Law Offices of Vondra & Hanna

Blog / Personal Injury

Blog

All Personal Injury Auto Accidents Truck and Semi-Truck Accidents Animal Bite Law Car Accidents Firm News Premises Liability Wrongful Death

Hair relaxer products linked to increased risk of uterine cancer

Thousands of Black women have filed lawsuits claiming that the hair relaxer products they’ve been using gave them uterine cancer. A new report has found that women have filed over 7,000 lawsuits since a U.S. National Institutes of Health (NIH) report in October 2022 found an association between frequent use of hair straightening chemicals and uterine cancer. According to the NIH, women who used hair relaxers more than four times in the previous year were more than twice as likely to develop uterine cancer than those who didn’t. NIH also noted that uterine cancer is the most common form of female reproductive system cancer in America, and its rates are rising significantly among Black women. The lead author of the NIH report said that hair straighteners can have ingredients such as phthalates, parabens, cyclosiloxanes and metals, which could interfere with the body’s hormones and can raise cancer risk. The products can also release formaldehyde when heated; the substance is a known carcinogen. Filing a lawsuit for potentially cancer-causing hair relaxers If you’ve also contracted cancer and suspect that your use of hair relaxers may have caused it, you might also consider filing a lawsuit of your own. But for a court to find the product manufacturer liable, you’ll have to prove the following: That the product’s cancer-causing chemicals were the likely culprit for your cancer versus the genes you were born with. The product can cause cancer through regular use. The product is the main chemical that caused the cancer and not another carcinogen. Because current research only hints at a connection – not a direct causal link – between hair relaxers and cancer, it may be challenging to build a strong case. However, no matter how your cancer is caused, it’s essential to seek medical treatment immediately. Establishing that you had to receive medical treatment is a key part of any product liability lawsuit since a medical professional can potentially identify how your cancer may have developed.

Toyota recalls over a million SUVs over unsecured batteries

No matter how small, a loose part left unchecked can lead to catastrophic failure for any mechanical device. This is the crux of the matter with Toyota’s latest recall, involving improperly secured batteries. The automaker is recalling about 1.9 million of its RAV4 small SUVs to fix a battery problem. According to Toyota, the affected vehicles from the model years 2013 to 2018 have 12-volt batteries with smaller top dimensions compared to others. If the hold-down clamp securing these batteries isn’t tight enough, the battery could suddenly move during hard turns. In the worst cases, a loosened battery would make its positive terminal touch the hold-down clamp, causing the battery to short-circuit due to the unintended connection. Toyota announced that it is working on a fix for the issue and is expecting to notify affected RAV4 owners by late December. Once it’s ready, the company’s dealers will replace the faulty parts with new ones. The dangers of a car battery short-circuit Short-circuits are dangerous, especially when they happen to automobile batteries. If it happens during driving, the engine could stall, raising the risk of an accident. Short-circuits also pose an electrical shock and fire risk. Drivers and passengers could sustain injuries from the electric shock, and the excessive current can also cause overheating, leading to engine fires. Injured drivers can seek damages If you’ve suffered injuries from a short-circuiting battery caused by a manufacturing defect, you may be able to seek recompense from the manufacturer through a product liability lawsuit. Each automobile sold in the U.S. is supposed to meet safety standards. Under the strict liability doctrine, consumers can hold automakers directly liable for injuries without the need to prove their negligence. Consider legal consultation before filing a lawsuit to learn if you have a solid case.

Mattresses recalled over mold exposure risk

Manufacturers recall their products for a variety of reasons. It might be due to a design flaw that makes the item dangerous or the product used the wrong labels. But sometimes, manufacturers recall a product for something that happened during manufacturing, making their normally safe goods unsafe. Mattress company FXI has recalled about 48,000 Novaform beds because they can contain molds that are hazardous to those with damaged lungs, compromised immune systems or mold allergies. According to a notice from the U.S. Consumer Product Safety Commission (CPSC), over 500 customers reported mold on their mattresses. It’s believed the mattresses were exposed to water sometime during manufacturing, inviting moisture into the foam, which led to mold growth. There have been no injuries reported that were related to the mold growth. Costco stores exclusively sold the mattresses between January 2023 and June 2023. How dangerous is mold growth? The health risks of mold growth can vary per person. For some, the spores released by molds can lead to stuffy noses, sore throats, coughing or even skin rashes. In the worst cases, molds can trigger asthma attacks. Those who have mold allergies can experience severe reactions. People with lung disease could catch infections from inhaling mold spores. Filing a product liability lawsuit Consumers normally sue manufacturers for a defective design that causes harm. Still, you can also file a product liability lawsuit for a dangerous product flaw that occurred sometime during its manufacturing, such as the moisture-induced mold growth in Novaform mattresses. In a lawsuit claiming a manufacturing defect, you’ll have to show that the product’s manufacturing defect differs from the manufacturer’s intended design or veers from the design found in similar items on the same production line. You’ll need expert witnesses who can testify to the item’s dangers to prove all these things in court. Legal counsel may be able to help with building your case and securing these experts.

How to react to a dangerous dog

Many people get bitten by dangerous dogs simply because they’re not sure how to react in the moment. If a dog charges them and looks like it’s going to attack, they have to make a decision in a split second, and they may yell or run away. Either is an instinctive reaction, part of the flight or fight process that the body goes through when faced with true danger. But both of these instincts aren’t safe responses. You likely can’t outrun a dangerous dog, and its prey drive just makes it more likely to chase you if you try. So, what should you do in this situation? Keep a low energy level First of all, a dog will react to the energy level that it senses in a human. It’s important to stay calm and keep your energy level as low as you can. Speak in soothing tones. Back away slowly Rather than turning and running, keep your eyes on the dog. You may want to turn to the side to create a smaller profile. You can then begin slowly backing away, which means the dog will be less likely to chase you. If possible, avoid making direct eye contact while you do this. Watch the dog out of your peripheral vision so that you can see what it is doing without presenting yourself as a threat. Don’t try to intimidate the dog People sometimes try to scare a dog by being aggressive or yelling. Similar to screaming in fear, however, this will almost certainly result in an opposite effect. It can rile the dog up more than it was before. It is best to speak in a calm and controlled voice. You can be stern, but you should also be non-threatening. Put something between you and the dog Finally, if it seems like you can’t escape quickly enough to avoid a bite, try to put something between the two of you. This could mean backing away until you’re on the other side of a car parked on the street, for example, or “feeding” the dog an item like a coat or a purse. Taking these steps can help you avoid a dog bite, but there is no guarantee that you’ll escape harm if an aggressive dog is in your sights. If you have been injured by someone else’s dog, you may be able to seek financial compensation, so seeking legal guidance is a good idea.

Did my Hyundai just get recalled?

You probably heard the news recently: another vehicle recall. This time, millions of cars and SUVs manufactured by Hyundai were recalled. Why? The vehicles can spontaneously catch fire, which affects various Hyundai car and SUV models from 2010 to 2017. If you have one, park them well away from your home and other structures until your vehicle has been fixed. What is the defect? The defective vehicles have an anti-lock brake system module that could develop a leak, which causes the system to short circuit. This short circuit can cause the ABS module to overheat and cause the engine to catch fire. Have there been injuries or deaths? Hyundai claims there have been none. However, there have been fires, with customers who experienced damages, even if it is just the loss of their vehicles and the contents in them. Which vehicles are recalled? The affected Hyundai vehicles include the Accent (manufactured between 2012-2015), Azera (manufactured between 2012-2015), Elantra (manufactured between 2011-2015) and the Elantra Coupe (manufactured between 2013-2015). In addition, the recall includes the Equus (manufactured between 2014-2015), Genesis Coupe (manufactured between 2011-2015), Santa Fe (manufactured between 2013-2015), Santa Fe Sport (manufactured in 2013) and the Sonata HEV (manufactured between 2011-2015). Finally, the recall also includes the Tucson (manufactured between 2010-2013), Tucson Fuel Cell (manufactured between 2015), Veloster (manufactured between 2012-2015) and the Veracruz (manufactured between 2010-2012). Though, this could be expanded. Check your VIN number on the NHTSA’s website to be sure. If my car is included, what should I do? You should receive notification by mail directly from Hyundai, if your vehicle is recalled. You take your car to the nearest Hyundai dealership, and they will replace the defective products for free. You can call Hyundai directly too at 1-800-633-5151. Though, in the interim, check your car for visible smoke, warning lights and any signs of heat or fire. And, make sure you do not park your vehicle in your garage or near anything else that your vehicle could catch fire, should it spontaneously combust. However, if your vehicle has already combusted, you likely have a product liability claim. Though, you will need to file your lawsuit before the statute of limitations expires.

Recall issued for 1.5 million dehumidifiers over fire risk

Dehumidifiers are essential appliances in any home or space with high humidity. They extract water from the air, helping reduce humidity and making rooms feel much more comfortable. But like any electric appliance, dehumidifiers can also have issues that can make them dangerous. Such was the case with a recent recall for over 1.5 million dehumidifiers sold in the U.S. because of their potential fire risk. Chinese manufacturer Gree Electric Appliance is recalling 42 dehumidifier models. The company sold the devices under five brands – Kenmore, GE, Norpole, Seabreeze and SoleusAir. These devices were made available through major retailers like Home Depot and Walmart from January 2011 to February 2014. Gree issued the recall after it had received reports that its dehumidifiers caused at least 23 fires and $168,000 in property damage. The U.S. Consumer Product Safety Commission said that Gree had advised consumers to unplug and immediately stop using the devices and to contact the company for a free refund. Product liability for dangerous devices What can you do if you’re injured in a fire caused by a defective dehumidifier? Per California law, you may be able to file a product liability lawsuit against the manufacturer to seek compensation for your injuries and any property damage caused by the fire. However, if you file a product liability lawsuit, you must remember that California uses a pure comparative fault system, which could limit the damages you can seek. Pure comparative fault Under the state’s law on pure comparative fault, you’re only eligible for compensation based on the level of your fault compared to the manufacturer. For instance, if you suffered burn injuries that cost $780,000 but were determined to be 40% at fault for the fire, you can only recover the remaining 60% ($468,000) through the lawsuit. Manufacturers facing a product liability lawsuit could use the pure comparative fault system to limit the damages they’re liable for. For instance, the manufacturer could claim in court that you used the dehumidifier for long periods without breaks. It could additionally claim that this goes against its warnings that prolonged use could lead to dangerous overheating. In a roundabout way, you could be more liable for the burn injuries you’ve suffered from a defective product. Product liability lawsuits can be challenging, especially if the manufacturer you’re suing will try its hardest to reduce its liability. Consider having a legal professional on your side to understand your case better.

What should desert residents know about keeping buildings safe?

Desert residents know just how hot it can get. However, even if they have learned to acclimate to the highs and lows of the desert temperature, extreme heat can still be deadly for any human being. While it is advisable to hydrate regularly and stay indoors to avoid direct sun exposure, buildings in the desert might be the exception, especially when those buildings do not have operable cooling systems and adequate ventilation. Concrete, asphalt and other materials used in building construction can absorb and release heat and can exacerbate desert living conditions. Californians are dying in their homes because of heat waves, and it is time to do something about it. Desert residents should understand premises liability and how to hold their landlords accountable. Landlords must provide a safe living environment Landlords are legally responsible for keeping the units they lease to tenants habitable. They are liable for what happens in the premises they own and lease. According to California law, landlords should maintain the premises they own and make repairs when necessary. Therefore, if a tenant requests the landlord to fix or replace an air conditioner provided in the unit, the landlord should do it. When a landlord fails to maintain utilities, and it causes heat-related injury or wrongful death, a tenant can file a lawsuit against them. Desert residents have a right to a safe living environment California habitability laws do not require a landlord to provide an air conditioning unit in their rental units, but they should maintain existing utilities and at least have proper ventilation. The landlord should ensure that the building they own and the units they put in the rental market are reasonably fit for human habitation and occupancy.

Lawsuit claims premium popcorn product contains forever chemicals

Nothing beats a bowl of popcorn as a snack, whether you’re watching a blockbuster movie or want something light to nibble. Popcorn also is quite versatile because you can combine it with various ingredients to produce different flavors. Yet when you think of popcorn flavors, you don’t think of stuff like perfluoroalkyl and polyfluoroalkyl. The two “forever chemicals” – because they don’t degrade naturally – are why two Northern California residents have filed a lawsuit against Campbell Soup Company. According to the complaint, Campbell’s Pop Secret popcorn product had dangerously high levels of PFAS, which studies have linked to health problems such as liver and immune system damage and cancer. The two claimants also said the chemicals were present in 10 of Pop Secret’s flavored popcorn products. In their lawsuit, the claimants cited consumer report test results which found that Pop Secret had 3,641 parts-per-million of total fluorine content, proving that the products had PFAS. They also maintained that the fluorine came from the microwavable bags used for the products. The lawsuit was filed earlier this week in the Northern District of California. Food product liability lawsuits You can sue for a defective food product like you can file a lawsuit for a defective car. Unlike regular personal injury cases, the consumer doesn’t have to prove the manufacturer’s negligence in these lawsuits. Instead, you must demonstrate the following: The food product had a clear defect. You consumed the food product as intended. The defect harmed you in some way. The manufacturer can pay compensation for the harm you suffered. Using the toxic popcorn case as an example, you could sue the product manufacturer if it’s proven that you suffered damage to your immune system or liver from overeating the popcorn. The damages from the lawsuit can help pay for your medical expenses. If you plan to file a lawsuit for a food defect that caused you harm, you must remember that you’ll be up against a large business with many resources at its disposal. Expect your lawsuit to be an uphill battle, especially if the food manufacturer employs its legal team to attempt to dismiss the case. You might want to consult an attorney who can help build your case and defend your rights in court.

Personal injury claims: How can you prove non-economic damages?

Damages in a personal injury claim can either be economic or non-economic. Economic damages are the direct financial losses from the accident, like medical bills and lost wages. On the other hand, non-economic damages are non-monetary losses like pain and suffering, emotional anguish, loss of consortium and a diminished quality of life. Proving non-economic damages in a personal injury claim can be challenging as they are subjective and cannot be quantified. For instance, you cannot provide receipts showing the degree of pain or emotional anguish you suffered. So, how can you prove the non-economic damages you are entitled to? Here is how you can go about it. Medical evidence and expert testimony are key Medical records can help demonstrate the severity of your injuries, which can help infer the pain and suffering you endured. Medical evidence can also provide a basis for expert testimony from doctors and other medical professionals like psychologists who can speak to your pain, suffering and long-term prognosis. Testimony from friends and family Your close friends and family members can also testify how your injuries have affected your emotional well-being, relationships and ability to enjoy life. Their testimony can help show how your life has changed for the worse since the accident. Your personal statements and journals Your journal entries can provide a firsthand account of how your injuries have affected your daily life and emotional well-being. These can be powerful pieces of evidence when presented in court. Proper legal guidance can go a long way Proving non-economic damages in a personal injury claim requires a combination of evidence and expert testimony. Remember, you cannot claim compensation for damages you cannot prove. It explains the importance of seeking informed counsel to help you gather the necessary evidence and build your case. It can significantly increase your chances of getting an appropriate settlement.

A “first crash” can be traumatic for a teen

If your teen has recently been involved in their first motor vehicle crash, your primary concern is certainly that their injuries are healing. Yet, it is also important to avoid overlooking the emotional toll that a crash can take on a young driver. This trauma can last long after physical injuries have healed. As a parent, it’s crucial to understand the signs that your teen is having some challenges processing what has happened. It’s not unusual for someone – particularly a relatively inexperienced driver — to replay a crash in their head and think about what they could have done to prevent it, even if they weren’t at fault. However, if your teen seems to be continuously reliving it, having trouble sleeping, eating or concentrating, it’s wise to be concerned. Helping your child regain confidence It can be helpful for your child to see a therapist who can help them process their thoughts and feelings in a safe, healthy environment and move forward. This can also help them regain a sense of control and confidence. Another way to regain their confidence as a driver is to get behind the wheel again. As soon as their doctor has given the okay, it’s typically a good idea to encourage your teen to start driving again if they’re hesitant. Of course, this should be done gradually, with you or another adult along at first. It can also help your teen to be involved in the process of dealing with insurance companies and getting a fair settlement to cover expenses and damages caused by the at-fault driver. That doesn’t mean letting them deal with insurers and others alone. However, seeing how things work can help them to process what has happened and to achieve a strong sense of closure. As you’re determining damages, remember that mental health treatment can typically be included as well. Having experienced legal guidance can help you and your teen as you seek justice and compensation as you both work to move forward.

What you should know about subrogation after a crash

If you’re dealing with the aftermath of your first serious car crash, you’re probably going to hear and read a few terms that are new to you. One of them may be “subrogation.” Subrogation can help you get a payout from your insurance company even if the other driver was at fault. Your insurer would pay you and then pursue the other driver’s insurer or the driver themselves to collect on the money it paid you. How California law determines liability First, it’s important to understand how California law determines fault, negligence and liability in a crash. California is a “pure comparative negligence” state. That means a percentage of fault is assigned to each driver. Crashes that are 100% one driver’s fault aren’t very common. Even if one driver is primarily at fault, the other one may be assigned some degree of fault, which would lessen their potential payment by whatever percentage that is. What subrogation can do for you If the at-fault driver’s insurance company is slow to pay, you may be able to seek compensation from your own insurer. Your insurance company will pay you (minus your deductible) and then go to the other driver’s insurer to get reimbursement. That’s considered subrogation. You may have to pay your deductible if you need to go this route. However, that’s part of the money your insurer will seek from the other insurance company, which would be considered the third-party carrier (TPC). Beware of a waiver of subrogation Sometimes an at-fault driver who doesn’t want another accident on their record will offer to settle directly with the other driver. They don’t want to get their insurance company involved. They might ask you to sign a waiver of subrogation. By doing that, you give up the right to have your insurer take action on your behalf. That’s almost never a good idea. Some insurance companies don’t even allow it. It’s a lot to think about at a time when you’re trying to heal and get your life back on track. It’s crucial not to settle for less than you need and are entitled to just to get it over with. That’s why it helps to have legal guidance to protect your right to fair compensation.

When is a business at fault for someone’s slip and fall?

Maybe you just ran into the pet store for a bag of cat litter, or perhaps you met with a friend to walk around the local mall for exercise. Unfortunately, there was a wet spot on the floor or an unsecured electrical cord in your path, and you ended up slipping or tripping – and then falling. A slip-and-fall situation could lead to major injuries, including a brain injury or broken bones. People who fall while at a store may expect to file an insurance claim or a civil lawsuit for compensation. When is the business where a slip and fall occurs responsible for the incident? When negligence led to the slip and fall To bring a premises liability claim in civil court, an injured party will typically need to show that either there was some kind of regulatory non-compliance or that the business was negligent. Claims of negligence are more common than claims of misconduct, in part because many businesses engage in very unsafe practices. If you can show the business didn’t take reasonable steps to keep you safe, you could hold them accountable for your injuries. Understaffing a facility so that there aren’t enough staff members on hand to both tend to customers and keep facilities clean is a common and negligent business practice. Deferring repairs to roofs or damaged flooring is another negligent choice, as most people would recognize the risk that comes from making those decisions. If the circumstances that led to your injury related to negligence on the part of the business, then you may have grounds to initiate a claim against them. Knowing your rights after a slip-and-fall incident can help you defray the costs you may have incurred.

Contact Us

Fill out this form below and we'll contact you shortly
*Required Fields