better positioned to file claims against the store in the United States at which they bought the product rather than to sue the Chinese corporation directly; as the local store is thought to be more likely to have sufficient insurance. This tends to make Arizona product liability claims more complicated in cases of serious injury or wrongful death that occur due to a defective product from China or another foreign country.
Product recalls in Arizona and the rest of the U.S. are not a perfect solution, but we hope that anyone who bought a Jardine Crib will take advantage of the recall to ensure that American infants and toddlers sleep safely.
Our sympathy goes out to the family of a nine-year-old boy struck by a pickup truck on a busy street in West Phoenix before the school bus had come to pick him up. Reports say he died later that morning at the hospital. It is always sad to hear about the death of a child.
People often ask us why we pursue personal injury claims in Arizona in cases like these, as money certainly cannot nullify such a loss.
We have put a lot of thought into this issue, and know that money can never take back what has been done. Yet, there are financial implications when a child is lost. If the child’s death is even partially the result of a driver’s negligence, why should a negligent driver not be penalized? The same goes for the insurance company that covers a negligent driver. It is not a question of undoing the damage to the family in cases like these, but lessening the financial impact upon the surviving members of the family.
All sorts of questions, including whether or not the family should pursue a wrongful death claim, follow tragic fatal truck accidents in Phoenix and other personal injury accidents like these. However, even though the law may permit a wrongful death claim to be pursued does not necessarily mean it should be. It is not the law, but instead the family’s unique situation that should be taken into account, even if another party’s negligence or neglect caused the death of an innocent victim. Filing a lawsuit is not the best decision for everybody. This being said, others who have suffered the tragic loss of a child want justice. They want someone to be held accountable. They want to know the loss of the child was not in vain. They want someone to say in open court that the life of the child that was lost had value, and that he or she was important. For some people, not filing a wrongful death claim will leave the family even more unfulfilled if there is no measure of justice for their loss.
We never try to convince a family to file a wrongful death lawsuit unless it was in their best interests, even though we are experienced Phoenix Arizona wrongful death attorneys. As practiced and certified specialists in injury and wrongful death, we understand the emotional process parents go through when they lose a child, and feel they should speak with a veteran lawyer who will not try to persuade them, but who will actively answer their questions so that they can decide what is right for them. Nothing can bring back this nine-year-old boy, or any other child who dies in an accident in Arizona or elsewhere. We should not, however, judge those who pursue their rights under the law.
In our work helping Arizona accident victims, a recent story involving Ben Roethlisberger, the Pittsburgh Steelers’ quarterback, seemed eerily familiar to our own work with motorcycle accidents with head injuries and bicycle accidents with head injuries. According to the story, the quarterback could not fit comfortably into his helmet after suffering from a concussion because swelling had increased the circumference of his head.
The issue that a properly fitted helmet should be worn by motorcyclists and bicyclists is one that is often brought up by defense attorneys in personal injury lawsuits involving severe head injuries in Arizona. What this story shows, however, is that even with the best equipment, a slight variation can negate some of the protection a helmet offers.
As Arizona law does not require helmets to be worn by motorcyclists, a wrongful death or personal injury suit can be filled even if the rider was not wearing a helmet. What many people may not realize is that the defense can also use the fact that a rider was not wearing a helmet to query whether the injury would have happened had the rider worn head protection.
As Phoenix personal injury lawyers, we encourage the use of head protection for motorcyclists and bicyclists, but we also know from our experience in pursuing claims for both motorcycle and bicycle accidents that helmets do not always provide enough protection to prevent injury, or to save a life. This is why we encourage those who have suffered head injuries in an accident as a result of someone else’s negligence in Phoenix, Tucson, or elsewhere in Arizona to consider their rights and the possibly bring a claim. The only way in which it can be determined whether a helmet would have prevented injury or death is by examining the dynamics of each individual bicycle accident or motorcycle accident.
Because of this, it is often difficult for people to decide whether they should sue. Phoenix motorcycle crash victims need certain information so that they can make the best decision for them, both emotionally and financially, and not just file a lawsuit without considering what that entails and if it’s even necessary. That is why it is important that personal injury lawyers provide those who suffer from severe injuries due to another’s negligence with the information they need in order for them to decide whether or not to pursue a case.
As experienced Phoenix dog bite lawyers, we see the same types of stories occur over and over. Ask any personal injury lawyer, and he or she will tell you that some things are just dangerous. It is unfortunate how many cases occur where pit bulls or other dangerous canines attack and seriously injure or even kill children.
There is really no excuse for owners of potentially dangerous animals not to keep them restrained. Recently in Phoenix, two pit bulls attacked a postal worker who was just doing her job. Many people reading about this incident may ask themselves why these two dangerous animals were not contained, in addition to why people in the neighborhood, rather than the owners, had to save the innocent letter carrier.
Like other dog bite victims, this woman has a right to be compensated for her injuries. This includes compensation for lost wages, pain and suffering, medical bills associated with the dog attack, and any out of pocket expenses along the way. Arizona law allows a dog bite victim to sue the owner, and there is often recourse from the house insurance policy for the residence at which the animals should have been contained. An Arizona dog bite claim is not limited just to the property where the dogs should have been. In fact, victims of dog attacks have equal rights to pursue a claim that happened off the property.
On the other hand, Arizona dog bite law prevents any lawsuit to take place after two years. To make matters even more restrictive, somebody who has been attacked by a pit bull in Arizona must bring a lawsuit within one year of the date of the incident or they lose some of the legal protections they have. Therefore, while in theory a lawsuit can be brought up to two years after an attack, it is very much to the benefit of a dog bit victim to seek out a lawyer early enough that the investigation can be accomplished and the chance to file the lawsuit in less than one year can be pursued.
If you or a loved one has been attacked by a dog, and especially a pit bull, you may want to seek out an experienced lawyer soon enough after the incident to enable a lawsuit to be filed within a year, if necessary. It is our opinion at Breyer Law Offices, however, that such cases can and should instead be prevented, so that Arizona dog attacks become a rare event.
It looks as if Arizona wrongful death and personal injury claims for collisions involving tractor trailers may increase soon.
We hope that this will not be the case, but recently, truckers are taking on unprofitable loads just to fill their trucks will make it likely that more truck drivers will increase the number of hours they drive beyond what federal regulations allow and thus drive while fatigued. A major reason for suits against trucking companies comes from truckers driving while fatigued, as the drivers attempt to push the limits of their bodies to make more for themselves or their companies. Claims of Phoenix truck accident wrongful death or serious personal injury revolve around this issue, and we see too often how Arizona trucking companies allow truckers to drive in excess of the number of hours allowed. When a trucker falls asleep at the wheel, it is often at the expense of innocent people who by chance happen to share the same roadway with professional drivers who are not getting enough sleep.
Trucking cases are complex, and deciding whether to file a claim requires a consult with the best Arizona personal injury trucking lawyer you can find. A good attorney with the knowledge of the federal regulations regarding trucking is imperative for anyone who has sustained personal injury in an accident involving a semi-truck. The right lawyer will be able to not only file a lawsuit, but also answer any questions the person or family has such as whom to bring the suit against and what the total financial and emotional implications of a truck accident are to truck accident personal injury victims and their families.
We help those victims of trucking collisions and their families through the whole process of a lawsuit. We feel it is important not just to be successful in pursuing lawsuits, but also to ensure that our clients understand the process and their rights, and that they are kept fully informed throughout. It is our efforts to communicate that encourages our clients to contact us whenever they have questions, whether after a trucking accident, automobile accident, motorcycle accident, or any other wrongful death or serious injury claim.
Drunk drivers are causing more serious injuries and deaths on Arizona’s roads. According to reports in the Camp Verde Bugle, the death toll of 502 deaths related to alcohol on Arizona’s roads is climbing back towards 582 deaths in alcohol-related motor vehicle accidents that were reported in 1986.
No amount of money will bring back a loved one. Criminal courts only deal with the punishment of drunk drivers, so who will look after those who are left behind? Arizona personal injury lawyers can aid families who have lost an income or are dealing with other financial hardships associated with a wrongful death from someone else’s negligence in a drunk driving accident. Even if someone is only injured in a drunk driving accident in Phoenix, there are often huge financial costs associated with their injuries. Whole families are affected by drinking and driving, and we continue to watch with trepidation as deaths from drunk driving climb in Arizona.
Arizona auto accident lawyers like us help the victims of drunk drivers, and we know many of the questions people ask before bringing a claim. How long will it take to claim? What if the injury is serious? Will it take longer in such cases? What is necessary to file a lawsuit against a drunk driver? Can the party who drank and drove be forced to pay for pain or lost wages because of their negligence? We can answer these questions and many more to enable a family or individual to decide whether to file a personal injury claim.
Keeping the lines of communication with our clients open is important to us, though we are also proud of the fact that we are extremely successful in ensuring that our clients are compensated for their injuries. We are more than willing to answer questions of those involved or affected by serious injury or wrongful death caused by someone else’s negligence. It is not just the legal merit of the case we look at, but whether the claim is in the best interests of the family or individuals involved.
Meanwhile, we can only hope that the enforcement of drunk driving laws by prosecutors and the pursuit of damages by personal injury trial lawyers will help decrease the current spike in fatalities on Arizona’s roads.
When a school bus causes serious personal injury in an accident, the situation of those involved can become more complicated than with other bus accidents. Residents of the greater Phoenix, Arizona metropolitan area recently saw their city in the national news after a horrible bus collision. An article explains how a bus carrying Western Valley elementary school students went on for about a mile after it first went out of control. This Arizona school bus accident seriously injured 26 people and caused at least a dozen accidents.
Many of these people affected by the incident will never receive the compensation to which they are entitled because of the 180 day deadline for filing a “notice of claim.” They must file a notice of claim properly to the right people and with the correct content. If they do not file a lawsuit during this time, the personal injury plaintiffs will have lost all rights to compensation. The one bright spot in this incident is that none of the children were seriously hurt; but for the rest of the people on that Phoenix street that suffered serious injury, it may be vital that they quickly find the best Arizona personal injury lawyers they can.
It is difficult to decide whether or not to bring a claim after any type of vehicle accident. We strongly recommend that people involved in this bus collision, or any other motor vehicle accident, gather information and have their questions answered by an expert personal injury attorney. At Breyer Law Offices, we invite those who were involved to seek information from us. We will answer your questions honestly. As experienced auto accident lawyers in Phoenix, we know that there may not be a legal claim; however, without investigating further, there is no way to know if a claim may be legally made. With our ample knowledge of Arizona law, we can provide you with information to help you make the best choice for your situation.
At least seven passengers were killed and more were seriously injured in a terrible tour bus accident, according to an account. The tour bus was full of Chinese nationals returning from a visit to the Grand Canyon along a stretch of US Route 93 that runs between Phoenix, Arizona and Las Vegas, New Mexico. The news must have come as a terrible shock to the families of those involved in such a horrible bus crash.
Families of the victims of this bus collision will not be thinking of compensation at this point, but this bus accident will have caused financial hardship for the families of those who died, to which they are likely entitled recompense. A competent personal injury and wrongful death attorney in Phoenix would tell them that foreign visitors or immigrants have a right to bring personal injury lawsuits in cases when they have suffered injury due to negligence by another party. This is the case even if an immigrant is illegal and undocumented.
The law places great importance on holding companies, groups, and individuals accountable for their negligence, even for visitors or immigrants to our country.
We encourage those who have questions about this or another Arizona bus accident to contact us, even if you are unsure whether you should pursue a claim. We are happy to answer your questions. We will help you make the best decision for you and your family. For people who suffer serious injuries or lose a family member in a wrongful death bus collision, an experienced bus accident attorney can help guide an injured party to claim the compensation they deserve.
It was reported in an article that two Arizona workers were electrocuted to death in two separate incidents; an employee of the Salt River Project and an employee of the Arizona Public Service Co. No lawsuit or legal claim can bring back these two workers, but the families dealing with this and any other workplace wrongful death in Arizona should know that they can receive more than just workers’ compensation in some cases.
We know a lawsuit cannot undo the harm caused by this electrocution accident in Arizona, but as an experienced Arizona law firm that helps families in wrongful death cases we understand the consequences of loss of income and how it often creates further economic suffering. It is important for families to get help during such a tragedy caused by wrongful death on the job. We know that there are many legal alternatives that may provide more than workers’ compensation.
In the cases of workplace deaths mentioned above, we do not know whether the families are entitled to more than workers’ compensation, but we use it as an example to state that families of workers who have died in the course of their work or had an on-the-job injury in Arizona may have access to other benefits.
It is always difficult to say whether a claim should be pursued. Unlike some personal injury lawyers, we believe it is the families that must make the decision in the case of a serious injury or wrongful death. For some people, it may not be right for them to file a personal injury lawsuit after being injured on the job. As Arizona wrongful death attorneys , we are happy to provide the information people need when considering a wrongful death suit by answering questions that allows a family to make the best choice for their specific case.
The destruction and serious injuries caused by DUI accidents in Arizona outrages me. Those who drink and drive must be prosecuted, and drunk drivers ought to be sued by the injured victims in civil court by personal injury attorneys.
A January 10 report in the East Valley Tribune left me shocked and saddened. A family of four was hit at a four way stop when a pickup driven by two teens went through the stop sign without stopping, broadsiding the family’s car. It was determined that excessive speed caused the crash, and that the two teenagers were under the influence of alcohol. Two boys, aged 6 and 11, died in the crash, and the wife was in critical condition.
The line must be drawn somewhere for those who drink and drive. We as a society must do everything possible to prevent such tragic Arizona drinking and driving accidents from happening.
As Phoenix lawyers that deal with serious injury and wrongful death in Arizona, we aid Mesa, AZ families who have experienced injuries due to accidents. In this case, there is nothing we can do to bring back the lives of these two boys, nor can any settlement bring solace to their parents. Even if we sued the teenagers and their families for everything they had, it would not undo the harm they have caused. Yet it is imperative that drunk drivers be punished not only in criminal courts but also with personal injury cases in civil courts. We at Breyer Law Offices have never defended drunk drivers nor have we taken on drunk driving criminal defense cases. We cannot ethically do so. Rather, we will stand up for the rights of the victims of drunk drivers.
After any drunk driving accident, there are usually innocent victims. These innocent bystanders not only should be compensated for their losses, but as members of society their personal injury suits serve as an added punishment, and hopefully a future deterrent, to drunk drivers. Those who drink and drive must know that they are not only putting their freedom at risk should they be caught, but they may also lose their assets as well. Victims of drunk drivers and their families should contact experienced Arizona DUI accident victim lawyers to both punish drunk drivers as well as receive the compensation that is due them.
Our condolences go out to this family, who can never be compensated enough.
