February 2012 Archives

Are Electronic Cigarettes Dangerous Products?

February 23, 2012

I recently read an article where an electronic cigarette exploded in a Florida man's mouth, causing him to suffer severe burns and permanent disfigurement to his face and mouth. The gentleman lost some of his front teeth, lost a part of his tongue and sustained burns to his face. Results of the Fire Department's investigation showed that the electronic cigarette's battery flew out of the tube during the explosion and caused the closet, carpet and other furniture in the room to catch on fire. Firefighters described the event as someone trying to hold a bottle rocket in their mouth when it goes off! The exact cause of the explosion remains unknown; however, the battery is the main culprit fire officials are looking to.

Inherently, our laws protect consumers from injuries caused by products and hold manufacturers, distributors and retailers (who make millions of products available to the consumer public each year) responsible for the injuries their products cause. When you are injured by a product due to either a manufacturing or design defect or a failure to provide adequate warning for a product you can bring a products liability claim against the manufacturer, distributor or retailer responsible. In a products liability case, the responsibility lies with the party who can most effectively reduce the hazard of the product before it reaches the marketplace. This is because manufacturers can better anticipate hazards associated with their products and guard against these hazardous conditions than consumers can.

Manufacturing defects are those that occur in the manufacturing process and usually involve poor-quality materials. Design defects occur where the product design is inherently dangerous no matter how carefully the product is manufactured. Failure-to-warn defects arise in products that have hidden dangers that could be avoided through adequate warnings to the consumer. For any of these defective conditions, companies are held to a standard to fix any defects prior to placing their product in the marketplace. This is the cost for these companies to do business. More information is required as to what went wrong with the battery in the Florida man's electronic cigarette, however, it appears he may have a claim under any of the three (3) theories.

Many who sustain an injury as a result of a defective product, such as this Florida man, suffer severe consequences and are entitled to recovery for their medical bills, permanent disfigurement, lost wages, pain, suffering, inconvenience and mental anguish. If you have been hurt due to a product put on the marketplace notwithstanding a manufacturing defect, a design defect or an inadequate consumer warning you should contact a skilled products liability attorney to consult with on your case so they can assist you in navigating through the claims process with the at-fault company and their insurer.

This blog post was written by Maryland and Washington DC accident lawyer Chamille Kittles. Price Benowitz LLP is a full service law firm with offices across DC, Maryland, and Virginia. In addition to Ms. Kittles, the firm's personal injury team includes Rabihah Scott and Virginia accident lawyer Thomas Soldan.

Pedestrian Accidents and the Right of Way

February 16, 2012

One of the most misunderstood concepts of law is the right of way granted to pedestrians. It's not something we learn as kids, but our parents do give us the basic about crossing streets and things of that nature. When I first learned to drive, my entire graduating class was in Driver's Education Class during the first semester of our junior year. Some of us took the class very seriously. Others could care less about the rules and were more concerned about how long it would take to pass the test and start driving. I remember the last day of class after we each passed and got a learner's permit, the teacher said, "remember to yield to the right of way and be safe". That stuck with me. I felt I had to be responsible.

I have always been a cautious and careful driver, but I was never quite clear on which variation of yield to the right of way for pedestrians I should follow. I was always conservative and stopped whenever possible. As I got into driving and read up on the actual law about the pedestrian's right of way, I was amazed. Clearly there are crosswalks and stops signs where pedestrians are expected to cross. In situations where there is a crosswalk or other traffic control device, there is an absolute obligation to yield to the pedestrians that are safely crossing the street.

With all that being said, we live in a society where people are consumed with personal convenience and a sense of entitlement. Many people walk around texting, listening to music, and not paying attention to the things going on around them. Although they are not operating 2000 pound machines, they are interacting with them (and often in a scary and dangerous way). Pedestrians tend to forget that they are also obligated to follow the rules of the road.

As I walk around the Nation's Capitol, I see so many people crossing against the direction of the light. I see people darting out from in between parked cars because they didn't want to walk ten feet to the corner and the crosswalk. These very same people also believe that they have the absolute right of way. By absolute right of way, these pedestrians believe that should a car hit them because the car could not stop on a dime, the driver will be liable for their damages.

Realistically, both drivers and pedestrians have to share the road. In order to do this properly everyone has to follow the rules of the road. Pedestrians do have the right of way when traffic control devices indicate that they can cross. Drivers need to pay attention to these signs and obey them as they travel. If everyone would pay attention and follow one simple rule, there would be a few less traffic accident and fewer injured people.

If you or a loved one followed the rules and were hurt, call an experienced car accident attorney to examine your legal rights.

This blog post was written by Maryland and Washington DC Accident Lawyer Rabihah Scott. Price Benowitz LLP is a full service law firm with personal injury and criminal defense practice groups. The firm also has a Virginia accident lawyer, Thomas Soldan, who represents clients in northern Virginia.

Workplace Accidents and Injuries

February 8, 2012

It has become my daily practice to surf the net scouring for knowledge and interesting tidbits. I love knowing random things. This quest for knowledge often leads me to interesting stories. It leads me to pieces that make me laugh and feel good. On other occasions, I read shocking events and I am mortified that such tragedies could occur. When I read these stories I shake my head and think that clearly some people are a lot more malicious and maniacal than the villains in the cartoons and movies that I allow my son to watch.

Today I read such a story. Some of my friends even acknowledged that they changed their opinion of Apple after reading this story. I decided I needed to know what they were talking about. As I read the story, I learned about the fire. I learned about people that suffered burns on their face because of a fire in the plant where they worked. I also learned about three workers who lost their lives by doing the right thing and working for the things they wanted. In reading the editorial pieces, blame was placed on greed and consumerism. Much to my dismay, I also read opinions like "I don't care if the factory is unsafe, they choose to work there and I want my Ipod cheap." The basic arguments were about consumer greed, free will and free market. I also began to think legally and critically about the situation. I thought about where the blame lies and what would happen to the family. I realize that this was not an American situation, but I pondered how American law would handle it.

My mentor used to say she started in Personal Injury and Worker's Compensation because she realized people are not computers. If they break, you cannot throw them away. You have to take the time to fix them, to make them whole again. In American jurisprudence this means you have to start by assigning fault and damages. The fault says who picks up the bar tab at the end of the night and the damages say how much each person has to pay. In cases where there is a death determining liability would lead to the decision that the bill is to be split between among the builder, the management, and the owner. Those three entities are charged with making sure the facility is safe. No employee goes to work with a building inspector, nor should they have to. The people who are responsible for the building need to make it safe and provide adequate protections.

The bad guys are not always easy to spot in real life. The villainy of a corporation should not come at the cost of an individual's life. If you or your loved one has been hurt and a corporation is at fault, contact an attorney to understand your rights.

This blog post was written by Rabihah Scott. The personal injury practice group of Price Benowitz LLP has offices in DC, Baltimore, Rockville and Ellicott City. The firm also has offices in Fairfax, Leesburg, and Warrenton that are staffed by Thomas Soldan.