Archive for October, 2011

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Friday, October 28th, 2011

 

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Product Recalls

Thursday, October 27th, 2011

Here at John D. Giddens P.A. we will keep you updated on recent product recalls and provide you with enough information to identify the products even if you don’t remember the exact model number.

This week we have three recalls and reasons:

1. Big Lots Recalls Glider Recliners with Ottomans Due to Entrapment and Finger Crushing Hazards, http://www.cpsc.gov/cpscpub/prerel/prhtml12/12019.html

 

Big Lots Glider Recliner
Recalled

These recliners which were sold at Big Lots have been recalled. If you or a loved one owns these chairs seek out more information on returning them.

An exposed gap between the moving parts of the chair and the base framework can allow access to toddlers and infants, posing an entrapment hazard. In addition, other exposed moving parts on the chair and the ottoman can pose finger pinching and crushing hazards to older children and adults.
2. Evergreen Enterprises Recalls Pourable Gel Fuel Due to Burn and Flash Fire Hazards,http://www.cpsc.gov/cpscpub/prerel/prhtml12/12020.html

Evergreen Enterprise Fireside Pourable Gel Fuel
Recalled

The pourable gel fuel can ignite unexpectedly and splatter onto people and objects nearby when it is poured into a firepot that is still burning. This hazard can occur if the consumer does not see the flame or is not aware that the firepot is still ignited. Gel fuel that splatters and ignites can pose fire and burn risks to consumers that can be fatal.

UPC 746851581199 or 746851581205

3. General Electric Recalls Gas Rangetop with Grill Due to an Explosion Hazard,http://www.cpsc.gov/cpscpub/prerel/prhtml12/12021.html

General Electric Grill Explosion Hazard
General Electric Stovetop Explosion Risk

Burners on Rangetops operating on liquefied petroleum (“LP” or propane) may fail to ignite or light if the gas control knob is left in a position between OFF and LITE, posing a risk of delayed ignition or explosion.

Brand Model Number Begins With: And Serial Number Begins With:
Monogram® LP Model
ZGU364LRP
ZGU484LGP
ZGU486LRP
Natural Gas Model
ZGU364NRP
ZGU484NGP
ZGU486NRP
AS, AT, AV, DS, DT, DV, FS, FT, FV, GS,
GT, GV, HR, HS, HT, HV, LR, LS, LT,
LV, MR, MS, MT, RR, RS, RT, SR, SS, ST,
TR, TS, TT, VR, VS, VT, ZR, ZS, ZT

 

 

A Letter From a Concerned Citizen Can Change Minds

Sunday, October 16th, 2011

Sometimes as members of humanity it falls on us to say something. It falls on us to speak out when something is unjust. It falls on us to make our voices heard, even when it is clear that the people you are speaking to might not hear you.

As attorneys we have the opportunity to be the voice for the people on a day to day basis. The cases we take whether they be: defective products, medical malpractice or an 18-wheeler accident all involve standing up for the individual against large companies.

Recently, John and his family visited Disney World and as he was there John saw several issues with the way things were being run that could cause injuries to his family or other park goers. John had an opportunity to be a voice that would speak to protect the people, to protect those around him and this is the letter he wrote to Disney World’s Risk Manager.

As a citizen and a potential juror you have a voice that our government and large companies can hear clearly. Often the only way a large company will listen to the little guy is when a jury speaks by its verdict.

Scan of the letter

Below is the actual text of the letter John sent.

 

Mr. Stephen Wilder, Vice President of Risk Management

Walt Disney Company

500 South Buena Vista Street

Mail Code: 6709

Burbank, CA 91521

Dear Mr. Wilder:

 

The prompt for this letter is to report an extremely dangerous activity I witnessed at the Kidani pool on the evening of Tuesday, October 11, 2011.

 

I arrived at the pool with my three (3) children, ages six (6), six (6), and eight (8) and observed a crew of three (3) using a personal lift device/telescoping forklift and what appeared to be adjusting or repairing flood lights suspended above the pool approximately thirty (30) feet.

 

There were two (2) men in the lift basket apparently harnessed in and another gentleman on a three (3) wheeled bicycle with “electrical” on one of the boxes fastened to the bike.

 

When I arrived, this piece of machinery was being used approximately two (2) to three (3) feet from the curved edge of the pool.  There were approximately twenty-five (25) children and forty (40) adults present in the pool area.  The forklift was being driven by the occupant of the basket.  It was nighttime with no illumination other than the surrounding pool lights and flood lights.  No one was asked to move from the lounge seats and no one was asked to clear the swimming pool.

 

I immediately moved my kids from the pool area while observing other children swimming up to the wall adjacent to where the forklift was being maneuvered.  Children’s bodies (heads) were within two (2) to three (3) feet of the moving wheels of the forklift.  The men then maneuvered the lift around the pool and went extremely close to the edge of the hot tub.  The forklift’s wheels traveled within two (2) to three (3) feet of the edge of the hot tub.Also, I noticed that there were no lifeguards on duty and had a very difficult time monitoring my three (3) children’s whereabouts given the blind spots in the pool.  I actually sat on the bottom rung of the lifeguard stand constantly moving to make sure my kids were in view.

 

Allow me to suggest the following safety protocols and procedures which may prevent a tragic incident involving this very dangerous piece of machinery:

 

1.         Do not operate any lift device/machineries in or around the pool area while the pool is open.  This maintenance/repair was being performed at night and could had been done when the pool was completely closed and/or restricted to all guests/occupants.

 

2.         If maintenance work or repair work is required to be performed, the pool should be cleared and the walkway should be cleared prior to using this equipment. There should be at least a fifty (50) foot barrier between the outermost reaches of the telescoping forklift and the area where guests/children are expected to be.

 

3.         If the pool is open, lifeguards should be on duty, period.  The pool’s design leaves blind spots.  The location of the slide(s) makes it impossible for multiple children to be supervised by one parent.

 

I have personal experience with clients who were injured and killed using these types of machines in a variety of settings.  There is no need to expose children or unknowing adults to this very serious hazard.  I hope that you will implement safety policies and procedures and/or regulations to remedy this situation so that there is not an unnecessary tragedy.  We enjoyed our visit to Disneyworld and, in particular, Kidani lodge.  Thankfully, nobody was hurt.

 

If I can provide more details or insight on what I observed or how these hazards can be remediated, I am happy to discuss this matter further.

 

Sincerely,

 

JOHN D. GIDDENS, ESQ.