According to the National Fire Protection Association (NFPA), holiday lights and decoration, excluding Christmas trees, resulted in an average of 780 home structure fires between 2013 and 2017. These traditional holiday decorations have resulted in “an annual average of three civilian fire deaths, 34 civilian fire injuries, and $12 million in direct property damage”, according to the NFPA.
Switch to LED holiday lights – According to the Electrical Safety Foundation International (ESFI), LED lights are cool to the touch and made with epoxy lenses, which are less likely to combust or break. They also save you money since they are energy efficient.
Turn off your decorations when you aren’t at home or sleeping – Though it may be tempting to wake up to the holidays each morning, you are putting yourself in danger. Make sure to turn off your holiday lights before you go to sleep or leave your residence. If your lights are off, they are less likely to start a fire in your home.
Ensure the cords for your holiday lights don’t run under furniture or rugs – If a cord is under a rug or piece of furniture, it is not releasing any heat, which could lead to a fire. Make sure your cords are in a reasonable place where they aren’t covered.
Space out your electrical outlet use – Though it is tempting to use an extension cord, try to avoid using them this holiday season. Extension cords are a common cause of house fires. If you run out of space, upgrade with an Arc-Fault Circuit Interrupter outlet or breaker in your house. Make sure to hire a qualified electrician when adding any new outlets in your home.
It is important to follow these holiday light safety tips to keep yourself and your loved ones safe during this joyous season. Unfortunately, even the most cautious of homeowners can still be hurt if the lights they buy are unsafe due to a manufacturing defect or error. If you or a loved one suffered harm due to a dangerous or defective holiday light, contact the Connecticut defective product attorneys at Jonathan Perkins Injury Lawyers at 203-397-1283 to discuss how we can help you.
-CT LAW FIRM WARNS IMPORTED MATERIALS, TOYS & CANDY POSE LEAD POISONING THREAT –
(NEW LONDON, CT) – October 19, 2018– Like most children, the little girl played a lot on her living room couch from the time she was one until she was 4 years old. Her parents knew she would sometimes chew on the couch’s fabric. What they didn’t know was that lead was used during the curing and coloring of the material used on the couch imported from China, causing the girl to suffer from lead poisoning. Connecticut Attorney Jonathan Perkins successfully concluded a case for the family and is warning people of other little-known sources of the toxic metal during National Lead Poisoning Prevention Week in October.
“Many people may think if they don’t have peeling lead paint in their homes they have nothing to worry about, but the reality is lead exposure can come from unexpected sources, ” explained Attorney Perkins, founder of Jonathan Perkins Injury Lawyers, a top accident and injury law firm. “Because lead poisoning often occurs with no obvious symptoms, it frequently goes unrecognized for years.”
Therefore, when seeking damages for exposure to toxic substances caused by a manufacturer or landlord, Perkins said it’s important to have a full record of the condition as it progressed and an expert opinion on what caused the ailments. In lead poisoning cases, there are other factors to consider. The claim will be pursued differently for instance, if the lead poisoning happened as a result of a landlord not properly warning a tenant of old lead paint or where there were improper warnings on a product.
Children at higher risk for lead exposure are those who are poor, members of racial-ethnic minority groups, recent immigrants, those who live in older, improperly-maintained rental properties, or have parents who are exposed to lead at work.
According to the Centers for Disease Control and Prevention (CDC), approximately half a million U.S. children have blood lead levels high enough to harm their health. No safe blood lead level in children has been identified. Lead exposure damages the brain and nervous system, slows development and causes hearing, speech, learning and behavioral problems. In adults, it can damage the blood-forming, nervous, urinary, and reproductive. A simple blood test is the best way to test for lead poisoning.
In addition to consuming lead paint or breathing dust particles from the paint, parents should be aware of other sources:
Toys that are made in other countries or are antique can contain lead in the paint or plastic components.
Costume or toy jewelry made with lead and sold by retailers or in vending machines will not hurt your child to wear, but they can be exposed if they put them in their mouths or if they swallow small charms.
Water contamination from lead pipes within the home. Water testing is recommended.
With Halloween around the corner, Perkins notes that lead has even been found in some candies imported from Mexico. Certain candy ingredients such as chili powder and tamarind may be a source of lead, and it sometimes gets into the candy when processes such as drying, storing, and grinding the ingredients are done improperly. Also, lead has been found in the ink used on wrappers of some imported candies that may leach into the candy.
Toxic Metal Poisoning Prevention Tips:
While treatment is available for those diagnosed with lead poisoning, some simple precautions can help avoid it:
Wash dust from hands, feet, toys and bottles after playtime, eating and before bedtime
Remove recalled toys and toy jewelry immediately from children. A list of recalled products can be found at cpsc.gov.
Fix peeling paint so that infants cannot put paint chips in their mouths.
Serve foods that have calcium, iron and vitamin C
Keep children out of renovation and building areas
Keep lead out of water by letting the tap run for one minute before drinking it
Use lead-free dishes
Renovate safely, especially in a home constructed before 1978.
Wash hands of dust before eating and sleeping
Keep dust to a minimum by mopping floors regularly and wiping window sills with a damp cloth
“While parents may follow all of these prevention steps, their homes or possessions may still be unknowingly tainted by lead,” said Perkins. “Although we cannot undo the damage of lead poisoning, we will use every resource available to ensure families receive appropriate compensation for medical expenses, loss of earnings or loss of earning capacity, and pain and suffering.”
Jonathan Perkins Injury Lawyers
Jonathan Perkins has been committed to fighting for clients who have suffered personal injuries for 30 years. The firm has handled thousands of cases and recovered hundreds of millions of dollars in damages. Jonathan Perkins Injury Lawyers represents clients in practice areas including auto accidents, product liability, dog bites, medical malpractice, nursing home abuse, premises liability, slip and fall accidents, wrongful death, workers’ compensation injuries and Social Security claims. Se habla Español. For more information or to schedule a FREE consultation, visit www.800perkins.com or call 1-800-PERKINS.
Toxic Tort Law aims to address the issues that arise when people are exposed to toxic substances to no fault of their own. This includes industrial chemicals, pesticides, lead-based paint, medicine and toxins in the environment. This law is related to and considered a subset of, personal injury law. It also often results in Mass Torts.
Claims related to this law are filed by those who were exposed to the dangerous substances. In order to file a claim, the victim must have suffered injuries and damages that are directly linked to exposure to the substance. Typically, in one of these cases, the following elements should be proven to be successful:
The substance in question is harmful in some way such as being dangerous or toxic in nature.
The plaintiff that is filing the claim was exposed to the substance. In most cases, the exposure happened either unknowingly or in such a way that could not have been avoided.
Said exposure caused harm or damage to the plaintiff.
Arguably, the most important element in one of these causes is showing causation. In other words, to be successful, the plaintiff must prove that the substance is what caused their injury, illness or other damages rather than simply proving they were exposed and that they do have some type of injury, damages or harm.
In most cases, the full extent of damage is not seen until years after the exposure. This makes it important to have a full record of the condition as it progressed and an expert opinion on what caused the ailments. However, because of the time lapse, it can be extremely difficult to show without a doubt that the condition was caused by the toxic substance. Because of this, most cases rely heavily on scientific or medical studies to prove the case.
This is done by comparing the elements of the condition and treatment plan to studies to “prove” the connection. These types of claims come in five main categories:
In lead poisoning cases, there are other factors to consider. Whether the lead poisoning happened as a result of a landlord not properly warning a tenant of old lead paint or there were improper warnings on a product, the claim will be pursued differently. If you are the victim of lead poisoning, contact our team at Jonathan Perkins Personal Injury Lawyers today.
When injury results from a product that consumers thought they could assume was safe for use, it is considered a defective product. Whether the product was a choking hazard or caused a major injury by exploding, the manufacturer is liable for what happens with their product within reason. For example, if someone misuses the product, the company is not liable. However, if they use the product in a way that a reasonable person would and are still injured, they may be entitled to compensation.
Some injuries are more likely than others. There are certain injuries that most commonly result from a defective product.
Medicine can be as defective as other products. When a medication leads to serious side effects that were not put on the label, it is considered a defective product and the victim could be entitled to compensation. In some cases, the problems with the medication are not found until the patient has been on them long term. This can lead to kidney failure, cardiac arrest, lung problems, liver failure, heart failure and even brain damage.
When a product breaks suddenly, it can lead to serious, immediate injury, which qualifies under the general umbrella of defective product injuries. Common causes include adults using a ladder or when a child is in a high chair and the product malfunctioning in some way, whether it is a piece breaking or it folding in on itself. Head injuries are also common. They are most often associated with bicycles, ladders, motorcycles and scooters.
Choking deaths are the most common amongst children. These most often come as a result of toys that have a choking hazard due to small parts. In many cases, there will be warning labels to help parents identify which toys are appropriate for their child. However, when those warning labels are not present, children are put at risk and the company is liable for damages that come as a result of their negligence.
Products designed for adults also need to be properly labeled. Products that may have faulty wiring, or have an extra risk when there is exposed wiring, or there is a risk of being electrocuted when the product is plugged in, the company must put a warning label that expresses the danger and gives information on how to avoid injury.
Have you been injured due to a defective product? You may be entitled to compensation. Contact our team today at Jonathan Perkins Personal Injury Lawyers today for more information.
While manufacturers take precaution to mitigate the risks associated with their products, there are still times when individuals are harmed due to substantial flaws that went undetected during product testing. When a consumer is harmed due to a product, they have a lot to prove to be successful, but it can be done. Knowing the laws and how they apply to your case ahead of time can alleviate a lot of stress and guarantee a more favorable outcome.
If you have suffered injury due to a lack of safety features, lack of warning labels, or a design or production failure or flaw, you could be eligible for compensation. The first step in your legal battle is to figure out if you meet the criteria to prove a product was defective and dangerous.
Types of Defects
Under the Connecticut Product Liability Act, victims of such injuries can only recover damages if they prove they have an injury, that it is the result of the product, and if it contained a defect that made it more dangerous than a reasonable person under the same circumstances would expect.
There are three categories of product defects:
Design defect. This is when the product was designed with a dangerous flaw such as a car that is prone to rollover.
Manufacturing defect. When the product was designed well but is rendered unsafe during production, it is a manufacturing defect. An example includes contaminated food.
Label defect. When a product does not properly warn consumers of its dangers or hidden risks and a reasonable person under the same circumstances would not have assumed its risk, it is a label defect.
When pursuing compensation, a jury will look at the circumstances in which a plaintiff was injured and conclude whether the product was unreasonably or unforeseeably dangerous. The goal is to hold manufacturers and designers accountable for how reliable and safe their products are to keep consumers safe.
If you or a loved one has been injured due to no fault of your own after using a dangerous product, contact our attorneys today. At Jonathan Perkins Personal Injury Lawyers, we hold manufacturers accountable for the items they place in the marketplace and aim to protect the rights of consumers.
If you have been injured because of a product you used, you may be entitled to compensation. There are three categories that claims fall into where compensation may be available to the victim of the product: defectively manufactured, defectively designed, and failure to warn about proper use or the potential for harm.
Even products that have been created well and have no flaws in their design can cause harm when the consumer is not properly informed.
Duty of Care
When this happens, you may be entitled to compensation. Companies have a duty of care to let consumers know how to properly use their products and must warn how misuse can lead to injury. For instance, if a hair remover may cause burns if left on too long, the consumer must be properly warned about the risk. Failing to do so can put the company on the hook for damages that result from leaving the product on.
In these cases, the danger must be overt. In the case of the hair remover, a consumer may assume the product is safe since it is being used on the skin. If the company knows risks increase the longer a product stays on the body, they are required to give instructions on how to avoid the burns, along with information on how to handle a situation where the product begins to burn the skin.
Misuse of Product
While you may seek damages when the product does not have proper warnings, your case may be dismissed if you misused the product. In these cases, a product was used for something other than its intended use and the instructions were clear. For instance, a manufacturer is not liable if a consumer uses an outdoor grill indoors when it is marketed clearly for outdoor use.
Manufacturers should be able to warn against foreseeable misuse, but when there is adequate warning of misuse, they cannot be held liable. They also cannot be held accountable for not warning of unforeseeable uses. For instance, it is not reasonable for a microwave company to be expected to warn consumers not to microwave a laptop, but they should be able to foresee warning them against microwaving a plastic bowl.
If you feel your injury is due to the negligence of a manufacturer, contact our Connecticut defect product lawyer at Jonathan Perkins Injury Lawyers today for a free consultation.
There are some things that just come with warmer temperatures, and going to amusement parks is one of them. It doesn’t matter whether you are visiting one of the big name destinations in Florida or California or the attractions at your local beach boardwalk, the sounds of people shrieking in delight are part and parcel of our happiest memories – at least that’s true for most of us. Though we generally associate amusement parks with joy and carefree days, there are thousands of people injured at these attractions every year, and whose memories of these visits are filled with horror. Some of these injuries are so out of the norm that they make the evening news, and we shake our heads when we hear of drownings at water parks or of people getting thrown to their death from roller coasters, but these events are rare. Much more frequently the people who are hurt suffer damage that may not be newsworthy, but can still be life changing. If you or your child have been injured on a ride or while in a park, you may be eligible for compensation for the damage you’ve suffered. Here are the most common amusement park injuries, as well as some information about what to do if it has happened to you.
When you picture an amusement park, the first things that come to mind are probably the roller coaster, the bumper cars, and all the other rides that move fast, whipping you around and making you dizzy. As much fun as these can be, they are also the rides that lead to the most common amusement park injuries. These injuries include:
Back, neck and head injuries from being thrown around in a rough ride
Falling from a ride
Being thrown from a ride
Stroke caused by injuries to the ligaments in the neck
Cuts and bruises
Brain injuries resulting from rapid speed putting G-forces on the head
In addition to the physical damage that the body can suffer while rides are operating properly, there are also injuries that can result from rides being improperly operated or from mechanical failures. When a safety element such as a seatbelt or protective bar fails to work in the middle of a ride, it can lead to serious injury. Similarly, if a ride’s brakes or speed controls fail, people can be thrown from their seats. In some cases, people are injured when they fail to listen to safety instructions or misuse a ride.
When a person is injured on an amusement park ride, they may be entitled to file a personal injury lawsuit based on either negligence on the part of the park owner or operator, or a product liability lawsuit against the manufacturer of the ride itself. For more information on your legal rights, contact the compassionate attorneys at Jonathan Perkins Injury Lawyers for a free consultation.
There are few things to compare to the misery of being sick to your stomach. Our digestive systems are tremendously sensitive to things that don’t belong in them, and will strenuously reject both viruses and bacteria. A stomach virus is a contagious illness that can be spread from person to person, while other digestive system illnesses can be caused by bacteria or parasites that are generally transmitted through the food that we eat. Though the only things that can be done to protect yourself against a stomach virus are to practice good hygiene around an infected person and to carefully wash hands and all surfaces or objects where viruses may remain after having been touched by a contagious person, the same is not true of food poisoning. Food poisoning only happens when harmful organisms are transferred into food, whether before or during the time they first enter the market, the way that they are stored or handled on the way to market, or during the course of preparation. If you are feeling ill, it is important that you understand whether you are suffering from food poisoning or the flu. This is not only essential for making sure that you get the appropriate medical treatment, but also so that you know what legal options may be available to you.
The symptoms of a stomach virus generally include diarrhea, nausea and vomiting, loss of appetite and stomach cramps. Many people will also experience headaches, body aches, low-grade fever and dizziness. The symptoms generally appear over a gradual period of time, and often in an environment where other people are also ill. By contrast, food poisoning appears within six hours of eating. Though it is not something that is shared by people in the same environment, it can be shared by people who have eaten food from the same source, whether that is food purchased at a market or prepared by a restaurant (or even in your own kitchen).
Food poisoning can be minor and can clear up very quickly, often in a matter of a few hours to a few days. It can also take a much more serious turn, requiring hospitalization. It may even lead to serious physical injuries. In any given year, of the 48 million Americans who suffer from food poisoning approximately 128,000 will require hospitalization and 3,000 will die. Food poisoning is particularly dangerous for people who have weak immune systems, as well as for infants, children and the elderly.
People who have been impacted by serious and harmful food poisoning do have the right to sue those who are responsible. This may be a restaurant, a retailer or a wholesaler that sells contaminated food products. A personal injury lawsuit would seek compensation for damages suffered, including medical costs, lost wages, and other expenses incurred.
If you have suffered these types of damages as a result of food poisoning, the attorneys at Jonathan Perkins Injury Lawyers can provide you with all of the information you need about your rights and the compensation to which you may be entitled. Call us today to set up a free consultation.
Cell phones have been very much in the news these days, and it hasn’t been about the latest technology update. Samsung phones have been exploding, causing property damage and injuries and forcing the manufacturer and several cell phone carriers to pull them from the shelves. Though Samsung is getting most of the attention these days, the issue of exploding cell phone batteries and lithium batteries is hardly new. The lithium ion batteries that power many of our electronics are marvels of engineering, but they also have the potential to generate an enormous amount of power, and when something goes wrong it can have serious consequences. If you have suffered an injury as a result of an exploding cell phone battery, laptop battery or other incident involving one of these high-energy devices, the experienced lawyers at Jonathan Perkins Injury Lawyers can help.
Lithium batteries are used in cell phones, e-cigarettes, laptops and other electronics specifically because they are so versatile. The technology that was used to create them allows them to be created in a variety of shapes: they are also extremely lightweight, while providing an enormous amount of power. We value them because they give us so many hours of use for the devices that we rely on so heavily. Unfortunately, the design and manufacturing process has turned out to be far from perfect, and there have been several instances of people suffering severe injuries when their cell phone batteries exploded. Some examples include:
A cell phone battery that was less than one-year old that exploded while the user had left her phone sitting face up on a side table next to her bed. The phone was not charging when it exploded. Though the woman was not injured, the explosion caused her mattress and bedding to burn.
A man in Vancouver, Canada was killed when he left his laptop on a couch to charge overnight. The battery caused a fire that resulted in the fatality.
A man in South Korea had a spare battery for his cell phone in a pocket when it burst into flame, causing him severe burns.
The U.S. Fire Administration has reported that e-cigarettes that contain lithium batteries can burst into flame and have caused serious injuries, including burns, loss of teeth, and in one case a consumer lost their tongue.
Airlines have begun to prohibit lithium batteries within their cabins specifically to protect their aircraft and passengers from the risk of injury. When a cell phone battery explodes and causes harm, it may be a result of a defective design or a problem in the manufacturing process. Both of these are issues of product liability, and the manufacturer or designer can be held legally responsible for the damage that ensues. If you or someone you love has suffered a cell phone battery injury or an injury caused by a lithium battery, call the experienced product liability attorneys at Jonathan Perkins Injury Lawyers today. We are dedicated to getting personal injury victims the compensation that they need and deserve.
Defective products lawsuits focus on holding those responsible for bringing products to market responsible and accountable to consumers. The basic idea behind this type of lawsuit is that manufacturers, designers, and others in the supply chain need to be mindful of the safety of the consumers that will be purchasing and using their product. This mindfulness goes to anticipating how a product will be used and whether it can cause harm. When this duty of care is not upheld, and it is determined that a company acted in bad faith or negligently, then they can be held liable for the damage that they have caused. At Jonathan Perkins Injury Lawyers, we are passionate about seeking justice on behalf of the victims of negligence.
If you want an idea of what kind of dangers defective products can cause, consider some of the examples that follow. They represent some of the more notable and interesting examples of defective products/product liability cases in the history of the American justice system.
Big Tobacco: The cigarette manufacturer Philip Morris was sued by a woman who had been diagnosed with lung cancer. Her lawsuit accused them of failing to warn of the risks of smoking and accused them of causing both her illness and her addiction to tobacco. She won, and the company was handed a judgement of $850,000 in compensation for expenses and $28 billion in punitive damages. The amount was later reduced to $28 million.
Silicone Breast Implants: Breast implants are one of the most popular, most requested cosmetic surgical procedures in the United States, but in 1998 it was proven that Down Corning’s silicone implants were rupturing and causing serious injuries and illness, and in some cases even death. The company settled their defective product lawsuit out of court for $2 billion.
Blitz Gas Cans: Not many people have heard of Blitz, but the portable gas cans manufactured by this Oklahoma company were found to explode when used to pour gas to start a fire. The company paid an average of $4 million in more than 30 defective products injury cases against it, and was forced out of business.
McDonald’s Hot Coffee Case: This infamous case involved a 79-year old woman who had ordered coffee at McDonald’s. She was severely burned when the hot beverage spilled on her lap, and required skin grafts and two years of medical treatments to follow. The case charged McDonald’s with serving coffee heated to 180 to 190 degrees, which was significantly higher than that of other companies and which made the risk of injury far greater. The jury agreed and awarded the victim $160,000 in compensable expenses and $2.7 million in punitive damages.
Companies that sell products to consumers have a responsibility to make sure that their products are safe and will not cause harm. When they fail to do so and injury occurs, the person who has been injured can file a defective product lawsuit seeking damages. If you have been hurt by a product that was not safe, contact the attorneys at Jonathan Perkins Injury Lawyers. We are here to protect your rights and make sure you get the justice you deserve