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Homeowner’s Insurance: Proper Coverage Protects Your Home and Possessions

Home insurance is a necessity for both homeowners and renters.  Without insurance, you have no protection for your house, family and personal possessions, not to mention financial protection if an accident occurs on your property.  Because home owner’s insurance involves so many variables, no one-size-fits-all plan will work for every family.  Continue reading “Homeowner’s Insurance: Proper Coverage Protects Your Home and Possessions”

Posted in FAQ

Tye Smith: McDonald’s Hot Coffee Case Is Not What You Think

By Tye Smith, attorney in our Oklahoma City office

I had planned to write about the second reason why BIG business wants these laws passed.  That’s going to have to wait.

A lot of people I talk to about these issues always say something along the lines of, “Well, I tend to agree with you, but wouldn’t you also have to agree with me that when people are getting millions of dollars for spilling coffee on themselves, something needs to be fixed?”  So, let’s talk about hot coffee.

This McDonald’s coffee case is such a shocking example of BIG business being intellectually dishonest with America that a documentary has been produced.  The film is called “Hot Coffee.”  It premiered at the Sundance Film Festival and was such a hit that it was bought by HBO.  It should be on TV pretty soon.  You won’t want to miss it.  Click the video to watch an interview with the lady who made the film.  It is worth the 2 minutes it takes to watch it.

httpv://www.youtube.com/watch?v=MHdfRPuEJsk&feature=player_embedded

BIG business spent umpteen million dollars promoting lies about the McDonald’s coffee case as an example of why our legal system needs fixed.  The public was never given the true story about what happened.  As a result, good intentioned people like yourself were only told the lie that BIG business paid to promote and people like yourself were tricked into believing the lie.

I call this being intellectually dishonest.  It sickens me.  My hope is that when you are given the facts, you will be just as outraged at those who promoted the lie as you were at the lawyers, legal system and the old lady who supposedly got rich.  Fortunately, other people before me have written an account of what really happened, so I am going to borrow from their work.

The Facts Of The McDonald’s Hot Coffee Case

Stella Liebeck of Albuquerque, New Mexico, was in the passenger seat of her grandson’s car when she was severely burned by McDonald’s coffee in February 1992. Liebeck, 79 at the time, ordered coffee that was served in a Styrofoam cup at the drive-through window of a local McDonald’s.

After receiving the order, the grandson pulled his car forward and stopped momentarily so that Liebeck could add cream and sugar to her coffee.  Critics of civil justice, who have pounced on this case, often charge that Liebeck was driving the car or that the vehicle was in motion when she spilled the coffee; neither is true.  Liebeck placed the cup between her knees and attempted to remove the plastic lid from the cup.  As she removed the lid, the entire contents of the cup spilled into her lap.

The sweatpants Liebeck was wearing absorbed the coffee and held it next to her skin. A vascular surgeon determined that Liebeck suffered full thickness burns (commonly called third-degree burns) over six percent of her body, including her inner thighs, perineum, buttocks, and genital and groin areas. She was hospitalized for eight days, during which time she underwent skin grafting.  Liebeck, who also endured painful debridement treatments, sought to settle her claim for $20,000 but McDonald’s refused.

McDonald’s Knew The Coffee Was Dangerously Hot

During discovery (discovery is the pre-trial process where each party asks for information from the other side to discover important facts), McDonald’s produced documents showing more than 700 claims by people burned by its coffee between 1982 and 1992.  Some claims involved third-degree burns substantially similar to Liebeck’s.  This history documented McDonald’s  knowledge about the extent and nature of this hazard.

Continue reading “Tye Smith: McDonald’s Hot Coffee Case Is Not What You Think”

Posted in FAQ

Nursing Home Negligence: Types of Elder Abuse and What To Do About It

Moving your parent or other elderly relative to a nursing home is a big decision in your life, and in theirs.  After you research different facilities in your area, you find one which seems to be a good fit for your family.  But your job is not finished yet – you know how important it is to keep a constant watch over the living conditions where your family member now resides. Continue reading “Nursing Home Negligence: Types of Elder Abuse and What To Do About It”

Recall: 23,000 Infant Car Seats Recalled Due to Choking and Laceration Hazards

Britax Child Safety, Inc., has recalled approximately 23,000 of its Chaperone infant car seats.  The harness clip near the baby’s chest can break and pose both a laceration and choking hazard.  Manufactured in China, the car seats were sold nationwide and online for approximately $230 from June 2009 to October 2010. Continue reading “Recall: 23,000 Infant Car Seats Recalled Due to Choking and Laceration Hazards”

Recall: Hip Implants Recalled Due To High Failure Rate

Two hip implants manufactured by a division of Johnson & Johnson have been recalled worldwide due to high failure rate.  These “metal-on-metal” implants can release small particles of metal into the patient’s body, causing painful, serious reactions and often requiring additional surgeries.  In fact, 1 in 8 patients who received this defective product have needed additional surgery to correct the problem caused by the implants. Continue reading “Recall: Hip Implants Recalled Due To High Failure Rate”

How to Keep Your Baby’s Sleeping Environment Safe: Advice from an Oklahoma Defective Baby Product Attorney

Having a new baby in your life — whether it’s your first child or your tenth nephew — is a very special time.  And a major part of your responsibilities as the new parent — or uncle or granny — is to make sure the baby is safe. Continue reading “How to Keep Your Baby’s Sleeping Environment Safe: Advice from an Oklahoma Defective Baby Product Attorney”

Stopping Elder Abuse in Nursing Homes

How can I tell if my loved one has been abused or neglected in their nursing home?

Nursing home neglect or abuse can be difficult to detect, as it is frequently intentionally hidden by caregivers.  One of the best things you can do for your relative is be aware of their environment and look for changes in behavior or physical condition.  Watch for changes in your loved one’s mood, like withdrawing from you or being depressed.  Also, look for signs of physical abuse such a bruises, cuts, sores and infections.  Of course an elderly person’s body can be more susceptible to injuries, but ask your relative how the injury occurred.  Also, ask nursing home workers for explanations and documentation of what occurred, followup treatment, and steps taken to prevent future injuries. Continue reading “Stopping Elder Abuse in Nursing Homes”

156,000 Cribs Recalled Due To Strangulation, Suffocation, Fall Hazard

About 156,000 drop-side cribs are being recalled for repair by the Million Dollar Baby company of Montbello, California.  The full-sized cribs’ drop sides can detach, malfunction or otherwise fail, causing a portion of the drop side to fall out of position.  This creates a space where an infant or toddler can roll in then get wedged or trapped, which can lead to strangulation or suffocation.  If you have one of these cribs, stop using it immediately.

Continue reading “156,000 Cribs Recalled Due To Strangulation, Suffocation, Fall Hazard”

Is My Doctor Liable For Missing Stroke Symptoms?

A stroke is an extremely dangerous medical condition which occurs when blood supply to the brain is limited or stopped.  This lack of blood flow restricts nutrients and oxygen required by the brain, and causes brain cells to die within a few minutes.  A stroke requires immediate medical attention in order to help diagnose potential problems and begin treatment.  Additionally, stroke damage can range from mild mini-strokes called TIAs (transient ischemic attack), to permanent damage, or even death.  Without proper medical diagnosis and treatment, the severity and frequency of strokes frequently increases over time.  If your physician negligently does not recognize and diagnose a stroke when the symptoms are present, then he or she may be held liable for injury caused by their failure to treat the problem. Continue reading “Is My Doctor Liable For Missing Stroke Symptoms?”

Posted in FAQ

Death of Two Children Prompts Recall of Toy Dart Gun Sets Sold at Family Dollar Stores

Family Dollar retailer is recalling 1.8 million toy dart guns sets sold across the U.S. from September 2005 to January 2009.  The toys are an aspiration hazard, meaning they can prevent a child from breathing.  A 10-year-old Milwaukee boy and a nine-year-old Chicago boy died after placing the dart in their mouths, and accidentally inhaling the soft, pliable tip which lodged in their throats and prevented them from breathing.

 The “Auto Fire” toy dart guns cost approximately $1.50 and was sold exclusively at Family Dollar.  It was sold with either an orange and yellow toy gun, or a blue and yellow toy gun, plus eight orange darts and a small target.  The orange gun is item number P238 and the blue is item number 9328.  The item number can be found on one side of the handle in raised lettering.  The soft plastic darts are a little longer than one inch in length and have a small suction cup at one end, which is about one-half of an inch in diameter.  The small target is green, red, yellow and black, and measures five inches in diameter.  “Gordy Toy” for “Ages 8+” is printed on the packaging.

Family Dollar is cooperating with the Consumer Product Safety Commission on the recall.  The guns were manufactured by Henry Gordy International Inc. of Plainfield, New Jersey, but that company refused to recall dangerous the toy dart guns.  They were manufactured in China.

If you have this toy set, you should immediately take it away from children and discard them.  You can also return them to Family Dollar stores for a full refund.  For more information, call Family Dollar at (800) 547-0359 between 8 a.m. and 5 p.m. ET Monday through Friday.

If you or your family have suffered due to a defective or recalled product, contact the defective product attorneys and Oklahoma City child injury lawyers at Carr & Carr.  Carr & Carr’s lawyers are experienced in helping people work with recalled products that have caused injury or death.  The Tulsa office phone number is 866-510-0580 and the Oklahoma City office phone number is 405-691-1600.  Ask to speak to a lawyer who can start working for you.  There is no charge for your initial consultation.

"Auto Fire" Toy Dart Guns Sets Being Recalled
“Auto Fire” Toy Dart Guns Sets Being Recalled

Target Recalls 350,000 Woven Storage Trunks

Target has recalled 14 different models of woven storage trunks due to a dangerous strangulation hazard.  The lid of the trunk can suddenly drop, causing a strangulation hazard to small children who are opening or reaching into the trunks.  If you happen to have one of these trunks, you should definitely stop using it immediately and move it where children cannot have access to it.

Approximately 350,000 trunks which were manufactured in China and the Philippines are being recalled.  The trunks are brown or natural in color, and approximately 3′ x 1′ x 1′.  They are made of woven rattan, banana leaf or abaca and feature standard hinges.   The trunks were sold at Target stores nationwide and online from February 2009 to April 2010 at a cost of between $50 and $130.

Below are pictures of some of the trunks.  For additional photos of other models, visit Target’s website.

The U.S. Consumer Product Safety Commission has already received two reports of injuries that came about when the storage trunks’ lids suddenly closed on children.  One tragic  incident involved an 18-month-old girl who reportedly suffered debilitating brain damage when the trunk’s lid fell on the back of her neck and pinned her throat against the trunk’s rim.

Consumers should return the storage trunks to any Target store for a refund or replacement or call Target at (800) 440-0680 between 7 a.m. and 6 p.m. CT Monday through Friday, or visit their website.

If you or a loved one has been injured by a defective or recalled product, contact the Oklahoma lawyers at Carr & Carr.

Storage trunk being recalled
Storage trunk being recalled
Hinges on one of the trunks
Hinges on one of the trunks

What Would Cars Be Like Without The Civil Justice System?

During the past few months, national news has been filled with stories of car recalls.  Major car manufacturers — Toyota, Hundai, Acura, Lexus and dozens of others — have issued far-reaching recalls due to safety issues that can cause injury or even death.  And lawsuits have been filed, with the possiblity of more on the horizon.  At first, it might seem frivilous or even greedy — but in the long run, as you can see, lawsuits against car manufacturers have made autos safer for all of us.

Continue reading “What Would Cars Be Like Without The Civil Justice System?”

Why You Need an Attorney To Fight For Your Rights Against Insurance Companies

Watch this informative news story from CNN’s 360 with Anderson Cooper. Learn why you need an attorney to represent you when insurance companies are trying to reduce your ability to be fairly compensated.  Contact the OKC auto accident lawyers at Carr & Carr Attorneys in Oklahoma City and Tulsa to discuss your situation if you feel an insurance company is trying to take advantage of you. Continue reading “Why You Need an Attorney To Fight For Your Rights Against Insurance Companies”

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