Articles Posted in Defective Products and Product Liability

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Kirk Guidry and Scott Andrews settled a product liability case involving multiple burn injuries and deaths from a fuel-fed fire for a confidential amount. On August 6, 2002, five passengers were severely burned and two of them died from their severe burn injuries after their 2000 Chrysler/Plymouth Grand Voyager mini van (NS body 1996-2000) climbed upon and straddled a metal guard rail on Interstate 55 (I-55) in Kentwood, Louisiana, after sustaining a tire blow-out. A metal I-beam supporting the guard rail sliced the mini van’s unprotected high density polyethylene fuel tank which was located forward of the rear axle.

The Baton Rouge, Louisiana burn injury lawyers at Dué Guidry Piedrahita Andrews Courrege L.C. brought a product liability action under the Louisiana Products Liability Act, La. La.R.S. 9:2800.51, et seq., against the mini van’s manufacturer, DaimlerChrysler Corporation, alleging that the numerous skid plates, metal shields and other protective devices used on many all wheel drive vehicles and most SUVs are designed to prevent fuel tank puncture from guard rails, road debris, curbs, sign posts, etc., and were capable of preventing the fuel-fed fire that caused plaintiffs’ injuries, and therefore should have been incorporated into the design of the mini van’s fuel system. A claim was also brought against the State of Louisiana, through the Department of Transportation and Development for the unreasonably dangerous condition of the metal I-beams supporting the guard rail.
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The Baton Rouge, Louisiana injury lawyers at Dué Guidry Piedrahita Andrews Courrege L.C. settled an industrial accident case caused by a defective horizontal boring machine. The plaintiff, a machine operator at Cooper Cameron Valves in Ville Platte, Louisiana, sustained severe orthopaedic injuries on March 9, 2004 while operating a 6″ horizontal boring machine, model G-60T, which had been retro-fitted with a Numeripath 8000 CNC control, and which was manufactured by Giddings & Lewis. Plaintiff became entangled in the rotating spindle while reaching across the spindle to check the depth of a hole he had just tapped on a large valve body.

Louisiana product liability attorney, B. Scott Andrews, brought a product liability action under the Louisiana Products Liability Act, La. La.R.S. 9:2800.51, et seq., against the manufacturer, alleging that it failed to design, construct and retrofit the machine in accordance with accepted hazard control, design and construction safeguarding and failed to equip the machine with a fixed or interlocked movable guard or with other available safeguarding or protective devices such as pull back (pull out) and restraint devices; electro-optical, RF, and area scanning presence-sensing safeguarding devices; safety mat devices; safety edge devices; and/or probe detection devices, all of which were allegedly available options on the retail market at the time of plaintiff’s accident. Giddings & Lewis argued that the plaintiff was solely at fault for reaching across the rotating spindle, that the employer was at fault for failing to properly train plaintiff and/or that the employer was responsible for the selection and implementation of optional safety devices.

The case settled with Giddings & Lewis paying $250,000 and the employer waiving its $180,000 worker’s compensation reimbursement claim and remaining responsible for plaintiff’s accident related future medical expenses.
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Kirk Guidry and Scott Andrews of the Baton Rouge, Louisiana personal injury law firm of Dué Guidry Piedrahita Andrews Courrege L.C. completed a $1,500,000 settlement with a trucking company and trailer manufacturer for a defective underride guard. The accident occurred on Interstate 10 in Ascension Parish, Louisiana, when an automobile struck the rear of a moving tractor – trailer at high speed. The trailer was equipped with an ICC underride guard which improperly broke or deformed and allowed the automobile to travel an excessive distance under the rear of the trailer. This excessive underride allowed passenger compartment intrusion and resulted in multiple facial injuries to the driver, and rendered him blind.
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Baton Rouge, Louisiana burn injury attorney, Scott Andrews, of the Louisiana personal injury law firm of Dué Guidry Piedrahita Andrews Courrege L.C., completed a settlement involving severe burn injuries sustained by a young woman when a deep-fat fryer overturned.

Plaintiff was injured at a retail food establishment (portable trailer) in Bastrop, Louisiana. The accident occurred as she walked by a counter where an electric counter-top deep fryer was located–she slipped on the recently mopped floor and reflexively grabbed the fryer basket handle and pulled the fryer from the counter-top spilling the hot grease all over her body. She sustained 57% total body surface second degree burns and underwent seven surgeries.

The allegedly defective fryer was a Model 301HLSMA Electric Counter-Top Deep Fat Fryer manufactured by Star Manufacturing International, Inc. The fryer was marketed for “out-of-box” installation because it comes from the manufacturer already assembled, except for the screw-in legs, and plugs into an appropriate electrical outlet. Plaintiff alleged that the deep fryer was defective because it did not include a restraining device and/or because the manufacturer did not inform the purchaser that the fryer should be restrained as it does for the gas counter-top deep fat fryers it manufactures. Star Manufacturing countered that it was not liable because the electric counter-top deep fat fryer and its warnings met all applicable standards.
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