The U.S. Consumer Product Safety Commission (“CPSC”) announced that Hewlett-Packard (“HP”) has agreed to pay a civil penalty of $425,000. The CPSC had alleged that HP knowingly failed to report immediately to CPSC, as required by federal law, that certain lithium-ion battery packs could overheat, posing a fire and burn hazard to consumers.

CPSC alleged that by September 2007, HP knew of about 22 incidents associated with the lithium-ion battery packs. At least two of these incidents resulted in injuries to consumers. HP also was aware that at least one consumer apparently went to the hospital. HP did not notify the CPSC about the incidents or the study until July 25, 2008. By that time, CPSC staff alleges that the firm was aware of at least 31 incidents involving the lithium-ion battery packs.

Federal law requires manufacturers, distributors, and retailers to report to CPSC immediately (within 24 hours) after obtaining information reasonably supporting the conclusion that a product contains a defect which could create a substantial product hazard, creates an unreasonable risk of serious injury or death, or fails to comply with any consumer product safety rule or any other rule, regulation, standard, or ban enforced by CPSC.

A four vehicle pile-up sent two to the hospital last Wednesday, Jan. 18th. Campbellsville Police reported that Sean Nelson had stopped his vehicle in front of the entrance to Taylor County Animal Shelter when he was rearended by Ricky Judd. Judd’s vehicle was then rearended by a 2002 Ford Taurus driven by Andrea Coomer. Coomer’s vehicle was then rearended by a pickup truck driven by Ethen Spencer.

Coomer and her passenger, Stephanie Thomas, 26, of Elizabethtown were transported to Taylor Regional Hospital by Campbellsville/Taylor County EMS personnel. Both were treated and released.

The U.S. Consumer Product Safety Commission, in cooperation with Blount International Inc., of Kansas City, Mo. have announced a recall of its Oregon® Replacement Lawnmower Blades Consumers should stop using recalled products immediately unless otherwise instructed. It is illegal to resell or attempt to resell a recalled consumer product.

About 950 of the blades in question were sold; the problem being that the replacement lawnmower blades can break during normal use, which obviously poses a problem for anyone who might be standing nearby. There have been a reported seven (7) incidents of the blades breaking, luckily no one has been injured.

The replacement blades are sold under the Oregon® brand name. “Oregon®,” part number “91-003″ and “PA” or “PJ” are printed on the surface of the recalled blades.
They are sold at Independent lawn and garden sales and service stores nationwide from January 2010 through September 2011 for approximately $20.

A wreck in Clay County today has reportedly killed one woman and injured two others.

Police have indicated that Sherri Turner, age 39, turned in front of an oncoming car at the intersection of Hwy 80 and Add Hollow Road around 6:30 p.m. She was pronounced dead at the scene. Ashtin Turner, age 4, was a passenger in Ms. Turner’s car. The child and the driver of the second vehicle, Sophia Feltner, age 70, were flown to UK Hospital.

Officials say the child is in critical condition. Feltner was listed in serious condition.

The crash remains under investigation. Our hearts go out to all involved.

The parents of Alex Brown, a Texas teenager who was killed in 2009 when she lost control of her vehicle due to texting while driving, were recently in Kentucky speaking to teenagers at high schools to warn them of the dangers. As a vivid example, they bring the pickup truck Alex was driving preserved from the day of her accident.

The government web site dedicated to the issue, www.distraction.gov, provides that drivers are 23 times more likely to crash if texting while driving and teenagers, as a group, are more likely than any other to be involved in a fatal crash when texting while driving.

The Browns have spoken to groups in 26 states so far and have engagements into next year already. The foundation they started to carry out their mission is the Remember Alex Brown Foundation.

This spring, the American Association for Justice is planning a Distracted Driving campaign in which lawyers all across the country will simultaneously visit schools to discuss this issue. It will take place over one week in April.

Tiffany Bowmer, age 20, from Florence, Kentucky was killed Sunday in a wreck in Vernon Parish, LA.

The wreck happened just before 4 a.m. on U.S. Highway 171, north of Rosepine.

Police have reported that Ms. Bowmer was traveling in a car driven by 20-year-old Cody A. Bundy, of Burlington, Ky., when Bundy lost control and left the right side of the road, went into a ditch and hit two trees.

Bundy was taken to an area hospital for treatment and reportedly received moderate injuries.

According to police, Bowmer was not wearing a seatbelt and was pronounced dead at the scene.

It is important to note that police often determine a victim was not wearing a seat belt simply because the victim was ejected or otherwise moved from their seat. However, that is not always the case. Often times, a seat belt was not in proper working condition at the time of the wreck, or was not designed to withstand a certain amount of force. An experienced attorney will hire an accident reconstructionist to examine the vehicle, the scene, and all the evidence, to determine how and why the wreck really happened and if the injuries to the victim could have been prevented.

38 year old Michael Amick of Louisville sustained serious injuries when a car stuck him after he was knocked into oncoming traffic by a cyclist. Mr. Amick was walking across the Clark Memorial Bridge a.k.a. the Second Street Bridge as is his daily custom from his home in Louisville to his job in Jeffersonville, IN and back. The cyclist was riding on the sidewalk and collided with Mr. Amick sending him into the roadway where a car could not avoid striking him. He sustained head trauma and abdominal injuries that required emergency surgery.

The accident occurred close to the Indiana side of the bridge. The Jeffersonville Police Department, which responded, stated that bicycles are not permitted to be ridden on sidewalks.

Hopefully, Mr. Amick will make a speedy and full recovery and those responsible for the harms and losses he has suffered have adequate insurance coverage to make it right.

The location of this accident gives rise to interesting questions about which state’s law will apply. I previously posted about this in relation to another accident on this bridge. If you look at Google Maps with the state borders, and assuming it is accurate, there is actually shoreline in on the north shore of the Ohio River that is technically Kentucky.

Why does it matter? Well, the laws of the State of Indiana and the Commonwealth of Kentucky when it comes to a car accident case can and do vary greatly. For example, Kentucky has a no-fault system designed to provide no-fault or personal injury protection (PIP) benefits and Indiana does not. The statute of limitation for the states differs, as well.

An attorney experienced in handling car accident cases should be able to determine the correct law that applies to any given case and pursue the case in the most advantageous way possible under the law for his client. One important question to ask is in what states the attorney is licensed to practice. If he or she determines that a state’s law in which he or she is not licensed to practice applies to a case, then the lawyer should disclose that to the client, and he or she should consider hiring an attorney who is licensed in the state whose law will apply.

It is being reported that one person was killed Friday morning in a three vehicle accident on northbound I-65 near Sellersburg, Indiana. State police said that at approximately 8:30 a.m., a vehicle struck the rear of a tractor-trailer parked on the shoulder. Northbound lanes of I-65 near Sellersburg were closed at 9 a.m. The authorities have not released any information that would explain exactly why this wreck occurred, but with any fatal wreck an accident reconstructionist should be consulted.

We use our blog as a forum to educate the public using real life events. However, we are very sensitive to the fact that these real life events have resulted in a tragedy that will inflict great pain and sorrow on those involved and those close to the victim(s). As such, we understand that they may not approve, and we will immediately remove a post if a victim or their loved ones makes that request.

The U.S. Consumer Product Safety Commission, in cooperation with Giant Bicycle, Inc., has announced a recall of the 2012 Model Year “Giant Defy Advanced and Avail Advanced Bicycles.” There were an estimated 900 bicycles sold to the public.
Consumers should stop using recalled products immediately unless otherwise instructed. It is illegal to resell or attempt to resell a recalled consumer product.

The problem with the bikes stems from the potential for the “fork” portion of the bicycle to crack or come apart with could result in a fall for whomever the rider happens to be.
The U.S. Consumer Product Safety Commission, in cooperation with Giant Bicycle, Inc., has announced a recall of the 2012 Model Year “Giant Defy Advanced and Avail Advanced Bicycles.” There were an estimated 900 bicycles sold to the public.
Consumers should stop using recalled products immediately unless otherwise instructed. It is illegal to resell or attempt to resell a recalled consumer product.

The problem with the bikes stems from the potential for the “fork” portion of the bicycle to crack or come apart with could result in a fall for whomever the rider happens to be.
The bikes in question were distributed by Giant Bicycle dealers nationwide from August 2011 through November 2011 for between $3,000 and $4,550.

The bikes in question were distributed by Giant Bicycle dealers nationwide from August 2011 through November 2011 for between $3,000 and $4,550. Consumers should contact any authorized Giant Bicycle dealer for a free inspection and replacement of the fork.