RVs and Fire Safety

Recreational vehicles or “RVs” are a fun way to travel and are used by thousands vacationers each year. Vacation is usually the last time you expect to have a disaster, and therefore, it is unsurprising that many RV owners are unprepared when an RV fire occurs.

News stories about RV fires are not uncommon. One 2009 article tells the story of an Arizona couple that was lucky enough to escape from their RV after it caught fire. According to the victims, a fired consumed the RV in a matter of seconds, and they remarked that it was “a miracle we got out of there alive.”[i] Once an RV fire starts, it is difficult to put it out.

A number of product defects can potentially cause fires in RVs.[ii] Leaks in radiator hoses or other liquids spill onto hot engine parts and ignite. Malfunctioning brakes can create friction that can cause the tire catch fire. Spontaneous combustion is also a problem since most RVs have propane tanks that are highly flammable and can leak. Fires may also start due to faulty electrical wiring or batteries.

A lack of universal RV safety standards as well as defective RV design have been and continue to be factors in RV fires. If you think you have been a victim of a defective RV that has caught fire, you should seek the advice an attorney with experience handling defective RV cases.

If you believe you or a loved one was injured due to a defective RV, it is important to explore your legal options. Call Munley, Munley & Cartwright, P.C. today at 1-800-318-LAW1, use our online form, or visit our offices in Scranton, Harrisburg, Stroudsburg, Hazelton, Hamlin, Carbondale, or Plains.

[i] Couple who escape from motor home fire says survival a miracle – The Sierra Vista Herald

http://www.svherald.com/content/news/2010/09/04/couple-who-escaped-motor-home-fire-says-survival-miracle

[ii] RV Fire Safety Facts that could save your life – RV Travel.com

http://www.rvtravel.com/publish/firerv.shtml

Braking Override Rules Needed?

Automobiles, like many consumer products, are regulated by state and federal laws.  Since 1970, the National Highway Traffic Safety Administration (NHTSA) has been responsible for finding ways to reduce injuries and deaths related to automobile accidents.  The NHTSA uses a variety of methods to improve automobile safety; one of its most important activities is creating and enforcing standards for automobile safety and equipment.[i]

The NHTSA acts a watchdog and ensures that companies produce safe and reliable motor vehicles.  Toyota’s recent motor vehicle recall is one example of when the NHTSA must be involved in an automobile safety concern.

Since 2006, Toyota drivers have been reporting a problem with spontaneous and random acceleration.  In addition, high profile news reports  about drivers who were unable to control their vehicles were released.  The reports included one about the tragic death of a family of four in California that was unable to stop the Toyota vehicle that had reached speeds of over 120 miles per hour.[ii]

According to a 2010 New York Times article, in 2007, Toyota began to investigate the acceleration problem, and in 2009, the company cited that the issue was related to the gas pedal becoming caught underneath the floor mat.[iii]

That same year, a total of 5.4 million vehicles were recalled, including the Camry, Avalon, Prius, Tacoma, Tundra, Highlander, Corolla, Venza, and Matrix as well as the Lexus IS 250, 350, and ES 350.  In 2010, however, Toyota discovered two additional acceleration and braking related problems.  First, several popular models such as the Camry and the Tundra had defective or “sticky” accelerators, and the company issued a recall that affected 4.5 million vehicles.  Second, there have been recent investigations into the braking system of the Toyota Prius; the NHTSA has received an increased number of complaints about the Prius’ braking system.  [iv]

The NHTSA is contemplating issuing a requirement to Toyota that a breaking override system be installed in all Priuses so drivers would be ensured that they could depress the brake pedal regardless of any acceleration speed.  The system is currently in some car models across different manufacturers, but there are no federal laws requiring this safety feature to be automatically installed in all newly manufactured vehicles.

The Effect of Defective Parts

Toyota has offered to repair, free of charge, the cars of current owners of affected  models.  In addition, the NHTSA has levied fines of over $16 million dollars against Toyota because the company was aware of the “sticky pedal” defect for over a year.[v] It is estimated that these defective parts were related to at least 93 deaths of drivers who were unable to stop their car.[vi]

If you believe you or a loved one was injured due to a defective part related to acceleration, you should explore your legal options.  Call the defective product lawyers of Munley, Munley & Cartwright, P.C. at 1-800-318-LAW1, use our online form, or visit our offices in Scranton, Harrisburg, Stroudsburg, Hazelton, Hamlin, Carbondale, or Plains.

[i] National Highway Traffic Safety Administration

http://www.nhtsa.gov/About+NHTSA/Who+We+Are+and+What+We+Do

[ii] ]Toyota settles suit over high-profile Calif. crash

http://www.fresnobee.com/2010/09/17/2082851/toyota-settles-suit-over-high.html

[iii] Agency Says Toyota Accelerator Problem is “A Serious Safety Issue, New York Times

http://wheels.blogs.nytimes.com/2010/01/21/agency-says-toyota-accelerator-problem-is-serious-safety-issue/

[iv] Toyota Settles Over Death of Family in High-Speed Crash

http://www.nytimes.com/2010/09/19/business/19autos.html?src=busln

[v] NHTSA Fines Toyota $16.4 million over sticky pedal recall

http://blogs.consumerreports.org/safety/2010/04/nhtsa-fines-toyota-164-million-over-sticky-pedal-recall.html

[vi] Toyota Settles Over California Deaths

http://www.nytimes.com/2010/09/19/business/19autos.html?src=busln

Government Does Not Back Pennsylvania and New York Marcellus Shale Drilling Moratorium

Speaking on behalf of the Obama administration, Brig. Gen. Peter “Duke” DeLuca, commander of the North Atlantic Division of the Army Corps of Engineers, declined to seek a temporary halt to Marcellus Shale drilling in Pennsylvania and New York.  Rep. Maurice Hinchey (D-N.Y.) wanted DeLuca to use his seat on the Delaware River Basin Commission (DRBC) to advocate for blocking drilling until after a “cumulative impact” study could be done.

Hinchey is seeking $1 million for the DRBC to study the cumulative effects of drilling in the basin, from which 5% of the country’s population gets their drinking water.  DeLuca is not willing to put drilling on hold while waiting for years that it could take to complete the report.

DeLuca said, “the citizens of the basin are counting on the commission to make smart choices that allow for environmental protection to proceed together with economic development.”  Hinchey stands by his request for the report refuting DeLuca’s stance by saying, “It is difficult to understand how the DRBC can consider the release of gas drilling regulations without a comprehensive assessment of the possible impacts in the Delaware River Basin.”

The vote allows continued limited exploratory drilling in the basin, but it does not allow for production wells until the regulations are refined and are in place.

If you have been injured by Marcellus Shale drilling, or are concerned about the impact the wells are having on your property, talk to an attorney who knows the Marcellus Shale drilling issues. The attorneys at Munley, Munley & Cartwright represent Marcellus Shale drilling victims who have suffered personal injury and those who have been harmed through the loss of enjoyment of their property. Contact us at 1-800-318-LAW1 or submit a free online claim evaluation.

Sources:

• Administration Rejects Marcellus Shale Moratorium
• DeLuca Letter to Hinchey

Untold Dangers Of Hospital Bedrails

A hospice patient close to the end of his life was found dead in his bed at an assisted living facility on Christmas morning in 2004 – not totally shocking for this 75-year-old man in declining health.  What was shocking was the way he died.  His head was entrapped between his mattress and the bed rail.  The cause of death was asphyxiation.

The family has filed suit against the facility for negligence. The care facility claims it gave proper care to the patient.

Of the 17,000 nursing homes housing 1.5 million elderly and disabled Americans, 5,300 of them were cited for nursing home violations between January 1999 to January 2001.  Close to a third of the charges were “serious enough to cause actual harm to residents or to place the residents in immediate jeopardy of death or serious injury,” according to a congressional report.  If your elderly loved one has been injured while in the care of a nursing home or other healthcare facility, contact Munley, Munley & Cartwright today. You and your family have legal rights that not only protect you, but others as well.

In 1995, the FDA released its first safety alert about hospital beds with side rails entrapments. In 2006, after receiving 691 entrapment reports covering a 21 year period, the FDA issued recommendations intended to reduce life-threatening entrapments. The FDA identified the patients’ body parts which could be at risk as well as the locations of the hospital bed rails and entrapment areas. Of the reported cases, 413 people died, 120 were injured, and 159 had no injuries because they were found in time.

According to an article in the New York Times, bed rails were designed as a safety device and do decrease the risk of falling by 10-15 percent.  However, a study from the University of Minnesota found they increase the risk of injury by about 20 percent.

Confused or demented patients may try to climb over the rails and fall from a greater height, usually landing on their heads. The greater danger is entrapment – patients drop into the gap between the mattress and the rail and the mattress slides to the other side of the bed.  The patient drops into the gap and he can’t breathe.  Asphyxiation follows in minutes.

If you have had a serious injury or a loved one has died as a result of entrapment in a bed side rail, please call the experienced nursing home abuse and neglect attorneys at Munley, Munley & Cartwright, P.C.   Our consultations are at no charge and we can be reached at 1-800-318-LAW1 or online.

Nursing Home Injury

Abbott Recalls Similac Powder Baby Formula

Abbott, the company that owns Similac, has announced what it calls a nationwide “proactive, voluntary recall” of certain Similac-brand powder baby formula.

The company says the recall was prompted by an internal quality review that revealed the possible presence of a small common beetle in the production area of an undisclosed manufacturing facility.

Although Abbott says that it has been informed by the U.S. Food and Drug Administration (FDA) that the beetles pose no immediate health risk, there remains the possibility that infants who consume formula containing the beetles or their larvae could experience gastrointestinal discomfort and refuse to eat as a result of small insect parts irritating their GI tract.

The company warns parents to contact a physician if those symptoms persist for more than a few days.

“We regret any inconvenience this situation poses to parents and consumers,” Holger Liepmann, the executive vice president of Abbott Nutrition, said in a released statement.

According to Abbott, the recall includes certain Similac powder formulas in plastic containers as well as products offered in 8-ounce, 12.4-ounce and 12.9-ounce cans.

You can click here and type in your lot number to determine if your product is affected by the recall. If it is, then you can return the product at no cost. For more information about the recall and the return process, call Abbott’s consumer hotline at 1.800.986.8850.

The company states that no Similac liquid infant formulas are involved in the recall, including Similac Expert Care Alimentum, Elecare, Similac Expert Care Neosure, Similac Human Milk Fortifier and metabolic formulas for inherited disorders.

The law firm of Munley, Munley & Cartwright has successfully handled cases involving injury or death caused by alleged defective products, including food products.  If you or a loved one has suffered a personal injury or illness due to a defective product, please call our experience attorneys at 1.800.318.5291 or use our online contact form.  There is no cost for evaluating your case.

SIMILAC RECALL

Water Supply Polluted by Marcellus Shale Drilling

Environmental testing in Dimock, Pennsylvania has confirmed that methane gas and other contaminants have been found in the town’s drinking water supply.  The contaminated water is allegedly from the hydraulic fracturing (fracking) process used to extract natural gas from the Marcellus Shale beds in Pennsylvania.

Dimock residents have filed a lawsuit against Houston-based Cabot Oil & Gas Corp. claiming the drilling company is responsible for their polluted wells.

In an effort to protect the residents’ health, the Department of Environmental Protection (DEP) may spend over $10 million to connect homes whose water wells have been ruined to a municipal water supply approximately six miles away in Montrose.  DEP secretary John Hanger says this is “the best and really only solution.”

DEP plans to get the money for the project from Cabot.  If the company “balks” at covering the cost, the state will move forward with the project first then work with Cabot to reclaim the costs.

If you or a loved one has been harmed by Marcellus Shale drilling, talk to an attorney who is experienced in Marcellus Gas drilling issues. The attorneys at Munley, Munley & Cartwright represent victims who have been injured through no fault of their own, including those who have suffered personal injury and those who have been harmed through the loss of enjoyment of their property. Contact us at 1-800-318-LAW1 or submit a free online claim evaluation.

Pennsylvania to Vote on Regulation Establishing Cement Type for Marcellus Shale Wells

The Department of Environmental Protection (DEP) will vote on an important regulation that will require Marcellus Shale drillers to use a stronger type of cement inside the casing of the wellbores.  The regulation will be part of the well-construction rule that currently regulates the time the cement must be allowed to settle as well as setting limits on how much pressure can be applied to a well.

According to Range Resources, one of the Marcellus Shale drilling companies, the process to fully isolate the wellbore involves inserting multiple heavy steel casings extending from the ground surface to deep into the ground, and fully cemented into the wellbore.  Once the initial wellbore cement has set, the wellbore setting is continued “from the bottom of the previously cemented steel casing to the next depth. This process is repeated using smaller diameter steel casings until the oil and gas bearing rock is reached. ”

John Hanger, secretary of DEP, said that he will propose amendments that will make the rule even stronger to reflect some of the 2,000 public comments received by the DEP since the rule was proposed.

The regulation will be voted on during the meeting of the Environmental Quality Board on October 12, 2010.

If you are a property owner whose property has been harmed by natural gas exploration, talk to an attorney who is experienced in Marcellus Gas drilling issues.  The attorneys at Munley, Munley & Cartwright represent victims who have been injured through no fault of their own, including those who have suffered personal injury and those who have been harmed through the loss of enjoyment of their property. Contact us at 1-800-318-LAW1 or submit a free online claim evaluation.

Cement Regulations

Claim of Defective Seats Brings Wrongful Death Lawsuit Against Honda

A lawsuit has been filed in Texas against Honda Motor Co., Ltd. by the parents of a young woman who died in her 2005 Honda Civic in April of this year, reports the Southeast Texas Record.

The young woman died when she lost control of her car and skidded off the rain slick road. She hit several trees and even though she was wearing a seatbelt, she was killed when her seat collapsed and she was thrown into the back seat.

When you or a loved one gets behind the wheel of a vehicle, you should be able to count on the fact that it has been safely designed and is free from flaws that could result in serious injury, or even death.  At Munley, Munley & Cartwright we have successfully handled cases involving injury or death caused by alleged defects such as automobiles, tractors and off-road vehicles.

The lawsuit claims the Honda Civic violated the principles of crashworthiness by failing to provide adequate restraint and failed to prevent ejection.  It also claims the car was unreasonably dangerous and defective because the collapsing seat exposed the driver to the risk, hazard and danger of ejection.  Honda is accused of not conducting adequate testing and proper engineering analysis.

Following the sudden and unnecessary loss of a loved one, an experienced attorney is essential to getting the best verdict and settlement in a wrongful death lawsuit.  Contact our experienced attorneys at Munley, Munley, & Cartwright for a free consultation throughout the state of Pennsylvania, by submitting our online form or by calling us at:1-800-318-LAW1.

Wrongful Death

DEP Makes Marcellus Shale Production Data Available to Public

The Department of Environmental Protection (DEP) has made production data for Marcellus Shale natural gas wells in the state available on their website.  Under Act 15 of 2010, Marcellus operators are required to report their well production totals from July 1, 2009 to June 30, 2010.  This act overturned previous provisions in the Oil and Gas Act that required production data to be kept confidential for five years.

John Hanger, secretary of DEP, says that by making this information available to the public “a much-criticized layer of secrecy” is removed and the public and government now have “unprecedented access to this information.”

Even though the companies were required to submit the data to the state by August 15, 2010, 18 of the state’s 74 Marcellus Shale operators have not yet complied. Hanger said the department will pursue “whatever enforcement action is necessary to ensure compliance with the law.”

If you or a loved one has been harmed by Marcellus Shale drilling, talk to an attorney who is experienced in Marcellus Gas drilling issues. The attorneys at Munley, Munley & Cartwright represent victims who have been injured through no fault of their own, including those who have suffered personal injury and those who have been harmed through the loss of enjoyment of their property. Contact us at 1-800-318-LAW1 or submit a free online claim evaluation.

Production Data Available

Some Pennsylvania Parks Could Become Marcellus Shale Drilling Sites

The Pennsylvania Department of Conservation and Natural Resources (DCNR) manages and maintains close to 120 state parks.  However, Pennsylvania does not own the mineral rights to 80 percent of the land underlying the parks, opening it up to the possibility of the private owners entering into Marcellus Shale lease agreements with gas companies.

Oil and gas companies have already drilled a limited number of wells in some of the state park land in western Pennsylvania.  DCNR cannot impose surface-use agreements on the drilling companies to govern their impact on the surface of the parks, due to a 2009 ruling by the Supreme Court,  and some fear the increased interest in Marcellus Shale in the parks could result in damage to the landscape.

DCNR Secretary John Quigley says that while the threat to the parks is not immediate, “there are a dozen or fewer parks where drillers or seismic testing firms have expressed interest in accessing the surface to get to the Marcellus Shale.”

The DCNR estimates that over half of the state parks are sitting atop the Marcellus Shale.

Natural gas drilling can scar the landscape.  If you are a property owner whose property has been harmed by natural gas exploration, you should talk to the attorneys at Munley, Munley & Cartwright.  We represent property owners and victims of Marcellus Gas drilling issues, including those who have suffered personal injury and those who have been harmed through the loss of enjoyment of their property. Contact us at 1-800-318-LAW1 or submit a free online claim evaluation.

Pennsylvania Parks