Tim Rayne

Pennsylvania Car Accident & Personal Injury Lawyer

Tim Rayne

Pennsylvania Car Accident & Personal Injury Lawyer

Safety Tips

Takata Airbags Cause Deaths and Serious Injuries Leading to Criminal Charges

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Defective and Dangerous Takata Airbags
Defective and Dangerous Takata Airbags

The United States Attorney’s office in Detroit, Michigan has announced that Takata, the Japanese manfacturer of millions of airbags in cars sold in the U.S., has pled guilty to Wire Fraud in connection with a conspiracy amongst its executives to falsify test results showing that the airbags could explode and cause injury or death to car drivers and passengers.

The criminal charges include $1 Billion in fines and restitution.  The criminal charges also bring further attention to the fact that millions of cars on American roads still have these defective and deadly Takata Airbags.

The Problem With Takata Airbags

Unlike other airbag systems, Takata airbag inflators use an explosive chemical, ammonium nitrate, to fill the airbags during a car crash.  Unfortunately, ammonium nitrate can deteriorate and destabilize over time which results in the gas burning too fast causing the metal canister to blow apart.  This leads to shrapnel (shards of metal) being propelled from the airbag at super-high speed which has caused serious injuries and deaths.

So far, it’s estimated that Takata airbag explosions have caused 11 deaths and over 180 injuries.

More deaths and injuries are expected because Takata airbags remain in millions of cars including models manufactured by Acura, Audi, BMW, Cadillac, Chevy, Chrysler, Dodge, Ferrari, Ford, GMC, Honda, Infiniti, Jaguar, Jeep, Land Rover, Lexus,  Lincoln, Mazda, McLaren, Mercedes, Mercury, Mitsubishi, Nissan, Pontiac, Saab, Scion, Subaru, Tesla, Toyota and Volkswagen.

Takata’s Criminal Conspiracy

Takata Airbag Criminal Charges

U.S. Auto manufacturers have detailed specifications as well as safety and testing requirements for their parts manufacturers.  This is particularly true for manufacturers of safety equipment like airbags.

As early as 2000, Takata realized that there were problems with the performance of its airbags.  Issues with the ammonium nitrate in the airbag’s inflator mechanism was causing the airbags to burn too fast resulting in the canister blowing apart.

Rather than accurately report the test results which would have resulted in cancelled orders from car manufacturers and costly recalls, Takata executives engaged in a criminal conspiracy in which they falsified test results by removing unfavorable test information and data.

Consequently, millions of defective and dangerous Takata airbags continued to be installed in dozens of popular car brands sold throughout the world.

Recall of Takata Airbags

Takata is the second largest airbag manufacturer and as of 2015, accounted for about 20 percent of the airbags being installed in cars in the U.S.

Reports of injuries and deaths caused by exploding  airbags eventually resulted in a massive Takata Airbag Recall.

The Takata Airbag Recall is the largest in U.S. history with over 42 million vehicles impacted.

To protect yourself and your family, you should research whether your vehicle has been recalled and, if so, contact a dealer to get your airbags fixed or replaced.

The Takata Criminal Charges

On  January 13, 2017, the U.S. Attorney in Michigan announced that Takata and three executives were charged with and pled guilty to Wire Fraud charges in connection with their conspiracy to fabricate test data to mask its dangerous and fatal airbag defect.

Here is a link to the Official Indictment which outlines the criminal scheme.

As part of the guilty plea deal, Takata agreed to pay $1 billion in fines and restitution.  The fine is $25 million.  Restitution to families of people injured or killed by the exploding airbags is $125 million and the court appointed a special master to oversee the distribution of restitution funds over the next five years.  The remaining $850 million is to be paid to the automakers to compensate them for the massive Takata Airbag Recall.

Takata Airbag Injury Claims

Takata Airbag Injury Claims
Takata Airbag Injury Claims

If you or a loved one suffered injury or death as a result of a defective Takata airbag explosion, you are entitled to fair compensation.  Contact Takata Airbag Injury Lawyer Tim Rayne at 6108400124 or trayne@macelree.com for a Free Consultation about your Takata Airbag Injury Claim.

Personal Injury Lawyer - Tim Rayne
Personal Injury Lawyer – Tim Rayne

Tim Rayne is a Pennsylvania Personal Injury Lawyer with the Law Firm of MacElree Harvey.  For over 20 years, Tim has been helping injured victims of accidents receive fair treatment from insurance companies.  Tim has offices in Kennett Square and West Chester.  For a Free Review of your Takata Airbag Claim contact Tim at 6108400124 or trayne@macelree.com.

$50 Million IKEA Furniture Tip-Over Settlement Proves Lawsuits Can Help Make Us All Safer

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$50 Million IKEA Furniture Tip-Over Settlement

IKEA agreed to pay $50 Million to settle lawsuits involving furniture tip-overs of the MALM dresser that killed toddlers in Pennsylvania, Washington and Minnesota.

Apart from providing compensation to the families, the settlement called for substantial donations to three children’s hospitals and funding to Shane’s Foundation, a non-profit providing education on child safety with a focus on furniture tip-over education and prevention.

IKEA also agreed to change its policies to only sell dressers that meet or exceed safety standards and to increase awareness of the danger of furniture tip-overs.  Because of the lawsuit the following warning now appears on IKEA’s website:

IKEA dresser tip-over

The terms of the IKEA settlement prove that, despite the stigma of Personal Injury Lawsuits and Personal Injury Lawyers, good things can result from Personal Injury Litigation.

The IKEA settlement will bring attention to the hidden danger of furniture tip-overs and the terms of the settlement required IKEA to change its policies to enhance the safety of its products.  In addition, the huge amount of the settlement should incentivize all other furniture manufacturers to focus on tip-over prevention or else be at risk for future legal claims.

Furniture Tip-Over Danger

Furniture Tip-Over
Typical Furniture Tip-Over Incident

I have two children in college who were toddlers long ago, but I still remember them using furniture to pull themselves up and trying to climb on almost anything in the house.  What I don’t remember, though, is having any awareness of the danger of furniture (like dressers or book cases) or heavy TV’s  tipping over which could seriously injure or kill a toddler.

What I have learned now from research into the IKEA Settlement is that furniture tip-over injuries and deaths are all too common, but, luckily are also easily preventable.

Furniture Tip-Over Statistics

Every 15 Minutes someone in the US is injured by a furniture tip-over

Every 2 weeks a child dies when furniture or a TV tips over

The estimated number of ER visits per year for tip-over incidents is 33,000

91% of furniture tip-over fatalities occur in the home

2/3 of the furniture tip-over fatalities involve toddlers

Furniture Tip-Over Injuries and Deaths are 100% Preventable

Furniture tip-over
Furniture Anchor

The good news is that furniture and TV tip-over injuries and deaths are 100% preventable.  Proper anchoring devices should be provided by the furniture or TV manufacturers and, if not, can be purchased on line or at a local store.

If you follow the anchoring instructions carefully and properly anchor your furniture and TV’s, the tip-over hazard can be eliminated.

For more information on the furniture tip-over danger and how to make your home safe from it visit Anchorit.gov.

Tim Rayne - Personal Injury Lawyer
Tim Rayne – Personal Injury Lawyer

Tim Rayne is a Personal Injury Lawyer with the Law Firm of MacElree Harvey.  For over 20 years, Tim has been helping to educate the public on safety issues and insurance choices.  Tim has offices in Kennett Square and West Chester, Pennsylvania and can be reached at 6108400124 or trayne@macelree.com.

 

Texting Trouble You Might Not Expect – The Beginning of New Legal Liability for Non-Driving Texters

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People acting together in a Criminal Conspiracy can be held equally culpable regardless of who drives the getaway car and who pulls the trigger killing the bank security guard.  The same can be true in a joint act resulting in Personal Injury.  Both actors can be held liable.

In a recent Pennsylvania Texting and Driving injury case Gallatin v. Gargiulo, a judge has decided to allow a novel theory to be litigated, the issue of whether a person can be held liable for knowingly texting with someone who was driving and then caused an accident.

Facts of the Case

Laura Gargiulo was driving a car behind a motorcylce being driven by Daniel Gallatin.  Gargiulo was allegedly texting with her boyfriend, Timothy Fend, and  was either reading or writing a text when she failed to notice that Gallatin was slowing his motorcycle to make a right hand turn.  Gargiulo crashed into the rear of Gallatin’s motorcycle and dragged him for over 100 feet resulting in his death.

Gallatin’s family filed a Wrongful Death case against Gargiulo for causing the collision and Gallatin’s death.  The family also joined Fend in the lawsuit claiming that he was texting with Gargiulo when he knew she was driving and that his act of distracting Gargiulo with texts was the the cause of the collision.

The Legal Theory Against a Non-Driving Texter

Fend’s lawyers filed Preliminary Objections to the Wrongful Death Lawsuit, claiming that the suit against Fend should be dismissed because there was no viable theory of negligence against him.

The Judge disagreed and issued an Opinion in Gallatin v. Gargiulo in support of his precedent setting decision to allow a civil lawsuit to proceed against a non-driving texter.

In the Opinion, the Judge explained that the Pennsylvania Texting and Driving Law prohibits the sending, reading or writing of a text-based communication while a vehicle is in motion.  Next, the Judge cited a rule regarding liability for people who act in concert which provides:

Persons Acting in Concert

For harm resulting to a third person from the tortious conduct of another, one is subject to liability if he

1- does a tortious act in concert with the other or pursuant to a common design with him;

2- knows that the other’s conduct constitutes a breach of a duty and gives substantial assistance or encouragement to the other so to conduct himself; or

3- gives substantial assistance to the other in accomplishing a tortious result and his own conduct, separately considered, constitutes a breach of duty to the third person.

Then, the Judge noted that there was no Pennsylvania precedent regarding the legal duties of someone sending a text message to a person who was operating a motor vehicle, but there was a case out of New Jersey addressing the issue.  In Kubert v. Best, a New Jersey court held that as a matter of New Jersey civil law, the sender of a text message could be potentially liable if an accident is caused by texting, but only if the sender knew or had special reason to know that the recipient would view the text and be distracted while driving.

Ultimately, the Judge in Gallatin v. Gargiulo decided to follow the reasoning of the New Jersey court and allowed the case to proceed forward against Fend to determine whether he was, in fact, texting Gargiulo while he knew she was driving.

The Lessons to be Learned

Although this is only a trial court opinion and, as such, is not binding law in Pennsylvania because it has not been affirmed by the Superior or Supreme appellate courts, the Opinion in Gallatin v. Gargiulo and in the New Jersey case of Kubert v. Best put all texters in legal danger. Based on the potential legal liability, no one should text with someone who they know is driving.  By now we all know that texting while driving is distracting and a common cause of vehicle accidents.  If we text with someone who we know is driving, we are contributing to the risk, aiding the commission of a crime and may (and probably should) be held civilly liable for the consequences.

So, don’t text and drive AND don’t text with someone who you know is driving!

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Tim Rayne is a Pennsylvania Car Accident and Personal Injury Lawyer in Chester County Pennsylvania.  For over 20 years, Tim has been helping injured victims of  car accidents and families of people killed in car crashes receive fair treatment from insurance companies.  Tim is Board Certified in Civil Trial Advocacy and has been named a Top 100 Lawyer in Pennsylvania by Super Lawyers.  Tim has offices in Kennett Square and West Chester, Pennsylvania.  Contact Tim for a Free Evaluation of your injury claim at 610 840 0124 or trayne@macelree.com.  

Safety Tips for Driving in the Fall in Pennsylvania

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Fall in Pennsylvania is beautiful. Leaves changing colors, low humidity, crisp air. Perfect weather for football and day trips including long drives. However, the Fall season presents dangers, particularly on the roadways in Pennsylvania. Here a a few Fall Driving Tips to help keep you and your family safe:

1- Watch Out For Wet Leaves: Fall driving can be particularly slippery as leaves fall onto wet roadways. Reduce your speeds and be careful on sharp turns.

2- Be on the Lookout for Motorcyclists: Fall brings out the motorcycle riders in full force. They are often hard to see. Be extra careful when changing lanes and making turns around motorcylces.

3-  Beware of Deer: The deer population has exploded in Pennsylvania and those fuzzy creatures don’t obey traffic rules. Instead, they cross the road where ever they feel like it, causing countless car accidents.

In his law practice, Tim Rayne represents people who are injured or families of people killed in car accidents, truck accidents and motorcycle accidents in Pennsylvania. Tim has made it his mission not only to help people with their accident claims, but also to help educate people with Driving Safety Tips and advice on purchasing the right car insurance to protect your family should an accident occur.

If you’ve been injured in a car accident in Pennsylvania and would like to schedule a free consultation, contact attorney Tim Rayne at 610-840-0124 or trayne@macelree.com.