Norfolk-Portsmouth Personal Injury Lawyer - Defective & Dangerous Products

Hampton Roads toxic drywall victims take their battle to state insurance officials

John Cooper — Sat, 21 Nov 2009 18:07:56 GMT

Hampton Roads homeowners saddled with toxic Chinese drywall are facing another challenge: Getting home insurance companies to cover their losses.

"I always thought insurance would cover this,” homeowner Larry Ward told WAVY-TV earlier this week. “I went right to my insurance company asked them about this. Evidently there are some exclusions in every policy.”

I wrote about this difficult issue in October, and my colleague Jim Lewis wrote about a tour federal officials took of Chinese drywall-afflicted homes in Hampton Roads.

Many insurance policies have “pollution exclusions,” often taken to refer to something outside the home – a chemical spill, for example – damaging the inside of the home.

But it’s not clear whether pollution exclusions cover the damage caused by toxic Chinese drywall. However, insurance companies have denied toxic Chinese drywall claims in other states by citing the pollution exclusion.

State insurance officials in Virginia are studying the issue; Virginia Beach City Councilman Bill DeSteph wants the state insurance commissioner to rule that the pollution exclusion can’t be applied to Chinese drywall. DeSteph has also been lobbying on behalf of residents in the General Assembly.

Meanwhile, Ward has had to abandon his home, fearing for the safety of his children. Repair quotes from contractors have run from $220,000 to $450,000. His insurer has not denied his claim, but it hasn’t accepted it either. He told WAVY that his claim is now in his insurance company’s litigation department.

"You just have no clue of what damage it's causing, and how frustrating it is to have a beautiful home and have to walk away from that home," Ward told WAVY.

About the Editors: Shapiro, Cooper, Lewis & Appleton personal injury law firm (VA-NC law offices ) edits the injury law blogs Virginia Beach Injuryboard, Norfolk Injuryboard, and Northeast North Carolina Injuryboard as a pro bono service to consumers.

(MM)

Originally posted at InjuryBoard by John Cooper

Chain saws present another post-nor'easter danger

Rick Shapiro — Wed, 18 Nov 2009 23:41:00 GMT

With the skies clear after last week’s nor’easter, attention is turning to cleanup – especially the hundreds of trees and thousands of large limbs that were felled throughout Hampton Roads.

The Norfolk Botanical Garden alone lost about 40 large trees, The Virginian-Pilot repor ted. Local, state and federal officials are still trying to put together a comprehensive regional tally.

Where there are downed trees, chain saws are sure to follow. However, the proliferation of chain saws means many of them are being operated by inexperienced users. This is not unlike the danger presented by generators, which I wrote about in a previous post.

And the chain saws can be more dangerous than the storm. After Hurricane Hugo, two people died from chainsaw injuries, according to Virginia Cooperative Extension at Virginia Tech.

The extension office has this advice for people dealing with downed trees:

• Ask yourself if you really need a chain saw. Branches and limbs four or fewer inches in diameter are poorly-suited to a chain saw and should be cut with a hand saw or an axe.

• Wear the proper clothing and safety gear. This includes safety glasses or goggles, heavy-duty, non-slip gloves, non-slip shoes, hearing protection, clothes that do not hang loose, long-sleeve shirt and pants, and a hard hat.

• Avoid kickback – when a saw comes back at the operator because the saw’s nose hits an obstruction. Hold the saw firmly with both hands, use a saw with a chain brake or kickback guard, don’t cut at a height above your shoulder, and keep the chain sharp.

Originally posted at InjuryBoard by Rick Shapiro

Nor'easter safety: take care when using generators

Rick Shapiro — Thu, 12 Nov 2009 20:52:51 GMT

As the record nor’easter continues to churn through Hampton Roads Thursday, residents who lose electricity should exercise care when using generators.

Most deaths associated with generators come from carbon monoxide (CO), the noxious gas that comes from generator use.

Generators can produce large – and potentially fatal – amounts of CO within minutes. CO cannot be smelled, seen or tasted.

The danger is not a trivial one; almost 160,000 customers in southeastern Virginia were without power as of Thursday night, The Virginian-Pilot reported. If previous history is any guide, some of those customers will not have service restored for days. Many of those customers will use a portable generator in the mean time.

The Consumer Product Safety Commission’s Web site has these suggestions on how to avoid CO poisoning:

• “Never use a generator inside homes, garages, crawlspaces, sheds, or similar areas, even when using fans or opening doors and windows for ventilation. Deadly levels of carbon monoxide can quickly build up in these areas and can linger for hours, even after the generator has shut off.”

• “Follow the instructions that come with your generator. Locate the unit outdoors and far from doors, windows, and vents that could allow CO to come indoors.”

• “Install battery-operated CO alarms or plug-in CO alarms with battery back-up in your home, according to the manufacturer’s instructions. CO alarms should be certified to the requirements of the latest safety standards. Test batteries monthly.”

Yesterday, I wrote about driving safety in flood conditions. Tomorrow, I will discuss the hazards encountered during storm cleanup.

(MM)

Originally posted at InjuryBoard by Rick Shapiro

Norfolk's Harbor Walk condos, built with Chinese drywall, to get new developer

Emily Mapp Brannon — Wed, 04 Nov 2009 17:30:54 GMT

The beleaguered Harbor Walk condo project in Norfolk’s Ocean View neighborhood is being taken over by new developer Franciscus Co., months after it was revealed that the old developer – Henin Group of Florida – had been using defective Chinese drywall, The Virginian-Pilot reported.

Residents began to discover earlier this year that their luxury condominiums had been built with Chinese drywall that is believed to emit corrosive gases that damage metal and injure people.

Franciscus will be the third developer for the project. Meanwhile, innocent property buyers are suffering. I hope builders and government leaders work diligently to make these people whole.

My colleague Jim Lewis wrote about the Chinese drywall issue earlier this fall when leaders toured tainted homes in Hampton Roads; my colleague Rick Shapiro was one of the first to sound the alarm back in May.

One resident, Jeffrey Dunn, told the Pilot earlier this year that his condo has Chinese drywall and he’s had to ask BB&T Corp., his bank, to give him more time to pay his mortgage.

“If they don’t extend the forbearance, I’ll have to borrow money from family,” Dunn told the Pilot. “At this point my savings is gone.”

A number of Harbor Walk homeowners have sued over the defective drywall, as well as expensive moisture problems in many of the condos.

Homeowner Michelle Germano told WAVY-TV that her condo smelled like rotten eggs. She lost two treadmills, a TV, a refrigerator, a washer and a dryer, she told the TV station.

Franciscus told the Pilot that it hopes to restart the project soon. Only about 81 of a planned 237 units have been completed, the Pilot reported.

About the Editors: Shapiro, Cooper Lewis & Appleton personal injury law firm is based in Virginia (VA), near the NE North Carolina (NC) border and handles car, truck, railroad, and medical negligence cases and more. Our injury attorneys host an extensive injury law video library on Youtube . In addition, our lawyers proudly edit the Virginia Beach Injuryboard, Norfolk Injuryboard, and Northeast North Carolina Injuryboard as a pro bono public information service. Lawyers licensed in: VA, NC, SC, WV, DC, KY.

(MM)

Originally posted at InjuryBoard by Emily Mapp Brannon

Congressmen, feds tour Chinese drywall homes in Chesapeake, Virginia Beach

Jim Lewis — Tue, 13 Oct 2009 12:22:47 GMT

Just last week, Hampton Roads victims of Chinese drywall trekked to Washington, D.C. to make their case to lawmakers and regulators, as I wrote about last week. My colleague John Cooper has also written about how the defective drywall sickens occupants and ruins appliances, wires and pipes.

On Monday, many of those same officials came to Chesapeake to make an on-the-ground assessment of a growing problem that potentially affects hundreds of thousands of homeowners.

Sen. Mark Warner found himself putting a piece of Chinese drywall to his nose and giving it a good sniff, according to news accounts of the visit. Warner and others toured the Hampshires at Greenbrier, a development in Chesapeake build by T he Dragas Cos., The Virginian-Pilot reported.

The company's chief executive, Helen Dragas, said during the tour that her company will spend $70,000 each on 73 condos it built with Chinese drywall in Virginia Beach and Chesapeake.

Inez Tenenbaum, chairwoman of the Consumer Product Safety Commission, said neither her agency nor any other government agency has the money to pay to fix people's homes. That, she said, will have to come from Congress.

Warner said banks and lenders need to step up and aid people who bought homes with the faulty drywall.

"What we're going to be doing in the meantime is seeing if we can get some forbearance from the mortgage payments being made because these families are having to continue to pay mortgages on homes that are uninhabitable," Warner said, according to The Virginian-Pilot. "Some of the families... are going to have to declare bankruptcy."

(MM)

Originally posted at InjuryBoard by Jim Lewis

Simplicity-brand bassinets claim two more lives

Emily Mapp Brannon — Fri, 21 Aug 2009 12:00:00 GMT

Parents were warned this week about the dangers of Simplicity bassinets in the wake of two more infant deaths, the Associated Press reported.

The infants died after they were trapped in Simplicity close-sleeper/bedside sleeper bassinets, according to the Consumer Product Safety Commission. Being recalled are Simplicity's 3-in-1 and 4-in-1 convertible bassinets. They include horizontal bars spaced too far apart – if a Velcro-fastened fabric cover is improperly affixed, a baby can become trapped between the bars, with most of his weight outside of the bassinet.

A Georgia infant girl suffocated in September 2008 after becoming trapped in the fabric. A six-month-old girl died in Texas in January of this year when the fabric flap was left undone and she became trapped between the bars.

In all, four infants have died in the close-sleeper bassinets.

SFCA Inc., the Reading, Pa.-based company that bought Simplicity's assets out of foreclosure, has apparently stopped conducting day-to-day operations. Calls and e-mails from consumers to SFCA are going unanswered.

In response to the commission's announcement, SFCA issued a statement published in the Reading (Pa.) Eagle:

"The safety of our customers is always SFCA's No. 1 concern. The CPSC product alert does not involve any product manufactured and distributed by SFCA, Inc.

"CPSC itself has confirmed that the alert does not include bassinets made by SFCA that have fabric permanently attached over the lower bar. All bassinets produced and sold by SFCA are produced in this manner ... and meet or exceed CPSC guidelines."

The consumer-protection agency and SFCA have had a contentious relationship. The Wall Street Journal reported in 2008 that SFCA refused liability for recalling the dangerous bassinets.

About the Editors: Shapiro, Cooper,Lewis & Appleton personal injury law firm is based in Virginia (VA), near the NE North Carolina (NC) border and handles car, truck, railroad, and medical negligence cases and more. Our lawyers proudly edit the Virginia Beach Injuryboard, Norfolk Injuryboard, and Northeast North Carolina Injuryboard as a pro bono public information service. Lawyers licensed in: VA, NC, SC, WV, DC, KY.

(MM)

Originally posted at InjuryBoard by Emily Mapp Brannon

Home electrical fire blamed in death of York County woman

Emily Mapp Brannon — Fri, 14 Aug 2009 10:05:00 GMT

Investigators believe an electrical problem caused a home fire Wednesday morning that killed Sandra Dudley, the Daily Press reported.

A Dominion Virginia Power meter reader, spotting smoke coming from the home at 8:15 a.m. Wednesday, called in the alarm, according to the Daily Press. Firefighters were called to the home, on Yorkshire Drive just off Yorktown Road in Tabb, but Dudley could not be saved.

Firefighters found Dudley, 46, unconscious on the second floor. She was pronounced dead shortly after arriving at Riverside Regional Medical Center with burns and smoke inhalation.

York County, Poquoson and Langley Air Force Base firefighters all responded to the scene. York County Fire and Life Safety Capt. Paul Long told the Daily Press that this was the first fatal house fire in York County since 2005.

Long said the fire, which started in a second-floor bedroom, was caused by an electrical issue.

About 440 people are killed each year and 1,420 injured in home electrical fires, according to the Consumer Product Safety Commission. Overall, home wiring cause 46,000 fires and $434 in property losses annually.

The commission suggests these ways to prevent home electrical fires:

– Have your electrical system inspected

– Have defects fixed

– Install smoke detectors

– Practice escaping in case of a fire

About the Editors: Shapiro, Cooper, Lewis & Appleton personal injury law firm (VA-NC law offices ) edits the injury law blogs Virginia Beach Injuryboard, Norfolk Injuryboard, as well as the Northeast North Carolina Injuryboard as a pro bono service to consumers. Lawyers licensed in: VA, NC, SC, WV, DC, KY, who handle car, truck, railroad, and medical negligence cases and more.

(MM)

Originally posted at InjuryBoard by Emily Mapp Brannon

Recalled Unsafe Products for Children Pose Risks of Injury or Death

John Cooper — Wed, 08 Jul 2009 20:56:00 GMT

If you’re a new parent and have a young child, you’re probably going to be in the market for a crib and, if you have or live near a pool, you’ll want a baby float. During your research, be aware of Simplicity cribs and Aqua-Leisure baby floats. Both products were recalled due to major safety issues.

The Simplicity crib “drop side” series was the subject of a major recall (over 1.6 million cribs recalled). The defect originated in the plastic hardware. It can easily break causing the “drop side” mechanism to break off. This creates a space which a baby could roll into and potentially suffocate, according to newsrunner.com. Two babies, a nine-month-old and six-month-old, were killed due to the Simplicity crib defect.

Here’s a video discussing the Simplicity crib “drop side” series recall…

http://www.youtube.com/watch?v=XG_msIvZbu0

The Aqua-Leisure baby floats also have a defect which lead to a type of suffocation – drowning. The leg straps in the seat of the float can easily tear and your child can fall through into the water and drown, according to cpsc.gov. There have been over 30 reports of this tear.

Here’s a video discussing the Aqua-Leisure baby floats recall…

http://www.youtube.com/watch?v=EdMylvKutGk

As an injury lawyer with 20 years of experience representing clients who’ve lost children in horrendous accidents, I strongly caution you to research the recall history of products you purchase for your child. This is especially true for bargain hunters who are looking for a deal online or at a discount retail store which may have the mentioned Simplicity or Aqua-Leisure products.

About the Editors: Shapiro, Cooper Lewis & Appleton personal injury law firm is based in Virginia (VA), near the NE North Carolina (NC) border and handles car,truck,railroad, and medical negligence cases and more. Our lawyers proudly edit the Virginia Beach Injuryboard, Norfolk Injuryboard, and Northeast North Carolina Injuryboard as a pro bono public information service. Lawyers licensed in: VA, NC, SC, WV, DC, KY.

Originally posted at InjuryBoard by John Cooper

Coffee Grinder Recall: Starbucks Barista Blade Grinder and Seattle’s Best Coffee Blade Grinder May Cause Injury

Rick Shapiro — Sun, 21 Jun 2009 16:29:00 GMT

If you own a Starbucks Barista Blade Grinder or a Seattle’s Best Coffee Blade Grinder, stop using the device immediately. The U.S. Consumer Product Safety Commission announced these particular coffee grinders may turn on inadvertently or fail to turn off and injure a user. Starbucks announced a voluntary recall of the Barista Blade Grinder and Seattle's Best Coffee Blade Grinder. Individuals who own these devices are able to obtain a free replacement.

There were 176 reports of the Barista Blade Grinder and Best Coffee Blade Grinder not turning off, or turning on without warning. There are three reports of lacerations (i.e. severe cuts) from users of the product.

The particular coffee grinders have been sold in Starbucks stores since 2002 and roughly 530,000 units have been recalled. Both were manufactured in China.

This isn’t the first time Starbucks had to recall a popular product. The Starbucks ceramic teapots, also sold exclusively in Starbucks stores and manufactured in China, were recalled due to the handles becoming extremely hot after being heated in the microwave. This is despite a label on the teapots stating they were “microwavable safe.” Users can return the teapots for a full refund and a $5 dollar gift card.

A $5 dollar gift card is minor compensation when compared to the $3.5 million dollar settlement Starbucks paid to a woman who suffered severe injuries from an exploding cappuccino machine. The plaintiff, Dawn Samperisi of Glen Cove, Long Island developed an involuntary nervous system after burning her right hand and eventually lost use of her right arm.

As an injury lawyer practicing for over two decades, it’s always upsetting to hear about a commonly used product malfunctioning and injuring people. I successfully handled a prior injury case involving a hotel coffee carafe being used by a hotel guest, and when he attempted to place the glass carafe back on the burner, the handle broke and the glass cut important tendons in our client’s hand, requiring later surgery.

I strongly advise you to speak with an attorney if you own any of the Starbucks coffee products, or any coffee device, and have suffered an injury as a result of using these products.

Video

About the Editors: Shapiro, Cooper Lewis & Appleton personal injury law firm is based in Virginia (VA), near the NE North Carolina (NC) border and handles car,truck,railroad, and medical negligence cases and more. Our lawyers proudly edit the Virginia Beach Injuryboard, Norfolk Injuryboard, and Northeast North Carolina Injuryboard as a pro bono public information service. Lawyers licensed in: VA, NC, SC, WV, DC, KY.

Originally posted at InjuryBoard by Rick Shapiro

Allied At Fault For Fertilizer Tank Collapse

Randy Appleton — Thu, 28 May 2009 13:30:00 GMT

It’s been determined by an independent federal agency that Allied was at fault for the 2008 fertilizer tank collapse which occurred at Allied Terminals in Chesapeake, Virginia (VA) resulting in four people being injured. According to The Virginian-Pilot, the agency discovered a lack of proper post-welding inspection led to the collapse.

Some of the fertilizer liquid went into storm drains and pipes which flow into Elizabeth River's Southern Branch. This poses a threat to aquatic life, according to the Department of Environmental Quality.

Officials in Chesapeake, Virginia (VA) are going to pursue state laws that will enable them to regulate fertilizer storage tanks along the Elizabeth River’s Southern Branch. It’s commendable for city officials to take these steps, but the damage done to those four victims and the potential ecological damage cannot be erased.

Larry Ladd, a researcher whose presented at the American Chemical Society, suggested that fertilizers such as the kind now potentially effecting Elizabeth River's Southern Branch contain a chemical known as perchlorate which has been connected to thyroid damage.

As a personal injury lawyer with over 20 years of experience, it’s always disheartening to learn about big corporations shirking their responsibility and neglecting the safety of both their workers and citizens surrounding their facilities. Proper oversight and post-welding inspections should have already been put into practice.

About the Editors: Shapiro, Cooper Lewis & Appleton personal injury law firm is based in Virginia (VA), near the NE North Carolina (NC) border and handles car,truck,railroad, and medical negligence cases and more. Our lawyers proudly edit the Virginia Beach Injuryboard, Norfolk Injuryboard, and Northeast North Carolina Injuryboard as a pro bono public information service. Lawyers licensed in: VA, NC, SC, WV, DC, KY.

Originally posted at InjuryBoard by Randy Appleton