Preventing Rollovers by Product Liability Attorneys in MN & WI

This is the second entry of  focusing on ways to help avoid dangerous rollover crashes. 

A second important way for consumers to help minimize the potential for rollover crashes is to properly load their vehicles.  Overloading a car, truck, or SUV can increase the chances for a rollover crash in several ways.  First, overloading a vehicle’s suspension system can change the way a vehicle responds to steering and other inputs, thus reducing the driver’s ability to control the vehicle.  Check your owner’s manual for the load capacity requirements.  Second, putting more weight or mass inside the occupant compartment or on the vehicle’s roof.  This increased weight will increase the vehicles center of mass – or center of gravity.  All other things being equal, vehicles with higher centers of gravity tend to be more prone to rolling over. 

If you would like additional information on rollover crashes or safety, please feel free contact the rollover and product liability lawyers at Champion Law in Minneapolis at 612.743,4918 or St. Paul at 651.766.5886.  Or visit our web-site at www.champion-law.com.

MN Personal Injury Attorney Speaks Out

Progressive wrote me a check, but won’t pay my medical bills.  Now what?

I recently became aware of a new tactic used by Progressive Insurance Company in Minnesota.  Minnesota is a No-Fault state.   That means that if you are in an accident, your insurance company pays the related medical bills, regardless of whether you caused the accident or not.  The State of Minnesota requires coverage of at least $20,000.00 for medical bills on all no-fault automobile insurance policies.

I met with a gentleman last week who was in an accident recently.  He reported the accident to Progressive, which is his insurance company.  He also told Progressive that he had been to the doctor and had injuries.  Progressive sent him a check for $750.00 along with a letter.  I am paraphrasing, but here is what the letter said: 

Sorry you are hurt.  Take this money and pay your bills or don’t go to the doctor and keep the money.  If you incur more than $750 in bills, then we will need proof that the bills were incurred AND that you paid the $750 we gave you toward those bills BEFORE we pay anything further.

What Progressive is saying in this letter is that it won’t pay any of your bills if you can’t prove you paid the first $750.00 toward your medical bills.  What’s wrong with this?  It seems like Progressive is doing the right thing.  They want to give you the freedom to pay your bills or keep the money.  That’s one view.  I’ll explain why this is a terrible scheme by Progressive.

What happened to insurance fraud?  If Average Joe makes a claim for $750.00 to Progressive for bills he didn’t incur, that is fraud and he should be prosecuted.  But Robert, you say, it isn’t the same.  No one is committing fraud.  I disagree.  Progressive is making payments for bills that were not incurred and increasing the cost of insurance for all of us.

While that is true, it isn’t what makes me mad.  Check back on Thursday to find out the real reason Progressive uses this tactic and why it should stop.

Robert W. Roe
Champion Law LLC
3252 Rice Street
St. Paul, MN  55126
651-766-5886
f – 651-766-5235
robert@champion-law.com
www.champion-law.com

ROLLOVER SAFETY ATTORNEYS IN MN and WI

The First in a  Three Part Series On Rollovers

We are product liability attorneys – people hire us when they’ve been hurt by dangerous products like SUVs that rollover when they shouldn’t have or fail to protect occupants in rollover crashes.  Because of our experience, we have learned a lot about how to prevent rollovers from happening in the first place.  For the next few entries, this blog will focus on ways to help minimize the chance of vehicle rollovers. 

First, consumers need to be aware of the dangers of improperly maintained tires.  Improperly inflated or worn tires can be dangerous because they can, in some cases, make it difficult for operators to control their car, truck or SUV to prevent it from rolling over.  Improper inflation can speed up tire wear.  And if tires become overly worn, it can lead to tire failures.  (So can myriad manufacturing and design defects, but those aren’t typically detectable.)  So follow the inflation specifications printed on your vehicle’s tires as well as the specifications in your owner’s manual. 

If you would like additional information on rollover crashes or safety, please feel free contact the rollover and product liability lawyers at Champion Law in Minneapolis at 612.743,4918 or St. Paul at 651.766.5886.  Or visit our web-site at www.champion-law.com.

Product Defect Protocol by a MN and WI Product Liability Attorney

The Manufacturer’s Design Trilogy

Here’s something to think about if you or someone you know has been hurt by a dangerous or defective product: manufacturers must follow a “design trilogy” when designing a product.

This means that the designer should go through an analysis to identify potential defects or hazards in the product – whether it’s an SUV, an ATV, a deer or tree-stand or a medical device.  After identifying the potential hazards, the manufacturer should then follow the trilogy.

First, they should design out the hazard.  In other words, they should work to find a way to get rid of the hazard altogether.

If the hazard can’t be designed out, they should guard against it.  In some cases, products would be useless without the hazard – circular saws are an example.  Because you can’t design away the saw blade in a circular saw, you guard against it.

Last, if you can’t guard against the hazard, you must warn against it.  This, of course, is the last resort.

But too many manufacturers don’t follow the trilogy – they don’t design away hazards when they should or  don’t guard against them when they can.  The result is a dangerous product with a warning label that often times isn’t effective. 

If you would like to learn more about these issues or product liability law, call the Minnesota and Wisconsin product liability and personal injury attorneys at Champion Law at 651.766.5886.  Or visit our web-site at www.champion-law.com.

Personal Injury Attorney in MN and WI on Automobile Insurance

How much automobile insurance should I have?

Negligent or reckless drivers often cause catastrophic injuries that are tragic for the victims and their families.  These injuries can lead to loss of work and other economic losses that can be devastating.  Too often, the person who caused the accident has little or no insurance.  Drivers in Minnesota are only required to carry $30,000.00 in coverage for injuries they cause to another person.  Wisconsin drivers are, in some instances, not required to carry any insurance.  Don’t be victimized a second time by not having enough insurance.

To protect yourself from underinsured (UIM) and uninsured (UM) drivers, make sure your insurance policy has the right coverage.  I strongly recommend having at least $250,000.00 in UM/UIM coverage.  You can purchase this on your policy or, with many insurance companies, you can buy an additional rider for a low cost that provides protection for you and your family against significant injuries caused by automobile accident.

Call me anytime if you have any questions about coverage and how to get it.

Robert W. Roe
3252 Rice Street
St. Paul, MN 55126
651-766-5886
f-651-766-5235
robert@champion-law.com
www.champion-law.com

Product Liability – Recall on Graco Comfosport Convertible Child Car Safety Seat

PRODUCT LIABILITY AND SAFETY ATTORNEYS

Parents beware: the NHTSA just announced a recall of nearly 44,000 Graco Comfosport ™ convertible child car safety seats in the Frazier(TM) Fashion, manufactured from November 1, 2006 through October 8, 2007. These seats were equipped with a supplemental pad or “body pillow” that blocks the child airbag warning label that is on the seat pad.  Unknowing parents could place their child in this child seat in front of an airbag because the warning is covered by the pad.

If you have such a child safety seat, contact Graco at 1-800-345-4109 or by e-mail at consumerservices@gracobaby.com to get a new replacement pad.  Or for more information on this recall, visit the NHTSA web-site link at  08C009.

If you have questions concerning this particular child car safety seat, please call the product liability and safety lawyers at Champion Law in Minneapolis or St. Paul at 651.766.5886 or visit our web-site at www.champion-law.com.

Rollover Safety Lawyers in Minnesota and Wisconsin

New Car Advice From Safety Experts

If you’re in the market for a new car, consider the vehicle’s rollover safety devices before you buy. Rollover curtain airbags are among the most effective devices for preventing occupant injuries in rollover crashes. Vehicles equipped with rollover curtain airbags have sensors that constantly monitor vehicle roll angles and rates. They run this data through a simple computer that determines if a rollover crash is imminent. If it is, the computer will fire the rollover curtain airbags. The airbags cover the side windows and roof rail. The bags help prevent occupants from being ejected in a rollover and cushion head strikes on the vehicle’s interior during a rollover.

If you would like more information about rollover safety, please feel free contact the rollover and product liability lawyers at Champion Law in Minneapolis at 612.743,4918 or St. Paul at 651.766.5886. Or visit our web-site at www.champion-law.com

Nate Bjerke
Champion Law LLC
3252 Rice Street
St. Paul, MN 55126
(t)651.766.5886
(f)651.766.5235
www.champion-law.com

Licensed in Minnesota, Wisconsin and California

Product Liability Attorney on Product Defect Protocol in MN and WI

Manufacturer’s Design Trilogy

Here’s something to think about if you or someone you know has been hurt by a dangerous or defective product: manufacturers must follow a “design trilogy” when designing a product.

This means that the designer should go through an analysis to identify potential defects or hazards in the product – whether it’s an SUV, an ATV, a deer or tree-stand or a medical device. After identifying the potential hazards, the manufacturer should then follow the trilogy.

First, they should design out the hazard. In other words, they should work to find a way to get rid of the hazard altogether. If the hazard can’t be designed out, they should guard against it. In some cases, products would be useless without the hazard – circular saws are an example. Because you can’t design away the saw blade in a circular saw, you guard against it.

Last, if you can’t guard against the hazard, you must warn against it. This, of course, is the last resort.

But too many manufacturers don’t follow the trilogy – they don’t design away hazards when they should or don’t guard against them when they can. The result is a dangerous product with a warning label that often times is not effective.

If you would like to learn more about these issues or product liability law, call the Minnesota and Wisconsin product liability and personal injury attorneys at Champion Law at 651.766.5886. Or visit our web-site at www.champion-law.com.

What To Do When Products Are Defective – Product Liability Attorney, MN & WI

Who To Turn To When Products Are Dangerous
Dangerous and defective products injure people in Minnesota, Wisconsin and across the country every day.  So who is looking out for us at the Federal level?  For consumer products – which involves most products other than drugs, medical devices, food and automobiles, the Consumer Product Safety Commission (CPSC) oversees the safety of consumer products in the United States.  The CPSC is, however, operating on a limited budget and its scope is huge – covering everything from ATVs to children’s toys.  Manufacturers and sellers of consumer products generally do not need to demonstrate their products meet CPSC guidelines before they hit the market.  But manufacturers do have a legal duty to report safety problems to the CPSC.  The CPSC then works with manufacturers of these products to investigate the potential problem and determine whether a recall is appropriate.  Consumers can search for product recalls on line at www.cpsc.gov. 

If you have questions about a defective product that may or has caused an injury, check the CPSC’s web-site to see if the product has been recalled.  If you have additional questions about product liability in Minnesota, Wisconsin or anywhere in the country, visit our web-site at www.champion-law.com for more information about consumer’s rights. 
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At one time or another, most people have come across a product that they either thought was dangerous or may have actually injured them or a loved one.  If the manufacturing company ignores your calls or letters reporting the problem, there is another place to turn.  The United States has an agency called the Consumer Products Safety Commission, or CPSC.  The CPSC oversees safety of most kinds of consumer products, excluding drugs, medical devices, food and automobiles.  If you want to report a problem, simply log onto the CPSC’s web-site at www.cpsc.gov and click on “Report an Unsafe Product.”  The CPSC monitors these reports and in most cases, will contact you for further information.  The CPSC looks for reporting trends to determine whether product recalls are appropriate. 

If you think a product is unsafe, help other consumers by reporting the problem to the CPSC.  If you have additional questions about product liability in Minnesota, Wisconsin or anywhere in the country, visit our web-site at www.champion-law.com for more information about consumer’s rights.

Federal Seat Belt Usage Study – Personal Injury Attorney in MN & WI

Minnesota and Wisconsin Auto Accident Attorneys

Our federal government just released findings of its annual seat belt usage study.  The report showed that 83% of U.S. drivers and passengers buckle their seatbelts every time they get in their vehicle.  To read the government’s summary of the report, log onto:

http://www.dot.gov/affairs/nhtsa0608.htm

Seat belts are still one of – if not the most important– ways for occupants to protect themselves in crashes.  Most seat belt systems and buckles do a good job of protecting occupants. 

For more information on how seat belts might fail to protect occupants in crashes, visit:

www.champion-law.com. 

If you have questions about the seat-belt systems in your vehicle, call the product liability and safety attorneys at Champion Law at 651.766.5886.  We’ll cheerfully answer your questions to make sure you and your family are as safe as possible when you buckle the seat belts in your car, pickup or SUV.  

Have you ever wondered whether the seat belts in your car would protect you if you were in a bad automobile accident?  The product liability and automobile safety lawyers at Champion Law have studied this stuff for years and we’ve seen the devastating effects of seat belt problems.   Here are a couple of things to check for to help keep you and your family safe:

• Look for any fraying or abrasions on the seat belt webbing.  Belts can rub against other surfaces in the vehicle or get shut in doors.  If the webbing is damaged, it could tear in a crash, leaving you unprotected;

• Look inside the belt buckles for any objects that might be lodged in the buckle.  Things like coins, dirt or food can contaminate a seat belt buckle.   If that happens, the buckle may not properly hold onto the belt and the buckle could release in a crash, and;

• Does the belt fit?  The shoulder belt should cross the occupant across the clavicle – not the neck.  Many vehicles have adjustable top anchors for the  belt on the roof pillar behind the occupant.  If the seat belt webbing is touching your neck, adjust the anchor down to get it across your clavicle. 

These checks of the seat belt system don’t take long.  And they can make all the difference in a severe automobile crash.   If you have more questions about the seat belt systems in your vehicle, give us a call.  Our attorneys are be happy to answer any questions you might have – whether you’re in Minnesota, Wisconsin or anywhere else in the United States.  

Let’s work together to do what we can to minimize injuries in automobile accidents – we’d rather speak to you before a crash than after. 

For more information on seat-belts and some common seat-belt defects, call our attorneys at 651.766.5886 (St. Paul) or 612.743.4918 (Minneapolis) or log onto our web-site at; www.champion-law.com, and click on “practice areas” then “automotive defects.”