Philadelphia Injury Lawyer Blog

Philadelphia personal injury attorneys are calling it a bizarre case of deja vu. Toyota Motor Corp. has just announced a recall of 2.17 Toyota and Lexus vehicles sold in the U.S., warning that carpeting and floor mat flaws could jam vehicle gas pedals and result in serious personal injury car accidents. Last month Toyota recalled 1.7 million vehicles, mostly in Japan but including Lexus luxury models sold in the U.S., for defects that could cause fuel leaks. This newest recall comes exactly one year after Toyota company president Akio Toyoda testified before Congress in the wake of a massive 2009 vehicle recall for a disturbingly similar problem. The new recall expands Toyota's November 2009 recall to fix shifting floor mats that could jam under pedals.

While Toyota's woes seem to be leading the news, most vehicle manufacturers are forced to issue recalls from time to time to correct potentially dangerous flaws. Last month, Ford Motor Co. recalled 425,000 Windstar minivans in midwestern and northern states to correct faulty subframe mounting brackets. That recall was sparked by 7 vehicle accidents that occurred when mounting brackets separated from the frame of the car. Last month, General Motors expanded a December recall of Cadillac, Chevrolet and GMC pickup trucks and SUVs for a rear axle problem that could cause the axle to lock and drivers to lose control of the vehicle.

Fuel leaks, faulty breaks, steering problems, stalling and design flaws -- all with the potential to cause serious personal injury accidents and even death -- result in major vehicle recalls in Philadelphia and across the U.S. every year. In 2010, motor vehicle complaints topped the list of most frequent consumer complaints received by state and federal reporting agencies. In 2010, the National Highway Traffic Safety Administration (NHTSA) reported receiving more than 64,000 vehicle complaints, nearly double the 35,000 complaints typical of the past few years.

Thousands of Philadelphia residents walk for leisure or to and from work every day. Millions of pedestrians around the country walk while counting on the safe construction of public and private sidewalks, curbs, and paths. According to Philadelphia personal injury lawyers curbs and public sidewalks are responsible for some of the many slip and fall accidents that cause personal injury each year.

When it comes to curbs, experts find that height makes a significant difference when it comes to public safety. The Pennsylvania Superior Court has recently held that “even a one inch high walkway defect may create liability when it spans multiple feet.” Philadelphia personal injury lawyers report that they have seen many injuries that have come as the result of falls on surface areas like sidewalks and curbs. Injuries can range from minor personal injuries to catastrophic, resulting in paralysis and even death.

These slip and fall injuries can occur on private or public property, and it’s important to find out who is liable. In the recent case of Melchiorre v. Lord’s Valley Xtra Mart, the Pennsylvania Superior Court decided that “although many property owners may not be responsible for extremely small irregularities on pedestrian surface and although no mathematical guideline for triviality exists, the Court will consider the length and general condition of the wider surface area. In this case, the victim’s injuries resulted from a concrete pad surrounding the pumps at a gas station. The Plaintiff, Melchiorre tripped over the pad sustaining permanent injuries. He then filed a suit for negligence. The Court of Common Pleas in Pike County awarded summary judgment to the owners of the property based on the “trivial defect” doctrine.

If you have been involved in a slip and fall accident, contact a Philadelphia slip and fall lawyer to find out about your rights. The new law that requires courts to look closer at several feet of surface area could help your case. Knowing whether or not a property owner is liable for your injuries is important.

Hoping to beef up Pennsylvania's driver safety laws, State Representative Josh Shapiro recently introduced a bill (H.B. 330) that would ban the use of handheld cell phones for talking or texting while operating a motor vehicle on Pennsylvania roadways. If passed, the bill would also prohibit junior drivers from using both hands-free and handheld devices while driving, as well as increase the number of educational hours required to obtain a junior driver's license and limit the number of passengers in vehicles driven by junior drivers. Endorsed by 65 bipartisan cosponsors, highway safety experts hope the bill will pass this time around. A similar bill failed last year.

Legal efforts to prohibit cell phone use and particularly text messaging while driving are supported by Philadelphia personal injury lawyers, law enforcement officers and highway safety experts across the state. Since 2003, Pennsylvania Department of Transportation statistics indicate that cell phone use has been a contributing factor in 6,877 traffic accidents in Pennsylvania at a cost to taxpayers of $136 million.

According to a National Safety Council study released last week, 28% of all traffic accidents nationwide are caused by cell phone use or texting. Nationally, 1.4 million auto accidents each year are caused by distracted drivers talking on cell phones and 200,000 accidents are caused by texting drivers. A distracted driver talking on a cell phone or trying to read or send a text message is 3 to 4 times more likely to be involved in a traffic accident. Comparative studies have shown that driving while talking or texting is the equivalent of driving drunk. While most state laws on the issue only prohibit handheld devices but allow hands-free devices such as BlueTooth receivers, the Washington Post recently reported that 120 studies have shown that using a hands-free device is as distracting to drivers as using a handheld cell phone.

Today we continue our February 8, 2011 post on food recalls.

A recent recall of salad products in Philadelphia highlighted the increasing personal injury risk posed by contaminated food products in the U.S. According to the Food and Drug Administration (FDA), the number of contaminated food incidents has tripled over the past 20 years to 350 incidents annually. Last year, Philadelphia personal injury lawyers noted, contaminated salad greens, ground beef and eggs prompted massive food product recalls, caused broad-spread illness and several wrongful deaths. A number of grocery chains implemented more-stringent food-safety requirements than those imposed by the government and began conducting independent food safety tests.

Public hew and cry over the number of food safety problems last year put pressure on Congress which overhauled the federal food-safety system for the first time since the 1930s. The $1.4 billion bill signed by President Obama emphasizes preventative measures geared to stop contaminated foods from reaching stores. The new law, for the first time, gives the FDA the authority to issue mandatory food recalls, mandates increased inspections of food-processing facilities, and places responsibility on food producers and suppliers to implement procedures to protect the safety of the food chain. While the law does not affect meat, poultry and certain egg products, which are regulated by the U.S. Department of Agriculture, it does affect 80% of America's food supply.

Concern about the increasing incidence of food-bourne illness has also led to these interesting developments:

> Some grocers are using loyalty cards to locate and alert consumers who have purchased recalled products. Federal investigators are also using card data to track contaminated food outbreaks and were able to pinpoint the source of a salmonella contamination last summer using card data.

> Some egg farms are beginning to inject their poultry with a salmonella vaccine that prevents hens from passing the bacteria to their eggs. Mandated poultry vaccination in the United Kingdom has made Britain's egg supply one of the safest in the world.

Update: Firefighters now report 5 people killed by the tragic Allentown, PA gas explosion reported below. An 83-year-old gas pipe is being cited as the most likely cause of the Wednesday night explosion and fire.

A natural gas leak is the suspected cause of a deadly explosion and fire in Allentown, Pennsylvania late Wednesday night that killed at least one person and leveled several homes. Numerous people suffered burns and other personal injuries and were transported to the hospital. According to news reports, 5 people were still unaccounted for early this morning. Allentown firefighters continued to search through the rubble of several homes that were flattened by the blast. (Click here to watch a Reuters news service film clip of last night's fiery scene.)

Echoing the scene of a January Philadelphia gas main explosion that killed one and injured 6 other people, last night's explosion sent hundreds of frightened residents fleeing into the street as rescue workers evacuated near-by apartment buildings. The explosion appeared to have originated in a group of rowhouses. At least 2 rowhouses were reduced to rubble by the blast and another 6 rowhouses were severely damaged by fire.

A UGI Utilities spokesman told reporters that the 12-inch gas main that serves the neighborhood had no history of leaks and reported that no complaints of gas odor had been received. The Philadelphia gas explosion is still being investigated; but faulty pipe welds were found to be the cause of a similar California gas explosion last September that killed 8 people and destroyed 40 homes.

Investigations into gas main explosions are lengthy and involve multiple local, state and federal agencies. Burn victims suffer excruciating injuries that can take months to heal and may necessitate multiple skin grafts, lengthy treatment and additional months of rehabilitation. If you are the victim of a gas explosion or fire, contact a Philadelphia personal injury lawyer immediately for a free case review.

Next time: Part 2 of our discussion on food-borne illness

Salad products in Philadelphia and along the East Coast were recently recalled after listeria contamination was discovered in salad greens processed at a State Garden, Inc. facility in Rhode Island. The recall affects prepackaged salads with a use by date of January 15, 2011 that were sold at Wegmans, Giant, Shop & Stop, Shaw's and other major grocery store chains. Potentially contaminated salads products, packaged both in bags and ready-to-eat plastic clamshells, were sold under the brand names Gold Quality, Hannaford, Nature's Place, Nature's Promise, Roche Bros, Northeast Fresh, Noreast Fresh, Olivia's Organics, Signature and Wegmans.

While no food poisoning cases were reported in connection with this most recent food recall, Philadelphia personal injury lawyers note that food-borne pathogens sicken 48 million people in Philadelphia and across the country every year. According to the Centers for Disease Control and Prevention (CDC), food-borne bacteria sicken 1 in 6 Americans annually. Every year 3,000 Americans die from food-borne illness and another 180,000 are hospitalized.

Listeria-contaminated celery from the San Antonio, Texas SanGar Produce & Processing Co. plant was linked to four deaths in October. Last summer, discovery of listeria and E. coli in its prepared salad mixes forced Fresh Express to recall more than half a million salad products nationwide. Listeria can cause high fever, severe headaches, nausea, diarrhea, stomach pain and life-threatening infections in young children, the elderly and people with weak immune systems. E. coli, one of the common food contamination bacteria, can cause severe abdominal cramping, diarrhea, nausea, lethargy, dehydration and, like listeria, can be life-threatening, particularly to the very young and old and anyone with a weak immune system.

Next time: What's being done to solve the problem

"Fans don't let fans drive drunk" is the message being advertised by the Pennsylvania Driving Under the Influence Association and other safe driving groups as the countdown to Sunday's Super Bowl moves into its final hours. As the mash-up between the Pittsburg Steelers and Green Bay Packers nears, football fans from Pittsburgh to Philadelphia are stocking up on beer and nachos in preparation for some major Super Bowl parties. Some fans are planning to gather early and start partying during the pre-game shows. Unfortunately, when fans party hardy, drunk driving causes a surge in personal injury auto accidents, warn Philadelphia personal injury lawyers. Before gathering to cheer on the home team, Philly football fans should choose a designated driver to make sure everyone gets home safely.

More alcohol-related accidents, personal injuries and fatalities occur on Super Bowl Sunday than on any other day of the year with the exception of New Year's. According to Mothers Against Drunk Driving (MADD) more than two-thirds of Super Bowl Sunday traffic fatalities involve drunk drivers. A study conducted by the University of Minnesota found that 1 in 12 fans leave a sporting event with blood alcohol levels above the legal limit.

Football fans can expect Philadelphia police to be out in force on Sunday in an attempt to force drunk drivers off the streets and prevent personal injury car accidents. DUI arrests spike in Philadelphia and across the country on Super Bowl Sunday. To prevent becoming a traffic fatality statistic, the Pennsylvania Driving Under the Influence Association recommends:
-- Choose a designated driver before leaving for a Super Bowl party.
-- Give designated drivers premium parking spots so their cars will be easily accessible when the party ends.
-- Provide designated drivers a prime viewing spot and make sure you stock plenty of their favorite non-alcoholic beverages.
-- Thank designated drivers for ensuring everyone's safety.

In what Philadelphia personal injury lawyers say is one of the more bizarre personal injury cases, an olive pit resulted in a $150,000 personal injury lawsuit against a sandwich maker. What makes the recently-settled case so unusual is that the olive pit was in a sandwich wrap purchased by Ohio Representative Dennis Kucinich from a cafeteria in a House of Representatives office building. Philadelphia personal injury attorneys note that the congressman's experience provides an excellent example of how a seemingly small injury can wind up costing tens of thousands of dollars and lead to months of pain.

The unusual personal injury saga began 3 years ago when the Capitol's most prominent vegan ran afoul of an unpitted olive when he bit into his lunch. The olive pit cracked the congressman's tooth in half, splitting it into the bone. When the tooth and surrounding bone became infected, a bad reaction to antibiotics sent Kucinich to the emergency room with an intestinal obstruction.

But the congressman's trials were just beginning. The damaged tooth had to be extracted and a replacement tooth implanted. The first implant failed and the procedure had to be repeated. Because the damaged tooth had anchored Kucinich's bridgework, the bridgework had to be rebuilt, necessitating the replacement of 5 additional teeth. For months the congressman said he was unable to eat properly or enjoy food.

Kucinich had no dental insurance and his medical policy did not cover dental expenses. Out-of-pocket for a significant sum, Kucinich filed a personal injury lawsuit against the sandwich maker in the amount of $150,000 for pain and suffering and "loss of enjoyment." The suit was recently settled out of court for an unspecified amount.

The congressman's experience is a cautionary tale in how a small incident can mushroom into a major problem. If you are hurt in an accident of any kind, don't shrug it off; consult a Philadelphia personal injury attorney to protect yourself.