Tennessee Injury Law Center

January 31, 2014

Driving While Drowsy – Dangerous and Deadly

According to the National Highway Traffic Safety Administration, more than 100,000 police-reported accidents each year are directly attributable to driver fatigue. And this figure is almost certainly low because some states do not have coding for fatigue or driver fell asleep and if fatigue is combined with another factor, such as alcohol use, it does not get coded at all, etc. Unbelievably, 41% of drivers have reported actually falling asleep at the wheel, and one in every six fatal car crashes is related to a drowsy driver.

While anyone who is sleep-deprived is at risk for a crash, certain groups are at higher risk. Those groups include: (1) drivers who suffer with untreated sleep apnea syndrome; (2) shift workers who work at night or irregular hours; (3) young drivers (ages 16 to 29) especially males. And, as this trucker will tell you, truck drivers definitely work at night and keep irregular hours. So it is not surprising that the Large Truck Crash Causation Study found that 13 percent of Commercial Motor Vehicle drivers were fatigued at the time of a crash.

Some drivers will try to combat fatigue by drinking caffeine, rolling the window down, turning up the radio or other tricks. But, the U.S. Department of Transportation warns that such tricks are not an alternative for rest and can actually produce a false sense of security.

January 30, 2014

Exciting News For Those Suffering From Peanut Allergy

by The Law Offices of John Day, P.C.

In Britain, researchers introduced small amounts of peanut flour into the diet of children suffering with peanut allergies. After six months of this therapy, more than 80 percent of the children could eat a handful of peanuts without experiencing a reaction. The peanut flour helped to build tolerance to the allergen. While this news is promising, researchers warn that parents should not try this therapy at home. The children who participated in this study were in a very controlled environment with doctors on the ready to respond to any reactions.

Peanut is the most prevalent of the various food allergies and the number of people developing the allergy is growing with about 1 in 50 children affected. Food allergies are responsible for more than 200,000 emergency room visits each year. Because of their inexperience in dealing with their allergy, children are at the greatest risk. Cross-contact must be carefully avoided and emergency response plans must be in place.

If you or a loved one has suffered a serious injury due to a food allergy, we encourage you to read more about food allergy cases.

January 28, 2014

Company Recalls Defective Pool Gates

by The Law Offices of John Day, P.C.

Nationwide Industries has recalled its Trident Pool Gate because the magnet which secures the gate can come loose resulting in the gate failing to latch. The United States Consumer Product Safety Commission has a picture of the pool gate latch and a full description of the product.

Pool gates are critical safety devices. They prevent unintended access of the pool by children or other at-risk individuals. For children ages 1 to 14, drowning is the second leading cause of death so preventing unintended access is a high priority.

If you own a pool with a latching pool gate, take a moment and make sure your gate is not affected by the recall. If you live in a residential complex with a community pool, call or email your property manager to make sure they are aware of the recall and have checked the gate. If you have a neighbor who has a private pool, do the same thing. This is especially true if you are the parent of young child.

January 22, 2014

You Got a Good Deal – But At What Cost?

by The Law Offices of John Day, P.C.

Who doesn’t love a good deal? At garage sales, consignment stores, Ebay, Craig’s List, yard sales and the like, shoppers can snap up gently used products for a fraction of what the item would cost new. But in some cases, the good deal is an illusion because the product has been recalled and actually poses a danger to you and your family. For instance, in 2013, there were 5 separate recalls for baby strollers. The risks associated with these recalled strollers ranged from strangulation and choking hazards to projectile and fall hazards. Needless to say, regardless of the price, these particular strollers were not a good deal.

The good news is you do not have to choose between safe and full price. Instead, before purchasing used items, take a few moments and run a quick search on www.saferproducts.gov. The site will give you recall and other technical information on the product you are contemplating purchasing. It will also give you some piece of mind.

As part of the purchase negotiations, ask for the owner’s manual to be provided with the product. And while I know that most people do not relish reading an owner’s manual, take the time to do so to ensure you use the product correctly. Trust me, if you are injured by the product, and a warning about the issue was detailed in the owner’s manual that you did not bother to read, your product liability claim is going to be undermined. Not to mention, by reading the owner’s manual, you can often pick up a few handy tidbits about the product that you might not have otherwise been aware.

January 21, 2014

More Cold Weather in Tennessee; More Heater Recalls

by The Law Offices of John Day, P.C.

Chapter Two of the cold snap in Middle Tennessee is here. Many folks will use space heaters to ward off the cold. If you do, check your make and model because the Consumer Product Safety Commission has announced Sears and Kmart have recalled 42,500 Kenmore oscillating fan heaters bearing model number 127.90914310. The model number can be found on a silver sticker on the bottom of the heater. The fans are being recalled due to reports of them smoking and catching fire. If you own one of these heaters, you should immediately discontinue use and return it to Kmart or Sears for a full refund.

Defective products are all too common. And when they harm innocent consumers, manufacturers should take all responsible steps including recalling the product and fairly compensating any injured customers for the harm caused by the defective product. Unfortunately, that rarely happens. So if you or a loved one has been seriously injured by a defective product and would like to discuss your product liability case, contact our award-winning attorneys online or call us at 615-742-4880 or toll-free at 866-812-8787 for a free, no-obligation consultation.

January 19, 2014

Tennessee Injury and Wrongful Death Verdicts in Nashville, Davidson County, Tennessee November 2013

by The Law Offices of John Day, P.C.

There were five jury trials in personal injury and wrongful death cases in Davidson County (Nashville) Tennessee during the month of November 2013.

Two of those cases were slip and fall calls, also known as "premises liability" cases. In one of those cases, the jury returned a verdict for the injured party for $450,000. In another case, the Davidson County jury returned a verdict for the person or company that was sued, finding that the injured party was 75% at fault in causing the accident. Under Tennessee law a finding of 50% or more fault on the part of the injured party means that the injured party can recover no monetary award whatsoever.

Two car accident cases were also tried by the jury and both resulted in a jury award for the injured party. In one case the jury awarded $45,000 and in the other case the jury awarded $198,849. No information is readily available about the injuries in these cases.

January 18, 2014

Train Safety: What is Taking so Long?

by The Law Offices of John Day, P.C.

We have already written a couple of posts about Positive Train Control, which the CEO of Metrolink described as “perhaps the most important safety innovation in our lifetime”. (The first article explained how Positive Train Control can prevent several types of deadly train accidents and the delays in implementing it. The second article discussed whether Positive Train Control could have prevented the recent New York commuter train derailment which killed 4 people and injured dozens more.) If you did not read those articles, here is the deal in a nutshell: Following a 2008 Metrolink train crash in California, legislation was passed to require Positive Train Control and the implementation deadline was 2015. But with that date looming, most railroad companies are claiming they can’t meet the deadline.

Now, here is the latest. Following that same 2008 train crash, the National Transportation Safety Board began pushing the Railroad Administration to install cameras in train cabs to record drivers. The thought being this would deter dangerous behavior like texting while operating the train, sleeping, etc. Additional cameras would face outward to record the tracks for hazards. And, in the event of a crash, both sets of cameras would help investigators determine the cause of the accident. But to date, the Railroad Administration has not even proposed a rule (the first step in the process) to make the installation of these cameras mandatory.

Following the New York commuter train accident in December, two United States senators have publicly called out the Railroad Administration for its delay in implementing the rule. And now, finally, the Railroad Administration says they will move on the rule sometime later this year.

January 15, 2014

Apparently, Crime Does Pay. And, It Takes Cruises.

by The Law Offices of John Day, P.C.

Under a 2010 law, cruise lines are required to report to the FBI allegations of only eight serious crimes including homicide, suspicious death, missing U.S. national, theft of money or property in excess of $10,000, kidnapping, certain sexual offenses, assault with serious bodily injury, firing or tampering with the vessel. There are two problems with the law: (1) lots of other crimes that might deter prospective passengers from traveling with a particular cruise ship are not included in the reporting requirements; (2) the statistics on the reportable crimes are only published by the Coast Guard after the investigation is closed, which is often months and years after the crime occurred. In fact, according to the Government Accountability Office, the release of data is so slow that only 81 cases of 287 reported crimes were actually made public from 2010-2013.

So if you are going to take a cruise, here are a few steps you should take:

1. Six cruise lines post online statistics about the serious crimes on their vessels. Of course, self-reporting is often skewed and the statistics are only for serious crimes, but it is a least another source of information to be used in conjunction with those provided by the Coast Guard;

January 13, 2014

Two Reasons Why There Were Fewer Crash-Related Deaths on Tennessee Roadways in 2013

by The Law Offices of John Day, P.C.

While the numbers are only preliminary, the Tennessee Department of Safety has released the statistics on crash fatalities for Tennessee in 2013. The news is wonderful: traffic fatalities dropped from 1015 in 2012 to 988 in 2013. That is 27 families who did not suffer the pain and turmoil of losing a family member in a car accident.

The Commissioner for the Tennessee Department of Safety believes the improvement is related to stronger enforcement of seatbelt violations and DUI laws. State troopers issued 74,277 seat belt and child restraint citations in 2013, which is a 135.1 percent increase since 2010. Seatbelt enforcement is critical as unbelted occupants were 48.9 percent of the fatalities in 2013.

Similarly, Tennessee state troopers arrested 6,428 motorists for DUI in 2013, which is 90.4 per cent increase since 2010. In 2013, preliminary numbers reveal 211 people were killed in alcohol-related crashes in Tennessee.

January 1, 2014

Space Heater Safety

by The Law Offices of John Day, P.C.

After seventy-degree days and tornado warnings, we have finally hit a patch of chilly temperatures. And so, many folks will use space heaters to ward off the cold. If you use a space heater, here are some facts you should know (as published by the National Fire Protection Association):

Half of all home heating fires take place in December, January and February
One-third of home heating fire are caused by space heaters (stationary or portable)
Eighty-one percent of all home-heating deaths are caused by space heaters.

If you use a space heater, here are some steps use should take to ensure the safety of you and your family:

Follow the manufacturer’s recommendations about proper use.
Keep the heater at least three feet away from fabrics such as drapes and bedding. The same rule applies to furniture and other combustible items
Do not allow pets or children to be near space heaters.
Do not leave a space heater on while you sleep or if you are not in the immediate area.
Only use a space heater on a hard, non-flammable, level floor.
Only use kerosene (not gasoline) in a kerosene space heater.
Use a space heater that has been tested to the most current standards.
Ensure all smoke and carbon monoxide detectors have good batteries and are functioning properly.

If defective, space heaters can cause serious burn injuries, wrongful death and significant property damage. If you or a loved one has been injured due to a defective space heater, our award-winning lawyers are experienced with product liability claims and would be happy to sit down with you, review your case and explain your rights. To schedule a free, no-obligation consultation, contact us online or call us at 615-742-4880 or toll-free at 866-812-8787