FindLaw's Common Law

Chinese Jerky Treats Sickened 1,000 Dogs, Some Pets Died

2012-05-25T05:57:00-07:00

The Food and Drug Administration has received almost 1,000 complaints from pet owners claiming Chinese jerky treats made their dogs sick.

Owners and vets reported the treats caused vomiting and diarrhea in pets. In some cases, death and kidney failure occurred, Time.com reports. Eventually the FDA issued warnings about the products, which are sold variously as chicken jerky strips, nuggets, and treats.

So what are your options if your dog has fallen ill to one of these products?

Pursuing legal action could prove tricky. That's because other than the consumer complaints, there hasn't been much evidence to back up the allegations.

FDA scientists have conducted repeated tests, but haven't found any toxins that could be responsible for the doggy illnesses. And for now, reports from a review of the Chinese manufacturing plants aren't available yet.

Typically, when a product is defective, everyone in the "chain of distribution" can be sued in a products liability lawsuit. This means all manufacturers, distributers, and retailers of the good can be held legally responsible.

However, aside from the proof issues, this case also poses a couple more problems. The first is that some of the potential defendants are from China. So joining them in a lawsuit creates some tricky jurisdictional problems.

The second is that the parties actually harmed from the treats are dogs, not people. However, this issue can be potentially overcome if the owners claim property damage (in the form of their injured pooches).

Some of the brands of chicken jerky treats named in the complaints include Waggin' Train and Canyon Creek Ranch, MSNBC reports. But again, the FDA hasn't detected any toxins that could've made the dogs sick.

Related Resources:

1,000 Dogs Sickened By Jerky Pet Treats Made in China (USA Today)
Product Liability Guide (FindLaw)
Dog Died From Waggin' Train Dog Treats: Suit (FindLaw's Injured)
Man Got His Small Dog Drunk on Vodka, Cops Say (FindLaw's Legally Weird)

Remodeling? Don't Get Hammered by Unlicensed Contractors

2012-05-24T05:58:00-07:00

As summer approaches, homeowners may be getting ready for some long-awaited remodeling projects. So how can you make sure your contractors are licensed and legal?

Some consumers opt for unlicensed contractors, thinking they're cheaper and will do just as good a job. But is it worth a few bucks?

If something goes wrong with unlicensed help, there may be no recourse for a homeowner who's already paid for remodeling work, Portland's KGW-TV reports. "Unfortunately people reach out to Craigslist, they find [unlicensed contractors], and they get taken," an Oregon state investigator said.

There are ways to protect yourself from shoddy contractors, however. Here are some tips:

Do Your Research.

Contractors who advertise or bid on a remodeling project must generally include their license number. You may also want to research different types of contractors, depending on the scope of your project. And you'll want to know what potential scams are out there as well.

Get Referrals from People You Trust.

Friends and relatives who've had success with contractors can point you toward qualified and reliable workers.

Ask for References.

If your contractor wasn't recommended by someone you know, consider asking for three or four references: previous clients who can vouch for the contractor's work. You may also want to inspect some of your contractor's work in person.

Know the Law.

Federal laws and regulations are meant to protect consumers and keep contractors honest. Because these laws are complicated and are subject to change, it may be wise to consult a local construction attorney if you have questions, and especially if you're a victim of an unlicensed contractor.

Related Resources:

FindLaw Release: Tips for Your Remodeling or Landscaping Projects (The Official FindLaw Blog)
Browse Construction Lawyers by Location (FindLaw)
Akon Sued by His Own Lawyers, Contractor Over Unpaid Bills (FindLaw's Celebrity Justice)
NJ Construction Worker Falls Into Tank of Acid (FindLaw's Injured)

How to Tell if Your Identity Has Been Stolen

2012-05-23T05:05:00-07:00

Identity theft. Everyone worries about it these days, especially as the number of large data breaches increase.

Some people now turn to identity theft protection companies to monitor their financial information. But this isn't necessary -- you can implement an identity theft protection plan by yourself. But to that, you first need to know how to spot identity theft.

Here are some of the tell-tale signs:

1. You get bills for credit cards you didn't open. Or for purchases you didn't make. If you receive letters about these strange cards and purchases, or even phone calls from debt collectors, there's a good chance you have had your identity stolen. It only takes a social security number to open a card.

2. You notice strange charges. Sometimes these credit or debit card purchases are simple mix-ups. Other times, they're evidence of fraud. Monitor your monthly statements and consider setting up alerts for purchases over a set amount.

3. You don't get your mail. If you're missing a bill, the Federal Trade Commission urges you to call your creditor. A thief could have changed the address or stolen the letter. The same goes for other mail, such as medical documents, that could list your social security number.

4. Suddenly bad credit. If you're denied great interest rates or a loan, pull up your credit report. If there's any inaccurate information, it may be time to add a fraud alert and start closing accounts.

Identifying fraud early is the first step in any good identity theft protection plan. So stay vigilant and make the monitoring of your financial data routine.

Related Resources:

Detecting Identity Theft: The Quicker, The Better (Better Business Bureau)
Business Data Breach & Customer ID Theft (FindLaw)
Laptop Stolen: How to Protect Your Identity After Theft (FindLaw's Common Law)

Bagged Salad Recall: River Ranch Expands Recall Over Listeria Fears

2012-05-22T13:57:00-07:00

A bagged salad recall has expanded nationwide after a sample tested positive for Listeria contamination, the Associated Press reports.

River Ranch Fresh Foods of Salinas, Calif., initially recalled bagged salads shipped to stores in California and Colorado. But the recall has expanded to cover the entire nation, River Ranch announced Monday.

The bagged salads in question are stamped with "best by" dates of between May 12 and May 29. They were packaged and sold under the brand names River Ranch, Farm Stand, Hy-Vee, Marketside, Shurfresh, The Farmer's Market, Cross Valley, Fresh &; Easy, Promark, and Sysco, the AP reports.

The Listeria contamination that led to the River Ranch recall was revealed during a random FDA inspection. No illnesses have been reported.

Most healthy adults can consume Listeria-contaminated salad without getting sick. But people at increased risk of infection, and especially pregnant women, can become seriously ill.

Symptoms of Listeria infection include fever, muscle aches, and perhaps gastrointestinal problems. If the infection spreads to the nervous system, it can cause headaches, a stiff neck, loss of balance, or convulsions.

If you suspect you're a victim of Listeria infection, you may want to seek medical attention and retain the food or foods you believe may have caused your infection. For serious cases of foodborne illness, an experienced personal injury attorney can help you get compensation for medical expenses and lost wages linked to Listeria contamination.

Consumers who bought any recalled bagged salad can return it to the store for a refund. River Ranch also has a 24-hour customer service hotline: (888) 624-2569.

Related Resources:

Listeria-Contaminated Bagged Salad: Multiple Brands Recalled (WebMD)
Egg Recall: Listeria May Be on Hard-Boiled Eggs in 34 States (FindLaw's Common Law)
Listeria in Cantaloupe Kills 8th Victim (FindLaw's Injured)
Food Poisoning: What Are Your Rights? (FindLaw's Injured)

You Need to Watch Out for Automatic Contract Renewals

2012-05-22T05:54:00-07:00

We get a lot of questions about automatic contract renewals over on the FindLaw Answers Consumer Issues board. Are they legal? Can they be enforced? Is there any way to get out of them?

Unfortunately, the answers to these questions aren't particularly favorable. Ordinarily, an individual must affirmatively signal his desire to enter into a contract. But when there is a history of prior dealing, silence may be sufficient to prove assent. Such is the case with automatic contract renewal clauses.

When you sign a contract that includes an automatic renewal clause, you are preemptively agreeing to extend the contract at a later date. If you don't actively cancel the renewal, your silence is to be considered an affirmation of this agreement. This is why you should always read contracts and make note of any automatic renewal clauses. It's also a good idea to write a note on your personal calendar reminding you to send in a cancellation.

If you failed to do this, you aren't necessarily without recourse. There may still be a way to get out of an automatic contract renewal.

A number of states have consumer protection laws that deal specifically with automatic renewal clauses. Illinois law, for example, demands consumers be given at least 30 days notice before the cancellation deadline if the original contract was for 12 months or more. California law, in contrast, only requires companies to make consumers adequately aware of the contract term at the time of signing.

If the company you are dealing with failed to strictly adhere to your state's laws, you may be able to void an automatic contract renewal. So do a little research and see if your opponent violated the law.

Related Resources:

Contract Law (FindLaw)
Reviewing a Lease Checklist (FindLaw)
Will Your Contract Be Enforced Under the Law? (FindLaw)

2010 Jeep Wrangler Recall Over Risk of Catching Fire

2012-05-21T14:52:00-07:00

Chrysler has announced it will be recalling almost 68,000 Jeep Wranglers due to a potential fire risk.

The recall affects 2010 models equipped with automatic transmissions, according to a report filed with the National Highway Traffic Safety Administration. The recall came after the NHTSA investigated the vehicles in March following eight consumer complaints about fires, The New York Times reports.

While most of the Jeeps were sold in America, the recall also touches the international market.

Wranglers sold in Canada and other parts the world were also included in the announcement. In total, Chrysler will be recalling nearly 87,000 vehicles.

The fire risk is due to a lack of "clearance between the exhaust catalyst and the automatic transmission skid place," the automaker said. Debris can collect in this area, creating the potential for fire.

So far no injuries have been reported, according to Chrysler. However, the company has received 14 complaints of fires connected to the debris issue.

Chrysler has described the recall as voluntary. However, under federal regulations, once a safety defect is detected, manufacturers must report it to the NHTSA within five days.

Safety defects are any problems found in a group of vehicles that pose a driving safety risk. It's pretty broad and can include everything from fire risks to cracked wheels and broken windshield wipers. Typically, manufacturers are required to repair or replace the vehicle or defective part. In some cases, a refund may also be issued.

Fortunately, manual transmission Jeep Wrangler owners don't appear to be affected by the recall so far. However, Wrangler drivers who don't drive stick may want to call Chrysler (1-800-853-1403) to see if their vehicle poses a fire risk.

Related Resources:

Chrysler Recalls Jeep Wranglers that Could Catch Fire (The Wall Street Journal)
Your Car Recall Rights: Defects, Repairs, and Lawsuits (FindLaw)
Acura Recalls 56,000 TL Sedans Over Fire Risk (FindLaw's Common Law)

Second Flesh-Eating Bacteria Victim is New SC Mom

2012-05-21T05:55:00-07:00

A South Carolina woman has been diagnosed with a case of necrotizing fasciitis -- just weeks after Georgia college student Aimee Copeland began her battle with the flesh-eating bacteria.

Lana Kuykendall is currently hospitalized in Greenville and appears to be in relatively stable condition. The 36-year-old contracted the bacteria just days after giving birth to twins. Her delivery was relatively normal, according to CBS News.

However, the day after, she felt pain in her leg and was unable to move. Tests revealed nothing was wrong, reports The Greenville News. But then she noticed a growing bruise on her calf and was rushed back to the hospital. Doctors luckily suspected the cause and immediately took her into surgery.

It's unclear how Lana Kuykendall contracted the flesh-eating bacteria, but it's not as uncommon as we'd like to think. There are about 750 cases a year, according to The Greenville News, and many of them are caused by the A Strep bacteria, which is the same bacteria that causes strep throat.

The bacteria enters the system through a cut in the skin, such as after surgery. Some women have also contracted it through natural childbirth.

There's no indication at this point that hospital staff was negligent or had some part in Kuykendall's condition. They very well may have taken all proper precautions to ensure that she was healthy post-delivery. Given that hospitals house sick people, it's impossible to make them free from bacteria.

Nonetheless, you can bet medical personnel will try and figure out how Lana Kuykendall contracted the flesh-eating bacteria. It's important information that can help doctors prevent this from happening again.

Related Resources:

How common is flesh-eating bacteria? (Associated Press)
Medical Malpractice (FindLaw)
Zip Line Accident Leads to Woman's Flesh-Eating Disease (FindLaw's Common Law)

Acura Recalls 56,000 TL Sedans Over Fire Risk

2012-05-17T13:25:00-07:00

Acura is recalling 56,881 of its 2007 and 2008 TL sedans in North America. The Honda brand is citing a faulty power steering hose as the reason.

The recall will affect 52,615 U.S. TL owners. The remaining 4,266 cars are in Canada, MSNBC reports. Acura states the defective hose could deteriorate and leak over time. This could result in cars losing power steering assistance and even smoke and fire.

While no accidents, injuries, or fires have been reported so far, the problematic hose could still be a potential product liability lawsuit.

Whenever a defective or improperly designed product is released to the public, manufacturers can be held liable for any damages that result. In addition, all distributors and retailers can also be sued, as well.

In the case of recalled vehicles, typically the law requires the car's maker to correct the defect in one of three ways. The manufacturer must repair the damaged part, replace it or the whole car, or issue a refund. As you can probably imagine, most automobile companies aren't too keen on the last option.

In addition, manufacturers are also required to issue a public notice of the recall and mail notices to affected owners. Acura is doing just that. They've also set up a website (http://www.recalls.acura.com/) where TL owners can check to see if their car is affected. Owners can also call the company directly at 800-382-2238.

But what happens if you've already gotten your vehicle repaired? Don't worry. Typically, manufacturers are required to refund your fees. However, don't wait too long to put in your request. Generally, the cut off for refunds is 10 to 30 after final notices are issued.

So if you're an Acura TL owner, be sure to find out if your car was included in the recall.

Related Resources:

Acura TL Recall Website (Acura)
52,000 Acuras Recalled for Steering Loss, Fire Risk (USA Today)
Vehicle Recalls and Defects Guide (FindLaw)
Can I Sue After a Recall? (FindLaw's Injured)

For Teen Drivers, More Passengers Mean Higher Risk of Accidents

2012-05-17T05:55:00-07:00

Teenagers are the most dangerous drivers on the road, with a crash rate almost four times that of older drivers. Males are particularly susceptible, and the rate is especially high during the first year of driving.

We also know technology can greatly affect a teen driver's accident risk. But so does the number of teen passengers. A new study by the American Automobile Association Foundation for Traffic Safety pinpoints just how much.

Teen car accidents increase by 44 percent when a 16- or 17-year-old driver has one passenger younger than 21, according to the study. The risk doubles with two young passengers. It quadruples with three or more young passengers.

The correlation between teen car accidents and teen passengers has been known for quite some time. Almost every state places passenger restrictions on teens for six months after they obtain a driver's license. Some even require adults to be in the car.

In light of these numbers, AAA suggests that parents talk with their kids about these restrictions and ban their teens from carrying a young passenger without adult supervision, reports the Washington Post. Adding adult supervision can save lives.

Carrying one passenger over the age of 35 decreases a teen driver's accident risk by 46 percent. It decreases their death risk by 62 percent.

It's also suggested that parents think twice before allowing their teen to be toted around by another teen driver. Your child doesn't need to be driving to be hurt in a teen car accident. Passengers are killed every day.

Related Resources:

Teen Drivers (NHTSA)
Can Apps Stop Your Teen from Texting While Driving? (FindLaw's Common Law)
Vehicle Monitoring Devices for Teen Drivers Eyed After Safety Study (FindLaw's Injured)

Textaholics can Now Text 911 with Their Emergency

2012-05-16T05:55:00-07:00

Some cell phone users will soon be able to send text messages to 911, in a service that will be the first of its kind in the United States.

Verizon Wireless announced it's set to launch a text-to-911 service in select areas of the country later this year, Phoenix's KPHO-TV reports. "It's a new way for people to communicate in times of need," a Verizon spokesman said.

It may be new in America, but the UK already has such a system, called EmergencySMS. Registered cell phone users can send texts to a call center, which relays the message to the appropriate agency, the website VentureBeat reports.

Verizon's text-to-911 service will be similar, allowing customers to send text messages to a nearby emergency dispatch call center, PC Magazine reports.

The new service partly answers the Federal Communications Commission's call for "Next Generation 911," a push to upgrade and bring 911 services into the digital age. The FCC's "Next Generation" vision goes beyond text-to-911 and foresees the use of mobile videos and photos to provide even more information to first responders before they arrive at the scene, according to PC Magazine.

Technical details are still being worked out, but Verizon is touting the benefits of text-to-911 for hearing-impaired customers, and even younger cell phone users who prefer texting over voice calls.

Texting is also generally much quicker than making a voice call to 911. The average length of a 911 call is 70 seconds, the Verizon spokesman told KPHO.

A text-to-911 service could also help in situations where making a phone call could be dangerous -- for example, the Connecticut woman who was recently rescued from a kidnapper after she texted her location to her boyfriend, who then called police. If 911 texting had been in place, the woman could've sent texts directly to law enforcement.

Related Resources:

Verizon moves toward 911 texting (The Hill)
Kidnapped woman's texts lead to man's arrest (The Associated Press)
Too Many 911 Calls Can Get You Arrested (FindLaw's Blotter)
Broken iPhone Prompts Man to Call 911 Five Times (FindLaw's Legally Weird)