Tag Archives: personal injury lawyer

Injury lawsuits may follow claims of injury and illness caused by vaping

New York – Vaping illness is a growing concern in New York, much as it has become a concern throughout the world. The various vaping, or electronic cigarette, products only began being marketed approximately 13 years ago. Inadequate long-term information on the health effects of these e-cigarettes is available, despite the widespread marketing of these products to consumers. Outrage has been brewing amongst safety advocates, especially due to the marketing tactics used to get children, teens and adults hooked on these products. Some have accused manufacturers and retailers of vaping supplies of targeting audiences of people who would have avoided any form of smoking. They claim that the manufacturers and sellers of these products make possibly false claims about the health and safety of their products. It has now been noted that there are possible links between vaping and lung illness, such as asthma and even chemical pneumonia. Other research indicates a possible brain injury or chemical connection that causes seizures due to vaping. Further research is needed and ongoing according to scientists and doctors.

In the meantime, lawmakers and regulators have been looking closely into the topic. Several lawsuits have already been filed against the makers of vaping products. In addition, there have been in-depth discussions and lawsuits filed against deceptive marketing techniques that target innocent victims. A personal injury lawyer in New York has expressed concern regarding vaping lung illness connections as well as the possibility regarding seizures being caused by electronic vaping cigarettes. The injury lawyer specialist notes that injury lawsuits may be filed, including a class action lawsuit, if indicated. You can see this article for more information regarding this possible dangerous product.

Photo for illustrative purposes only. Jacek Halicki [CC BY-SA 4.0], via Wikimedia Commons

Food poisoning involving salmonella-contaminated chicken

New York – At least one victim has died and nearly twenty more food poisoning victims fell ill according to reports from health department officials. Hospitals have reported that at least 8 people have been admitted to a hospital due to the severity of their illness. Chicken products produced by one company have been noted to be contaminated with salmonella and are being blamed as a likely source of this outbreak. The majority of the victims of this salmonella outbreak are from New York but other states have also been affected. This has led federal health and food safety inspectors to issue an urgent warning about the dangerous situation. The Empire chicken company has not issued a product recall at this time, leaving consumers fearing for their health and safety. Some feel that it would be negligent not to properly warn consumers of the health risk. In the meantime, safety advocates say that all food suppliers must make significant steps in ensuring the safety of the food supply, especially for fresh foods such as poultry, meat, eggs, fruits and vegetables. Food poisoning victims are encouraged to seek urgent medical attention when necessary. In addition, someone who becomes sick due to someone else’s possible negligence can speak to a personal injury lawyer to discuss their rights. Family members of someone who suffered a wrongful death should also consult an attorney who specializes in malpractice and personal injury lawsuits. Read more about this health hazard here.

Photo for illustrative purposes only. Photo Credit: Michael Eccles [License]

$350,000 Settlement :: Woman Suffers Burns From Apartment Bath Tub

New York — This 63-year-old woman suffered severe burns when she was scalded by burning hot water in the bathtub of her Manhattan apartment. She was upset with the building’s manager and owner for keeping the water in the boiler so dangerously hot. After consulting with an personal injury lawyer expert at Morrison & Wagner, the woman decided to sue the building’s owner and manager for damages. They recovered $350,000 in a successful settlement.

Illustrative Photo Credit: Laurel Kate Sittig [License]

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Apartment’s tenant scalded in tub, claimed boiler was defective (VerdictSearch)

Settlement Amount: $350,000

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Court: New York Supreme, New York County, New York

Injury Type(s): leg; burns – third degree; surgeries/treatment – skin graft

Case Type: Premises Liability – Apartment, Tenant’s Injury, Negligent Repair and/or Maintenance

Date: January 24, 2011

Plaintiff Attorney(s):
Eric H. Morrison; Morrison & Wagner; New York, NY

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On Jan. 31, 2008, the plaintiff, a 63-year-old unemployed woman, was scalded while she was bathing in her residence, an apartment building that was located in the Hamilton Heights section of Manhattan.

The woman sued the building’s owner and the building’s manager. She alleged that the defendants were negligent in their maintenance of the premises.

The injured woman claimed that she entered her bathtub while the water was running at a comfortable temperature, but that the water’s temperature quickly reached a scalding level. The plaintiff’s counsel retained a boiler-safety expert, who examined the building’s water heater and claimed that its thermostat was set to 180 degrees Fahrenheit — 55 degrees greater than the temperature that had been recommended by the boiler’s manufacturer. The burn victim’s counsel also suggested that the thermostat may have been defective.

Defense counsel contended that the New York City Administrative Code specified that the thermostat’s setting had to exceed 120 degrees. She also contended that the building’s tenants had been told that they were not to bathe without first filling the tub and checking the water’s temperature. She claimed that the building’s staff had not received any written complaints of scalding water.


The plaintiff claimed that she sustained third-degree burns of her legs. She underwent the application of grafts of skin, and her treating surgeon opined that the legs have healed without any scars or residual effects.

The injury victim sought recovery of damages for her past pain and suffering.


Defense counsel moved for summary judgment. She contended that New York law specifies that an apartment building’s tenant retains a duty to temper hot water prior to use. In response, plaintiff’s counsel contended that a jury would have to consider the possibility that the boiler’s thermostat was defective. During pendency of the motion, the parties negotiated a settlement. The defendants’ insurer agreed to pay $350,000, from a policy that provided $1 million of coverage.

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Judge: Richard F. Braun

Editor’s Comment: This report is based on information that was provided by plaintiff’s and defense counsel.

General Motors braces for more faulty ignition switch lawsuits

A dangerous product recall for defective parts in many General Motor (GM) vehicles has been in place for nearly a year. The car recalls have expanded since then, encompassing many car models manufactured as early as 2003 and as recently as 2011. Records show that well more than 300 wrongful deaths and more than 2,700 car accident injuries have been blamed on the defective car parts causing a crash. An administrator has been instructed to sort through the claims and lawsuits, in an effort to compensate the victims. At least 50 of those car crash death cases and 75 of the personal injury cases have been determined as eligible for compensation by the company. However, a deadline has been set for injury victims or the family of someone killed in a car collision to file a claim against the car company. GM has reportedly braced for a possible increase in the number of last minute claims and accident lawsuits against them in the coming days. Some of the injured people have sought the assistance of personal injury lawyer experts in order to make sure that they recover the money that they deserve. Analysts believe that the company has been trying to settle the lawsuit cases quickly, before the results are published from investigations into how much and when the car manufacturer knew about the dangerous situation regarding the flawed ignition switches. Accusations have circled for some time that the company were negligent by ignoring the known problem for many years, leading to many additional motor vehicle crashes. For further details about the ignition switch recall program, please see this article.

Illustrative photo by Ballista on en.wikipedia [CC BY 3.0], via Wikimedia Commons