FindLaw's Common Law

Pet Food Recall Over Salmonella Fears Includes 6 Natura Brands

2013-06-19T10:40:44-07:00

A nationwide Natura pet food recall has led to several brands being pulled from shelves due to concerns over potential Salmonella contamination.

According to the FDA, about a half-dozen brands under the Natura Pet Products line were all packaged in the same facility where one sample of dry pet food tested positive for Salmonella. So far, no pet or human illnesses have been reported, Houston's KPRC-TV reports.

The Natura recall includes dry pet food and biscuit treats (canned and wet goods are not included), all with expiration dates prior to June 10, 2014. A list of the products can be found on the FDA's website. They include brands such as Innova, EVO, and Mother Nature.

All the recalled products were sold either in veterinary clinics, online, or at pet specialty retail stores.

Usually, standard procedures calls for a fairly limited recall when only a single positive test for a contaminant has been found. However, Natura has decided to voluntarily recall all products that came out more than a week ago.

Salmonella can directly affect both pets and their human owners handling the contaminated products, resulting in similar symptoms for both the animals and humans of a fever, abdominal cramps, and diarrhea.

While the illness typically passes within a week, there are often severe cases of the infection that require antibiotic treatments. In these more critical instances, improper treatment or lack thereof can result in death, especially for infants, those with impaired immune systems, and the elderly.

Typically, food poisoning and food recall cases fall under the legal branch of product liability. Determining liability in these instances usually involves pinpointing the source of the cause, looking at what type of product, what type of damage it is (whether it is a rare instance, or a defect in the entire line), and what type of merchant or manufacturer put out the product to determine the level of responsibility.

As you can see, product liability lawsuits can get tricky. If you or your pet has been sickened by tainted pet food, an experienced products liability lawyer can help you figure out the best way to proceed.

Related Resources:

Pet food recall: Sweeping recall affects food for cats, dogs, and ferrets (The Christian Science Monitor)
Dog Died From Waggin' Train Dog Treats: Suit (FindLaw's Injured)
Top Food Poisoning Sources Revealed: CDC (FindLaw's Injured)
$12M Settlement Approved in Peanut Salmonella Case (FindLaw's Decided)

5 'As Seen On TV' Product Recalls You May Not Have Seen

2013-06-17T11:36:36-07:00

If you're a late night TV junkie, you are probably very familiar with the "As Seen On TV" line of products. But you may not be in the know about their recalls.

Here are five infomercial-born appliances and gadgets that have been recalled back to TV-land for some alarming reasons.

The Ab Lounge. This product, which looks almost like a lawn chair, was recalled in 2004 after consumers got their fingers crushed or cut off by the hinges of the Ab Lounge. The distributor, Fitness Quest Inc., no longer sells these products, and it is illegal for consumers or businesses to attempt to resell them, reports the U.S. Consumer Product Safety Commission (CPSC).
The Therma Scarf. This microwavable scarf (complete with pockets!) by Telebrands was recalled after consumers reported fires from heating them up. Heat packs inside the scarf were made of flax seeds, which upon sufficient reheating, can cause fire and burn hazards which is probably not what you'd be looking for in a scarf.
Kinoki Foot Pads. The marketers of these "revitalizing" foot pads were charged by the FTC for deceptive advertising after claiming that the pads removed toxins and "metabolic waste." In 2010, this "As Seen On TV" product and similar products were barred from sale by a federal judge.
The Snackmaster Dehydrator. Who doesn't love dried fruits and herbs? But consumers who were tired of the hassle and price of buying those pricey dried apricots and prunes didn't save any money by using the Snackmaster Dehydrator. This item was recalled by the CPSC after reports that the heating element in the dehydrator may cause fires.
The H2O Mop Steam Cleaner. Scrubbing and cleaning your floors can have you at frayed ends, but users of the H20 Mop Steam Cleaner were literally shocked after the mop's cord wore down, leaving dangerous exposed wires. The CPSC issued a recall for potential shock and burn injuries, but die-hard "As Seen On TV" consumers can contact Thane International Inc. for a repair kit.

Related Resources:

How to Handle a Product Recall (FindLaw's Free Enterprise)
Frozen Pizza, Snacks Recalled; 7 Hospitalized (FindLaw's Injured)
Consumer Protection Laws and Agencies (FindLaw)
Browse Products Liability Lawyers by Location (FindLaw)

Warning: Rite-Aid Scam May Give Thieves Access to Your Money

2013-06-11T11:35:37-07:00

A Rite-Aid scam nearly cost a Pennsylvania woman her financial security after she received a letter telling her that she had won $18,000 from Rite-Aid.

The scammer called the victim and informed her that in order to claim her prize money, she need to purchase a $500 prepaid Green Dot card and deliver the card's serial number to the scammer, reports UPI.

This scam is not unique in its targets or methods, and there are several ways you can avoid it.

Similar to the 'MoneyPak' Scam

Folks in western Pennsylvania have been receiving scam calls informing them that they've won a Rite-Aid sweepstakes, and even the local army barracks has been placed on alert, reports the Associated Press.

Police report that the scam caller has since been traced to Jamaica, and no arrests have been made.

This Rite-Aid scam shares many similarities with the "MoneyPak" virus, which has infected computers nationwide. The "MoneyPak" scam requested that users give them $200 in the form of a MoneyPak code.

MoneyPak and Green Dot are prepaid debit cards which are sold with a certain amount of dollars preloaded, which can then be reloaded as you use the cards for purchases.

Scammers like prepaid debit cards because they are a quick, and fairly untraceable way to turn electronically transferred money into cash.

How to Avoid Being Scammed

Regardless of whether the scammer uses the Internet or the phone like with the Rite-Aid scam, keep these rules in mind to avoid becoming a victim:

Guard your financial or personal information. If an email or caller requests your credit card number or Social Security number, don't reply.
Distrust requests for payment by prepaid card. Legitimate businesses and creditors will not ever ask you for payment in a strange fashion like a prepaid debit card.
Verify information separately. Make sure to verify any claims you think are legitimate by checking a business via the Better Business Bureau or other consumer protection agency.

Related Resources:

Rite Aid Scam Targets Customers: 4 Things To Know About The Fake $18000 Sweepstake Calls (Latin Times)
Report a Scam (Better Business Bureau)
Miami-Dade Jail Inmates Involved in Phone Scam (FindLaw's Blotter)
Signing Up for Credit Card Fraud Alerts Can Pay Off (FindLaw's Common Law)

Chrysler Recalls Jeep SUVs, but Not Libertys or Grand Cherokees

2013-06-07T12:01:10-07:00

A Chrysler recall affects some 630,300 newer-model Jeep SUVs. Potential problems include delayed deployment of airbags and others due to the potential of leaking transmission fluid, Chrysler and U.S. regulators said.

But the recall does not include older-model Jeep Grand Cherokee SUVs, which the National Highway Traffic Safety Administration want off the road. Chrysler insists NHTSA's analysis is incomplete, Reuters reports.

The Chrysler recall involves:

Some 409,200 Jeep Compass and Jeep Patriot SUVs from model years 2010 to 2012, and
About 221,100 Jeep Wrangler SUVs with 3.6-liter engines from model years 2012 and 2013.

The Jeep Compass and Jeep Patriot SUVs are being recalled because a software glitch may delay deployment of side airbags and seatbelt tensioners in the event of a rollover, Chrysler and regulators said.

One can imagine how the delayed deployment of airbags after a rollover can pose a great danger.

The Jeep Wrangler SUVs will be recalled because of possible leaking of transmission fluid. Chrysler said a component of the Wrangler's power steering system may rub against a transmission fluid cooling line, causing the fluid to leak.

Keep an eye out of evidence of a transmission fluid leak on the ground.

The recalls come after Chrysler refused a request by U.S. regulators to recall 2.7 million older-model Jeep Liberty and Grand Cherokee SUVs. The company claims that safety regulators conducted an incomplete analysis when they studied fires occurring after rear-impact crashes that have resulted in 51 deaths, reports Reuters.

By June 18, Chrysler must respond to NHTSA regarding the proposed recall of Jeep Grand Cherokee SUVs from model years 1993 to 2004 and Jeep Liberty SUVs from model years 2002 to 2007.

When it comes to product liability, manufacturers can be liable for defects in both the design and manufacture of their product, if that defect makes the item less safe.

Thus far, Chrysler has not heard of any injuries or accidents caused by either of the issues, reports Reuters.

The Jeep Patriot and Compass SUVs involved were built from May 6, 2008, to July 20, 2012. The Wranglers affected were produced from January 23, 2011, to February 23, 2013.

Of the 630,300 Jeep Patriot, Compass and Wrangler SUVs to be recalled, about 435,000 were sold in the United States.

Manufacturers are legally obligated to give notice of the recalls to affected customers. If you own one of the vehicles subject to the recall, expect a letter from Chrysler.

Once a defect determination is made, the law gives the manufacturer three options for remedying the defect: repair, replace, or refund.

In addition, if you have been injured by one of the vehicles, you may want to speak with a product liability attorney in your area to learn your options to recover damages.

Related Resources:

Chrysler to recall 630,000 SUVs worldwide (USA Today)
Vehicle Recalls and Defects (FindLaw)
Car & Vehicle Defects and Recalls: Get Help Now (FindLaw)
Safety Search: Vehicles and Equipment (FindLaw)

Ford Recalls 2013 Models Over Fuel Tanks, Fire Risks

2013-06-04T12:01:00-07:00

A trio of Ford recalls have been issued on new 2013 models, reports The Detroit News. The largest of the three recalls concerns fuels leaks. A second recall involves potentially cracked engine block heater electrical cords. The final recall addresses possible steering control issues.

Here is some extra information on each of the Ford recalls:

Recall #1: Fuel Leaks

The largest recall, affecting 465,000 vehicles, resulted from 600 complaints of fuel leaks, which could lead to a fire risk, the report indicates. Fortunately, no fires have been reported thus far.

Included in 465k-unit recall are the 2013 Explorer, Flex, Fusion, Taurus and Police Interceptor sedan, as well as the Lincoln MKS, MKT and MKZ.

If you own a recalled model, watch out for a fuel odor, or in some cases, evidence of a fuel leak on the ground.

Recall #2: Cracked Electrical Cords

Ford is recalling 500 units of its 2013 Lincoln MKZ equipped with engine block heaters.

According to Ford, the insulation on the engine block heater's electrical cord may crack in cold temperatures, The Detroit News reports.

Recall #3: Steering Control Flaws

The third and final recall involves 23 Ford Fusion models. The vehicles are being recalled due to potential impairment or loss of steering control. This may be due to faulty steering gears that may have been built without an internal retaining clip, The Detroit News reports.

Consumers can learn more about the recall on Ford's website. If you aren't sure whether your vehicle is affected, you can type in your vehicle's VIN number on the website. You can also call Ford at (866) 436-7332 in the United States.

If you have been injured from one of the defects, you may have a right to recall remedies. You may be able to collect damages both for your physical injuries as well as monetary compensation to replace your car. Contact a products liability attorney in your area to learn your rights.

Related Resources:

Ford Recalls 465,000 Vehicles - Analyst Blog (NASDAQ)
Car Defects and Recalls Basics(FindLaw)
Ford SUV Recall: More Than 10,000 Escapes Recalled Over Braking Issue(FindLaw's Common Law)
Ford F150 Truck Recall: Faulty Doors(FindLaw's Common Law)

Problem With Your Credit Report? You're Not Alone

2013-05-31T10:45:35-07:00

Nearly a quarter of Americans say they have noticed problems on their credit reports, according to a new FindLaw.com survey.

Among the most common problems: inaccurate information, identity theft, incorrect credit scores and being denied credit because of mistakes on a credit report.

The survey found that 23% of Americans have come across one or more of these problems.

Impact of Credit Report Errors

Mistakes and other credit-report inaccuracies can have huge personal, financial and professional implications. This can include your ability to get a mortgage, a credit card, a car loan, or other forms of credit.

In some cases, credit reports can also be used against you if you're applying for a new job.

That's why it's important to check your credit report from time to time and make sure the information is secure, accurate, and current.

What to Do If There's a Problem

If you're among the nearly 1 in 4 Americans who notices a credit report mistake, don't fret. The vast majority of surveyed people who had problems with their credit report say they were able to correct the problem.

In fact, 68% of people were able to completely fix their problem. Another 14% faced multiple problems but were able to get at least one of them fixed. However, 18% said they had no luck in getting their problem fixed.

In most cases, consumers do have options to clear up mistakes on their credit reports.

For example, under the Fair and Accurate Credit Transactions Act, you are entitled to one free credit report annually from each of the three major credit reporting agencies.

Federal law also sets requirements for resolving disputes involving the accuracy of information in a person's credit report.

The number of people catching mistakes on their credit reports may seem surprising. But perhaps even more surprising, a similar number of respondents -- 22% -- admitted that they'd never checked their credit report to verify the accuracy of the information.

Related Resources:

Financial Consumer Protection (FindLaw)
Sample Request For Credit Report If You Have Recently Been Denied Credit (FindLaw)
Top 3 Ways to Fix Your Credit Report (FindLaw's Common Law)
Browse Banking & Finance Lawyers by Locatoin (FindLaw)

Click It or Ticket: 10 States With the Most Seat Belt Violations

2013-05-28T15:01:00-07:00

It's 2013's "Click It or Ticket" week right now. What does that mean, exactly? It's the U.S. Department of Transportation's week-long, annual campaign to ensure stricter seat belt enforcement, this year with a focused emphasis on nighttime drivers. Basically, state and local law enforcement agencies are cracking down even more severely on motorists caught not wearing a seat belt this week.

According to USA TODAY, if they aren't buckled up, drivers can expect fines of up to $162 during the week, which will run until June 2nd, 2013. Nationally, the average cost per ticket is around $38. The campaign typically launches right before or around the Memorial Day weekend, which usually signals the start of summer vacation season, or at least a long weekend undoubtedly filled with more drivers on the road than usual.

Secretary of Transportation Ray LaHood says that, "When we started this campaign two decades ago, we knew that our roadways would be safer." Also, according to data from the National Highway Traffic Safety Administration (NHTSA), 86% of drivers now buckle up when they get behind the wheel of their cars.

Still, though, this means that there are still those who don't click it, and thus run the obvious risk of a ticket. According to a report from USA TODAY, here's what seat belt tickets issued in 2010 looks like for the top ten states with the most citations:

California, Texas, and New York all unsurprisingly appear on this list. But, the states with the most citations are actually not one of these three heavy-hitters. Florida is the second most ticketed state for seat belt violations in 2010 with over 60,000 citations. While Illinois actually comes in first place with a whopping 74,364. The full list, below:

Illinois, 74,364
Florida, 63,586
New York, 55,865
Texas, 40,393
New Jersey, 36,699
Minnesota, 23,244
Kentucky, 22,070
Indiana, 20,818
Wisconsin, 16,405
California, 14,697

So, for those of you residing in or driving through these states, be warned. But, more importantly: be safe.

Related Resources:

'Click It or Ticket': The Annual Revenue-Generating, Seatbelt-Ticketing Blitz (Bloomberg News)
Seat Belt Laws in All 50 States (FindLaw)
Will Seat Belt Death Lawsuits Flood the Courts? (FindLaw's Injured)
Seat Belts to Get Hit by Recession? State Seat Belt Laws Eyed to Bring in Cash (FindLaw's Common Law)

Twitter's 2-Step Authentication: How Does It Protect You?

2013-05-24T09:06:47-07:00

Twitter's two-step authorization has finally come to town.

It's about time, too. From the Associated Press to The Onion, to E! Online, to celebrities, and then of course all the way down to the rest of any of us tweeters, it seems as though nobody on Twitter is safe from being hacked. It happens, and it happens often.

Let's hope that, by following in the footsteps of Apple, Google, and many others, implementing a two-step verification system can help Twitter protect you from getting hacked.

But what exactly is this new Twitter two-step authentication feature? And how will it protect you from being hacked?

How It Works

Two-step authorization is exactly what it sounds like. Twitter users logging in will have to verify their identity twice before they're able to successfully get into their accounts. Before this, it was just a matter of typing in your password.

Now, Twitter is adding that extra layer of authorization by requiring users to enter a unique code, sent via SMS text message. The phone number it'll be sent to will be the one that you entered when the account was first created.

This second step won't be required every time you open up a Twitter tab. Rather, it will be asked of you every time you log out and log back in. This will not affect apps that you've connected to Twitter. Apps will still require a one-time password.

How It Protects You

By adding that extra layer of verification, Twitter is ensuring that whoever enters your account is actually the authorized person to do so. This will also help to ensure that a number of factors that trigger hacks are minimized, such as:

Phishing. Phishing, or fishing for confidential information, is basically what many types of spam mail are: mass emails sent out in an effort to fraudulently obtain your personal information (in this case, your Twitter password).
Spear-phishing. Spear-phishing is a more targeted form of phishing. Essentially, they are fake emails addressed to you or your company that deceive the user by adding tailored, fake personal touches that often make them then seem like they are legitimate.
Identity theft. This occurs every day, and everyone is susceptible to it. But with two-factor authentication, even if a hacker is using your email address, he won't be able to log in to your Twitter account without the code that's sent to your phone.

There are of course still some inevitable kinks that need to work out with Twitter's latest feature -- multiple users on the same Twitter account, for one, and how that can be verified. But, the newest security enhancement will at the very least give users some added protection.

Related Resources:

We Asked and We Received: Twitter Gets Two-Factor Authentication (FindLaw's Technologist)
Steps You Should Take in Preventing Identity Theft (FindLaw)
Twitter Hacking: 5 Ways To Prevent It (FindLaw's Law and Daily Life)
AP Twitter Hack Spurs 'Spear-Phishing' Alert (FindLaw's Free Enterprise)

After a Tornado, Top 10 Legal Tips for Storm Victims

2013-05-21T07:20:18-07:00

With the devastation of Monday's Oklahoma tornado beginning to set in, victims are coming to grips with the daunting process of recovery. In this difficult situation, victims should take it one day at a time.

With a hat tip to the Dallas Business Journal, here are 10 legal tips for tornado victims:

Don't re-enter your home unless it's safe. Even if your home is still standing, some damage might not be visible, so be very careful about entering any property or structure.

Don't blindly sign anything. Never sign any documents that might do away with your legal claims unless you understand what you are signing. If in doubt, you may want to consult an experienced lawyer.

Be careful about cashing settlement checks. Do not deposit any checks from insurers that have “settlement” written anywhere on them unless you have all of the facts about the value of your loss and are completely satisfied with the amount.

Read your homeowner's policy. Keep receipts from emergency repairs and log any costs from temporary housing. This may be reimbursable under the "loss of use" portion of your homeowner's policy.

Take notes and document everything you can. Document any damage with pictures, ideally. Written descriptions of the damage are also helpful.

Keep an insurance phone log. Jot down all of your attempts to contact your insurance company; if you speak with someone, jot down his or her name and what you discussed. This could come in handy if you need to file a complaint or later need to talk to an attorney.

Ask for proof. If your insurance company tells you that your policy does not cover the damage that occurred or you feel that the offer is too low, ask for proof.

Do your research before hiring contractors. If you need to rebuild your home, use a contractor with good references and an long-standing presence in the area. Price several contractors, be firm about terms and deadlines, and do not sign any contracts that are heavy with legalese or force you into arbitration, which strips you of your right to trial. Be skeptical of out-of-town contractors.

Look into FEMA assistance. Residents can apply for FEMA money to replace lost clothes and to pay for food, lodging, medical, dental and funeral costs.

Look for free legal clinics. In the aftermath of previous tornadoes, local bar associations have offered pro bono services. In the wake of Monday's Oklahoma tornado, some businesses like U-Haul are offering free services to help storm victims.

Related Resources:

How to help Oklahoma tornado victims (USA Today)
Why to Buy Homeowners Insurance (FindLaw)
Renters' Tips for Displaced Homeowners after a Natural Disaster (FindLaw)
SBA Disaster Loans: Homeowners, Renters Qualify Too (FindLaw's Law and Daily Life)

CDC: Poop in Pools Is a Potential Health Problem

2013-05-17T10:01:33-07:00

Everybody poops -- and it's showing up in public swimming pools, apparently.

That's right: There's poop in pools, and researchers at the Centers for Disease Control and Prevention are not happy about it.

A CDC report shows that swimmers frequently introduce fecal material (i.e., poop) into pools, which can spread germs to other people, the researchers wrote.

During the course of the CDC study, researchers found a variety of bacteria in the pools they tested last summer.

The Bacteria

The researchers found genetic material from E. coli bacteria in 58% of the tested public pools. E. coli bacteria are ordinarily found in the human gut and feces. Rest assured, there were no samples that showed E. coli O157:H7, a toxin-producing E. coli strain that causes illness, reports LiveScience.

In 59% of pools, researchers also found genetic material from bacteria called Pseudomonas aeruginosa, which can cause skin rashes and ear infections, according to the CDC report.

Two parasites, Cryptosporidium and Giardia, which also spread through feces and cause diarrhea, were found in less than 2% of samples.

The Cause & the Solution

The fecal matter ended up in pools from people not showering before getting into the water.

The off-putting nitty-gritty statistic is that the average person has 0.14 grams of poop on their "perianal surface" -- the technical word for a person's nether regions -- that can rinse into a pool if a person doesn't shower first, according to the CDC report.

"Chlorine and other disinfectants dont kill germs instantly," said Michele Hlavsa, chief of CDCs Healthy Swimming Program.

One solution might be upping the amount of chemicals in the pool. However, that could come with its own risks since swimming pool chemicals injure thousands yearly.

Homeowners associations and landlords could get a lot of hot water over swimming pool injuries. For the benefit of everyone, they should protect swimmers by closing the pool when a major "accident" happens.

Do things differently this summer: Before the you-know-what hits the fan -- or pool, for that matter -- take precautions. Don't swallow the water you swim in, and avoid swimming when you have diarrhea. Above all, always make sure to shower before taking a dip. For little poopers, the CDC recommends parents take them for a potty break once every hour.

Related Resources:

The Truth About the Fecal Matter the CDC Found in Atlanta's Public Pools (The Atlantic)
Summer Weekends No. 1 for Drowning Accidents (FindLaw's Injured)
Swimming Pool Liability: Pool Safety is Key (FindLaw's Injured)
Pool Safety and Healthy Swimming Tips (FindLaw's Injured)