Major Recall of Fire Extinguishers

Kidde, a major manufacturer of smoke alarms and fire safety products, has issued a recall of 134 models of fire extinguishers. The 40 million fire extinguishers recalled are for home, vehicle and recreation use by consumers, some manufactured as long ago as 1973. The recalled models can become clogged or fail to discharge when needed. All the units have plastic handles and buttons which may break or detach under force. The extinguishers may be white, red or silver and were sold nationwide by several retailers, including Amazon. Kidde has received 391 reports of malfunctioning extinguishers, with 16 incidents of injury…

Colorado Large Animals Pose Road Risk

According to an annual deer-vehicle collision study, you have a 1 in 253 chance of hitting a large animal while driving in Colorado. In 2017, State Farm reports, Colorado moved up one position ranking to No. 36 across the nation for where you’re most likely to hit large wildlife. The Insurance Institute for Highway Safety reports that in 2015, seven motor vehicle deaths occurred due to vehicle collisions with large animals in Colorado. And we are just entering high season for such collisions. The most common month for collisions is November, followed by October. And CDOT reminds drivers that the…

Smith Ski Helmets Recalled

A good ski helmet is essential when enjoying the slopes, but even when you purchase a high-end name brand you might not be protected. Smith has voluntarily issued a recall for all 2016 and 2017 Smith Quantum ski and snowboard helmets. They were sold in in sizes S, M, L and XL in matte black/charcoal, matte white/charcoal, matte Fire (red) /charcoal, matte Klein Blue (blue), matte olive green, matte Reactor (bright green) /black and matte Thunder gray (gray) color combinations. Consumers should look for Smith Quantum printed on a label inside the helmet along with the manufacturing dates. The buckle…

Help with Legal Fact Checking

In this age of fake news and loose ideas offered as facts, the American Bar Association has taken on the task of offering reliable answers to current legal issues. The new website, ABA Legal Fact Check, is described by the ABA as the first focusing exclusively on legal matters. ABA Legal Fact Check will explore widely disseminated legal assertions. Primary to the task is addressing misrepresentations and misunderstandings about constitutional rights. The website will offer legal discussions and explanations based upon case and statutory law and other legal precedents to clarify common misconceptions. Recent posts include protections for hate speech,…

Don’t Throw Out That Phone, My Friend

Mueller v. Swift should be a guidepost for future litigation involving electronically stored information (ESI). In the new age of electronics, individuals must take every step to be sure all data is being preserved. Just as in keeping a paper trail when wanting to document all conversations, one should be keeping an entire electronic trail as well. Spoliation of evidence will play a key role in this case. This has become a large issue in modern litigation and has garnished attention and concern. Many courts that have already addressed this issue place sanctions on parties when there is failure by…

Your Right to Review

Consumers are rating everything from medical care to margaritas, leaving businesses unhappy when poor reviews pop up online. In March of 2017 a new federal law went into effect, protecting consumers from bullying by companies afraid of posted reviews. The Consumer Review Fairness Act was signed by President Obama following bipartisan support in Congress. According to the Federal Trade Commission: The Consumer Review Fairness Act makes it illegal for companies to include standardized provisions that threaten or penalize people for posting honest reviews. For example, in an online transaction, it would be illegal for a company to include a provision…

No Flood of Lawsuits

Like so much “common wisdom” of our culture, the view that our court system is flooded with lawsuits filed by “trial lawyers” has no factual support. The Wall Street Journal (WSJ) reported this week on statistics provided by the National Center for State Courts, showing a dramatic decrease in personal injury lawsuits. In 1993, about 10 in every 10,000 Americans filed a tort claim but in 2015, the average had dropped to fewer than 2 in every 1,000 people. WSJ notes that industry groups, particularly the U.S. Chamber of Commerce, have promoted the perception of lawsuit abuse have effectively demonized…

Baby Powder Trial Tossed

Johnson & Johnson faces more than 1,000 lawsuits claiming the company’s talc powder, commonly called baby powder, caused ovarian cancer. But for the roughly 200 women whose lawsuits were consolidated in New Jersey, bad news emerged from the first state trial asserting the claim. The trial judge, Judge Nelson Johnson, ruled that the women did not provide sufficient medical evidence demonstrating the causal link between use of the talc powder and the ovarian cancer. Judge Johnson wrote a 33-page order dismissing the lawsuit brought by Brandi Carl and Diana Balderrama. The judge called the testimony by plaintiffs’ experts to be narrow…

Dating Dream or Nightmare?

Online dating services are no longer seen as the realm of the desperate, with 15% of Americans adults reporting use of a dating website according to the Pew Research Center.  But there remains a dark side to the potential promise of happiness, sexual assault by your dream date. This week, Denver prosecutors filed charges against a 31-year-old man for sexually assaulting his date whom he met through Tender.com.  The date began at a local restaurant, but when the female felt ill, Brett Sisman took her to his home where he allegedly assaulted her.  And this is not a first for…

Most Beloved Corporation Betrays

            Steve Brill has joined with The Huffington Post to write an in depth expose of one of the most egregious cases of corporate greed perhaps since “A Civil Action.” Read the report. The editors describe the 15-part series: At some point over the course of this massive, magisterial 15-chapter story, you will get angry, and you will stay angry. It may happen when you learn that Johnson & Johnson handed out promotional Legos to pediatricians so that they’d be more likely to prescribe a drug called Risperdal to children with behavioral problems, although the…
Categories: Blog Posts, Consumer Rights, Health Care
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