Forest River RV To Pay $35 Million After Failing To Report Accurate Safety Data.

If a person has been injured because of a defective product, the victim may be able to file a product liability lawsuit against the manufacturer. A lawsuit can also be filed if the use of the product involved a potential or inherent risk but lacked a sufficient warning label. A product liability lawsuit may entitle the victim to collect money damages to compensate for such things as pain and suffering and medical expenses.

In September 2014, the National Highway Traffic Safety Administration initiated an investigation into the safety data reports issued by Forest River RV. Since launching the investigation, the Administration revealed that Forest River RV, which is based in Elkhart, Indiana, failed to report some warning data, which included information about warranty claims, customer complaints, and death or injuries caused by their vehicles. Furthermore, it was revealed that the company failed to issue two recalls in a timely manner.

For example, the company alerted customers in November 2014 that a certain brand of trailer contained loose wiring that could catch on fire. However, the company failed to notify the Administration until February 2015. When the Administration was alerted, they immediately issued a recall. However, the recall should have been issued earlier, according to the Administration.

As a result of these findings and allegations, Forest River RV has agreed to a settlement of $35 million. According to The Elkhart Truth, five million of this settlement must be paid immediately. However, the remaining $30 million will be waived if the company complies with certain regulations and qualifications. This includes hiring an in-house consultant to help the company determine what other safety information needs to be released to the Administration and to ensure that all future data is reported accurately.  Forest River RV admits that it failed to report some early warning data. However, they claim that their software vendor failed to give them software that would track this sort of data.

According to Gordon Trowbridge, the communications director for the Administration, this investigation of Forest River RV was part of an industry-wide effort to improve reporting compliance. Now, the Administration hopes that this settlement will alert other manufacturers of the consequences of failing to properly report safety data.

 

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Arizona Supreme Court Narrows Interpretation of State Immunity.

In a wrongful death suit, one must show that an innocent victim died because of the fault of another person. The survivors of the deceased victim may be able to bring a civil claim for money damages against the accused perpetrator if there is a causal link between the faulty actions of the perpetrator and the death of the victim. The survivors seek compensation for damages, including pain and suffering, lost wages of the deceased victim, and funeral expenses, among other things.

On June 3, 2009, Faith Mascolino, 45, was killed outside Tucson, Arizona when a car crashed into the Highway Patrol officer’s car where she was being held in custody. According to TribTown.com, she had recently been arrested for driving under the influence of alcohol. When a conservator for her surviving minor children attempted to file a wrongful death suit following the accident, the state argued that they were immune from injury suits involving drunken or reckless drivers. However, the victim was not the cause of the accident, although she had been driving drunk before her arrest.

Therefore, the Arizona Supreme Court has ruled that the state cannot claim immunity in this case. The Court held that the immunity laws need to be interpreted narrowly, and so they can only apply when the injuries are caused by a drunk driver who was operating a motor vehicle at the time of the accident. The Court found that this narrow interpretation does not betray the legislative intent in granting the state qualified immunity.

The victim here was not operating a motor vehicle, but rather sitting in one. Therefore, her family can file the wrongful death suit.  The family is also suing the driver who crashed into the police car, Robert Gallivan, of Tucson, Arizona.

If your loved one has been the victim of a wrongful death, please call 617-787-3700 now to speak with one of our expert Massachusetts wrongful death lawyers or email us at info@gilhoylaw.com.

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New York City Settles With Occupy Wall Street Protestors.

Police officers have a duty to protect the public. However, there have been multiple instances that have come to light recently when a police officer harms members of the public while in the purported overall pursuit of maintaining order. While police officers deserve our respect, if an officer acts in a negligent or reckless manner while on patrol, and that negligence or recklessness results in injuries to members of the public, the victims may be able to sue for money damages.

In September 2011, the Occupy Wall Street Movement was in its infancy. Protestors took to the streets for a variety of social justice issues, the most common issue being income inequality.

Six protestors have since sued New York City, alleging that the City improperly handled the protests. They claim that they were unnecessarily attacked by police officers with pepper spray. The former protesters claim that they were standing peacefully in the street when a police officer used pepper spray against them for no apparent reason. This episode was captured on video and this alleged police brutality propelled the movement into the international spotlight.

The officer’s police union argued that he acted out of concern for public safety and that his actions actually prevented further injuries. He has not been charged with any crime, but was found to have violated police department polices. He was docked ten vacation days, as a result.

Now, the City has agreed to pay these six protestors a total of $332,500. Each protestor will receive between $52,500 and $60,000 for the pain and suffering they experienced at the hands of city police officers.

According to the lawyers who represented the six protestors, Mark Taylor and Aymen Aboushi, the lawsuit was not simply about collecting money damages. They hope that the lawsuits will raise increased public awareness about police brutality and will pressure the New York Police Department to change some of their policies. 

According to CBS News, this is not the first lawsuit filed by former Occupy Wall Street protesters. The city has reached other settlements regarding wrongful arrests of protesters. Furthermore, the owners of Zuccotti Park, where many of the protests were based, settled with claimants who alleged that a private book collection was destroyed when the park was cleared in November 2011.

If you or a loved one has suffered injuries because of the negligence or recklessness of another, please call 617-787-3700 now to speak with one of our expert Massachusetts personal injury lawyers or email us at info@gilhoylaw.com.

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