Popular Rifle the Target of Defective Product Claims

Could one of the most popular rifles produced and sold in the Unites States have a defect that causes it to fire without the trigger being pulled? Evidence suggests that this might be the case. In February, after thousands of customer complaints and years of denials, a class-action lawsuit against the manufacturer moved another step forward.

Ten state attorneys general also publicly expressed their opinion, writing to the judge that they believe the manufacturer knew or should have known that these guns were defective but continued to make and sell them. Up to 7.5 million of these potentially defective rifles are now in the hands of consumers.

 

Problem Suspected for Decades

The gun in question is the Model 700 rifle from Remington, which has been in production in one form or another since 1962. Internal documents show that Remington’s own tests found problems with the rifle’s trigger mechanism as early as 1975, and they considered a recall by 1979. Yet nothing was done until legal action pushed the company to reach a settlement at the end of 2014.

In the years before the settlement, the company received thousands of complaints, including some from law enforcement customers, and the misfiring trigger was blamed for more than twenty deaths and hundreds of injuries. The company reached settlements with some owners, including a $17 million payout to a gun owner who was accidentally shot in the foot and required an amputation. More than 150 lawsuits are known to have been filed over injuries and deaths blamed on the Model 700’s trigger.

 

Trigger Recalled

The original trigger mechanism—which even its designer worried was less safe than it could have been—was replaced in 2006. But the replacement trigger was also criticized, and Remington discovered that it could fire on its own up to 40 percent of the time in cold conditions, leading to a voluntary recall of 1.3 million rifles.

Critics argue, however, that Remington has done little to promote or execute the recall and has never admitted any problem with the trigger mechanism, in part because the total cost of replacement could be close to half a billion dollars.

 

Settlement Rejection Possible

The tiny number of rifles that have actually been repaired—roughly 22,000 of the 7.5 million made—has put the status of the class action against Remington over the Model 700 in limbo. The judge in the case has expressed concerns that the implementation of the proposed settlement has been too lenient. That small number of repairs means that an agreement anticipated to provide nearly $500 million in remedies has only cost the company “a very small payment . . . less than $3 million” says the judge. He’s expected to issue a ruling on whether the settlement is acceptable or if the class action should proceed to trial within a few weeks.

 

New York City Product Liability Lawyer

Any product can turn out to be defective, but responsible manufacturers act quickly to remove dangerous items from the marketplace. When a manufacturer doesn’t act, the government can step in to force a recall. When a known dangerous product is sold, affected consumers can turn to the legal system to force accountability on and win compensation from the negligent parties.

Guns have special status compared to other products, and they can only be recalled voluntarily—not by the government. However, a product liability suit can still be filed. If you or someone close to you has been harmed by a product with a defect in its design or manufacture, get in touch with someone who understands defective product law. Greenstein & Milbauer, LLP has experience with this type of case and offers a free consultation to all new clients. Call us at 1-800-VICTIM2 (842-8462) or contact us online through the form on this page to learn more.

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Woman Suffers Head Injury in Construction Scaffolding Accident

An innocent woman was struck in the head by construction debris as she walked in the Bronx with her two small children. She had to be rushed, bleeding from the head, to St. Barnabas Hospital with paramedics attending to her.

The accident happened in Norwood at 3160 Webster Avenue and E. 205th Street at about 1:00 p.m. when high winds caused a pole to come loose and hit the thirty-nine-year-old in the forehead. At the time of the accident, construction workers were taking down a sidewalk bridge. A stop-work order was subsequently put in place by New York City Buildings Department inspectors.

 

Injuries Appear Minor

While the woman was released later in the day in stable condition, this situation could have been much worse. Thankfully, her nine-month-old and three-year-old sons were unhurt, and hopefully the woman’s injuries were superficial.

However, the extent of head injuries is often not known until several weeks after an accident. It’s possible that the victim will suffer headaches, dizziness, and other symptoms of a concussion. In some cases victims can walk away from a bump to the head and later succumb to the symptoms of what’s known as a “brain bleed,” medically termed a subdural hematoma.

 

Construction Workers Protected

While it would not have covered the Bronx woman, New York City has a scaffolding law that protects construction workers who are hurt on the job. It mandates that construction companies inform workers of the danger they may face on each project and of the hazard of falling or being hit by something that falls.

This measure is quite unpopular with building companies as it restricts their actions and puts onus on them. Although this law does not apply to passersby, it illustrates the fact that businesses must act responsibly to keep people safe. The frequency of New York City scaffolding accidents is a preventable disaster.

 

Textbook Example of a Personal Injury Claim

This particular accident is a perfect example of a potential personal injury lawsuit. These types of legal matters arise when someone is injured because of the negligence or wrongful actions of someone else. This construction site had been problematic before when In August it had received a violation citation for air conditioning and heating equipment installation not adhering to its permit.

While there were high winds the day of this accident, it’s possible that the workers or the company they worked for did not act with the safety of the public in mind. If the Bronx woman did suffer serious head trauma or emotional damage, financial damages could be sought for any past or future medical expenses, any income lost due to an inability to work, and any other financial burdens or non-economic losses caused by the accident or injury.

Personal injury law exists to help New Yorkers who have been hurt by someone or something else. Many cases can be worked out with insurance companies and never go to trial. However, the insurance companies prey on people’s ignorance regarding how much their case is worth. The end result is people walking away with what they consider decent money when they’ve actually been short-changed.

 

New York City Construction Accident Lawyers

Greenstein & Milbauer, LLP has been helping clients get the highest financial awards possible for decades. Our years of experience fighting insurance companies and presenting the strongest evidence available are evidenced by our many satisfied clients.

If you or anyone in your family has been affected by someone else’s wrongdoing, give us a call. You’ll get a free consultation with one of our knowledgeable lawyers. Call 1-800-VICTIM2 (842-8462) today or complete the form below to find out what your case might be worth.

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Road Rage Harms Innocent Bystander

A Brooklyn teenager who was standing on a sidewalk while engrossed in his cell phone was the victim of a road-rage incident he had nothing to do with. The fourteen-year-old was playing a video game on a Greenpoint corner when a Porsche SUV struck him and sent him flying ten feet “like a rag doll,” according to a witness. After the incident, he was hospitalized and listed in serious condition but is luckily expected to recover.
The accident happened after a Honda’s driver was trying to get out of a parking spot and the SUV’s driver flew into a rage from having to wait while he pulled out. The Porsche’s driver aggressively tried to maneuver around the Honda only to be struck by it. The Porsche then peeled out and jumped the curb. After hitting the teen, the driver reportedly chose to yell at the Honda driver rather than assist the victim.

 

How to Avoid a Loose Cannon

Road rage incidents can be terrifying, with drivers purposefully rear-ending or sideswiping other drivers and stalking them. The chase often goes on for miles. Too many scared drivers get into secondary crashes as they try to escape the enraged driver on their tail.

The Brooklyn boy had no contact with this driver, and was a completely innocent bystander who was hurt anyway. However, many road rage cases are triggered by common things. The New York Governor’s Traffic Safety Commission suggests the strategies below to avoid setting off a potential aggressive driver. Remember to head to a police station if an aggressive driver starts tailing you. Do NOT go home.

If you suspect you’re dealing with someone under the effects of road rage, these tips can help you stay safe:

• Don’t Make Angry Hand Gestures – If you make the wrong one, the conflict might get up close and personal.
• Don’t Use Your Cellphone While Driving – Not only is this New York state law, but it’s also a huge trigger for aggressive types who think your cell phone use is inconveniencing them.
• Don’t Make Eye Contact – Avoiding the gaze of an aggressive driver can help prevent a vehicular assault.
• Don’t Tailgate – Trying to control a driver by getting up on his bumper is a good way to enrage him.
• Don’t Honk or Flash Your Lights – Aggravated minds will see this as a direct challenge.

 

Where the Law Comes In

Depending on whether violence or harm is involved in a road rage case, criminal charges will vary. In the case described above, the driver was charged with reckless endangerment, which can be either a felony or a misdemeanor depending on how the intent of the driver is perceived. As of the most recent reporting, the SUV driver was out on $1,400 bail.

As for the injuries and property damage sustained by the victims, a personal injury lawyer could initiate a civil case seeking damages for either the pedestrian or the Honda driver’s injuries. These damages could take the form of current and future medical bills, rehab expenses, lost pay, pain and suffering, and more.

 

New York City Auto Wreck Attorneys

Greenstein & Milbauer, LLP are well-versed in litigating New York City car accidents and know the best way to present road rage and pedestrian injury cases for maximum impact. We can give you a free consultation about your personal injury case. Call us today and find out why New York drivers come to us after being injured. Simply call 1-800-VICTIM2 (842-8462) or complete the form on this page to get started.

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More than One Hundred Injured in Brooklyn Train Crash

Commuters on the Long Island Rail Road (LIRR) received an unpleasant surprise last week when their train failed to stop properly upon arriving at Brooklyn’s Atlantic Terminal. The train crash will be investigated thoroughly, but preliminary reports suggest that the train was moving erratically as it approached the terminal and it’s been suggested that the driver could have been suffering from a sleep disorder. Up to 106 people were injured in the crash and transported to local hospitals for treatment, but none of the injuries were considered serious and there were no fatalities.

 

Not a Typical Commute

The train crashed on Wednesday, January 4 around 8:00 a.m. and was carrying 600–700 passengers. Some witnesses said they noticed nothing unusual at the time, but records show that the train had been moving in an unusual way.

Instead of pulling into the station at the correct speed, the train reportedly entered the terminal at more than double the normal speed and then decelerated and accelerated erratically, finally crashing into the safety device at the end of the platform while still moving at approximately 10 mph.

 

Compared to Hoboken Crash

Almost immediately, parallels were drawn between last week’s Atlantic Terminal crash and the crash of a New Jersey Transit train last September. In that accident, one person was killed and more than one hundred injured when a commuter train came into the station at double the speed limit and then hit the bumper at the end of a platform, causing structural damage to the station. The sole fatality, in fact, was a woman struck by falling debris.

An underlying cause of both crashes might also be the same. There’s a strong suspicion that the driver in that crash had a sleep disorder, which was diagnosed only after the crash, and that this was a major factor in the accident. The same problem was behind a 2013 Metro-North rail crash that killed four and injured seventy. Metro-North put a screening program in place after that 2013 crash, but the LIRR had not. That’s worrisome, considering that the Metro-North program found undiagnosed sleep disorders in 12 percent of its engineers.

 

A Foreseeable Accident?

The LIRR has a very good overall safety record. According to news sources, their last fatal crash was in 1951. But in light of the fact that sleep disorders were the suspected cause of two fatal train crashes in recent years and that so many of Metro-North’s engineers tested positive for them, one has to wonder if the LIRR was ignoring a huge red flag at the expense of customer safety. It’s a fortunate thing that no one was killed in the Atlantic Terminal incident.

 

New York City Train Crash Attorneys

Injuries and deaths involving trains happen all the time, but most people don’t hear about them. In 2013, there were nearly 900 deaths from rail accidents. The majority of them were people walking along tracks or rail workers themselves, but passengers are sometimes the victims.

If you or a loved one has been injured or killed in a railroad crash, turn to an experienced firm like Greenstein & Milbauer, LLP for help. We understand train accident law, and we offer a free consultation to discuss the specifics of your case. Give us a call at 1-800-VICTIM2 (842-8462) today to schedule a free consultation, or contact us online through the form below to learn more.

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Two Children Lose Fingers on Defective Slides—Is Your Playground Safe?

Have you ever wondered how safe the equipment is at your local park or school playground? We have all purchased products that have been recalled at one time or another, but when it comes to playgrounds, most parents feel that their children will be safe as long as an adult is watching out for them.

Many people also think that playground equipment at school and municipal parks is safe because they have strict standards when it comes to the safety of children. But this isn’t always the case, as many parks have either old and outdated equipment or equipment that has not been tested properly or even at all.

Just last month, two children lost fingers in traumatic amputations caused by a defect on a slide made by Playworld Systems. The company is now recalling 1,300 slides across the country that were sold to schools and municipalities over the last sixteen years. The side-welds on these stainless steel slides can separate and crack, allowing children’s fingers to get caught in the opening.

 

Consumer Products and Safety Testing

The government does not test most consumer products for safety before they hit the market. While some manufacturers or product makers may do their own pre-market quality testing, it may not be enough, and some companies may avoid it all together to keep costs low. Tragically, many safety hazards do not appear until consumers begin using products, which can result in serious harm and death.

The importance of product safety is crucial for makers of products and consumers alike. Recalls and lawsuits can cost companies millions of dollars, and when products cause accidents, consumers can be injured or killed, leaving their families devastated. So while Playworld Systems is offering free replacement slides and free installation, it’s too late for the children who lost fingers.

The Consumer Product Safety Act requires manufacturers, importers, distributors, and retailers to report injury incidents when a product causes injury. These companies are required to notify the Consumer Product Safety Commission (CPSC), the government regulatory watchdog responsible for protecting the public from hazardous products.

 

Holding a Negligent Manufacturer Accountable

Anyone who has suffered an injury due to an unsafe or defective product may be eligible for financial compensation. When a product is defective and causes injury, the creator, manufacturer, or distributor may be held accountable, depending on where in the chain the fault lies.

Product liability law is complex, and proving fault is a complicated process that requires the experience and knowledge of a capable product liability lawyer. In order to receive a fair settlement, it is important to have someone on your side who understands the details of product liability, from filing a claim within the statute of limitations to determining whether your case falls under negligence, strict liability, or breach of warranty.

 

A New York City Defective Product Attorney Can Help You

After being injured by a dangerous product, consult with the NYC product liability lawyers from Greenstein & Milbauer, LLP. We will aggressively fight for you right to recover the maximum compensation possible for your claim. With dedication and compassion, we are here to help you get the settlement you need to get back on your feet.

Don’t let an insurance company or the legal system make a victim of you a second time. Instead, contact us at 1-800-VICTIM2 (842-8462). Your consultation is always free with no pressure or obligation—just answers and honest advice.

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Drowsy Driving Kills

Anti-drunk driving campaigns and law enforcement efforts have helped make the roads a little safer. But a new study performed by the road safety organization AAA says that the public should be just as concerned about drowsy driving.

According to their findings, getting less than seven hours of sleep doubles the chance of crashing, while sleeping less than five hours makes a driver as unsafe as a drunk driver. “You cannot miss sleep and still expect to be able to safely function behind the wheel,” said Dr. David Yang, executive director for the AAA Foundation for Traffic Safety.

 

Sleep Duration and Crash Risk Directly Linked

The AAA Foundation report found that within a twenty-four-hour period, the crash risk for sleep-deprived drivers increased steadily when compared to drivers who slept the recommended seven hours or more:

• Six to seven hours of sleep: 1.3 times the crash risk
• Five to six hours of sleep: 1.9 times the crash risk
• Four to five hours of sleep: 4.3 times the crash risk
• Less than four hours of sleep: 11.5 times the crash risk

 

Signs to Be Aware Of

This study is making headlines and will hopefully raise awareness for what many of us do on a regular basis with hardly a second through: Most of us drive when we’re tired and probably just think of it as a minor inconvenience. In reality, getting sufficient sleep is potentially a matter of life or death. So it’s definitely time to re-examine the shape we’re in when we’re behind the wheel.

While some of this might seem obvious, AAA cites these warning signs to help you identify when you’re not driving at your best:

• Inability to remember the last few miles driven
• Disconnected or wandering thoughts
• Difficulty focusing or keeping your eyes open
• Feeling as though your head is very heavy
• Drifting out of your lane and onto the rumble strips
• Yawning repeatedly
• Accidentally tailgating other vehicles
• Missing traffic signs

When drivers recognize the above symptoms, they should relinquish the wheel to someone who has slept more or pull over and rest. AAA also recommends avoiding driving during normal sleep hours and forgoing heavy meals before driving. Drivers should plan to get a good night’s sleep before any long trips and factor in time for rest breaks every two hours or one hundred miles. They should also avoid taking medication that will make them drowsy.

 

Fatigued Driving Alarmingly Common

The AAA website also notes that 37 percent of drivers report having fallen asleep behind the wheel at some point in their lives and that 11 percent report having fallen asleep behind the wheel in the past year. As one survivor of her own drowsy driving crash says, “All it takes is a second, and you just nod off,” and your life can change forever.

 

New York City Auto Wreck Attorneys

Drowsy driving is an example of negligence that can be used against you or the other driver in the case of an accident. Although proving another driver was tired is trickier than measuring blood alcohol content in a breathalyzer test, there are ways to do so. For instance, certain records may demonstrate that a person had not slept in a number of hours, such as with credit card and phone records. Erratic or unsafe driving can be proven by a skilled attorney.

If you feel that you were victimized by someone else’s negligent behavior, such as drowsy driving, Greenstein & Milbauer, LLP have the experience to convincingly argue your case and increase your chance of getting more compensation. Contact us today to speak to one of our experienced attorneys by calling 1-800-VICTIM2 (842-8462) or by using the online form below.

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Playboy Model’s Death Blamed on Chiropractor

The sudden death from a stroke in February of a former Playboy model, known to her two million social media followers as the “Queen of Snapchat,” has been ruled accidental in an October report by the Los Angeles County Coroner’s Office.

However, in issuing its report, the coroner’s office attributed the stroke to a chiropractic procedure the victim had undergone several hours earlier. That finding again raises concerns about the safety of chiropractic procedures, which some have called dangerous and unnecessary.

 

Promising Career, Popular Model

Katie May, age thirty-four, had worked as a model and gained success with appearances in several ad campaigns and magazine features, including for Playboy, Esquire, GQ, and Sports Illustrated. She was also a popular social media personality. At the time of her death, it had been reported by some that she’d fallen during a photoshoot and injured her neck, which led to the stroke and her death.

She had, however, only told her online fans that she’d pinched a nerve in her neck during that January shoot, and that she planned to see a chiropractor about the problem. After a February 1 chiropractic visit, she began experiencing numbness and dizziness, and by the time she reached the hospital, she was found to be suffering a massive stroke. This led to major brain damage. Her family took her off life support on February 4.

The coroner’s report, completed seven months later, blamed her stroke and subsequent death on a tear in one of the important arteries that supplies blood to the brain. This tear, the report concluded, had been accidentally caused during May’s chiropractor visit.

 

Chiropractic Injury and Death

It’s estimated that about 20 million Americans visit a chiropractor each year. Most of them leave satisfied and in good health, but for years concerns have been raised about the safety of some chiropractic procedures.

In particular, the injury suffered by May, known as a vascular dissection, has been highlighted as a dangerous and sometimes fatal side effect of energetic chiropractic neck manipulations. The American Heart Association has officially cautioned against neck manipulation procedures since at least 2014 because of a potentially increased stroke risk, while other sources have determined that the risks outweigh the benefits, specifically because data is difficult to find on the true danger posed by these procedures.

The American Chiropractic Association counters that their practitioners are properly trained and that they perform procedures safely, but that all treatments pose some risk. They note that even commonly prescribed medicines, such as ibuprofen, present a risk of stroke to users.

 

Chiropractors and Medical Malpractice

Chiropractors might not be medical doctors, but they are trained and licensed healthcare practitioners. As such, they owe the same duty of care to their patients as any other healthcare professional.

When the mistreatment of a patient or the misapplication of a procedure causes an injury such as a stroke or—in extreme cases such as Katie May’s—death, that professional needs to be held accountable. An injured patient or her family would hold a doctor responsible for harming someone in their care, and chiropractors should be held to the same standard.

 

New York City Medical Malpractice Lawyers

If you or someone close to you has been injured by a procedure performed by a chiropractor or another healthcare professional, it’s important to pursue compensation to cover the costs of additional medical treatments, lost wages and income, and any unnecessary suffering caused by that injury.

Greenstein & Milbauer, LLP understands this kind of personal injury claim, and we’re ready to assist you. Call us today at 1-800-VICTIM2 (842-8462) or complete the form below to set up a free consultation to discuss your case.

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