Maine Injury Lawyer Blog

It's that time of year again when shoppers are hitting the stores in full force in search of the perfect holiday gifts for friends, family members, co-workers and others. It's important for all consumers to look over the U.S. Consumer Product Safety Commission's (CPSC) recall list during the holidays to help ensure there won't be a defective product on their gift-giving list. Recalled products can cause serious injury in Portland and elsewhere if not addressed.

Our Portland injury attorneys understand that the CPSC reviews thousands of consumer products. Unfortunately, there's a chance there are defective products in our homes and businesses right now, items that have been deemed dangerous and we don't even know it. While it's the CPSC's responsibility to inform the public of the defects, it's our responsibility to make sure that if we decide to give gifts, that they are safe and defect-free. Please review this list before bringing any new toys and presents into your household.

Schwinn Elliptical Exercise Equipment Recalled By Nautilus:

Roughly 10,000 Elliptical Exercise Trainers have been recalled because the foot plates on the devices have been found to detach from the machine during use and can pose a fall hazard to users. These products were distributed by Nautilus Inc. of Vancouver, Washington. There have been nearly 10 accident reports filed. These devices were sold under the model name Schwinn 460. They were sold at various sporting goods stores and online sites from July 2008 to May 2011. Consumers who own this product are urged to call Nautilus at 800-259-9019 for a free repair kit.

iPod Touch Rechargeable External Battery Cases Recalled by Mophie

More than 6,000 Rechargeable External Battery Cases have been recalled by Mophie LLC, of Paw Paw, Michigan, because the battery case's integrated circuit switch can possibly overheat and cause pose a burn hazard. The company has already received more than 100 reports of the battery case becoming warm to the touch. More than 40 reports have been filed saying that the product deformed and nearly 10 reports were made of burns. Only battery cases with serial numbers that have the first five characters of TR113 through TR120 are under the recall. The items were sold in stores since April 2011. If you have one of these battery cases, call Morphie at (877) 308-4581 for a replacement product.

KEDS Girls' Shoes Recalled by Collective Brands:

Nearly 50,000 KEDS "Know It All" Girls' Shoes have been recalled because the stars on the heel can come loose and pose a laceration hazard. There have already been nearly 30 reports of scratches and cuts from these metal stars. The style number covered under this recall is KY40098A, which can be found on the underside of the tongue. They were sold in department stores from June to October 2011. If your child has a pair of these shoes, you're urged to contact Collective Brands for a gift card for $30 that can be used at Stride Rite stores or on striderite.com.

As there are new products on the CPSC's recalls website frequently, parents are urged to look over the list regularly. Many injuries can be prevented by staying informed. Happy Holidays!

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In Maine, there is a potential intersection of the workers' compensation and personal injury systems when the injury is caused by a third party.

Generally, if you are injured at work, regardless of the cause, you are compensated for that injury entirely through the workers' compensation system. However, did you know that if a party other than your employer is responsible for the injury, you may also have a separate claim against that party?

For example, if you were driving a vehicle as part of your job and were injured in an accident caused by another driver, you have both a workers' compensation claim and a claim against the other driver.

Typically, the payments made by workers' compensation are conditional and may need to be reimbursed from your injury claim.

The interplay between these two systems can become extremely complicated. The auto accident specialists at Peter Thompson & Associates have handled hundreds of similar cases, partnering with experts in workers' compensation when necessary. Our team assures the best results for those navigating these two systems. We specialize in providing excellent customer service and quick results. For more information, contact Peter Thompson & Associates at 1-800-917-1784 or read more on our website www.Peter-Thompson-Associates.com on our car accident practice page.

INSURANCE ADJUSTERS HAVE THE INTERNET TOO!

Most people at one time or another have heard the advice "Do not put anything in an email or online that you would not want on the front page of the newspaper". This is never truer than when you are bringing a personal injury claim. The insurance company WILL search for your online profiles. More than once, we have received a call from an adjuster directing us to a client's online profile.

"So what?" you might be thinking, "I have nothing to hide. Besides, nothing I put on my Facebook or MySpace account has anything to do with my accident." This is almost never true. For example, if you are claiming an injury, and you are writing about all of the things you did over the weekend, that is relevant. If you are posting pictures of your participation in a charity walk, that is relevant. As your attorneys, we know the truth is accident victims have good days and bad days while recovering. It is our job to make that argument on your behalf. However, the insurance adjuster will use this to show that your injuries are not very serious.

Additionally, a big part of any case is how you would present to a jury, should that be necessary. Therefore, any indication online that puts you in an unflattering light can affect your case, even before it gets that far. For example, foul language and references to illegal activity or excessive drinking do not help your case. Particularly if there is an issue regarding who was at fault for the accident, because you need to appear as serious and credible as possible.

What can you do? First, if you have any profiles or accounts on any of the social media networks, set everything possible to the highest privacy setting.

Second, be careful about allowing a connection from anyone you do not personally know.

Third, again, think about what you are putting online. Although the privacy settings are a good first level of protection, there has recently been a case in New York where a judge allowed the Defendant's lawyer to access the Plaintiff's Facebook account. Romano v. Steelcase Inc., 2006-2233 (N.Y. Super. Sept. 21, 2010.). In that case, the Defendant argued that since the Plaintiff was claiming a loss of enjoyment of life and permanent injuries, her postings were relevant to see if this was true. The judge agreed, and said that because the point of these websites is the share information, it is discoverable, even if the person has their settings set to private.

If you have been injured in an accident and you have questions about what information insurance companies can use to evaluate your claim, please contact us at 1-800-917-1784 or read more on our website, www.Peter-Thompson-Associates.com, on our car accident practice page.

Consumer groups are appealing a May 31 decision allowing bankrupt automaker Chrysler to avoid legal responsibility for thousands of serious injuries caused by its products, ABC affiliate WCVB reported June 4. Under the language of the bankruptcy filing, people harmed by defective Chrysler products are considered unsecured creditors, which means a bankruptcy judge can eliminate any debt Chrysler might have to them with the stroke of a pen -- no matter how strong their claims might be. People with warranty claims on Chrysler cars would still be able to get repairs made, the station said. A coalition of consumer groups is calling for Chrysler and GM, which is also bankrupt, to either alter their filings or buy an insurance policy to cover the claims.

The piece starts with the story of Donia Kerrigan of Scarborough, Maine, who lost her left arm in an accident she says was caused by a defective seatbelt and airbag in her Jeep (a Chrysler brand). Kerrigan told the news station that her airbag malfunctioned and didn't deploy all the way, in essence blowing her arm off. Another accident victim, Jeremy Warner of Indiana, lost both legs in a fire he believes was caused by a defective brake fluid container in his own Jeep. He had already sued, but told reporters that his case was eliminated by the language of the bankruptcy filing. Thanks to Chrysler's responsibility-dodging bankruptcy plan, people like Kerrigan and Warner could be stuck with no way to recover those costs -- in essence, victimized a second time by the manufacturer's bad decisions.

As a Portland, Maine car crash lawyer, I know firsthand that this issue goes beyond equitable treatment of warranty holders and injured people. In addition to their physical injuries, which can disable them for life, people hurt in auto accidents frequently run into financial problems caused by their injuries. Medical bills alone can reach five or six figures, especially in cases of permanent disability. Victims who can't work after their accidents lose weeks of income, and sometimes their jobs or careers. A Maine auto accident lawsuit allows them to recover that money, along with compensation for their injuries, pain and any permanent disability or wrongful death.

All manufacturers are strictly liable for the safety of their products in Maine, which means they are legally responsible for injuries and deaths their defective products cause. If you or a loved one was seriously hurt in a crash you believe was caused by a faulty vehicle or auto part, you may be able to sue the manufacturer. The Bangor, Maine auto accident attorneys at Peter Thompson & Associates can help. From main offices in Portland and Bangor, we represent people throughout the state who have suffered serious injuries because of someone else's carelessness, including carelessness on the road as well as manufacturing defects. Our track record of success includes multiple settlements of $1 million or more.

To learn more about how we can help, please contact Peter Thompson & Associates today at 1-800-490-5218 or contact us via email.