Month: April 2010

In this case, a man died of a heart attack triggered by carbon monoxide poisoning. The family considered it a wrongful death.

This case involved a 62-year-old man who perished in June of 2008, as the result of a heart attack that was presumably triggered by carbon monoxide that pervaded the cabin of a rented houseboat.

“Apparently, other family members on the same boat were taken ill, but were able to recover,” recounted Stephen M. Ozcomert, who handles personal injury cases, accidents, and malpractice law in Atlanta, Georgia.

The suit is only now coming to court as it bounced around a bit in different jurisdictions. The main focus of this wrongful death lawsuit is that the carbon monoxide, given off by a generator on the houseboat, was trapped inside the cabin and sleeping areas of the craft. Evidently, the carbon monoxide detectors didn’t sound an alarm to alert those onboard that they were inhaling toxic levels of this odorless gas.

“The plaintiffs in this case accuse the defendants of negligence in not having properly working carbon monoxide detectors on the boat. There are a number of defendants in this lawsuit, and all of them have denied any liability in the death,” added Ozcomert.

“The concept of wrongful death is that the death itself, as well as injuring the person in question who subsequently died, also hurt/injured people who depended on that person. In most cases they depended on the deceased for emotional or financial support,” Ozcomert explained. The wrongful act could consist of someone being reckless or negligent and thus causing the death of someone. Just about every state has a wrongful death statute that allows relatives of the deceased to file a lawsuit.

Wrongful death lawsuits must be filed within a certain time frame or the opportunity to do so vanishes. “Each state also has a different time limit, so if a person isn’t certain what that limit is, it’s best to call a knowledgeable lawyer. Generally speaking the clock ticks from the time of the accident or from when the party became aware of or discovered the injury/death,” stated Stephen M. Ozcomert, who handles personal injury cases, accidents, and malpractice law in Atlanta, Georgia.

To learn more visit http://www.ozcomert.com.

When will the product recalls stop? This time, baby sling carriers are in question.

First it was kids’ toys, then jewelry and now, baby slings. What is the world coming to with all the dangerous products on the market lately? It isn’t just kids’ products either. Witness the massive recalls of blinds that are known to strangle children, cars that suddenly accelerate for no reason and cause accidents and death, Blue Bird school buses with wiring harness problems and All Tom’s BBQ potato chips for the risk of salmonella.

The latest flap involves two baby slings made by Infantino in San Diego, California. Although, this may be just the tip of the iceberg when it comes to baby slings in general. “These sling style carriers were recalled after three babies suffocated in them, prompting a massive recall of over 1 million slings,” outlined Stephen M. Ozcomert, who handles personal injury cases, accidents, and malpractice law in Atlanta, Georgia.

This danger came to light when it was discovered that when small infants have their nose and mouth covered, they don’t have the strength to turn their heads, causing them to suffocate. This also happened when the baby was pressed against the sling carrier. Evidently, babies’ air could also be cut off if they’re placed in the sling in a position where their chins rest on their chests.

“This means that there will be more than just this one sling carrier that has the potential to cause deaths,” said Ozcomert. “In fact, there are several other models that may also be just as dangerous as ones that have been tested,” he added.

Industry safety analysts say that any sling that holds a child is in a curved position, with the chin on the chest, is not safe. The better alternative, and safer one, is a carrier that keeps the child totally upright and either strapped to the front or back of an adult. While this idea might not appeal to parents who want their babies close to their body, doing it with a sling may be asking for trouble in light of these recent developments.

On the other side of the fence are sling advocates who say there is a safe way to use the sling and if people do it the right way, there is no risk of harming the child. Although, most of the slings being discussed are not that harmful, they are not the deep-pocket ones that Infantino is selling; a model where the baby’s face needs to stay clear of the fabric.

“No matter what camp a parent happens to be in, if they have experienced problems with this defective product, the Infantino baby sling, it would be a good idea to talk to a dedicated attorney who practices in this area of the law. Those who make dangerous products must be held accountable,” said Stephen M. Ozcomert, who handles personal injury cases, accidents, and malpractice law in Atlanta, Georgia.

To learn more visit http://www.ozcomert.com.