Birmingham Legal Blog

Older vehicles recalled for new airbag issue

About 20,000 Mitsubishi Montero SUVs and another 138,000 Toyota vehicles are being recalled due to a dangerous new airbag issue. All of the vehicles have airbags from Takata, the now-defunct manufacturer of previously recalled airbags that were used throughout the automotive industry.

The problem is that the inflator may not have been properly sealed, according to the National Highway Traffic Safety Administration (NHTSA). This could cause either of two dangerous conditions by allowing moisture to enter the airbag components.

CPSC warns consumers against another inclined infant sleeper

The SwaddleMe By Your Bed Sleeper by Sumr Brands poses a suffocation risk to infants, according to the Consumer Product Safety Commission (CPSC). However, Sumr has refused the agency’s call to issue a recall. The agency would have to take the company to court in order to force its compliance.

This particular sleeper was discontinued in 2018. Unfortunately, the product is still available for sale, both at retailers and on the secondary market. A spokesperson for the brand told Consumer Reports that the company has received no reports of injuries and that the sleeper “has significant design differences from other inclined sleepers.”

Study: More needs to be done to improve e-scooter safety

Now that electric scooters are on their way back to Birmingham, it's important to understand that you could be injured while using one. Reports have come in of e-scooters that are broken or defective. Incidents have occurred where e-scooter riders have been struck by other vehicles. Just how safe are dockless electronic scooters?

It hardly seems like you could get seriously injured riding an e-scooter around town. The electronic version of a kick-scooter is small, light and close to the ground. The vehicles go a maximum of about 50 mph, but most people don't go much faster than 15 or 20 mph.

$46 million payment should send a strong message to manufacturers

All too often, manufacturers and retailers let dangerous, defective products into the stream of commerce. This puts the lives and health of consumers at risk.

Sometimes, these products are recalled, but recalls take time and effort. Not every defective product will be returned. Some consumers won’t know about the recall and will continue to use the product. Sometimes, these recalled products even enter the secondary market for used goods.

Arbitration Award in Nursing Home Case

An arbitrator has awarded $1,000,000 to the family of an elderly woman who died while in the care of a nursing home in Tallapoosa County.  The family was represented by Marsh, Rickard & Bryan attorneys David Marsh and J.D. Marsh.  The arbitrator's decision was handed out today, following a week-long evidentiary hearing in December.

Why aren’t back seat drivers in Lyfts wearing their seat belts?

You know you’re a back seat driver when you take a Lyft or an Uber. Almost everybody is. But surprisingly few people are taking the most basic precaution to protect their safety when riding in the back seat: buckling up.

Did you know that an unrestrained back seat passenger is almost eight times more likely to be seriously injured than one who is wearing a seat belt? Yet many people don’t routinely wear seat belts in the back seat. And, failing to buckle up is even more common when people take taxis or ride-hailing services.

Doors may open suddenly on some Volvo S60 sedans and V60 wagons

Volvo has issued a recall of nearly 145,000 S60 sedans and V60 wagons from the model years 2011 through 2017. Faulty parts inside the door latch mechanism may fail, causing even tightly-closed doors to open unexpectedly while the vehicle is in motion.

The problem has reportedly occurred on sharp turns and roundabouts, according to the National Highway Traffic Safety Administration (NHTSA).

2019 Notable Settlements

Here is a sample of the personal injury and wrongful death cases that were resolved by the lawyers of Marsh, Rickard & Bryan in 2019:

Mike Beard represented a Heflin man who suffered terrible burn injuries mostly to his legs when his clothing ignited after he came too close to a propane tank top heater. Our client was wearing insulated coveralls in his workshop and didn't feel the heat until his clothing was on fire.  Mike argued that the heater was defective because the wire guard is really no guard at all. In fact, the temperatures at the guard are so high that any contact or near contact will result in immediate burns or ignition of clothing or other materials.  The maker of the heater never considered an alternative guard and blamed our client for causing his own injuries.

Could your Subaru lose power while you’re driving?

Subaru has just issued a recall of some Crosstrek, Forester, and Ascent SUVs, along with Impreza hatchbacks and sedans. The problem is that a faulty positive crankcase ventilation (PCV) valve could allow oil to enter and damage engine components. If this happens, the engine might suddenly lose power while you’re driving.

It is unclear whether there have been crashes or injuries due to this defect.

2 Marsh, Rickard & Bryan lawyers named to 2019 Rising Stars list

"I like to look the witnesses and jury in the eye and see into their hearts," says attorney Ty Brown, who practices in personal injury and business litigation. "I am telling the client's story and I must tell it well."

Most of our clients come to us in desperate situations, usually through no fault of their own. At Marsh, Rickard & Bryan, P.C., we know they are going through some of the hardest times of their lives. Each client's story matters when you're fighting for justice. Getting the opportunity to tell their stories matters, and the story itself matters to a judge and jury.

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Birmingham, AL 35209

Phone: 205-879-1981
Fax: 205-879-1986
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Montgomery, AL 36104

Phone: 334-557-7114
Fax: 205-879-1986
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Birmingham Office: 205-879-1981
Montgomery Office: 334-557-7114
Fax: 205-879-1986