KENNETH J. ALLEN LAW GROUP - INJURY ATTORNEYS
Illinois and Indiana Personal Injury Lawyers and Attorneys Trial and Civil Litigation Law Firm.
Accident & Injury Law
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Passion. Commitment. Excellence.
Those three words best describe the driving forces behind Kenneth J. Allen Law Group. Our firm is devoted exclusively to the practice of Accident and Injury Law, and exclusively to the people - not corporations - seriously hurt or killed in incidents as varied as on-the-job accidents, semi-truck crashes, injuries from a defective product, or loss of life because of a doctor's medical malpractice.
As the only multi-state law firm in Valparaiso Indiana, Merrillville Indiana, Indianapolis Indiana, Northwest Indiana, Chicagoland, Joliet Illinois, Tinley Park Illinois, Chicago Illinois accepting serious injury and wrongful death cases, exclusively, Kenneth J. Allen Law Group is experienced and knowledgeable in the details and procedures that can make or break a case.
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RECALLS JUST KEEP HAPPENING: CAR MAKERS LIKE GENERAL MOTORS MAY BE RESPONSIBLE FOR MANY, MANY SERIOUS INJURIES AND DEATHS
MILLIONS OF RECALLS ANNOUNCED BY CAR MANUFACTURERS IN PAST 30 DAYS
Some are calling the evolving scandal of the General Motors recalls in 2014 for a faulty ignition switch as something that hasn’t been as scary and dangerous as the long-agoFord Pinto scandal where Ford’s model with it’s gas tank in the rear was one of the most infamous recalls of all time.
And the car recalls just keep happening. Today, Chrysler recalled almost a million (870,000) Sport Utility Vehicles (SUV) for a defect in their brakes. Literally millions of vehicles have been recalled in the past thirty days.
Millions. In One Month’s Time.
Here’s the thing: recalls mean that there are vehicles on the road, or for sale on used car lots and in trade publications and classified ads, that are not safe.
It also means that there may have been accidents and wrecks going back almost a DECADE that may now be determined to be the fault of the vehicle subject to recall. If you or a loved one has been the victim of injury or wrongful death in a car crash or motor vehicle accident involving one of these recalled vehicles from GM (General Motors) or another manufacturer, then you may need to investigate whether or not the car maker is legally liable for the losses that you and your family have suffered.
Expect lots of lawsuits to be filed in response to these recalls. Because at least in GM’s case, the car manufacturer apparently knew of these dangers and didn’t share that information or fix the problem. For YEARS.
List of Vehicle Safety Recalls in the Past 30 Days (NHTSA)
April 1: 1,340,447 GM vehicles from 2004-2010, including Chevrolet HHR and Saturn Aura models, Recalled for the electric power steering which may suddenly fail.
April 1: 489,936 GM vehicles from 2014-2015, including Chevrolet Suburban and GMC Sierra models, Recalled for the transmission oil cooler line that may not be secured, causing potential leaking that could start a fire.
April 1: 174,046 Chevrolet Cruze vehicles from 2013-2014, Recalled for the right front half shaft which may fracture, causing the vehicle to lose power.
March 31: 119,140 Toyota Avalon vehicles from 2003-2004, Recalled for the potential inadvertent deployment of the front air bags.
March 31: 9,816 Honda Civic LX vehicles from 2014, Recalled for potential tire damage during assembly, resulting in loss of air to the tire.
March 28: 656 Cadillac ELR vehicles from 2014, Recalled for potential loss of directional control due to a failure of the ESC system.
March 28: 209 Porsche 911 GT3 vehicles from 2014, Recalled for potential damage to the engine crankcase, causing oil to leak onto hot components of the engine which may cause a fire.
March 27: 989,701 Nissan vehicles from 2013-2014, including Nissan LEAF and Ifiniti Q50 models, Recalled for passenger seat sensors that may not detect when an adult is seated, causing the air bag to not deploy properly.
March 27: 43,452 Chrysler Dodge Charger vehicles from 2011-2012 equipped with halogen lights, Recalled for the sub-harness on the headlights which may overheat, causing the low beam headlights to go out.
March 27: 657 Newmar recreational vehicles from 2013-2014, including Canyon Star and Essex models, Recalled for microwaves that may start on their own, increasing the risk of a fire.
March 27: 343 Landi Renzo modified Ford vehicles from 2011-2014 made to operate on compressed natural gas (CNG), including E-150 and E-250 models, Recalled for the brackets that support the rear CNG cylinder which may fail, increasing the risk of a fire.
March 27: 195 Chrysler Dodge Ram 5500 trucks from 2014, Recalled for an incorrect Gross Vehicle Weight Rating, which could lead to the truck being overloaded.
March 21: 355 GM vehicles from 2014, including Buick Regal and Chevrolet Impala models, Recalled for gear shifts that may not shift, increasing the risk of rollaway and injury.
March 18: 1,176,407 GM vehicles from 2008-2013, including Buick Enclave and Chevrolet Traverse vehicles, Recalled for faulty side impact air bags and seat belt pretensioners.
March 18: 886,815 Honda Odyssey vehicles from 2005-2010, Recalled for a potential fuel leak, increasing the risk of a fire.
March 18: 303,013 GM vans from 2009-2014, including GMC Savana and Chevrolet Express models, Recalled for increased risk of injury to unbelted front seat passengers in the event of a crash below the air bag deployment threshold.
March 18: 63,903 Cadillac XTS vehicles from 2013-2014, Recalled for potential corrosion of the brake booster pump relay connector, increasing the risk of a fire.
March 18: 18,690 Dodge Durango and Jeep Grand Cherokee vehicles from 2012-2013, Recalled for a potential hard brake pedal feel, lengthening the distance needed to stop the vehicle.
March 18: 18,092 Fiat 500L vehicles from 2014, Recalled for the transmission gear which may not shift in certain temperatures, increasing the risk of a crash.
March 13: 4,453 BMW motorcycles from 2013, including C 600 Sport and F 800 GS models, Recalled for potential shutdown of the motorcycle while it’s being ridden.
March 10: 1,330 Aisin World transmissions, models A465 and A466 and placed in Isuzu and Chrysler vehicles, Recalled for potential loss of power transfer which may increase the risk of a crash.
March 10: Certain Monroe Trucks modified vehicles from 2005-2009, including Chevrolet C7500 and Ford F-350 models, Recalled for a battery epoxy sealing that may melt and start a fire.
March 7: 6,954 Honda CB500 and CBR500 motorcycles from 2013, Recalled for engine bolts that may have been manufactured incorrectly, which could result in loss of power and engine stalling.
March 7: 130 Freedom Motors wheelchair accessible vehicles from 2008-2010, including converted Dodge Grand Caravan and Chrysler Town and Country models, Recalled for the rear axle which may develop cracks and result in axle failure.
March 6: 7,067 Toyota Highlander vehicles from 2014, Recalled for the third row middle seat belt which may not be properly anchored, increasing the risk of injury in the event of a crash.
February 27: Updated: 1,367,146 Chevrolet Cobalt, Pontiac G5 and Solstice, Saturn Ion vehicles from 2003-2007, Recalled for ignition switches that may move out of the run position, turning off the engine or causing the air bags to not deploy in the event of a crash.
RECALLS GET NEW FEDERAL RULE TO FIGHT AGAINST DANGEROUS CARS ON THE ROAD AND ACCIDENTS FROM VEHICLE DEFECTS: INDIVIDUAL VIN SEARCH FOR RECALLS BY AUGUST 2014
Cars, SUVs, Pickups, Minivans, Sedans, Passenger Vans, Convertibles, Motorcycles, Mopeds, Motorized Scooters – no matter the type of motor vehicle you drive, chances are high that the manufacturer of that vehicle has issued a recall of some of its products, or the federal government has recalled the manufacturer on its own. Recalls are commonplace among automobile manufacturers these days – and some of the recalls are more dangerous (and scary) than others.
Remember the Ford recalls for Ford trucks and sedans bursting into flames while parkedor the recent Toyota Lexus recalls for spontaneous acceleration? Also, consider some of our past coverage of automobile manufacturer recalls including:
- FORD WINDSTAR MINIVAN RECALL IMPACTS ILLINOIS AND INDIANA: IS YOUR MINIVAN DANGEROUS?
- MORE RECALLS – 2011 HYANDAI SONATA RECALLED, SALES STOPPED ACROSS THE NATION
Recalls Are The Result of Defective Products Being Sold and Driven on American Roads
The bottom line of any car recall is that the car has a problem, a defect, that needs repair or replacement at the automobile dealer. Sometimes these recalls are minor defects, and in more serious cases, the defects are major problems that can result in accidents and crashes where people are seriously injured or killed.
Wrongful deaths cases in car accidents may well point to a defective product or defective design in the car as the proximate cause of the accident. Complicated car crash injury lawsuits involve disputes not only regarding driver fault and road conditions, but whether or not the machines themselves played a role in the accident.
Currently, drivers have to depend upon media notifications or finding a notice in their mailbox to learn that their vehicle is subject to a recall. Anyone curious about their vehicle’s safety or perhaps suspicious that the vehicle is subject to a recall can go online and if they have the correct information, they can surf through recall information for that make and model and year via sites like SaferCar.Gov.
It’s troublesome for many drivers and car owners to do this. This week, the federal government announced that a new federal rule will be changing things.
New Federal Regulation Will Require Individual VIN Search for Manufacturer Recalls
The National Highway Traffic Safety Association (NHTSA) released news of a new federal requirement regarding all car recalls in the United States, to make it easier for everyone to find out about their particular vehicle and whether or not it is subject to a serious and dangerous recall situation: beginning in 2014, you will be able to surf using your own VIN (Vehicle Identification Number) to find out the details about any and all recalls that pertain to your specific vehicle.
This is especially important for those who own used vehicles as well as those who are considering buying a pre-owned vehicle. As the federal agency rule amendments (read them here) goes into effect, it will require all automobile and motorcycle manufacturers in the United States to place on the web as a free service a current roster of recalls pertaining to their products, searchable for free by VIN (they are required to update at least once a week). All these companies must have these web pages up and running byAugust 14, 2014. The Department of Transportation’s SaferCar.gov site will also have the free VIN recall search feature, compiling all the manufacturers’ information into one database.
“Every day NHTSA is working for the American consumer to ensure that automakers and motorcycle manufacturers address safety defects and non-compliances, and that they also recall affected vehicles in a timely manner,” said NHTSA Administrator David Strickland. “By making individual VIN searches readily available, we’re providing another service to car, light truck and motorcycle owners and potential owners – the peace of mind knowing that the vehicle they own, or that they are thinking of buying, is safe.”
This final rule requires large volume car, light truck and motorcycle manufacturers to provide search capability for uncompleted safety recalls on their websites. In addition, the rule will require manufacturers to inform NHTSA about exactly what type of propulsion system and crash avoidance technologies vehicles have. This new information will assist NHTSA’s efforts to spot defect trends related to those systems and technologies. Manufacturers also will be required to provide vehicle owners with direct notice of recalls within 60 days of notifying NHTSA that a recall is occurring.
Recalls happen every day in this country – all sorts of products are either voluntarily recalled by their manufacturer, or recalls are issued by the government to get dangerous items out of the public marketplace. Consider this — this week, so far, the following national recalls have happened:
- Stouffer’s Frozen Lasagna has been recalled by Nestle Food Company because some of its product can make people with fish allergies sick.
- Hospira is recalling some of its Morphine Sulfate Injection because they have more than the appropriate dosage.
- Office Depot is recalling desk chairs because they have a dangerous fall hazard.
It is very good news for all American consumers that manufacturers issue these voluntary recalls of their products when it is discovered that the product can hurt or seriously injure (even kill) someone. Of course, there are those who will point out that this is in the manufacturer’s best interests, since they are legally liable for any injuries that their products cause.
And this is true. Under state law as well as federal statute, manufacturers of products as well as those in the distribution chain (those who had the task of getting the product from its maker to the injury victim) can be held financially responsible for the injuries caused by a defective and damaged product.
This is what is referred to as products liability law. Many recalls have become the basis for major personal injury litigation based upon products liability laws, where state legislatures (like those in Indiana and Illinois) as well as the U.S. Congress, have passed laws for safe products that have been violated. Consider this — this week, the following recalls are now among those making national news as they proceed as major products liability personal injury lawsuits:
- This week, a wrongful death lawsuit has been filed by the parents of a baby whose death inspired a national recall. Johnson & Johnson and subsidiary McNeil PPC have been sued by the grieving parents of their 2-month-old infant son, Markus Cherry, who died after being given Concentrated Tylenol Infant Drops (which was later found to have been defective, as it contained harmful bacteria). Baby Markus’ death led to the national recall of 40 different types ofinfants’ and children’s medications. This is probably not the only lawsuit that will spring from this recall.
- Yesterday, it was announced that the parents of a 2 year old little boy had settled their wrongful death lawsuit – although at least ten (10) other similar cases remain active – after they filed a wrongful death action against Triad Group and its sister company, H&P Industries, claiming that their son Harry Kothari died because of Triad’s defective product, contaminated baby wipes. Triad and H&P did issue a voluntarily recall after little Harry died from contaminated wipes and swabs containing harmful bacteria. The Food and Drug Administration also shut down the Triad plant after U.S. Marshals entered and seized $6 million worth of products.
- Defective products made and recalled by DePuy Orthopaedics are now the subject of over 3500 different lawsuits, as victims of its defective ASR hip implants are joined together in multi district litigation before an Ohio federal district court, with trial predicted to start soon. We’ve been monitoring those hip replacement product lawsuits for awhile now, see our earlier post that provides details.