Kentucky Injury Law Blog

Earlier this month, Toyota again recalled a large number of vehicles due to safety concerns. This recall is a result of potential steering problems in vehicles that have V6 engines. The more than 420,000 vehicles affected in the United States include Camrys, Avalons, Siennas, Highlanders, and a few Lexus models with model years ranging from 2004 to 2006. No accidents have been reported in connection with this recall, but the issue could cause a warning signal to light up, an unusual noise to occur, and the ability to steer could be compromised. Recall notifications will begin to be distributed to affected Toyota owners in January 2012, but people are encouraged to make a service appointment if they experience of these issues before they receive the recall.

This latest recall is reminiscent of the vast recall Toyota began in February of 2.17 million vehicles with potential defects that could cause dangerous unwanted acceleration. The most recent recall brings the total number of Toyota recalls to over 13 million since 2009. Unlike the recent steering problem that has caused no known accidents, the uncontrollable acceleration involved in the earlier recall is thought to have caused accidents involving injuries and even death, and has been the subject of numerous lawsuits.

One such lawsuit was filed by the husband of a woman who was killed when the 2009 Corolla she was driving suddenly accelerated and crashed into a cement barrier. The lawsuit claims product liability and negligence by Toyota, the company that provided the electronic sensors for the vehicle, and the dealership that leased the car to the victim. Product liability arises when an individual or company sells a product that is defective in a way that it is dangerous and could cause harm to the consumer or his property. Product liability can be claimed even if the seller is unaware of the defect in the product. Negligence occurs when the sellers and manufacturers do not fulfill their duty to ensure the products they are offering are safe. Not notifying consumers about the potential dangers of a product once they are discovered also constitutes negligence. This particular case claims that Toyota and the parts makers were negligent because not enough testing was done on the products to ensure they were safe. Toyota and the dealership were negligent because they were aware of the issues before the victim leased the car, but did not tell her about the potential risks associated with driving the vehicle.

Continue reading "Latest Product Recall by Toyota Puts Product Liability in Spotlight" »

In Fayette Circuit Court, the mother of Kiah Milsom, the 14-year-old girl who died of a severe anoxic brain injury after drowning in the pool of a condominium complex in Lexington, Kentucky, is suing Aintree Condominiums Inc. for wrongful death.

Kiah and her friends had trespassed onto the condo complex property on July 20, and they were swimming in the pool at around 4am when her arm got sucked into the pool’s drain. Kiah reportedly was underwater for about 20 minutes until emergency workers, who were summoned, were able to free her. She sustained a traumatic brain injury from the accident and died several days later at the University of Kentucky Hospital.

In her lawsuit, Kiah’s mother Lisa Ann Scott accuses the condo complex owners of negligence and states that they either knew or should have known that the pool drain pump was dangerous. By law, a pool drain is supposed to have a properly secured cover, and the lawsuit contends that the pool’s drain cover was missing.

Premises Liability
Property owners are supposed to make sure that there are no unsafe conditions on a premise that could lead to serious injuries or death. Failure to fulfill this duty of care can be grounds for a Kentucky premises liability lawsuit if someone is injured or dies.

Dangerous Pool Drains
Pool drains have been known to cause serious injury or death if they are not properly covered and secured. Over the past three decades, there have been reports of a number of incidents where children, in particular, have gotten stuck in a pool drain and have been unable to release themselves. Serious injuries have included intestines being pulled from the trapped person’s body, near drownings, traumatic brain injuries, and deaths. It is important that you speak with Kentucky personal injury lawyer to determine whether you have grounds to file a claim against any negligent parties.

Mother of drowned girl sues condo owners, Bluegrassbeat.com, August 22, 2008

Teen dies of injury from pool accident, Kentucky.com, July 27, 2008

Related Web Resources:

The Virginia Graeme Baker Pool and Spa Safety Act

'She Died in My Arms': A Mother's Mission for Safe Pools, ABC News, July 23, 2008

In Jefferson Circuit Court, Judge Barry Willet has ruled that the two girls that were sitting with Kaitlyn Lassiter, the then 13-year-old girl whose feet were severed while riding the Superman Tower of Power ride at Six Flags Kentucky Kingdom last year, can join in the Lassiter family’s personal injury lawsuit against the amusement park.

Arin Valsted and Blair Johnson are friends of Kaitlyn, and they were sitting next to her when the accident happened on June 21, 2007. They sustained bruises and cuts during the incident and continue to seek counseling. The two girls are seeking damages for medical costs, pain, and emotional trauma.

While the judge is allowing Arin and Blair to join the lawsuit, their parents, who had wanted to sue the Six Flags park for emotional trauma and travel costs incurred while helping their children recover from their injuries, cannot join the suit.

The Lassiter family filed an amusement park accident lawsuit against the Louisville park after a cable that snapped on the ride severed Kaitlyn’s feet. Their lawsuit contends that Six Flags could have prevented the serious injury accident if they had properly maintained the ride. The ride is no longer in operation and state officials are citing a faulty cable and the amusement park operators slow response during the incident as causes of Kaitlyn's serious injuries. A personal injury trial is scheduled to begin in January.

While thrill rides at amusement parks can be a great source of enjoyment for children, they can also lead to serious, even fatal injuries, if a ride malfunctions or a ride operator makes a mistake.

Injuries to Minors
In Kentucky, an injured minor cannot file a personal injury lawsuit without the assistance of a parent, a guardian, or another adult.

Kentucky Kingdom Suit Expands, Courier-Journal.com, August 5, 2008

Judge: Teens can join Kentucky amusement park suit, WHAS.com, August 4, 2008

Related Web Resources:

Factors in ride accident cited, Courier-Journal.com, May 31, 2008

Read the Six Flags Accident Report (PDF), WHAS.com

A good personal injury lawyer can determine whether your child was injured because a driver, a doctor, a product manufacturer, an amusement park, the owner or a business or residence, or another party was negligent.

In Kentucky, Alison Cox Pregliaso, a Louisville mother, is suing Crocs Inc, for her 3-year-old daughter’s personal injuries. Pregliaso’s daughter sustained permanent injuries last month when her foot got caught in an escalator at Hartsfield-International Airport in Atlanta, Georgia. Her daughter was wearing Crocs footwear.

Not only did the shoe get shredded, but Pregliaso says that her daughter’s big toe broke and its skin was ripped off. Pregliaso is suing the company for $4 million in punitive damages.

According to the personal injury lawsuit, filed in Kentucky in federal court, Pregliaso is accusing the manufacturer of trying to blame the children or parents for her Crocs-related injuries. This is not the first time a child has been injured while wearing Crocs. In February, the parents of a 3-year-old injured at John F. Kennedy Airport in New York sued Crocs for $7 million. In another Crocs-related injury accident last September, a 4-year-old Croc wearer got hurt when his foot got caught in a mall escalator.

Earlier this year, the Consumer Product Safety Commission found that there have been at least 77 escalator entrapment incidents since January 2006 involving soft-sided flexible slides and clogs. Although the report did not name Crocs directly, the CPSC said that the shoe line is part of this category of shoes.

In Japan, the Trade Ministry asked the Crocs manufacturer to change its design following 65 complaints of escalator accidents over a six-month period involving mostly children using Crocs and fake Crocs.

If you or your child were seriously injured because of a defective product, it is important that you speak with an experienced Louisville, Kentucky products liability law firm that can help you evaluate your case during your free consultation. A good defective products lawyer can assess whether a defect occurred during the design, manufacture, or marketing process. The responsible party can also be held strictly liable for the injury accident even if they didn’t do anything negligent but the product still proved dangerous for use.

Crocs cited in lawsuit over girl's injuries at airport, AJC.com, July 2, 2008

Crocs and similar soft shoes linked to escalator entrapments, Consumer Report, May 20, 2008

Related Web Resources:

Crocs Inc.

Crocs shoes dangerous on escalators, The Japan Times, April 19, 2008