Posts Tagged ‘Chicago Wrongful Death Attorney’

Toyota Does It Again

Monday, November 8th, 2010

Our Chicago wrongful death attorneys have come to expect the corporations of the world to engage in delay and spin, while gambling with the lives of consumers (aka, the public).  Thus it comes as no surprise to learn of continuing revelations from Toyota Motor Corporation, which demonstrate just how much the company is willing to do to protect its bottom line.

Just today, a wrongful death lawsuit against Toyota was filed claiming that a defective keyless ignition system in a luxury Lexus vehicle caused the carbon monoxide poisoning death of a 79-year-old New York lawyer.

Last week, Toyota announced yet another recall – this time the recall of around 1.5 million vehicles, both Lexus and Toyota models.  The recall was prompted by brake-fluid and fuel-pump problems.  The vehicles involved range from the 2004 to 2006 model years.  Although there have not yet been any injuries or deaths associated with these problems, it seems that it is only luck that has kept it that way.  The brake-fluid problem can lead to “spongy” brakes and eventual brake failure, while the fuel-pump issue can cause engine stalls.  Either of these problems could easily lead to motor vehicle accidents or wrongful death.

This is only the latest in a frightening string of recalls by Toyota – all within the past year.  The first and best known of these recalls involved a a series of vehicles whose accelerators could become stuck.  The next Toyota recall involved Toyota SUVs and pickups whose steering systems can break, causing drivers to lose control of the vehicles. Then, in July, the third recent Toyota recall hit.  In that recall, Toyota recalled about 270,000 Lexus and other luxury vehicles with potentially defective valve springs, which can cause engine failure.

Toyota waited at least four months, after learning of the phenomenally dangerous accelerator defect, before informing U.S. authorities.   As to the steering system defect in SUVs and pickups, the public later learned that Toyota waited at least a year before learning of the defects before it informed U.S. authorities. And with the recall of the luxury vehicles, Toyota waited an astounding three years between learning of the defect and informing U.S. authorities.

Now, it seems that the problems run even deeper.  Our Chicago personal injury lawyers have learned that this time, Toyota waited five years – yes, five years – between first learning of the brake-fluid problems and issuing last week’s recall.  The first reports of the problem began to reach Toyota in 2005, yet it is only now, near the end of 2010, that the company has deigned to share this information with the U.S. authorities and the public.

Shockingly, Toyota has defended this delay, stating that the possible brake failures did not pose “an unreasonable safety risk.”  We are appalled, but not surprised, by this lack of concern for the lives and welfare of customers – and those in the path of their unbrakeable vehicles.

This simply cannot be allowed to continue.  Although Toyota has taken a hit in U.S. sales, and been levied a large fine by U.S. authorities, the company remains the world’s top automaker.  Indeed, although the company’s global sales dropped slightly in the months following the announcement of the first, accelerator-based recall, the company still made over a billion dollars that quarter.  And, in spite of the subsequent recalls, sales rebounded, with the company raking it is usual $2.2 billion in the subsequent quarter – the most recent for which data is yet available.

Simply put, these continuing obscene profits give the automaker no real incentive to take safety seriously.  Until U.S. authorities, U.S. consumers, and, most importantly, U.S. victims truly begin to stand up to this automotive Goliath, nothing will change.  If you or someone you love has been seriously injured or killed by a defective Toyota vehicle, we urge you to come forward, and to take action against the company.  Perhaps this is the only way to send the message that this will not be tolerated, and that the company will be made to pay for its disregard of our lives.

For a free consultation with an experienced Chicago product liability lawyer at Passen Law Group, call us at (312) 527-4500.

BP Hit With Record Fines and Judgment Relating to Unsafe Refinery

Wednesday, December 23rd, 2009

Explosion Injury Lawyer 300x199 BP Hit With Record Fines and Judgment Relating to Unsafe RefineryAt the end of October, the Occupational Safety and Health Administration (OSHA) levied a record-breaking $87.4 million fine against British Petroleum (BP) for failure to correct safety violations after a 2005 explosion at its Texas City, Texas refinery.  Fifteen people were killed in the explosion, and 170 others were injured.  To contact a top explosion injury lawyer, call Passen Law Group at (312) 527-4500 for a Free Consultation.

Last week, a federal jury in Galveston, Texas, awarded $100.3 million in punitive damages to 10 plaintiffs injured from toxic emissions in 2007. The suit alleged that BP released an unknown toxic substance while workers were “repairing two units damaged in a plant-wide shut down in 2005 before Hurricane Rita.” As in the 2005 explosion, poor maintenance contributed to an unsafe environment.

Toxic substances can cause debilitating injuries, and can come from a variety of places, including work places, homes, even drinking supplies. Negligence often plays a large role in toxic substance cases, commonly referred to as “toxic torts” Industrial companies, for example, may dump toxic substances into drinking supplies instead of properly disposing of the chemicals. Toxic tort cases can be very complicated, and involve many players.  Our experienced personal injury lawyers have a thoroughly understanding of the nuances involved, and can help you navigate your case.

The Occupational Safety and Health Administration (OHSA) defines toxic substances as “as those chemicals present in the workplace which are capable of causing harm.” It also expands the definition of “chemicals,” including but not limited to:
•    Dust
•    Mixtures
•    Paints
•    Fuels
•    Solvents

When toxic substances are involved, OSHA has specific guidelines that cover such safety features are ventilation, protective clothing, disposal and reporting.

Exposure to toxic substances can cause serious, life-long health problems and permanent damage to nervous, respiratory and immune systems. If you or a loved one have been seriously injured or killed as a result of and explosion or toxic exposure, contact the wrongful death attorneys of Passen Law Group today for a free consultation.

Understanding Wrongful Death Lawsuits

Wednesday, July 29th, 2009

wrongful death 300x219 Understanding Wrongful Death LawsuitsIn the simplest terms, wrongful death is where someone is killed as a result the negligence, recklessness or wrongful conduct of another. In the personal injury context, wrongful death may occur as a result of transportation-related accidents, construction accidents, defective products and medical negligence.

A wrongful death claim generally consists of the following four elements:

1. Death caused by the conduct of the defendant
2. Defendant was negligent or strictly liable for the victim’s death
3. There is a surviving spouse, children, beneficiaries or dependents
4. Monetary damages have resulted from the victim’s death

Each state has its own set of rules that govern wrongful death claims. In Illinois, the Illinois Wrongful Death Act (740 ILCS 180/1 et seq.) is used to file a wrongful death claim. The Act covers such things as who can bring a wrongful death claim, the time frame in which a wrongful death claim can be brought and how damages may be awarded. Because of complexities and nuances of the Illinois Wrongful Death Act, it is important to contact a top-ranked Wrongful Death lawyer about your case.

It is important to note a distinction between a wrongful death claim and a regular personal injury claim. In a regular personal injury claim, the injured party brings a suit against the negligent party, be it a hospital, construction contractor or truck driver.

Conversely, a wrongful death claim is brought by the “personal representatives” of the deceased person, typically the surviving spouse or next of kin, of the deceased person. Any recovery is distributed in the proportion, as determined by the court, of dependency of each person on the deceased. The Act also states: “the amount recovered in every such action shall be for the exclusive benefit of the surviving spouse and next of kin of such deceased person,” unless the deceased person left no surviving spouse or next of kin. Friends, classmates and second cousins do not fall into the “next of kin” category. Adopted parents or children, however, do. The Act clarifies that an adopting parent and an adopted child are considered next of kin, and in wrongful death cases, are to be “treated as a natural parent and a natural child.” So you can file a wrongful death claim, whether your natural child or parent or your adopted child or parent died as a result of another person’s negligence.

740 ILCS 180/2 also outlines how damages may be awarded, reduced or even barred if the decedent was more than 50% comparatively at fault, which contributed to his or her death. Furthermore, as distinguished from typical personal injury actions, the contributory negligence of each beneficiary, or those who stand to collect a portion of the damages award, is also taken into consideration in awarding damages for wrongful death.

Furthermore, unlike a general personal injury lawsuit, the Wrongful Death Act specifically allows the surviving spouse and next of kin to recover damages, “including damages for grief, sorrow, and mental suffering.” This goes beyond the typical elements of damage, including pain and suffering, loss of future income, and medical expenses.  Only the best fatal accident lawyer can help you navigate through the Wrongful Death Act and investigate your case to ensure that your rights as a beneficiary are protected ant that you and your family recover the maximum compensation available for your loss.