Over 150,000 Chrysler/Jeep Vehicles Recalled for Brake Defect
Fiat Chrysler Automobiles is once again issuing a recall for several makes, models, and years of SUVs and minivans in its fleet, but so far the defect in question hasn't injured the people driving these affected vehicles. Let's take a closer look at what's happening. Who Makes This Product? Anyone who glances at the news...
Why Are People Defending Clerk in Fatal Atascocita Crash?
Don't sell alcohol to minors. Could there be a less controversial law? Apparently, for some internet pundits prohibitions against selling alcohol to minors is a little more nuanced that most of us think it is. Allow me a moment to explain what happened. July 25th, a car allegedly driven by the allegedly intoxicated Jagger Smith,...
Fentanyl, The Opioid Crisis, and Products Liability Law
You've probably heard or read the phrase "opioid crisis" in the news. Better and more careful explanations of the growing worldwide problem are available with a quick Google search. For now let me just say that one of the panic's major elements is the pharmaceutical opiate fentanyl. Everyone from medical professionals to government agencies seem...
Garland Apartment Complex in Hot Water Over Murky Pool
It's been big news in Dallas that a 4-year-old Garland girl, Mariah Anthony, drowned in a pool at the Meadow Creek apartment complex this past Sunday. This incident was different than most other pool drownings, because the media and emergency response personnel both noted how murky the water in the pool was. One news outlet...
Fiat Chrysler Recalls Millions of Vehicles for Cruise Controls That Might Not Disengage
Fiat Chrysler is once again making headlines with a sizable and serious recall. While previous recalls involved everything from fire hazards to disabled seatbelt pretensioners, ranging in scope and severity, the newest recall apparently involves a software bug that could keep a vehicle's cruise control engaged even when the driver tries to cancel it. That's...
Is Viva Tacoland Partly Liable for Its Employee’s Alleged Crime?
According to San Antonio news outlets, a bartender at the Viva Tacoland bar stands accused of "spiking" the drinks of two female patrons of the bar on March 25. 30-year-old Dillonger Hackett was arrested on Monday April 23 for allegedly drugging the shots and then accompanying the intoxicated women to their nearby hotel, where they...
Positive Train Control: What Use is an Inactive or Absent Safety Feature?
The past few months have certainly not been good for trains. Multiple high-profile wrecks--three in as many months--have brought the public's gimlet eye down upon Amtrak, one of the most recognizable names in train transportation. For those who don't follow the news (who could blame you these days?), here's a quick summary of the most...
Is There Any Way a Truck Driver Isn’t Responsible for a Detached Trailer?
One of the most dangerous categories of truck accidents is when the trailer becomes detached from the truck. When this happens, it instantly places the equivalent of a multi-ton boulder in the path of every other vehicle on the road. Even drivers in the largest trucks on our highways have little chance of escaping serious...
Florida Casino Boat Fire Presents A Tricky Legal Situation
It was all over the news recently when a casino boat in Florida caught fire, resulting in the death of Carrie Dempsey, 42, and leading to at least 8 other injuries. At first, I had no intention of writing about the accident, which seemed likely to be a straight-forward case of a negligent boat operator...
Many News Reports Ignored an Important Detail About A Drunken Waffle House Adventure.
We've often had to counsel people not to believe everything they see in the news. While I do believe that reporters make good-faith efforts to get the facts straight, it's still unavoidably true that wires get crossed and misinformation is occasionally conveyed as truth. Sometimes the stories only get benign details like a name's spelling...
From NutriBullet to NutriBomb: Multiple Plaintiffs File Suit Over Alleged Blender Explosions, Injuries
Fans of kitchen gadgets and doodads, prepare yourselves for bad news: A series of lawsuits have been filed against the makers of the high-powered infomercial-famous NutriBullet blender--sorry: "Nutrient Extractor." Dearly as I love a good extracted nutrient, the lawsuits make troubling claims that several of the products have seriously and harmfully malfunctioned during use. The...
Can’t Take the Heat: Climate Scientist Sues Publication Over Hurt Feelings
Like many people, I don't have a lot of respect for anyone who smugly insists he's right and then gets deeply, viscerally offended if anyone disagrees. The minute some pundit reproaches someone for citing data that pokes holes in his argument, I just see red. I don't think it's asking too much to have one's...
We Didn’t Stop the Fire: Millions of Extinguishers Recalled for Potential Serious Malfunctions
On November 2 the U.S. Consumer Products Safety Commission (CPSC) announced a recall of tens of millions of fire extinguishers for several potential malfunctions that might prevent them from being used effectively on fires. Tragically, these malfunctions have already led to one fatality and easily could cause others before the recall can gain significant traction....
If South Carolina Can Mandate Liquor Liability Insurance, Why Can’t Texas?
Good news, South Carolinians! Legislators in your state passed a law in June requiring bars and restaurants that sell alcohol past 5 p.m. to have liability insurance policies of at least $1 million. Under the new law, these businesses will need to show proof of such a policy before they are able to obtain or...
Tapped Out: Man Served Toxic Beer, Triumphs Over Finger-Pointing Defendants
Just about any business will try to deflect the blame for an accident wherever else it can manage. Here on the blog I mostly talk about it in relation to trucking firms and their insurers, but it's certainly not limited to the transportation industry. Nobody wants to be the bad guy, especially if it means...
BTI Recalls AR-15 Parts Kit for “Incorrect” Part That Could Cause Misfires
The AR-15 platform is a weapon system well-known for its accessories and customizability. Be it paint jobs, picatinny rail attachments, or custom inner workings, you could spend all day looking at AR-15s and not see the exact same one twice. Whole kits are even sold to replace large portions of the guns at once, which...
Give Them an Inch: Subway Class Action and Tort Reform
Though I strongly believe in the workings of the legal system, I won't try to deny that frivolous litigation exists; I just try to emphasize that the system handles it appropriately. For instance, in 2013 a class action was filed against the Subway sandwich chain when the dimensions of their "foot long" subs were called...
Strong Winds: Acts of God and “Acts of God”
Hurricane Harvey may have dissipated, his awful work complete, but no sooner did the vicious storm subside than his girlfriend Irma turned up to continue in his absence. My heart goes out to those suffering through the intense rains and flooding, the gale-force winds, and the cumulative threat to life and property. Sadly, the Gulf...
The Lesser of Two Evils in the Law: Alabama Edition
It's often a throwaway line when people write that "we have the best justice system on earth, even though it's not perfect." While those of us who write about the law for a living often extol the virtues of our legal system, it's easy to lose sight of the fact that sometimes the law is...
Drop Danger: SIG Sauer P320 Gets Recalled “Voluntary Upgrade” Program
Shooters beware: Adding to the unsettling category of weapons that are dangerous in ways other than they're designed to be, Swiss-German firearms manufacturer SIG Sauer Inc. has issued an advisory--not a recall--about one of its popular pistol models. While I always applaud a proactive effort to prevent injury or death, a couple of details about...
