McCartney Stucky LLC

McCartney Stucky Obtains $4.3 Million Dollar Verdict in Case Against BMW

Tue, 20 Feb 2024 15:05:00 GMT

On Monday January 22, 2024, an Ulster County jury returned a verdict in favor of an injured individual represented by McCartney Stucky attorneys Terry McCartney, Austin Osborn and Rhett Wallace along with Joel Robinson from the New York City firm Robinson Yablon Cooper & Bonfante. The injured plaintiff suffered a severe left eye injury in a single car accident that ultimately led to the removal of his injured eye. Following the crash, McCartney Stucky filed a product liability case against BMW alleging that the driver’s side airbag in the vehicle was defective and caused the plaintiff’s severe eye injury. After a two week trial, the Ulster County jury who heard the case agreed that the BMW airbag was defective and awarded the injured plaintiff $4.3 million in damages.

The McCartney Stucky team is proud to represent individuals in their fight against corporations that make defective products and to help them recover for the injuries they suffer because of those products. We hope that this verdict will make a significant difference in our client’s life, it was an honor representing him in this case.

If you or a family member has been injured or killed in a crash or incident involving a vehicle, an industrial machine, a household product or workplace equipment and you think the product may have contributed to your injuries, we encourage you to contact the team at McCartney Stucky as soon as possible for a free consultation.

Call us at: (914) 305-5555

Cabover Delivery Truck Safety Issues and Legal Remedies

Fri, 30 Sep 2022 01:41:00 GMT

As lawyers handling truck accidents, we often get asked questions about cabover delivery trucks or low cab forward trucks. Unless you’re a driver, you may not know these trucks by name – but you have almost certainly seen them on the road either on the highway or in town. While they do come with some advantages, they can also be very dangerous in the event of a crash. Read on to learn what a cabover engine truck is, how safe they are, and what to do if you are injured while operating a cabover or low cab forward truck.

What is a cabover truck?

Cabover trucks refer to a truck body-style or design where the cab (passenger area) is positioned directly above the engine & front axle. They are also called cab forward and, descriptively, flat face/front trucks because they do not have a hood & engine compartment in front of the driver.

Cabover trucks can be manufactured at multiple Gross Vehicle Weight Rating (GVWR) categories, from light to heavy-duty. However, heavy cabover or flat face semi-trucks are much less common in the United States than they were in the past. These days, you are much more likely to see a light- or medium-duty cab forward or cabover engine box truck making shorter trips in local or more congested areas.

Cabover Trucks vs Conventional Semi-trucks

When most people think of truck drivers, they picture them driving conventional class 8 trucks with long-nosed hoods and 18 wheels. However, commercial vehicles come in many sizes and configurations.

The size of trucks is often designated by a class that is based on the vehicle’s gross vehicle weight rating (GVWR). There are three categories of commercial trucks within the class system: light-duty trucks (classes 1, 2 and 3), medium-duty trucks (classes 4, 5 and 6) and heavy-duty trucks (classes 7 and 8).

Within those classes, there are two primary body styles for commercial trucks, conventional and cabover engine. Conventional trucks have a long nose and a traditional engine compartment, while cabover engine trucks have a flat nose and the cab sits on top of the engine and front steer axle.

Cabover engine trucks first gained popularity in the United States in the mid 1950s as heavy-duty trucks. Manufacturers such as International, Kenworth, Peterbilt and GMC pushed these trucks as a solution to newly implemented state restrictions on the overall length of the truck and trailer. The lack of a traditional engine compartment allowed the trucks to meet length restrictions without sacrificing trailer space.

What happened to cabover trucks?

By the mid-1970s the length restrictions were changed such that conventional trucks regained the lion’s share of the heavy-duty truck market. Yet, as the demand for heavy-duty cabover engine trucks waned, manufacturers like Isuzu, Hino and Mitsubishi recognized a market for light and medium-duty cabover engine trucks to be used as local and short trip delivery vehicles.

What is a low cab forward truck?

Light or medium-duty cabover trucks are sometimes also referred to as “low cab forward” trucks. The manufacturers championed the small turning radius and maneuverability of these vehicles in tight urban or loading dock situations while still being large enough to haul significant loads. As a result, light and medium-duty cabover engine trucks became very popular with companies making local deliveries and other service providers such as landscapers, plumbers and HVAC professionals. You have undoubtedly driven by hundreds of these trucks in your neighborhoods and city streets. You probably didn’t realize that they are incredibly unsafe.

Cabover Truck Manufacturers

Light & Medium-duty | Cab Forward | Cabover Box Trucks

Isuzu
Hino
Mitsubishi-Fuso
Chevrolet
Ford
Hyundai
Iveco
Mazda
Nissan
Renault
Scania
Toyota

Heavy-duty | Cabover Semi-Trucks

Heavy-duty cabover trucks are rarely built for use in the United States (although some are built here for use elsewhere). If you see a historic cabover semi-truck, or remember one from your past, it may have been manufactured by one of the following:

International
Kenworth
Peterbilt
Freightliner
GMC
Ford
Diamond Reo

Cabover Engine Truck Advantages & Benefits

As outlined above, manufacturers of these vehicles tout their small turning radius and maneuverability in tight urban or loading dock situations. That coupled with the truck’s capability to haul significant loads has made light and medium duty cabover engine trucks popular in many industries. Drivers of these trucks also notice the increased visibility that comes from lacking a long hood.

These trucks are often used by local or short haul delivery companies, junk hauling companies, landscaping crews, and trade professionals such as HVAC technicians, plumbers and electricians. These trucks can even be used as moving trucks for short haul moving. Cab forward trucks are being utilized in a variety of industries, in part because they carry a smaller price tag than a larger heavy duty conventional truck, but also because they are easier to maneuver around neighborhood and city streets.

Are cabover trucks safe?

Cabover trucks are particularly unsafe in frontal collisions. By design, cabover trucks lack the “crumple zone” in the engine compartment & hood, which can result in serious injuries for cabover truck drivers & passengers.

While conventional heavy and medium-duty trucks have countless crashworthiness problems, the conventional configuration does include some front-end structure, namely the engine compartment, that functions as a “crumple zone” that helps to absorb the forces in a frontal collision. These structures are certainly not perfect, as they can be damaged and cause other consequences such as post collision fires and loss of steering control. However, the front structures between the cab and the front bumper can prevent the frontal collision damage from intruding into the occupant compartment.

The same cannot be said for cabover engine or low cab forward trucks. When cabover engine trucks are involved in frontal collisions in the U.S., the damage to the front end and occupant compartment is staggering. There is simply very little protective structure in the front end of a cabover engine truck, certainly nothing that could be called a “crumple zone.” As a result, cabover engine truck occupants frequently suffer fatal or severe crush and amputation injuries to their legs.

Common Cabover Engine Accident Injuries

Due to the minimal front structure of cabover or low cab forward trucks, operators typically suffer severe injuries to their legs. Common injuries include severe orthopedic injuries such as crush fractures to the feet, ankles, tibia, fibula and even the femur. Injuries can also include crush damage to operators’ lower legs that result in the need for amputation or can even cause severe blood loss that leads to death.

What should I do if I was hurt in a crash involving a cabover engine truck?

Cabover engine trucks may no longer be as prevalent on the highways where typical semi-truck crashes occur. Yet, local delivery drivers across the country are exposed to the significant dangers of these trucks every day. The resulting injuries could be avoided and should be prevented in part through additional safety measures by the truck manufacturers.

If you or someone you know was involved in a collision while operating a light or medium duty cabover engine truck, and suffered injuries, those injuries could be the result of a defect in the truck’s design or manufacture. You need a lawyer that can investigate the crash, determine what caused your injuries and hold the truck manufacturer accountable.

Cabover Truck Accident Attorneys

McCartney Stucky has successfully handled many cabover engine truck accident cases. We are deeply familiar with the manufacturers, safety issues and the alternative designs that could prevent the injuries suffered in cabover truck collisions. If you were injured, it’s important you contact an attorney with experience in defective heavy truck cases . Our team of lawyers is available and ready to listen to your story and help you pursue any claims that you may have as a result of injuries suffered in a cabover engine truck. Please reach out to us by phone at 816-994-4040 or 914-305-5555. You can also contact us online to schedule a consultation .

KCMBA Honors Austin Osborn

Wed, 22 Dec 2021 22:33:00 GMT

Chris Stucky

https://online.fliphtml5.com/mdwhq/pyxd/#p=1

Partner Terrence McCartney Selected to Irish Legal 100

Tue, 16 Mar 2021 22:12:00 GMT

McCartney Stucky is pleased to announce that partner and founding member Terrence McCartney was recently honored as a member of the 2020 Irish Legal 100. The Irish Legal 100 is comprised of some of the most accomplished and distinguished lawyers of Irish descent from all across America.

The full list of honorees can be found in the digital edition of the Irish Legal 100 linked below.

https://www.irishlegal100.com/digital-editions

Happy St. Patrick’s Day from all of us at McCartney Stucky!

Injured by a Product Purchased on Amazon?

Mon, 21 Dec 2020 22:16:00 GMT

New York Court Holds Amazon is Subject to Strict Product Liability

By: Austin T. Osborn

“Can I get that on Amazon?” “Is that on Prime?” “I’m sure I can find it on Amazon.” These phrases and ones like it are commonplace in today’s world. Amazon, the e-commerce giant, delivers countless consumer products to millions of people across the world every day. But what happens when a product Amazon sells on their marketplace injures a consumer and is found to be defective. The specific elements of product liability actions vary across the country but in New York strict liability is imposed not on just those that design and manufacture products but also those in the chain of distribution. “[S]uch sellers due to their continuing relationship with the manufactures, are usually in a position to exert pressure for the improved safety of products…” Finnerty v. Abex Corp., 27 N.Y.3d 236, 241 [2016]. It seems straight forward then, that Amazon could be held strictly liable for a defective product sold on its marketplace. However, until recently that proposition was not so cut and dry in New York.

In State Farm Fire and Casualty Company v. Amazon .com Services, Inc., Amazon argued before the Supreme Court of Onondaga County that it was not a member of the chain of distribution and thus could not be held strictly liable for a defective thermostat sold on its marketplace. 2020 N.Y. Slip Op. 20326 (Dec. 8, 2020). The Court disagreed, ruling that under the standards set forth by the NY Appellate Division, it is clear that Amazon falls into the category of “retailers and distributors.” Id. The Court noted that consumers go to Amazon’s website to look for products in the same way they would walk into any other brick and mortar storefront in search thereof. Further, many times the product itself is physically on an Amazon shelf waiting to be shipped once the order is placed and it is an Amazon employee who handles the product once the consumer makes the decision to purchase. Ultimately, the Court ruled that the facts were enough to subject Amazon to trial as a member of the chain of distribution of the product, who is strictly liable if that product is in fact defective. Obviously, as a trial court decision, this opinion could be appealed and the appellate division could always rule differently. But, for now, this opinion provides a remedy to New Yorkers, and potentially others across the country, who rely on Amazon to sell safe products.

UTV Defects and The Harms They Can Cause

Wed, 20 Feb 2019 18:00:00 GMT

What is a UTV?

People across the country use UTVs on a daily basis. UTV stands for Utility Task Vehicle or Utility Terrain Vehicle. UTVs are also commonly referred to as Recreational Utility Vehicles or Side-by-Sides. UTVs have grown in popularity throughout the United States due in large part to their wait for it…utility! The number of UTVs sold in the US on a yearly basis has essentially doubled over the last 10 years. [1]

UTVs are commonly used for activities ranging from transporting supplies on a ranch to exploring the desert sand dunes outside of Las Vegas. Unfortunately, while these machines can be both useful and a lot of fun, they can also be extremely dangerous. Poor design choices and safety shortcuts incorporated in a number of UTV models can result in devastating injuries and quickly change an exhilarating, adrenaline filled day into one you’d rather forget.

UTV Rollovers

One of the more alarming risks associated with UTVs is their propensity to rollover. Despite their image as an off-road and adventure vehicle, UTVs present a serious rollover risk when they encounter adverse terrain or higher rates of speed. A survey conducted in 2016 collected newspaper reports of side-by-side crashes in nine Midwest states between the years 2009-2011. [2] During that two-year period, 79 crashes were identified and 104 people were injured in those crashes. [3] 50% of those crashes were rollovers. [4]

Unfortunately, despite their proven rollover risks, many UTVs do not perform well in rollover crashes and riders suffer the consequences. Riders in UTV rollover crashes often suffer severe and debilitating injuries. Rider injuries are commonly the result of two design flaws in the UTV. The first is poor occupant containment. In rollover events, UTV riders are often completely or partially ejected from the occupant compartment. In full ejections, riders can suffer severe injuries ranging from broken bones to traumatic brain injury or even death. A common injury in partial ejection events is limb amputation. During the rollover, the rider’s arm or leg can leave the occupant compartment and be crushed by the weight of the vehicle. Simple alternative designs like side window cargo netting can greatly improve UTV occupant containment. However, such designs are not widely incorporated by the UTV industry.

UTV Fires

The other regular design flaw in a number of UTV models is a significant fire risk when the vehicle is in a rollover. Over the last few years, hundreds of thousands of UTVs have been recalled by the Consumer Product Safety Commission because of a fire danger. [5] The fire risk stems from the UTV fuel system design, specifically the fuel vent line. In a rollover event, the design can allow gasoline or gasoline vapors to spill out and ignite if exposed to an ignition source. In those cases, riders can suffer painful burns which often lead to dramatic scars.

Though UTVs can be both useful and a lot of fun, they present serious risks and can be extremely dangerous. If you or a loved one is injured or killed in a UTV crash, call an experienced attorney as soon as possible. It is crucial that you speak to someone who can investigate the crash and identify what happened and why. The team at McCartney Stucky has years of experience doing just that in product defect cases in a multitude of industries and are ready and prepared to help those in need.

[1] UTV Market Trending Up, Motorcycle & Powersports News, March 9, 2018, available at https://www.motorcyclepowersportsnews.com/utv-market-trending-up/

[2] States: Iowa, Illinois, Kansas, Minnesota, Missouri, Nebraska, North Dakota, South Dakota and Wisconsin.

[3] Jennisen, et al, Characteristics of Side-by-Side Vehicle Crashes and Related Injuries as Determined Using Newspaper Reports from Nine U.S. States, Safety 2016, 2, 10; doi:10.3390/safety2020010

[4] Id.

[5] Christopher Jensen, Fire Danger Persists for Polaris Off-Road Vehicles, Fair Warning, March 8, 2018, available at https://www.salon.com/2018/03/08/fire-danger-persists-for-polaris-off-road-vehicles_partner/

Photo by Pixabay

Aircraft Defects & Crash Causes

Fri, 18 Jan 2019 19:50:00 GMT

With all of the media coverage on airplane disasters, it’s understandable that many people suffer from pteromerhanophobia, otherwise known as “fear of flying.” However, in 2017, the fatal accident rate for commercial passenger flights was only 0.06 per million flights, or one fatal accident for every 16 million flights. [1] That being said, 347 people died in 209 general aviation fatal crashes in 2017 and many more crashes resulted in injuries that year. General aviation is mostly comprised of private aircrafts carrying a small number of people. Accordingly, while rare, aviation accidents do happen and are often fatal. Aircraft defects and pilot errors are two of the many factors that can contribute to a rare and potentially fatal aviation accident.

When a perfectly functioning aircraft is piloted by a prudent, careful and skilled pilot crashes are essentially non-existent. Therefore, when an aircraft does crash, something – and often many things – went wrong. Instructor pilots and those investigating crashes often talk about a “chain of errors” resulting in a crash. This means that crashes often result from a trigger event that was improperly handled by the pilot and could lead to other failures within the aircraft. For example, France’s investigative body’s report essentially concluded that the aircraft crashed because ice crystals obstructed air flow through the aircraft’s “pitot tubes” which connected to the aircraft’s airspeed indicators which then disconnected the autopilot and to which the pilots failed to react appropriately. The size of the aircraft and the location of the crash made this investigation particularly difficult. Even a small four-place Cessna 172 crash involves a higher level of complexity and many more aspects of investigation than a simple car crash does. Sorting out the relative responsibility for these crashes is difficult and takes experienced investigators and skilled attorneys working together to ensure the individuals and companies that contributed to the cause of an aircraft crash are held accountable.

What is an Aircraft Defect?

Aircraft defects are not just a common cause of airplane crashes, they are often a contributing factor in near-miss incidents, runway accidents and in-flight injuries. A component on a plane may be unsafe by design or may not have been properly maintained and lead to a sudden failure that can injure or kill those onboard.

Common Causes of Aircraft Crashes

Types of Plane Defects

Defects can occur in a variety of aircraft systems; a few examples include:

Control surfaces of the aircraft can become stuck preventing proper control of the aircraft;
Hydraulic systems can fail preventing proper movement of the aircraft control systems and/or the landing gear;
Fuel leaks can develop leading to unexpected reductions in the range of the aircraft and can lead to mid-air fires;
Instrument failures can trick the unsuspecting pilot into believing the aircraft is behaving one way when in fact it is performing another;
Failure of de-ice equipment;
Pressurization failures in pressurized aircraft;
Electrical failures can impact navigational systems and other aircraft controls; and
Mechanical or electrical failures within the engine can cause an engine to unexpectedly lose power turning a single engine aircraft into a very heavy glider and creating a heavy and unexpected workload for a multi-engine pilot

Pilot Error

Pilot Error can take many forms; a few examples include:

Improper flight planning;
Improper “go/no go” decision;
Flying into weather that either the aircraft or the pilot or both are unqualified to handle;
Failing to appropriately respond to changes in flight conditions or controls; and

Improper fuel management leading to fuel starvation of the engine

Past Aircraft Defect Accidents

US Airways Flight 427

On September 8, 1994, US Airways Flight 427 (pictured above), was traveling from Chicago to Pittsburgh and crashed while attempting to land at Pittsburgh International Airport. The airplane entered an uncontrolled descent and impacted terrain near Aliquippa, Pennsylvania, six miles northwest of the airport. All 132 people on board, two pilots, three flight attendants and 127 passengers, were killed. The aircraft was on final approach when it lost control due to an uncontrollable rudder deflection. This was the result of a design defect within the rudder power control unit. [2]

American Airlines Flight 587

Approximately two months after the September 11, 2001 terrorist attacks, American Airlines Flight 587 crashed into a residential area of Belle Harbor, New York, shortly after takeoff from John F. Kennedy International Airport in New York. The airplane’s vertical stabilizer and rudder separated in flight and were found in Jamaica Bay, about one mile north of the main wreckage site. The airplane’s engines separated in-flight and were found several blocks northeast of the main wreckage site. All 260 people aboard the airplane and 5 people on the ground were killed. The airplane was destroyed by impact forces and the post-crash fire. The NTSB determined that “the probable cause of this accident was the in-flight separation of the vertical stabilizer as a result of the loads beyond the ultimate design that were created by the first officer’s unnecessary and excessive rudder pedal inputs. Contributing to these rudder pedal inputs were characteristics of the Airbus A300-600 rudder system design and elements of the American Airlines Advanced Aircraft Maneuvering Program.” [3]

Contact the Plane Crash Lawyers at McCartney Stucky

Aircraft defect cases can take years to investigate and resolve given their complex nature. Please contact an experienced attorney as soon as possible if you or a loved one is involved in an aircraft accident. McCartney Stucky’s experienced attorneys can advise you on the steps to take to hold the responsible parties accountable for the damage they’ve caused. The team at McCartney Stucky has decades of litigation experience and can help you navigate the hurdles of litigating a complex and challenging aircraft defect claim. Additionally, McCartney Stucky partner Christopher Stucky is an instrument rated pilot and brings a unique perspective to investigating and prosecuting claims associated with aircraft crashes.

[1] https://www.reuters.com/article/us-aviation-safety/2017-safest-year-on-record-for-commercial-passenger-air-travel-groups-idUSKBN1EQ17L

[2] https://www.ntsb.gov/news/pressreleases/Pages/NTSB_Concludes_Longest_Investigation_in_History;_Finds_Rudder_Reversal_was_Likely_Cause_of_USAIR_Flight_427_A_Boeing_737_N.aspx

[3] https://www.ntsb.gov/investigations/AccidentReports/Pages/AAR0404.aspx

Photo by the U.S. federal government

Electric Rideshare Scooters May Do More Damage Than Good

Fri, 04 Jan 2019 23:22:00 GMT

Everyday, navigating the neighborhoods and streets of popular American cities gets easier and easier. On top of traditional means of travel such as walking, biking, cabs, rideshares and bus/train service, now you can zoom from block to block on an electric rideshare scooter. The electric scooter wave is sweeping through major American cities with companies like Lime and Bird leading the charge. Unfortunately for some, the short walk up the street seemingly made easier by an electric scooter ends in major injuries. In addition to inconsistent city regulations for operations, issues of product durability and safety are major causes for concern as more and more scooters populate the streets.

How Rideshare Scooters Work

Electric scooter companies like Lime and Bird are transportation sharing companies which rent the scooters to users through free smart phone apps. The app includes a real time map showing the user where available scooters are located. The user simply scans a bar code on the scooter then adds a payment method and away they go. The user is charged by the minute for using the scooter and can park the scooter anywhere when he/she is finished riding. Once a user parks the scooter it reappears on the digital map for someone else to use.

Rider Safety & Injuries

While trips around the block are a bit easier on an electric scooter, trips to the emergency room are more frequent for scooter riders. Across the country, hospitals are treating more and more people for injuries resulting from electric scooter wrecks and malfunctions. In late November 2018, San Francisco General Hospital estimated that their emergency room was treating 10 injuries a week on average ranging from significant bruising and road rash to severe head trauma. [1] Other hospitals have seen the same trend with some reporting even more injuries. Dell Seton hospital in Austin, Texas reports up to 10 injuries a day. [2]

This uptick in injuries is a result of rider errors, poor and inconsistent safety procedures and defective scooters. Rider errors are common because the riders are often inexperienced. An inexperienced rider zooming around busy city streets amongst cars and pedestrians is an obvious recipe for trouble, which also speaks to the inconsistent and insufficient safety procedures.

When a rider unlocks one of the scooters there is very little required training. The Bird app advises the riders to wear a helmet and to “ride in bike lanes.” Lime on the other hand has an instructional video for using the scooters, however riders are not required to watch the video before using the scooter. Also, despite the companies’ encouragement to wear helmets, most riders don’t and very few cities have laws requiring helmets. Inconsistent laws across states and municipalities add to the safety problem. For example in some states and cities it is illegal to ride an electric scooter on the sidewalk, but in others the scooters can only be ridden on the sidewalks.

Defective Electric Scooters

In addition to rider error and insufficient safety procedures, defective scooters can cause injuries to the rider. In October 2018 Lime recalled approximately 2,000 of the company’s electric scooters after reports that the scooters were spontaneously catching fire due to a battery issue. [3] Shortly thereafter, Lime was forced to issue another recall due to reports that scooters would break apart during use. Lime notified users that the riding platform could “crack or break if ridden off a curb at a high speed.” [4] These manufacturing defects are a significant risk to not only scooter riders but to others who share the streets and sidewalks with these products.

Contact a Personal Injury & Liability Attorney

If you or a loved one is injured in an event involving electric rideshare scooters, its imperative that you contact a personal injury attorney as soon as possible. Cases involving these products involve complex legal issues including the user agreement each rider agrees to and preserving the potentially defective scooter. The team at McCartney Stucky is full of experienced litigators who can listen to your story and advise you on your potential legal remedies – contact us today !

[1] Electric scooters are now disrupting wrists, elbows and heads , Dara Kerr, Cnet , available at https://www.cnet.com/electric-scooters-by-bird-lime-are-causing-injuries-and-accidents , November 28, 2019.

[2] Id.

[3] https://www.businessinsider.com/lime-recalls-thousands-scooters-after-reports-some-catching-fire-2018-19 .

[4] https://www.theverge.com/2018/11/10/18082464/lime-scooter-global-recall-okai-breaking-apart-damage

Photo by Brett Sayles from Pexels

Foodborne Illness in the United States

Fri, 14 Dec 2018 22:35:00 GMT

More and more frequently, stories of foodborne illnesses populate the news cycles in the United States. You have undoubtedly heard about one or many of these breakouts. Whether it was the temporary shutdown of your favorite Mexican restaurant or the heads of romaine lettuce you were told to pass on for Thanksgiving, foodborne illness reached your life in some form or fashion. For some however, these breakouts carry far graver consequences. The United States Center for Disease Control “estimates that each year 48 million people get sick from a foodborne illness, 128,000 are hospitalized, and 3,000 die.” [1]

Foodborne illnesses often result from improper food safety and handling practices. Carelessness and insufficient food safety procedures by restaurants, food processors and even commercial farms can lead to massive food recalls and bacteria breakouts. Unfortunately, most cases of improper food handling or tainted food products are not discovered until consumers suffer the consequences and are diagnosed with foodborne illnesses. Common symptoms of foodborne illness—often referred to as food poisoning—include nausea, vomiting, stomach cramps and diarrhea. [2] However, symptoms can be more severe and—depending on the type of bacteria—some foodborne illnesses can be life threatening.

Foodborne illness causing germs include:

Norovirus
Salmonella
Clostridium pefringens
Listeria
Eschericia Coli (E. coli)
Staphylococcus aureus (Staph)

Recent food recalls and foodborne illnesses:

November 2018: Romaine lettuce from regions of Northern and Central California linked to E. coli infections;
November 2018: Tahini produced by Achdut Ltd. linked to salmonella infections;
October 2018: Ready-to-eat deli ham produced by Johnson County Hams linked to a multistate outbreak of listeria infections;
July 2018: Spring Pasta Salad sold at Hy-Vee grocery stores linked to a multistate outbreak of salmonella infections.
June 2018: Honey Smacks cereal was recalled by the Kellogg Company because the cereal was linked to a multistate breakout of salmonella infections. Any Honey Smacks cereal with a “best if used by” date of June 14, 2019 or earlier should not be eaten.

If diagnosed:

Contact an attorney as soon as possible if you or a loved one is diagnosed with a foodborne illness. An experienced attorney can advise you on the steps to take to hold the responsible parties accountable for the damage they’ve caused. The team at McCartney Stucky has decades of litigation experience and can help you navigate the hurdles of litigating a foodborne illness case.

Photo by Epicurrence on Unsplash

[1] Foodborne Illness and Germs, Center for Disease Control, available at https://www.cdc.gov/foodsafety/foodborne-germs.html

[2] Id.

Buyer Beware? Product Attorney’s Buying Guide for the Gift Giving Season

Wed, 28 Nov 2018 15:27:00 GMT

“It’s the most wonderful time of the year.” –Andy Williams & Retailers Everywhere.

The holiday season is upon us and retailers everywhere are rejoicing as shoppers flood their stores in search of gifts of all shapes and sizes. Parents check items off their children’s lists to Santa, while some search for the perfect gift for the fifth night of Hanukah. Men and women scour the stores for the special something to give their special someone and co-workers all over the world think long and hard about the perfect white elephant gift. The holidays can be a joyous occasion filled with giving and generosity for those fortunate enough to partake.

Yet, not all gifts are destined to fill the recipient with joy. Unfortunately for some, a defective or dangerous product can dramatically change the holiday mood. Despite significant regulation and numerous quality control standards, defective consumer products still make it to market and stock retail shelves every holiday season. Ranging from children’s toys with choking hazards to off-road vehicles with fire and rollover risks, the threats posed by various consumer products are vast. Keep those dangers in mind as you shop for the perfect gift this holiday season and check out the checklist below for a product attorney’s guide to gift giving.

3 Tips to Avoid Giving a Dangerous Gift

1. Do your homework.

As you plan out your holiday shopping and what gifts to get for whom, take a little time and research the products you think you want to buy. I recommend starting with the Consumer Product Safety Commission webpage, https://www.cpsc.gov/ . The CPSC keeps up to date records of consumer products recalled for safety hazards. Before you buy something for a loved one, make sure that product has not been recalled for a defect that could render the product dangerous for use. Some recently recalled products include:
- HoMedics Giraffe Shaped Nightlights (Choking Hazard)
- IKEA Dining Tables (Laceration Hazard)
- Honda Recreational Off-Highway Vehicles (Fire and Burn Hazards)

2. Double Check Age Restrictions

Additionally, while doing your research, if you are buying a toy for a young child, double check the age restrictions printed on the product packaging. The restrictions are there for a reason and failure to abide by them can lead to unnecessary, avoidable injuries.

3. Read the Product Warnings/instructions

Once you’ve confirmed that the gift is safe and age appropriate, make sure that you or the recipient read and observe the product warnings and instructions. While some products can be defective even if used properly, misusing a product only increases the risk the product will cause harm.

These three steps may seem obvious and simple; but, once completed, you can feel confident that the gifts you give are safe.

The product liability team at McCartney Stucky wishes you and yours a safe and happy holiday season!