You Should Know: America’s 2015 Top Safety and Justice Stories

It was a busy year for those who fight for the health, safety and legal rights of all Americans. While this short list is by no means exhaustive, here are some of the top stories we were watching in 2015:

1. Forced Arbitration Is Forced Injustice

Many Americans are signing away their right to a day in court.

Many Americans are signing away their right to a day in court.

There’s a legal land mine buried deep in thousands of consumer and employment contracts called a “forced arbitration” clause that threatens our right to hold major corporations accountable for wrongdoing. This loophole prohibits Americans from taking companies to court and instead forces them into secretive arbitrations, which are typically stacked in favor of the company. An investigation by The New York Times has focused renewed scrutiny on the harm caused by forced arbitrations in claims of medical malpractice, sexual harassment, hate crimes, discrimination, theft, fraud, elder abuse and wrongful death. You can join others in petitioning Congress to ban forced arbitration right here.

2. Food That Sickens Rather Than Nourishes

Major cases of food contamination at Chipotle Mexican Grill and Blue Bell Ice Cream this year illustrate the growing problem of foodborne illness. According to a new report from the American Association for Justice, 48 million people fall sick, 128,000 are hospitalized and at least 3,000 die each year from foodborne illnesses. Questionable production techniques and cost-saving measures, combined with weak state and federal oversight, threaten to make the situation worse. Litigation helps shed light on dangerous practices and hits companies back hard with large financial penalties and damaged reputations.

3. Cost Savings Creates Deadly Defect in Guardrails

Trinity Industries installed 220,000 guardrails throughout the country that may spear cars on impact.

Trinity Industries installed 220,000 guardrails throughout the country that may spear cars on impact.

Trinity Industries modified its highway guardrails to save money but instead created a deadly hazard, all of which didn’t come to light until it was sued by a whistleblower and those who suffered injuries as a result of the defect. Rather than slow down a vehicle when impacted, the Trinity guardrails spear through the passenger compartment. A federal judge recently ordered the company to pay $663 million in penalties for concealing the design modification from federal officials. At least 14 lawsuits blame the guardrails for causing injuries in crashes, including five deaths, according to The New York Times.

4. Exploding Airbags Seriously Injure Motorists

Airbags made by Takata and installed in vehicles from 12 different automakers can explode when deployed, injuring or even killing occupants. A report published in The New York Times alleges that Takata knew of the defects for years but failed to take action. Since then the National Highway Traffic Safety Administration (NHTSA) has recalled 19 million vehicles in the United States, fined Takata for failing to cooperate with its investigation and handed down a record civil penalty of $200 million.

5. New Regulations Protect Nursing Home Residents

Proposed regulations would improve nursing home safety.

Proposed regulations would improve nursing home safety.

The federal watchdog for nursing home safety has proposed sweeping new regulations designed to improve patient care and safety for more than 1.5 million Americans living in long-term care facilities. Such regulations are long overdue, according to patient safety advocates, family members and nursing home lawyers, who report numerous cases of abuse and neglect. If the regulations are finalized, “unnecessary hospital re-admissions and infections would be reduced, quality care increased and safety measures strengthened,” according to the Centers for Medicare & Medicaid Services.

6. VW Trumps GM as Most Untrustworthy Car Maker

The scandal at Volkswagen over rigged emissions in more than 11 million cars worldwide reminds Americans once again that car manufacturers are often willing to jeopardize the health and safety of consumers to protect their profits. News of the VW scam comes just over a year after GM admitted it had covered up a defect in an ignition switch that has been blamed for at least 124 crash deaths. Both companies might have gotten away with their misconduct if not for a wrongful death lawsuit (in the case of GM) or a chance discovery by a small research team at West Virginia University (in the case of VW). Meanwhile, some in Congress are considering a bill that would bail out VW: learn more and tell Congress to vote no here.

7. Defective Products Create “House of Horrors”

Toxic drywall, failing sprinklers, leaking windows and even bursting toilets ... these are just a few of the defective and dangerous products that are featured in the “House of Horrors,” an informative infographic from the American Association for Justice. Each case demonstrates how consumers have fought back against shoddy manufacturers through class-action lawsuits, a right that is threatened by forced arbitration clauses as discussed above.

8. Toys Still Injuring Kids

Nearly 260,000 kids visit emergency rooms each year for toy-related injuries, according to the Consumer Product Safety Commission. And sadly, 11 children under the age of 12 died while playing with toys in 2014. The most common injuries include poisoning, choking, ingesting magnets or falling from riding toys. While regulators, safety advocates and the parents of injured children have succeeded in ridding store shelves of many unsafe toys, too many still get through. Learn more.

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

Guy Crabtree Argues Case Before The North Carolina Court of Appeals

Partner Guy Crabtree recently appeared before the North Carolina Court of Appeals along with Co-Counsel, Douglas Maynard, to argue a case of statewide significance. 

Guy is lead counsel in the case of BSK Enterprises vs. Beroth Oil Company. The case involves the petroleum contamination of BSK’s groundwater caused by leaking underground storage tanks owned by Beroth Oil. Guy and Doug, along with Mark Fogel, tried the case in Winston-Salem last year. The jury returned a verdict for BSK of $1.5 million to clean up the BSK property. The judge reduced the jury award to $108,500.00, the amount the jury determined the BSK property had been reduced in value by the contamination. Guy appealed. The issue to be decided by the court is what is the proper measure of damages in a groundwater contamination case when the cost to clean up the property greatly exceeds the diminished value of the property.  This is a case of first impression in North Carolina. That means this particular issue has not yet been decided by our courts.  

We should have a decision within the next several months.  The decision will impact property owners all over our state. Good luck to Guy, his client and legal team. 

You Should Know: Your Responsibilities as a Party Host

Protect Yourself and Your Guests When Hosting a Holiday Party

Hosting a party this holiday season? Before stamping that last invitation, learn how you can protect yourself and your guests. The legal principles at work here are called premises and social host liability. Here are tips and suggestions for preventing injuries and protecting your interests before guests arrive:

Let’s Start with Alcohol

“Holiday cheer” is often synonymous with alcoholic beverages in many people’s minds. There is nothing wrong with that thinking, but homeowners should be aware that they may be held liable in some states if intoxicated guests leave the party and cause injury or property damage to others. So...

  • Encourage guests to pick a designated driver.
  • Stock plenty of non-alcoholic beverages and serve food.
  • Don't pressure guests to drink too much and cut off anyone who has already had enough.
  • Call a cab for intoxicated guests, give them a ride (if you are sober), or offer a place to sleep at your house.
  • Never allow minors to drink.
  • As the host, stay in control by not drinking too much yourself.
Click to view a Drinking & DUIs During the Holidays infographic

Click to view a Drinking & DUIs During the Holidays infographic

Now, Look Around Your House

As the property owner, you are responsible for protecting your guests from unsafe conditions on your property. So...

  • Fix any tripping hazards like broken stairs or loose handrails, double-stick tape throw rugs and secure extension cords.
  • Remove any dangerous items that might injure children like an old freezer, a broken swing or poison hazards.
  • In colder climates, keep sidewalks and steps free of ice and snow.
  • If you have a pool, keep gates locked or make sure kids are supervised by an adult if using the pool.
  • Consider restraining pets as you may be liable if a guest is bitten or scratched.

Review Your Homeowner’s Insurance

The liability coverage in your homeowner’s insurance may be your final line of defense if someone is hurt during a party at your home. So...

  • Make sure it is in force and that your policy limits are high enough to cover an injury. Standard minimums of $100,000 to $300,000 may not be enough to cover all the costs associated with a serious injury.
  • If you have significant assets in addition to your home, consider an umbrella policy for added liability protection.
  • Check for exclusions and contact your agent if you have any questions.

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

Crabtree, Carpenter & Connolly Announce Firm Recognitions

Firm.jpg

Durham law firm Crabtree, Carpenter & Connolly, PLLC (CCC) is honored by the recent firm recognitions our lawyers have received from our peers and the business community. 

CCC has been named a Tier 1 firm in the Research Triangle area for Personal Injury Litigation – Plaintiffs, by US News – Best Lawyers® “Best Law Firms” in 2016.  Best Lawyers is the oldest and most respected peer-review publication in the legal profession. A listing in Best Lawyers is widely regarded by both clients and legal professionals as a significant honor. 

In addition, CCC has been selected as a winner in the Corporate America 2015 M&A Awards for Best Commercial Transactions – North Carolina.  The Corporate America M&A Awards identify and commemorate the successes of prominent professionals across a variety of different fields who are excelling in their industry. All of the awards are handed out solely on merit and are given to commend those most deserving for their exceptional service over the last 12 months. 

You Should Know: Tips for Keeping Loved Ones Safe at Home

Most Homes Are Not Designed to Prevent Injury to Older Americans

Storage areas for medications should be well-lit

Storage areas for medications should be well-lit

In 2013, there were 44.7 million Americans age 65 and older. As the baby boomer generation ages, that number will spike upwards to 56.4 million in 2020, 82.3 million in 2040 and 98.2 million in 2060. Most baby boomers will live longer on average than previous generations, remain independent and age gracefully, which makes “aging in place” (living at home as long as possible) an attractive option. But several studies suggest that most homes are not designed to minimize safety risks for people over age 65.

Five Tips for Keeping Loved Ones Safe at Home

Independent living and safety are not mutually exclusive. In fact, aging itself isn’t necessarily a hazard; rather it’s often the living space that needs to be updated. Here are five tips from the American Geriatrics Society’s Health in Aging Foundation to protect loved ones from home hazards:

1. Keep Emergency Numbers Handy.

Always keep a list of emergency numbers by each phone and write them big enough to read easily if in a hurry or frightened. Be sure to include numbers for the poison control center, fire and police departments, family members and the family doctor.

2. Prevent Falls.

The Centers for Disease Control and Prevention reports that falls are the leading cause of injury for older Americans. Every 13 seconds a fall-related injury is treated in an emergency room and every 20 minutes someone dies from a fall.

To prevent falls, make sure all hallways, stairs and paths are well-lit and clear of objects, use rails and banisters when taking the stairs, and tape all area rugs and cords to the floor so they don’t move. Also consider a wearable alert system that allows a senior who has fallen to summon emergency personnel. Download this step-by-step fall prevention checklist.

3. Protect Against Fire and Related Dangers.

Older adults are at greater risk of dying in a home fire. They may move more slowly or have trouble hearing a smoke alarm. Smoking is the leading cause of fire deaths, so try to smoke outside and never in bed. Make sure there is a LOUD, working smoke alarm on every level of the house, in bedrooms and outside of sleeping areas. Download this tip sheet from the U.S. Fire Administration for additional information.

4. Avoid Bathroom Hazards.

Falls are the leading cause of injury for older Americans.

Bathrooms are especially hazardous for older adults, accounting for 80 percent of all falls according to the National Institute on Aging. They have slippery and unforgiving floor surfaces, and few sturdy handholds. Install grab bars in the shower and near the toilet. Put rubber mats in the bathtub. And consider setting the water heater thermostat no higher than 120 F to prevent scalding. Consumer Affairs has a number of additional tips for making bathrooms safe for seniors.

5. Prevent Poisoning.

The risk for a medication mistake increases as we age. According to 2014 Medicare records, there are more than half a million drug-related injuries that occur at home every year. Mistakes can include taking too much medication, taking the wrong medication or incorrectly mixing two or more medications.

To prevent accidental poisoning, keep all medications in original containers to avoid mix-ups, and store medications in a well-lit room so the labels are easier to read. Ask the pharmacy to put large-print labels on prescriptions. And bring all pill bottles to doctor appointments to ensure medications are being taken correctly.

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

Welcome Diego!

Please welcome Diego Cervantes, a sophomore at Durham School for the Arts, who recently joined our firm as in intern through Partners for Youth Opportunities. The organization partners with the community to provide Durham youth with opportunities through mentoring, employment and educational support.  

When Mal King volunteered Crabtree, Carpenter & Connolly to sponsor a student, he learned about Diego’s interest in working in a law firm.  Diego now comes in four days a week and is learning a lot about the law practice every day.  “He is a hard worker and we are excited to have him as part of our family,” said Angie Elliott, Paralegal and Office Manager.