Syracuse Personal Injury Law Blog

Was a defective humidifier to blame in a house fire?

Published on: October 5, 2015 | By Jeff DeFrancisco

A dehumidifier was reportedly responsible for causing a house fire in the town of Marcellus on Thursday evening. According to a Syracuse.com report, firefighters from several departments responded just before midnight to put out the fire. Because of such a quick response, the small fire that was found in the basement was quickly put out before it could spread to the rest of the house.

Fortunately, the fire was isolated and eliminated quickly so that no other rooms in the structure were affected. Authorities believe that the dehumidifier was the sole cause of the fire. It is unknown as of this writing whether authorities believe that the device was defective or whether it was operating unattended.

If it was the former, the maker of the dehumidifier could be held liable for the damage to the home. Essentially, manufacturers have a duty to use reasonable care when building a product and making it available for sale. The product should perform according to its expected use without putting its owner in danger. Moreover, if a product is deemed to be defective, the manufacturer should take affirmative steps to warn consumers by issuing a recall.

Why checking blind spots is important

Published on: October 5, 2015 | By Jeff DeFrancisco

When young drivers first learn about operating a car, they may not understand the importance of checking their blind spot. After all, it may be a foreign concept because they may not be used to looking over all of the areas before making a lane change. However, even some of the most experienced drivers may forget to look over their shoulder every once in a while.

But if a blind spot is missed, it could spell disaster.

So when driving a different car for the first time (such as a rental car) or when shopping for a new car, it is essential to complete the following steps to get your bearings.

The top excuses for road rage.

Published on: October 3, 2015 | By Jeff DeFrancisco

While the summer driving season may be over, the occasional frustrations that come with driving will stay throughout the fall, and likely into the winter. Because of this, the threat of road rage and the potential for accidents will be something that drivers will have to deal with as long as they are behind the wheel.

We generally know that road rage is the wrong response to frustrations caused by other drivers’ behaviors. However, it is amazing how many excuses that drivers give for engaging in such behavior. This post will highlight a few of the top 10 excuses.

He (or she) was driving too slow – Rage over being stuck behind a slow driver can certainly tick a person off.

Recall: fire alarms may fail to alert consumers

Published on: October 3, 2015 | By Jeff DeFrancisco

We hear about many types of product recalls throughout the year, from toys to various household appliances to motor vehicles. The basic point of a product recall is to make sure that the unsafe product does not hurt consumers.

A recent recall is definitely alarming because the product is actually made to keep individuals safe. In this case, it is not that the product itself could hurt a consumer, but the concern actually has to do with the product malfunctioning and therefore failing to alert individuals of danger.

Nearly 400,000 heat-activated fire alarms made by Sure Signal Products have been recalled. The alarms can apparently fail to alert those who use it due to a defective fuse. This defect was apparently revealed by the Consumer Product Safety Commission. Four different brands and models are being recalled; all are either chrome or white in color. These fire alarms were made between Jan. 1, 2014 and July 1, 2015.

The duties a driver has in avoiding pedestrian accidents

Published on: October 1, 2015 | By Jeff DeFrancisco

As we noted in a prior post, the change of seasons means that drivers must continue to use reasonable care while behind the wheel; especially during the morning hours, since there are people walking to school, riding bikes and taking morning runs. Because of this, drivers must pay attention to pedestrians and use reasonable care while behind the wheel.

This post will highlight a few of the things that a driver must adhere to as part of their duty to use reasonable care.

Refrain from distracted driving – Of course, drivers must limit distractions while behind the wheel, because failing to do so could result in hitting a pedestrian because the driver was not paying attention to their surroundings.

How drivers should deal with construction zones

Published on: September 30, 2015 | By Jeff DeFrancisco

The summer driving season in central New York may be over as fall as officially begun. However, there are still a number of road construction projects going on in our region. With that, accidents in or near construction zones are still a danger to drivers. Because of this, it is important for drivers (both of cars and trucks) to keep the following safety tips in mind.

Pay attention to the signs – While this may seem obvious, the orange signs that warn drivers of upcoming construction zones are there for a reason. When drivers see these signs, they should begin slowing down. Not only because traffic is about to stop, but there are workers ahead who work better when cars and trucks are not whizzing by.

Keep your distance – As we alluded to above, traffic tends to stop suddenly in or near construction zones. If a driver is tailgating, a sudden slowdown could spell disaster not only for other drivers, but for the construction workers as well. So treat a construction zone like it would be gridlock.

Medical malpractice comes in different forms

Published on: September 25, 2015 | By Jeff DeFrancisco

A physician who practices in Baldwinsville who has been accused of sexually assaulting a patient will reportedly not fight the state’s efforts to rescind his medical license. The doctor recently signed a consent agreement with the New York State Board for Professional Medical Conduct that calls for him to turn in his license to practice.

The Board had sought to terminate his license after accusing him of practicing with negligence on several occasions. In August, his license was suspended after he was found to pose an “imminent danger” to patients. The suspension came after he was charged with third degree rape after he allegedly tried to have sex with a female patient.

The Board also found that the doctor had inappropriate contact with several other female patients between 2005 and 2015, including kissing and hugging unwitting patients, putting his tongue in their mouths and groping their clothed thighs and breasts.

Diagnostic problems affect more patients than once thought

Published on: September 24, 2015 | By Jeff DeFrancisco

The old business adage “if you are in business long enough, you are likely to be sued” may have some truth to it. Depending on the industry and complexity of the business, mistakes can and will be made. At the same time, the health industry has some of the same risks; especially when it comes to diagnosing ailments and conditions. According to a recent report, because of the sheer number diagnoses and the complexity of delivering care within the current system, it is only a matter of time before a critical mistake is made.

The Institute of Medicine’s report outlines a system wide problem, which includes surgical centers, outpatient facilities as well as doctors’ offices. This means that medical negligence is not confined to hospital errors and surgical mistakes; which is what is often reported in the media.

Additionally, the exact number of mistakes with regard to diagnoses is unknown, but it is estimated that diagnostic mistakes affect more than 12 million adults each year. This likely contributes to the number of deaths experienced in hospitals each year as well. What’s worse, the data on diagnostic mistakes is quite sparse, which makes potential improvements to health care delivery problematic.

VW deception could result in recalls

Published on: September 23, 2015 | By Jeff DeFrancisco

With ABC’s hit drama “Scandal” returning this week, it would be appropriate to discuss the latest automaker’s scandal. And if you know anything about scandals, it is not the deception or act; it is the cover-up that gets people in trouble. Because of this, it is probably best to admit when you have done something wrong before it morphs into a full fledged scandal.

For executives at Volkswagen Motors, making a public mea culpa (which is embarrassing enough) may be the least of their worries. According to several media reports, the company had for years used technologies to fool emissions standards testing systems using an algorithm that could detect when a car was being tested. Essentially, when the cars would be tested, they would change their performance to meet emissions standards. However, when on the road, the cars would emit nearly 40 times the limit of nitrogen oxides.

The long standing deception will eventually cost the company millions in fines. However, the costs to customers for recalling defective cars could be substantial. It is estimated that more than 480,000 Volkswagens will have to be brought in to be serviced, if they can be at all. It also remains to be seen whether complaints about asthma and other respiratory problems due to increased levels of omissions will lead to products liability complaints.

Why patients should consider medical malpractice lawsuits

Published on: September 22, 2015 | By Jeff DeFrancisco

The decision to bring a medical malpractice lawsuit is not always an easy one. For those who have been continually in and out of hospitals for various illnesses, the prospect of confronting doctors is something that they may not want to deal with. Others may feel as if no one will believe them, because doctors have such a seemingly impenetrable reputation in the field. Because of this, there are some people who have been mistreated by physicians who believe that a medical malpractice suit will not make any difference.

The irony is that medical malpractice lawsuits are brought so that people who are mistreated and sickened can have a voice. These actions are important in holding doctors who fail to use reasonable care accountable for their actions. We believe that when unscrupulous doctors answer for failing to use due care, the medical system gets better. There is no better deterrent to malpractice than a lawsuit.

With this in mind, people who are living with botched procedures, have been cast aside after having terminal diseases misdiagnosed or have suffered through prescription mistakes should know and realize that they have legal rights; and the prominence of a particular physician should not matter when it comes to asserting those rights.