You Should Know: Put the Squeeze on Lemons

A lemon most commonly refers to new cars with a substantial defect that is not fixable even after a reasonable number of repair attempts. Every state in the country has its own lemon laws that protect consumers from lemons. Federal law also provides additional protection by detailing guidelines for coverage by the manufacturer’s warranty. The BIG catch, however, is that the burden of proof is on the owner of the lemon to prove that the car qualifies for replacement or a refund.

How to Make Lemonade from a Lemon

Most lemon laws state that buyers are entitled to a remedy if their cars are out of service for an extended number of days due to failure or serviced over extended periods for the same problem. These laws vary by state and by the nature of the repairs covered. Some problems are obvious, like the car not starting, power loss or transmission failure, while others fall into a gray area, such as wind noise, fluid leaks and excessive tire wear. Because of this, remedies can vary greatly in lemon law cases, from full car replacement or repurchase by the manufacturer to small monetary awards to compensate for a minor issue that does not affect driver safety.

Here are the steps you should take if you think you might be the proud owner of a brand new, bright yellow lemon:

1. Learn the lemon laws and how a lemon is defined in your state, what is covered and how much time you have to file a complaint. You may only have one year or less after delivery of your new vehicle to take action.
2. Collect all records on your car, including purchase contracts, service orders and invoices
   together with all warranties and the owner’s manual.
3. Take notes on all conversations with the dealer and service technicians, recording any comments along with the time and date of all attempted repairs.
4. Ask the dealer for a copy of all manufacturer’s technical service bulletins on your car.
5. Track how long and how often your vehicle is in for repairs with dates, times in and times out.
6. Call a lawyer that specializes in lemon law to help you understand your options and evaluate your case. Normally the call is free, and all legal fees will be paid for by the manufacturer if you win your claim.

For more detailed information, check out the lemon law page at NOLO.

How to Avoid a Sour Car-Buying Experience

Caveat emptor – let the buyer beware – is really your best defense in avoiding the dreaded lemon. In other words, do your homework before buying a car:

• Several organizations rate cars on reliability, including Consumer Reports, J.D. Power, Edmunds, The Center for Auto Safety and the Car Complaint Index as published in the The Car Book, just to name a few.
   
• Look up complaints on the car, van or truck you are considering. Start at Safecar.gov and search its national database on recalls, complaints and investigations. Also check for complaints at The Center for Auto Safety. And don’t forget Google and social media: Ask others in your network if they know anything about the cars you are considering.
   
• Go with a reputable dealer that is authorized to sell cars by the manufacturer.
   
• Test drive all of your options and be hyperalert for noises or poor handling. If something doesn’t feel right, trust your instincts.
   
• Learn your state’s lemon laws so you know what to do if something goes wrong.

And finally, once you have purchased a car, be sure to file away all the maintenance reports and receipts in a safe place (not in the car) just in case you need the documentation later. Learn more here from WikiHow, including tips on buying a dependable used car.

This article appeared in our June 2015 "You Should Know" e-newsletter.

Andrew Edward Crabtree Endowed Scholarship Awarded

The Andrew Edward Crabtree Endowed Scholarship was awarded on May 28 at Riverside High School for the second time. It was awarded to Anne-Marie Barr who will be attending Appalachian State University and will study drama. Anne-Marie is standing next to Guy Crabtree (third from left). The endowed $2,000.00 scholarship is given annually to a Riverside High School Senior who shows a passion and proficiency for drama, creative writing, music and/or history. 

Contributions to the scholarship fund can be made at DPS Scholarship Foundation; click on How To Help. To learn more about the scholarship click on How To Apply.  

Durham's Cycling Law and Liability

Ryan Connolly

Attorney and cyclist Ryan Connolly recently spoke at Bike Durham’s Cycling Law and Liability Workshop. Bike Durham is a group of individuals and organizations working for bicycle-friendly change in Durham. Ryan discussed your legal rights and responsibilities as a cyclist and how to protect yourself financially in case of an accident. 

You Should Know: Dog Bite Claims on the Rise

Children Are Most Often the Victims

Dogs, we love them! They are many times our closest companions and considered one of the family. But any dog can be territorial and unpredictable when it feels threatened or when defending puppies, owners or food. “Our dog has never bitten anyone before” is a common refrain to those who respond to dog bite situations.

The numbers tell the story. More than 4.5 million people are bitten each year in the United States, one in five requiring medical attention, according to the American Veterinary Medical Association (AVMA). Half of the victims are children and are far more likely to be injured. The Insurance Information Institute also reports that the number of dog bite claims is on the rise, accounting for more than one-third of all homeowners insurance claims paid in 2013, or $483.7 million nationwide.

How to Avoid a Dog Bite

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First of all, assume any dog can bite, not just breeds that are often thought to be more aggressive. Always be cautious around strange dogs, respecting their space especially when sleeping, eating or chewing on a toy. Other important tips:

• Never leave a baby or small child alone with a dog. Teach children to be cautious around pets and to ask first before approaching a dog.
• Pay attention to a dog’s body language, looking for cues that it might be uncomfortable like a tensed body, stiff tail, pulled-back head or ears, yawning and intense staring.
• If it looks like a dog might attack, resist the impulse to scream or run away. Stay motionless with your hands at your side. Once the dog loses interest, slowly back away.
• If the dog does attack, “feed” him your jacket, hat, purse or anything else you can put between you and the dog. If you fall, curl into a ball and lay as still as possible with your hands over your head and neck.
• After a dog bite, immediately wash the wound with soap and warm water. Seek medical attention as soon as possible and then report the dog bite to your local animal control agency.

Be a Responsible Dog Owner

There is a lot you can do as an owner to ensure that your dog doesn’t bite anyone. Not only is it the right thing to do, but it is also your obligation under state and local law. Start by consulting a veterinarian on suitable dogs for your household. Then consider these tips:

• Because so many dog bites happen to young children, you might want to wait until your children are 4 years old or older before bringing home a dog.
• Socialize your pet as a puppy so it feels at ease around people and other animals.
• Train your dog on basic commands like “sit,” “stay,” “no” and “come” to build a bond of obedience and trust. It is also important to exercise and spend time with your dog as dogs left alone too much can develop behavioral problems.
• Keep your dog healthy and feeling well with all required vaccinations. Neutering your pet can also lessen aggression.
• Follow the rules by licensing your dog and obeying leash laws.

For more information, download this brochure from the AVMA. And check out the Blue Dog Parent Guide for tips on how to help children safely interact with dogs.

Your Legal Rights

Laws governing dog bites vary by state or local jurisdiction, but in most cases the dog owner is liable for injuries caused by his or her dog. A smaller number of states require the victim to prove that the dog was vicious or that the owner caused the attack by violating animal control laws. Damages are typically covered by the dog owner’s homeowners or renters insurance policies. Your best bet if you or someone close to you has been bitten by a dog is to discuss all of your options with a lawyer.

This article appeared in our May 2015 "You Should Know" e-newsletter.

You Should Know: Fast-Track Approval of Medical Devices Called into Question

Arthroplasty, the reconstruction or replacement of a joint, as shown here in this hip x-ray, is big business for aging baby boomers.

The United States is the largest medical device market in the world with sales expected to reach $133 billion by 2016. In most cases, medical devices save and improve lives. Unfortunately, not all devices undergo the same rigorous review process before hitting the market.

A number of new medical devices can and do bypass scrutiny by the U.S. Food and Drug Administration (FDA) through a fast-track approval process called the 510(k) program. If a manufacturer can prove that its product is “substantially equivalent” to an existing product, it can avoid stringent premarket testing. While the 510(k) clearing process provides patients with quick access to new products, there is an unsettling consequence: Medical devices can be implanted in patients without requiring manufacturers to prove safety and effectiveness. And in fact, a recent study published in JAMA Internal Medicine found that only eight of the 50 new devices cleared through the program from 2008 to 2012 included required scientific data.

Defective Medical Devices Raise Concerns

Here are just a few examples of more notable defective medical devices that have caused injury to patients:

Knee and Hip Replacements – Clinical evidence continues to show that the design of some knee and hip replacement implants is seriously flawed. Adverse results include failing to properly bond to the thigh bone, improper placement or loosening after surgery. Bone fractures can occur as well as dislocation of the joint. Symptoms patients may feel range from general pain to swelling to an inability to walk. In 2013, The New York Timesreported that Johnson & Johnson knew an all-metal hip implant would fail within five years in nearly 40 percent of patients who had the surgery. 

Transvaginal Mesh Complications – Surgical mesh, composed of synthetic materials, is permanently implanted in patients to repair weak or damaged tissue. But in certain procedures it can cause life-changing health complications, including mesh erosion when the device migrates from its point of placement and cuts through the soft tissues of the vagina or pelvic organs. In addition, patients have experienced pain, bleeding and urinary complications, which the product was designed to fix in the first place.

Defibrillator Leads – Defibrillator leads are implantable wires that connect the defibrillator to the heart. In the event of a heart attack, defibrillators automatically administer corrective shocks. Over the past decade, there have been several high-profile examples of defibrillators malfunctioning, causing the device to fire unexpectedly or fail to fire at all when a patient’s life is at risk.

Protect Yourself with These Tips

These tips from Consumer Reports can help protect you or loved ones from the risk of defective medical devices:

1. Consider the alternatives: If your doctor suggests an implant, simply ask what will happen if you don’t get it. Sometimes patients aren’t adequately informed about the alternatives. For example, women who received transvaginal mesh for prolapse repair may not have needed surgery. But people ill enough to require an implantable defibrillator for their heart may not have a choice.
    
2. Research the device: The Food and Drug Administration’s website, FDA.gov, contains information on device safety warnings, complaints and recalls, which are all accessible by searching the name of the device. Also look for patient forums and other information about the device by searching online.
    
3. Write down the details: Ask for the brand name, model and serial number (if applicable) of your device so that if you learn of a warning or safety recall, you’ll know whether yours is one of the problem models.
    
4. Don’t panic: If you learn there are problems with your device, don’t assume that it has to be removed. Contact your doctor and learn to recognize possible negative side effects in your case.

This article appeared in our April 2015 "You Should Know" e-newsletter.

The First 10 Minutes After a Car Accident

Make sure important information is handy when you need it with our 10 Minutes, 10 Hours list on what to do after a vehicle accident. Perfect for your glove box…