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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