Tagged Articles

liability 67 articles

Another Texas Hot Air Balloon Slams Into Ground Near Power Lines

A driver in Pflugerville, Texas, was startled to see a hot air balloon rapidly descending over FM 685, so he started video recording it. The video shows the balloon crashing into a field across from an HEB grocery store parking lot, narrowly missing a row of power lines by about 100 feet. “Needless to say we were shocked to look up and see it coming,” viewers Dawn and Michael Hale told KXAN News, Austin. The hot air balloon’s basket, which appeared to have three occupants, tipped over when it struck the ground. For a moment appeared that it would lift ... Read More

Deadliest Hot Air Balloon Crash In U.S. Raises Liability Questions

A hot air balloon crash in Texas last month that killed 16 people has raised questions and concerns about liability and insurance policies. The Heart of Texas Hot Air Balloon Rides balloon crash in Lockhart, Texas, is the worst hot air balloon crash in U.S. history. Children and other dependents have been left without parents and other now-broken families face an uncertain future in the wake of the disaster. The balloon company has liability insurance, but it will almost certainly be inadequate to cover all the damages that the families of the victims will seek. According to the American-Statesman, standard ... Read More

Philadelphia judge says severely injured survivor of building collapse may give deposition

PHILADELPHIA, Penn. – A woman who was critically injured when a Philadelphia building undergoing demolition collapsed on top of the Salvation Army thrift store where she was shopping may proceed with her lawsuit even while 11 others have been stayed, a Pennsylvania judge has decided. Plaintiff Mariya Plekan was pinned under debris for 13 hours when a four-story apartment complex being dismantled collapsed onto the adjacent one-story thrift store, killing six people and injuring 12 others besides Ms. Plekan, who lost both of her legs as a result of the cave-in. She is suing the owner of the building that ... Read More

FDA proposes new rules for food, drug, device recalls

Recalls of food, drugs and medical devices continue to make headlines as the Food and Drug Administration (FDA) works to implement the Food Safety Modernization Act (FSMA) and focus on compliance with current good manufacturing process (CGMP) requirements with all FDA-regulated products. As part of this effort, in January 2013 the FDA proposed a rule that would require manufacturers of food to maintain a recall plan that would evaluate the severity and scope of the recall; notify the FDA, consumers and the public; and secure insurance coverage for potential losses and liabilities. Manufacturers with no experience writing recall plans or ... Read More

Critically injured plaintiff asks judge to move forward with Philadelphia building collapse litigation

A woman who was critically injured in the Philadelphia building collapse on June 6 has asked a judge to partially lift a stay that will likely be imposed on her lawsuit pending other legal issues in mounting litigation surrounding the disaster, which killed six people and injured 13 others. Mariya Plekan was shopping at the Salvation Army Thrift store adjacent to the building that was being demolished when it collapsed on top of the store. She was buried under debris for 13 hours and had to have both of her legs amputated as a result of her injures. Ms. Plekan ... Read More

Asiana crash pictures trigger San Francisco firefighting helmet-camera ban

The San Francisco Fire Department’s decision to ban helmet-mounted cameras after a 16-year-old Asiana crash survivor was run over and killed on the runway by first responders has sparked sharp criticism from safety advocates and others who question the department’s motives. San Francisco fire chief Joanne Hayes-White issued the edict that explicitly bans video cameras on helmets worn by firefighters responding to emergencies, saying privacy issues were the basis of the decision. “There comes a time that privacy of the individual is paramount, of greater importance than having a video,” she told the San Francisco Chronicle. The Chief’s decision comes ... Read More

Owner of Philadelphia building implicated in deadly collapse wants court to toss strict liability claim

The owner of a Philadelphia building that collapsed onto an adjacent Salvation Army thrift store June 6, killing six people and injuring 13 others, faces 11 personal-injury and wrongful-death lawsuits related to the disaster. However, Richard Basciano and his company STB Investments Corp., which owned the collapsed building, asked a state court judge to throw out a strict liability claim sought by the plaintiff in one of the lawsuits. Plaintiff Shirley Ball, who was shopping in the Salvation Army store when he adjacent four-story building fell on top of it, alleges in her complaint that she received injuries to her ... Read More

U.S. Consumer Product Safety Commission gains two new commissioners

Two new commissioners have been appointed to the U.S. Consumer Product Safety Commission (CPSC), the agency reported. The additional commissioners bring the total number of CPSC commissioners to five, including Chairwoman Inez Tenenbaum. “I extend a very warm welcome to Marietta Robinson and Ann Marie Buerkle to the U.S. Consumer Product Safety Commission,” said Chairman Tenenbaum. “Both Ms. Robinson and Ms. Buerkle have extensive legal and public policy experience and will be an asset to the Commission. I look forward to working with them.” Ms. Robinson has 35 years of experience representing plaintiffs and defendants ad handling complex litigation as a ... Read More

Ride malfunction at Ohio amusement park injures seven

SANDUSKY, Ohio — A water thrill ride malfunctioned Friday at Cedar Point amusement park near Cleveland, Ohio, Friday, injuring seven people who were on boat that slid backward down a steep hill and flipped over in water. Investigators are at the park this week trying to determine how the malfunction occurred on the “Shoot the Rapids” ride and why some of the safety restraints were not working properly. “We heard a snap and then a clunk and then it was the loudest noise, like an explosion,” Emily Capezzuto, one of the riders, told the Sandusky Register. “Then it slid down ... Read More

City records show violations and failures contributed to Philadelphia building collapse

Lawyers representing some of the victims killed and injured by the June 5 building collapse in Philadelphia are calling for a “full and open disclosure of the events” that led to the disaster, alleging that the owners of the buildings and city officials “were on notice of a tragedy waiting to happen [but] did not stop it from occurring.” Those strong allegations are rooted in a series of paperwork, emails, and other information released by the city following a Philadelphia Inquirer report that contractors removing debris from the collapsed buildings earlier this month found asbestos among the ruins. That discovery ... Read More