Wrongful Death Suit Filed in Hypothermia Case

Wrongful Death Suit Filed in Hypothermia Case The son of a Coeur d’Alene woman who was found frozen to death in her apartment has filed a […]

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Driver Fatigue Suspected in Fatal Crash

Driver Fatigue Suspected in Fatal Crash The driver of a commercial truck that drifted into the opposite lane and struck a car travelling in the other […]

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Motorcyclist Suffers Head Injuries

Motorcyclist Suffers Head Injuries A single-vehicle crash in St. George left a motorcyclist with life-threatening injuries. The man, in his twenties, was taken to a local […]

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Sleep Driving Case Goes to Trial

Sleep Driving Case Goes to Trial The nearly three-year-old case of a Coeur d’Alene woman who claims she was “sleep driving” when she crashed two cars […]

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Inattentive Driver Crashes into NIC Coaches

Inattentive Driver Crashes into NIC Coaches A reckless crash left one local college basketball coach on a ventilator, put another in the hospital for several days […]

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Hit-and-Run Kills Man, Injures Two Children

Hit-and-Run Kills Man, Injures Two Children An alleged drunk driver confessed to Nampa police shortly after hitting three people and fleeing the scene. The victims, a […]

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Motorcyclists Unlucky on I-184 Connector

Motorcyclists Unlucky on I-184 Connector A motorcyclist was seriously injured in a crash on I-184 in Boise in September. When we saw the headline, the story […]

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Get Your Car Ready for Winter Driving

Get Your Car Ready for Winter Driving In Utah, we are lucky to get the full spectrum of seasons, and along with that comes the full […]

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Daycare Center Problems Uncovered

Daycare Center Problems Uncovered Recent reports of injuries to children in daycare centers in the Boise area have raised concerns about the quality of some of […]

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Road Debris Major Crash Concern

How much risk is acceptable to you when you drive? If you knew that a particular kind of car accident happened to only one driver every […]

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New Truck Speed Limits Floated

A new proposal from the National Highway Transportation Safety Administration (NHTSA) would require that new technology be added to trucks operating on US highways to impose […]

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Samsung Recall Affects One Million Consumers

Samsung’s new Galaxy Note 7, expected to be one of the company’s flagship smartphone products, has a problem: A defect in the battery can cause the […]

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Commuter Rail Crash Kills One, Injures 114

A still-unexplained commuter rail crash in New Jersey last week has suddenly brought the issue of railroad safety back to the forefront of the American consciousness. […]

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Pleasure Boat Crashes No Fun at All

This summer, we saw a steady stream of reports about serious pleasure boat crashes in all of the areas where we practice: Utah, Idaho, and Washington. […]

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Leaving the Scene Is a Crime

An incident that recently took place in the Salt Lake City suburb of South Jordan should remind all motorists that certain driving behaviors aren’t simply courteous […]

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Boise Man Pleads Guilty in Cyclist Death Case

A Boise man pleaded guilty to misdemeanor inattentive driving in August, finally settling the case of a cyclist’s death that’s been getting attention since 2013. The […]

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Is Spokane Seeing a Summer Crash Spike?

The staff members in our offices are accustomed to hearing about car crashes in the news—helping the victims of accidents that involve cars, trucks, motorcycles, and […]

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Aggressive Driving Ends Badly

Boise residents have many things to be proud of. We have great skiing, hiking, and a host of other outdoor activities. We have a solid history […]

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Boise Drivers Among the Safest

Boise residents have many things to be proud of. We have great skiing, hiking, and a host of other outdoor activities. We have a solid history […]

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Distracted Driver Kills Pedestrian, Tries to Delete Texts

In one of the worst cases of reckless behavior yet connected to a distracted driving incident, a Boise man who was driving distracted because he was […]

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“Pokémon Go” Adds to Distracted Driving Risks

“Pokémon Go” Adds to Distracted Driving Risks A new smartphone game has been sweeping the country for the past few weeks. “Pokémon Go,” an update to […]

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Wrongful Death Claimed in Fatal 2015 Car Crash

Family members of a man who died in a multiple-vehicle crash on Interstate 15 near Riverdale last August 23 have filed a wrongful death suit against […]

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Recent Pedestrian Crashes in Spokane Cause for Concern

Recent Pedestrian Crashes in Spokane Cause for Concern A number of recent crashes and other incidents that have caused injuries to pedestrians should remind Spokane-area residents—both […]

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Higher Speed Limits Kill

Higher Speed Limits Kill Research by one of the most influential automotive safety organizations suggests that higher highway speed limits have resulted in a measurable increase […]

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Increase in Playground Concussions Raises Concern

Increase in Playground Concussions Raises Concern Actions in the recent past to improve playground safety have been paying off. A report by the Consumer Product Safety […]

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Happy Birthday Ryan!

Ryan has worked with the firm since October 2011.

Happy Birthday Gonzalo!

Gonzalo works with Attorney Bobby Udall in our Utah office. He has been with the firm since April 2009.

Happy Birthday Andrea!

Andrea works with our Spokane litigation attorneys and has been with the firm since December 2014.

Medical Device Causes Brain Damage

A Washington man recently filed a lawsuit claiming that he was permanently injured after receiving a medical device designed to treat aneurysms. The device, marketed as the Penumbra Coil 400, was designed to be placed inside a blood vessel in the brain in order to help repair aneurysms and prevent them from getting worse. In 2011, the Food and Drug Administration (FDA) issued a recall on this device, but it was again cleared for use in 2012. The plaintiff’s lawyer has noted that it’s not clear if the device used on the victim was from a recalled lot or if newer devices still have a problem.

Related to Previous Recall?

The Penumbra Coil 400 is a small coil of special wire meant to strengthen the blood vessel around an aneurysm in order to prevent further damage and allow the body to accelerate its own healing process. Some studies have found the device to be safe and effective, but even these note potential complications. When the 2011 recall was announced, it was not specifically for the coil itself but rather the accompanying microcatheter delivery system used to implant it. This system had a defect that allowed the coil to be released before it was fully in place. This incorrect placement could lead to serious injury, including blood clots and stroke. That’s exactly what the attorney for Dennis Montgomery claims happened to his client, even though Mr. Montgomery received the device more than a year after it was again declared safe.

The 2011 action was a Class I recall, the highest type the FDA issues. This indicates “a reasonable probability” that the device “will cause serious adverse health consequences or death.” The manufacturer had stated at the time that all affected devices had been accounted for and returned.

A Patient’s Pain

Mr. Montgomery received a Penumbra Coil 400 in 2013. His suit claims that the device could only be inserted 90 percent of the way into the aneurysm, and that because the delivery system did not work properly and the device detached prematurely, the doctor performing the operation was unable to remove and reposition it. The coil—and the stents used during the operation—had to be left in Montgomery’s brain. This led to blood clots, which in turn caused a stroke. He is now unable to work and has been in pain ever since.

Different Devices, Similar Problems

Although few serious problems have been reported with the Penumbra Coil 400 device so far, a similar product of the same class was also recalled because of the risk a manufacturing defect presented to some patients. In 2014, the Pipeline Embolization Device for aneurysm treatment and its accompanying Alligator Retrieval Device were both recalled by their manufacturer, Covidien, and the FDA. The wires used to deliver the devices were coated with a layer of Teflon that, due to a change in the manufacturing process in some lots, could separate during or after use. As with the Penumbra Coil, this had the potential to lead to blood clots, which in turn could lead to stroke. Fortunately, there were no reports of patients actually being harmed before the device was recalled.

Defective Product Attorneys in Washington

Medical devices are supposed to be proven safe before they reach the public. When this doesn’t happen, which seems to be the case in this instance, a patient can be seriously harmed or even killed. The risk might be due to a quality control issue or a manufacturing defect, but sometimes the hazard is known to those selling the device. Whether the risk is the result of an accident or negligence, any victim is entitled to seek restitution when harm results.

The law firm of Craig Swapp & Associates has experience with legal actions involving liability for defective products. If you or a loved one has been harmed by a defective product, such as a dangerous medical device, it’s important to recruit a legal team that can help in your pursuit of justice. Give us a call today at 800-404-9000 for a free consultation to go over the details of your case. You can also contact us with our online form or have many of your questions answered in minutes by opening the LiveChat application from any page of our website.

 

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Motorcycle Safety Awareness Stressed

Utah law enforcement is stepping up motorcycle safety awareness. As part of a statewide campaign, “Heads Up: We’re All Responsible,” motorcycle enthusiasts, equipment suppliers, and police recently gathered to raise the profile of motorcycles with all drivers. The effort is part of the larger Zero Fatalities campaign, which has the goal of bringing annual traffic deaths as close to zero as possible. Last year, thirty-six motorcyclists were killed in crashes on Utah roads.

The emphasis on motorcycle safety is timely, although unrelated to any particular incident. Recent Utah news coverage has included numerous stories about motorcycle crashes, many with unhappy endings.

Recent Motorcycle Accidents Lead to Injury and Death

April was a particularly bad month. Two motorcyclists died in back-to-back crashes in Midvale on the sixth and in Layton on the seventh. On the twenty-second, a retired Millard County sheriff’s deputy was killed and his wife seriously injured when he apparently lost control of his motorcycle and drove off I-15 near Kanarraville. A very serious non-fatal crash made the news on the nineteenth.

The most prominent incident also happened on the nineteenth when the owner of a well-known Salt Lake City deli was struck while riding his motorcycle by a driver who has since been charged with driving under the influence. That collision demonstrated exactly what police and motorcycle safety advocates stressed at the “Heads Up” event: both motorcyclists and other drivers have to do more to improve safety. In this case, the driver of the car made an incautious left turn into the path of the motorcycle, which had the right of way. Actions such as this are perhaps the most common event in car-motorcycle crashes. Unfortunately, the motorcycle driver was not wearing a helmet, which greatly reduced his chances of surviving a crash. Utah law does not require operators over the age of eighteen to wear helmets, but they are encouraged to do so.

Motorcyclists aren’t always the victims, however. On April 13, a six-year-old Salina boy was killed after he stepped into the road in front of a motorcycle whose driver did not see him.

Know the Risks

May is Motorcycle Safety Awareness Month, but motorcyclists need to be vigilant year round. While the rate of crash deaths for cars has dropped significantly in recent decades, it’s held steady for motorcycles, in large part because new technologies—airbags, anti-lock brakes, and so on—either can’t be added to or are less effective on motorcycles. Per vehicle mile driven, motorcyclists now experience twenty-six times the level of fatal crashes as passenger car occupants. Many people ride motorcycles to experience the freedom of the open road, but at the same time, they must stay alert to the road’s dangers and look out for their own personal safety. Other drivers often claim they did not see the motorcyclists they hit, but more than 40 percent of all fatal motorcycle crashes don’t involve another vehicle.

Salt Lake City Motorcycle Accident Attorneys

At the law firm of Craig Swapp & Associates, we understand the potential complexities of motorcycle crashes. We work hard to achieve the best outcome for our clients, whether that means a settlement or bringing a case all the way to trial. The victims of motor vehicle accidents are entitled to fair compensation for the damages and injuries caused to them by others, and that’s what we strive to achieve.

If you’ve been involved in a motorcycle accident, give us a call to see if we can help. We offer a free consultation to discuss the specifics of your case. Call us today at 1-800-404-9000 or contact us online. You can also launch the LiveChat application from any page of this website to have your questions answered in real time.

 

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Family Sues Over Wrong-Fuel Crash

The family of a pilot who died after a crash at the Hamilton Street overpass in Spokane in February of 2015 is suing the fuel company that refueled his plane at Spokane’s Felts Field airfield. According to the preliminary report from the Federal Aviation Administration (FAA) and the National Transportation Safety Board (NTSB), the plane had just been refueled using the wrong type of fuel. Based on this information, the family has filed a claim for wrongful death.

A Terrifying Final Flight

Imagine stopping to fill up the tank of your car on the way to a business meeting. You’re running on empty, so you pull into a full-service gas station, the attendant asks what fuel you want, fills the tank, charges your credit card, and off you go. Five miles later, the car starts acting funny, and then the engine gives out and you sputter to a stop. That’s exactly what the lawsuit, filed by the pilot’s widow, claims happened—only with much more serious consequences than a stalled car.

Michael Clements, en route from Alberta, Canada, to Stockton, California, landed his Piper Malibu at Felts Field to fuel up. The Piper Malibu uses high-octane aviation gasoline, also known as avgas, but the employee manning the pumps at Western Aviation that day instead topped Clements’ tanks with Jet A fuel. The plane took off with no apparent problems, but as the wrong fuel made its way to the engine, trouble quickly followed. Minutes after takeoff, the plane went down, crashing at the BNSF rail tracks just to the east of the Hamilton Street overpass and south of the Spokane River. Clements was seriously injured in the crash and died at Sacred Heart Hospital two days later.

Questions of Negligence

Almost immediately, investigators had suspicions about the fuel put into Clements’ aircraft by an employee at Western Aviation. Both crash investigators and state environmental investigators, called to the scene because of the large fuel spill, noted the smell of jet fuel, which was wrong for this type of plane. Clements’ plane should have used only avgas, but records show fifty-two gallons of Jet A fuel went into its tanks at Felts Field. There are clear warning labels on the tank to prevent using the wrong fuel, and pumps are supposed to use different nozzles which will not fit into the wrong type of tank. It has been reported that the pump used at Felts Field had a “rogue nozzle” that allowed the wrong type of fuel to be pumped. In that sense, the tragedy that struck Clements may have been an accident waiting to happen, which could have affected any pilot.

Spokane Aviation Lawyer

Traveling by air is generally a very safe proposition. National Transportation Safety Board data for 2013 shows that while nearly 33,000 Americans lost their lives in highway accidents, only 443 died in plane crashes. Of those, the vast majority—over 87 percent—happened in small planes, primarily single-engine craft carrying only a pilot or a pilot and one or two passengers. Commercial air travel with the major carriers remains very safe.

Crashes still happen, sometimes because of human error or negligence. If you or someone close to you has been in an aircraft crash, you should immediately consult with an experienced aviation attorney to determine how to proceed. At Craig Swapp & Associates, we know what is involved when we take on an aviation accident case. Give us a call to discuss your situation and find out what we can do for you. Call our toll free number 1-800-404-9000 for a free consultation, or contact us online to request a meeting. You can also have many of your questions answered immediately by opening the LiveChat application from any page of this website.

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Happy Birthday Joel!

Joel works out of our Meridian Idaho office and has been with the firm since January 2013.

Happy Birthday Teri!

Teri is a legal assistant for attorney Lee Peterson in our Spokane office. She has been with the firm since March, 2014

Spokane Car-Truck Crash Highlights Risk

A collision on Argonne Road recently underscored the danger that large truck crashes pose to motorists in smaller vehicles. The driver of the car later died from her injuries, a result that is tragically all too common in situations like this. When a crash involves a large truck and a smaller vehicle, not only is the risk of serious injury or death greater than when two smaller vehicles collide, but it’s usually the occupants of the smaller vehicle who suffer most.

Very Bad Odds

According to the preliminary report, on March 11th at approximately 4:00 a.m. near the intersection of Argonne and Bigelow Gulch Road, a passenger car with a single occupant crossed the centerline and collided with a semi-truck traveling in the opposite direction. As you can see from this photo taken at the scene, this kind of collision is extremely destructive.

Truck crashes account for about 3 percent of all crashes with injuries or property damage but account for more than 8 percent of crash fatalities. When a passenger vehicle and a truck or other large commercial vehicle collide, the damage is particularly lopsided in favor of the truck. Data from the Insurance Institute for Highway Safety (IIHS) claims that when there is a fatality in a crash between these two types of vehicle, the driver killed is the one driving the passenger car an astounding 97 percent of the time.

This is mostly the result of simple physics. Even though safety features such as air bags, crumple zones, and anti-lock brakes are often better in cars, a fully loaded semi-truck can weigh more than twenty times the average American car on the road today. In situations like this, it doesn’t matter who is at fault, the car and its occupants are at much greater risk than those in the truck.

Stay Alert and Drive Safely

Collisions between passenger vehicles and large trucks are not uncommon—in fact, ten to fifteen happen in Washington State every day. Most are minor and only result in property damage or less serious injuries, but between thirty and fifty motorists are killed in crashes like this in Washington each year. About twice that many suffer serious injury.

Drivers should always use caution around trucks, buses, and other large vehicles. Besides being much heavier than a passenger car, they are not as maneuverable and can’t stop as quickly as smaller vehicles. Their size also means that a truck’s driver can’t always see smaller vehicles nearby. No matter how well the mirrors are positioned, a car can disappear into a truck’s blind spot, and no driver is good enough to react to something that he or she can’t even see.

Spokane Truck Accident Lawyers

If you’ve been in a crash involving a semi or other large commercial vehicle, it’s a good idea to have experienced legal help on your side. The state and federal laws and regulations that apply to trucks can be complex, and dealing with insurance companies can be difficult. The victims of truck collisions deserve help covering medical bills, property damage, and lost wages and income. Turn to Craig Swapp & Associates for assistance. Our office understands truck accident law, and we offer a free review of your case to help you decide how to move forward. Use the free LiveChat application from any part of our website for quick answers to your questions. You can also call us at 800-404-9000 or contact us online today.

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Rollover Accidents All Too Common

Several recent high-profile motor vehicle accidents in the Salt Lake City area have brought attention to a particularly dangerous type of crash: rollovers. Two rollovers were reported less than a week apart and almost within sight of each other on State Street on March 20th and March 26th. No one was seriously injured in either. On the same day as the second accident, however, a crash on I-15 in Beaver County resulted in the death of a forty-eight-year-old woman after the driver of the pickup she was in lost control and rolled several times after striking the median. That accident was blamed on winter storm conditions.

A Dangerous Pattern

National statistics note that rollovers make up only a small fraction of all crashes: less than 3 percent. Unfortunately, they are disproportionately dangerous. More than one-third of all crash deaths happen in rollovers, which are particularly deadly when the vehicle occupants aren’t restrained by seat belts. Rollovers are often blamed on high speed, and, perhaps surprisingly, around 85 percent of all rollovers involve only a single vehicle.

The Salt Lake City area has certainly seen its share of rollovers, and they seem to bear out the larger statistical pattern. In February, a woman was seriously injured when she rolled on I-15 near Riverdale; a tire blowout was blamed for another February rollover on I-15 which injured five people. A long list of similar accidents can be found in the news from over the past year: in October, a man was critically injured when he drove off the road and rolled in Hooper; one person was killed and at least three were injured in separate rollovers in August, one on I-15 in Millard County and another in Taylorsville; in July, a passenger was critically injured when the car she was in went off the road and rolled in Hobble Creek Canyon.

One thing all of these incidents, and many others, have in common is that all were single-vehicle crashes. But it’s not always the driver of a rolled-over vehicle who is at fault.

Contributing Factors Matter

Rollovers, like all types of vehicle crashes, have many contributing factors. Uncorrected road hazards, weather conditions, faulty vehicle parts, and the actions of other drivers can all be involved. In these cases, the victims of a crash might be able to prove that someone else was responsible. For example, the rollover of a bus with twenty-two children on board in Kansas last year was determined to be entirely the driver’s fault because he ran a stop sign and attempted to turn on to a highway at high speed. Defective tires have been found to be the reason behind other rollovers.

Experienced Auto Accident Lawyers

If you have been the victim of a rollover crash, give the offices of Craig Swapp & Associates a call. We understand car accident law and offer a free consultation to discuss the details of your case. You can reach us at 800-404-9000 or contact us online. You can also use the LiveChat feature on any page of this website to have someone answer your questions.

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Firefighter Cancer Claim Law Improves

In a move that will help push the rights of all injured workers forward, Idaho has enacted a new law that will make it easier for firefighters to receive worker’s compensation for cancer claims resulting from exposures on the job. The bill cleared both houses of the state legislature in mid March, and was signed by the Governor on March 31st. The new law changes the way cancer claims will be reviewed, fixing a process which used a standard of proof described by one legislator as “near impossible” for workers to meet.

Change a Long Time Coming

Firefighters have wanted this change for a long time, and similar measures have been proposed over the past sixteen years. Under the old process, when a firefighter was diagnosed with cancer he or she was required to prove that it was caused by work exposure. The new law includes a list of eleven cancers and specifies that if a firefighter is stricken with any of them, it will be “presumed to be…caused by the firefighter’s employment as a firefighter.” This doesn’t guarantee compensation, but any firefighting agency that wants to avoid paying a claim now has to prove that something else caused the cancer. Lung cancer is not on the list, and using tobacco products exempts firefighters from the new protections.

Cancer: Worker’s Compensation and Social Security

Cancer is a major cause of illness in the US, and many cases have been traced back to exposure to dangerous substances while on the job. In some cases, however, as with the old Idaho statute, a worker may face the burden of proving that a cancer was caused by an occupational exposure. The rules for cancer claims under worker’s compensation vary from state to state and sometimes by cancer to cancer. They might even be different for different kinds of workers. In Colorado, for example, firefighters can claim bladder cancer as an occupational injury if they have more than five years of service. In California, under certain circumstances a lifeguard can receive worker’s compensation for skin cancer.

The Federal Social Security system, through Social Security Disability Income (SSDI) and Supplemental Security Income (SSI), will often pay benefits to workers who have been afflicted with cancer or to their families. A worker who has suffered additional disability as a result of cancer or cancer treatment (such as injuries due to the side effects of chemotherapy) may also be eligible for benefits. These benefits are not delivered automatically, however, and the Social Security Administration sometimes denies claims if they are not documented properly or if some other aspect of the filing process is not completed to their satisfaction.

Idaho Disability Benefits Lawyers

If you or a member of your family has been injured and is unable to work, temporarily or permanently, it’s a good idea to have a knowledgeable attorney available to help you navigate the benefits system. Whether a worker’s injury has been caused by an accident on the job or through long-term exposure to a dangerous substance, the worker or his or her family is entitled to benefits. Social Security Disability is an insurance program that all workers pay into, and which all workers can expect to be able to lean upon in their time of need.

Craig Swapp & Associates is an experienced Boise Social Security Disability law firm and can help you get past-due benefits as well as future compensation. We offer a free consultation to discuss your case, and we charge you nothing unless the Social Security Administration approves your claim. Call us at 800-404-9000 or contact us online. You can also use the LiveChat feature on any page of our website to ask questions at any time.

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Ron S. Shares His Car Accident Case Experience

Another client testimonial, this is Ron S. and he shares his experience using Utah auto accident attorney Craig Swapp to handle his case. Have you been injured? Call today for a free consultation 800-404-9000 or visit our homepage here to get help today.

Client Shares Her Story Working With Personal Injury Lawyer Craig Swapp

Here Charlotte N. shares her experience using Utah personal injury attorney Craig Swapp to handle her case. Have you been injured? Call today for a free consultation, 800-404-9000 or visit us online to get help today.

New Client Testimonials Uploaded to Our YouTube Channel

Larry H. shares his personal experience using Utah car accident attorney law firm Craig Swapp & Associates 800-404-9000 or visit our website to get help today.

 

Let's get to know Stephen Redd

Just posted a video of one of our attorneys on his profile page.

Get to Know Personal Injury Lawyer Stephen Redd. View the video here.

 

Have you been injured? Call today for a free consultation (800) 404-9000 or visit Craig Swapp & Associates online to get help today.

Justice Sought in Wrongful Death Case

An ongoing case has raised an important question because of a potential quirk of Washington State law: can the survivors of a victim of wrongful death pursue legal action if they aren’t US residents? The attorneys for the defendant in a case involving the death of five students at North Seattle College, says “no” and are trying to have the case dismissed on those grounds.

The plaintiff’s attorneys, however, say “yes.” They believe that the law in question, dating to 1909 and thought to be unique among US states, is racist and xenophobic and that it needs to be invalidated, even if legislative action is required.

Sightseeing Tour Turns Tragic

The case stems from a September 24th crash in which a duck vehicle, operated by Ride the Ducks Seattle (RTDS), suffered a mechanical failure while crossing the Aurora Bridge. The vehicle swerved into the other lane where it struck a charter bus. Five people on the duck, all students at North Seattle College, died because of the accident. More than 60 others were injured.

In the case involving the family of one victim, Korean citizen Ha Ram Kim, RTDS’s attorney has argued that under the state law in question Kim’s family cannot sue for wrongful death because none of them lives in the US. The family’s lawyer responded that the law dates from a time of strong anti-citizen, especially anti-Asian, sentiment and that it should not apply. The old law is not only unfair to survivors but “remarkably offensive” he says. A Federal judge in Seattle has yet to rule on this issue.

Other Safety Violations, Other Suits

State investigators shut down RTDS for nearly four months after the crash, citing more than 460 safety violations, including not correcting a known problem with the vehicle’s front axle, which the National Transportation Safety Board ruled led to the crash. In January, the company began operations again with a reduced fleet and additional restrictions, such as staying off the narrow bridge where the accident took place. Last month, RTDS settled with the state and agreed to pay a $222,000 fine over previous violations.

There have been complaints about the safety of the bridge for some time, and action finally appears to be on the agenda. Several of the survivors of the crash, many of whom are also suing RTDS, have named the city and state in their suit because the bridge safety problem was known and went unaddressed.

Experienced Wrongful Death Attorneys

A wrongful death suit is brought when the conditions that led to a death are serious and justify legal action. When someone becomes a victim because of the reckless or negligent actions of another, the responsible party should be held accountable. The survivors of the victim have suffered a tremendous loss, and should receive restitution. Just as important, the parties responsible for a wrongful death need to be penalized sufficiently so that they have an incentive to never again take the sort of reckless action or allow the kind of negligence that led to the death. Others in a similar situation should also see that not taking their responsibilities seriously comes with a very heavy penalty.

If you need help deciding what to do after losing someone close to you in an accident in which you think negligence or recklessness was involved, contact Craig Swapp & Associates. We understand wrongful death cases, and can explain the different courses of action open to you. We offer a free consultation to discuss the specifics of your situation. Give us a call at 800-404-9000 or fill out our online form, or for immediate answers to your questions, use the LiveChat option from any page on this site.

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$72 Million Awarded in Talcum Powder Cancer Suit

A jury recently handed down a decision that surprised many and has brought attention to the claimed dangers of a common ingredient: the talc used in baby powder and many other products. In the first of what could be many similar decisions, the jury found that the actions of pharmaceutical and consumer goods giant Johnson & Johnson (J&J) resulted in the ovarian cancer of Jaqueline Fox. Fox died in October, but her family has the satisfaction of knowing that those who caused her early death have been held accountable.

Talc’s Long History

Most people don’t give a second thought to talc, the soft mineral that makes up the bulk of every shaker of baby powder. Cosmetics such as baby and bath powders are familiar uses, but talc is used in the manufacture of many products, including plastics, paints, and ceramics, which all account for more consumption than cosmetics. Even the paper industry, which uses talc to make paper smoother, whiter, and hold ink better, uses double the amount put into cosmetics.

The US Food and Drug Administration (FDA) has issued no explicit warnings for talc, but notes that it is chemically related to asbestos, a known human carcinogen. The two can be found (and mined) together and because of this care must be taken when mining and purifying talc. The FDA points out that a potential link between talc and ovarian cancer has been suggested since the 1960s, but these studies have not been conclusive.

The First Case of Many

More than 1,200 women have reportedly sued Johnson & Johnson for not publishing warnings about talc on their products. In June of 2014, many of these cases were consolidated in St. Louis. Around 1,000 are now on record there, with another 200 in New Jersey state court (where J&J is headquartered). Fox’s was the first to be heard.

According to the plaintiffs’ lawyers, a critical factor in the decision was information contained in internal J&J documentation. Memos and other corporate documents convinced some members of the jury that J&J had been aware of the risk for more than three decades. Instead of taking steps to make the product safer, or even include a warning label, they “tried to cover up” the danger and “actively undertook to hide the truth” from regulators and the public. They focused on the long-term preparation for a lawsuit instead of addressing the problem.

As it has throughout the case, J&J denies these claims and stands by the safety of talc. They expressed sympathy with Fox’s family and emphasized their focus on consumer safety, but made no other comment immediately after the verdict.

An Important Verdict

Marvin Salter, Fox’s son, was stunned by the amount of the jury award, which includes $10 million in actual damages and $62 million in punitive damages (about half of which is intended for the Missouri Crime Victim Compensation Fund). He pointed out that this case was not about the money: his mother’s fight was to force J&J and other manufacturers of talc products to warn consumers of the risks. She used these products daily for most of her life, but had no idea there was any danger until she was diagnosed with stage 3 ovarian cancer. Testimony in the trial showed that talc had accumulated in and inflamed her ovaries, which eventually led to the cancer. Attorneys at trial were able to show that around 10% of the 14,000-15,000 ovarian cancer deaths in the US each year are linked to talc.

Holding the Negligent Accountable

In justifying its decision, the jury found J&J guilty of product liability, failure to warn, negligence, and conspiracy. Although the size of the award might ultimately be reduced on appeal, this kind of result is exactly why product liability law and punitive damages exist. When an individual or a company knowingly markets a dangerous product, it’s not enough to make them pay damages to injured consumers. Too many companies simply factor this into their operating expenses as a ‘cost of doing business.’ Large awards hold companies accountable, making it too expensive for them to operate in unsafe ways. As one plaintiffs’ attorney noted, this also sends a message to others who might try a similar approach: if you are negligent today, you will pay in the end.

Craig Swapp & Associates has experience with product liability law. If you or a family member has been harmed by a defective product and you believe that negligence is involved, give us a call at 800-404-9000 for a free consultation to discuss your case. You can also leave a message for us online, or have someone answer your questions 24×7 by using the LiveChat option available from any page on our website.

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Good4Utah Interview

With the weather warming up and people beginning to set up swimming pools, trampolines, and other outdoor equipment, Craig Swapp from Craig Swapp & Associates discusses liability and precautions homeowners should take to prevent accidents and minimize the risk of liability. He explains the “attractive nuisance doctrine” and how it might apply to your property, the responsibilities that come with it, and how it might apply to you if a child is hurt on your property.

In this interview, Craig Swapp also suggest checking your homeowner’s insurance to see which types of injuries and equipment are covered because you may be surprised that things like trampolines, are not. If something in your yard is dangerous and someone gets hurt, you can be held liable for the injuries. Craig Swapp also shares what steps homeowners and property owners should take if an accident or injury happens on the property. Find out what you can do to ensure your equipment, swimming pools, swing sets, and anything else in your yard are safe, as well as any steps you can take to protect yourself from a lawsuit if someone gets hurt.

Transcript:

 

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Utah Pedestrian Accidents: Alarming Rise

Several recent vehicle crashes involving pedestrians have prompted the Utah Department of Transportation (UDOT) to remind both motorists and pedestrians how important it is to focus on safety. Utah is one of several states participating in the national Zero Fatalities campaign, a program designed to bring attention to all of the factors that contribute to unsafe driving and traffic fatalities. Pedestrian accidents are a component of this effort.

High-Profile Incidents

This year started badly: in early January, two pedestrians were killed in separate crashes in Layton on the same day. In February, two people were killed over two days on Salt Lake area interstates. In both of those cases, the victims had exited cars and were then struck. A five-year-old was struck in Magna. An 11-year-old in Orem. The list, sadly, goes on.

Data from the Utah Department of Public Safety (DPS) reveals a serious problem with interactions between pedestrians and motor vehicles. The numbers for auto-pedestrian crashes are up in almost every category: number of crashes, number of injuries, number of fatalities, and more. The numbers that are most alarming are probably the proportion of pedestrian-related crashes – now more than 15% of all vehicle crashes – and the rate of pedestrian crashes for the total population, which has increased by about 25% in the past decade.

These are not numbers in the abstract. Between 2005 and 2014, the latest year with complete data available, there were more than 7,500 crashes involving pedestrians in Utah. More than 6,700 people were injured, and 288 were killed. Pedestrians are “overrepresented in fatal crashes,” according to the DPS: they’re involved in only 1.4% of all crashes, but account for 12.7% of fatalities.

A Nationwide Problem

Utah isn’t alone in having a pedestrian crash problem. The Governors Highway Safety Association estimates a 10% increase in pedestrian fatalities nationwide last year, the largest jump they’ve seen in 40 years of collecting data. Some individual states saw decreases, but more saw their fatality numbers rise. There are many suspected reasons for the increase, but one thing remains clear: both pedestrians and drivers need to be more alert and use more caution to improve overall safety for everyone.

Experienced Injury Attorneys

Vehicle crashes can cause serious property damage and injury. If you’re a pedestrian who has been struck by a car, or if you’re a driver who’s been in a crash involving another car or a truck, you should have an experienced car crash attorney on your side. At Craig Swapp & Associates, we understand the complexities of auto accident law. Get in touch with us for a free consultation to discuss your case. Call us at 800-404-9000 or use our online contact form, or simply use the free live chat feature from any page on this website – someone is available to answer your questions 24 hours a day.

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Car Accident Lawyer Utah

Car Accident lawyer Utah audio commercial. 

Keep in mind, the law requires that you hire an attorney that practices in the same state in which your car accident occurred. If you are a resident of Salt Lake City, a car wreck attorney from Craig Swapp & Associates is someone that you can turn to for help.