Articles Posted in Product Liability

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If you have Googled “How to Win an Accident Case” or “How Much Can I Sue for in an Accident Case” or “How to File an Accident Lawsuit” or anything similar to these types of searches, please proceed with extreme caution.  If you were in an accident with very minor, fully resolved injuries (like your neck was a little sore for a couple of days and without any medical intervention it completely improved), you do not need a lawyer.  But anything beyond that, you really should, at a minimum, consult an injury lawyer.  Now let us tell you why. Continue reading

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March 7th through the 13th is the National Highway Traffic Safety Administration’s (NHTSA) National Vehicle Safety Recall Week.  Since 1966, when NHTSA was given the authority, the agency has recalled almost 400 million cars, trucks, buses, RVs, motorcycles and mopeds.  In addition, the NHTSA has recalled more than 46 million tires, 66 million pieces of motor vehicle equipment, and 42 million car seats due to safety defects. Do you know how this federal agency decides a recall is warranted?  Do you know how the safety recalls work?  Do you know how to make sure you receive notice of a safety recall?

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In 2017, Michel Roccati was involved in a motorcycle accident.  His spinal cord was completely severed and he was rendered paraplegic.  Recently, doctors implanted an electrode in his spine and he is now able to walk again, and not just a few steps with lots of assistance, but a mile with a simple rolling walker.  This could be a game-changer for people who suffer paraplegic and quadriplegic injuries in car, motorcycle, truck and other types of accidents.  In the meantime, how could this change the lawsuits and recoveries arising from those accidents? Continue reading

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In California, a man has been charged with two counts of vehicular manslaughter after his car left the freeway at a high rate of speed, ran a red-light and struck another vehicle killing two people. After the accident, the National Highway Traffic Safety Administration (NHTSA) confirmed that Autopilot was in use in the Tesla at the time of the crash.   The NHTSA has categorized these types of crashes as “automation complacency”.  This raises the questions of: why are drivers being complacent and who is to blame? Continue reading

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Last week, author Seth Godin wrote a blog post about good and bad accidents and, to be honest, we keep thinking about it.  Perhaps Seth’s article has stuck with us because at the Law Offices of John Day, our award-winning lawyers see bad accidents and their lasting aftermath every single day.   Quite frankly, it can get you down.  Needless injuries and deaths caused by carelessness can be hard to stomach day in and day out.  So what keeps us going?  Good fortune.  Or as Seth put it, good accidents.  In follow-up to Thanksgiving, we thought we would share some with you. Continue reading

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November 4, 2021 is National Use Your Common Sense Day.  Yes, we are serious.  Our only problem with this particular national observance is that it is limited to only a day.  Quite frankly, and I think most of you will agree, it should be Use Your Common Sense Day every single day.  At the Law Offices of John Day, we see the results of failing to use common sense so we have some suggestions on where people might want to concentrate their efforts. We encourage you to join us in our little rant and add your lack-of-common-sense pet peeve in the comments. So here we go, this is our list: Continue reading

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If you are operating your car, truck or SUV using technology that both helps you stay in your lane and adaptive cruise control or other Level 2 Advanced Driver Assistance Systems (ADAS), then a recent order by the National Highway Traffic Safety Administration (NHTSA) requires the vehicle’s operator and others to report certain crashes to the NHTSA.  The purpose of this  General Standing Order from the NHTSA is to more closely track advanced driver safety systems and the safety issues surrounding them.  Read on to learn more about when the duty to report is implicated.

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The rising death toll and enormous property loss arising from the collapse of the Champlain Towers South Condominium building near Miami, Florida will give rise to litigation.  Families of those who die in the tragedy will file suit, hoping to find answers and obtain compensation for the loss of loved ones.  Injured people will also take legal action, seeking money to pay medical bills, replace lost income, and lost property.  The insurance companies who sold homeowner’s insurance to the condo owners will also file suit, seeking reimbursement of the losses they will pay to their insureds.    Continue reading

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A recent New York Times article discussed how the health care industry was attempting to teach medical professionals the art of “radical listening”.   What is radical listening?   And why is it so important especially for professionals like doctors and lawyers. Continue reading

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Let’s face it, the pandemic is leaving an indelible mark on almost everything, so there is no reason to believe jury awards in injury and death cases will be any different.  Jury and trial consulting firms have been conducting surveys since the inception of the pandemic and they have some theories on how the pandemic will affect the amount of jury awards, how it will impact medical malpractice cases and whether it will generally be better for the defendant or the injury victim.

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