Lipsig, Shapey, Manus & Moverman

Monday, April 24, 2017

Leggings Becoming A Product Liability

Though leggings are something that women have worn for years, there is now controversy surrounding them. This is in light of at least one recent lawsuit against clothing brand LuLaRoe. You may now be worrying that any leggings you own may cause you problems.

One unidentified customer in Oregon reported that three or more pairs of leggings she purchased from Lula Roe had developed holes in the back of them. As a result, a class action lawsuit was brought against LulaRoe in an attempt to get the company to stop selling their leggings in the state.

Defective Leggings Lawsuit Details


The plaintiff in the case stated that she had purchased several leggings at $25 each. Every pair she purchased allegedly wore out very quickly. According to the plaintiff's attorney she requested that the company refund her money for the defective leggings and the refund was denied because she had worn them. Details of the lawsuit include other complaints from customers that had the same experience.

Many unhappy consumers have joined the LuLaRoe "Defective/Ripped/Torn Leggings and Clothes" claims on a Facebook group that over 25,000 people joined. It has been reported that the company refuses to respond to their unhappy and dissatisfied customers. According to those unhappy customers the company is well aware that they are known for using weak fabric that can easily be ripped and that the weakest part of their leggings is the part that covers one's rear end. There have been many reports that LuLaRoe leggings often suddenly form holes when consumers are wearing them out in public.

The company's response to the woman who brought this lawsuit was that the leggings are subjected to a brushing process that softens the fabric. Unfortunately, the same process that makes them softer also weakens them.

Ultimately the woman wants LuLaRoe to pay her court fees and wants a judge to bar the company from selling leggings in Oregon.

If you or a loved one have encountered a defective product and want to pursue a product liability lawsuit, contact us at:

Lipsig, Shapey, Manus & Moverman
24-20 Jackson Ave #208
Queens, NY 11101
929-239-4664

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Tuesday, March 28, 2017

Common Causes Of Burn Injuries On Construction Sites

Burns are among the most common and painful injuries experienced on a construction site. They can range from moderate to severe injuries and can cause unbearable symptoms such as nerve damage, chronic pain, permanent disfigurement, psychological trauma and even worse- death of the workers. Burn injuries might require costly surgeries, physiological therapies, and in extreme cases psychological treatments.

As a construction worker, you must know your rights and seek compensation through the help of an experienced attorney.

Circumstances Leading To Burn Injuries


Check out some of the incidents that might lead to burns on construction sites:

Fire and Explosions


This can occur when you are exposed to open flames such as a welding torch. The burns can also be due to explosions from defective fuel lines, fuel tanks, gas lines, or construction products.

Electrical Exposure


Electricity is the third leading cause of fatalities on construction sites. You can be exposed to overhead power lines, faulty (exposed and incomplete) wiring, or unmarked electric hazards. Furthermore, you might be working around high-powered machines or high-voltage equipment that poses electrical burn risks.

Scalding Liquids and Steam


You can sustain burn injuries if you are exposed to liquids at high temperatures or vaporized liquids (steam). Such injuries can result in pain, redness, and damage to deep layers of the skin.

Hot Solid Objects or Molten Material


According to OSHA, contact with hot objects is one of the major factors that put workers at greater risk of sustaining injuries. Also, at the construction site, you might be working with hazardous molten materials that can cause painful burn injuries.

Harmful Chemicals


Exposure to bases, acids, oxidizers, or solvents, all of which are found in most construction materials can result in injuries. While some chemicals cause instant burns, others react at a slower rate and can cause damage over a longer period.

Contact With Radiations


These are burns caused by exposure to alpha, beta, or gamma radiations. These burns (also known as radiological burns) can cause damage over an extended period. Acute and chronic exposure however requires emergency medical care.

Consulting An Attorney


An experienced and qualified personal injury lawyer is the professional you need to handle your burn injury claims. An attorney will guide you, advocate on your behalf, and offer expert advice on what you can get after a burn injury or death.

If you or a loved one suffered burned injuries on a construction site, contact us at:

Lipsig, Shapey, Manus & Moverman
24-20 Jackson Ave #208
Queens, NY 11101
929-239-4664

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Friday, March 24, 2017

Construction Accidents By The Numbers

It has been documented that each day two construction workers die because of work related injuries in the United States. To be specific, one in five workplace fatalities is construction related. The most commonly reported causes of these construction related fatalities are falls, electrocution, struck-by an object and caught between objects accidents. Below are the statistics of these construction related accidents.

Accident Statistics

Falls 

Falls account for 36.9 per cent of construction related accidents. What leads to these falls are wall openings, unprotected sides, floor holes and ladders that are not used correctly among other things.

Struck-By-Object

Struck-by-objects account for 10.3 per cent of construction accidents. The name says it all and struck-by-object accidents ted to be caused by vehicles or falling or flying objects on the site.

Electrocutions 

Common factors of electrocutions on construction sites are contact with power lines as well as a lack of ground fault. Electrocutions account for 8.9 per cent of accidents on site.

Caught Between Objects

Caught between objects accidents reportedly add up to 2.6 per cent. Some of the causes for these accidents are a lack of protective systems and a failure to inspect trench and protective systems.

Other Construction Accident Risk Factors

Other injuries that are likely to occur following one or some of the accidents listed above include:
  • back or neck injuries
  • amputated limbs
  • blindness
  • deafness
  • serious scarring
  • death
An employee needs to be well versed in knowing whether or not to sue an employer or file a workers' compensation claim instead. It does stand to reason that sometimes the owner of the premises, the general contractor or other contractors can be held liable in circumstances where employees have been injured on the job.

If you or a loved one was injured on a construction site, contact us at:

Lipsig, Shapey, Manus & Moverman
24-20 Jackson Ave #208
Queens, NY 11101
929-239-4664

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When Can You Sue For A Workplace Injury?

The general rule when it comes to injuries in the workplace is that only workers' compensation insurance is what you need to pursue. However, this is not entirely true. Workers' compensation can provide some financial relief, that financial relief is usually quite low and issues like pain and suffering are not well compensated for. This is why a personal injury lawsuit is a better option in order to receive punitive damages. Here are some of the situations where you can pursue a personal injury lawsuit for injuries caused on the job.

 Defective Product Injuries

Defective product injuries are classified as injuries that happen because a machine or some equipment is defective, failed to work properly or is inherently dangerous. The manufacturers of the machine or equipment can be held liable in such circumstances if they knew that their equipment was faulty. If the manufacturers did not warn of any possible dangers, they would have to compensate an injured worker for things such as lost wages, medical bills and pain and suffering. An injury due to a defective product calls for you to speak to a qualified attorney about your rights and the right action to take.

Injured By A Toxic Substance

Substances such as asbestos, benzene, chromium compounds, silica, and radium can cause a toxic reaction in workers that makes them sick or cause serious injuries and illnesses. If such injuries or illnesses related to toxic substances can be subject of a lawsuit.

There are two types of injuries that can happen due to toxic exposure and they are acute injuries and latent injuries. Acute injuries are the ones you see immediately and latent injuries can take years to appear and can be in the form of cancers and lung diseases. Acute injuries can include chemical burns and poisonings. When a worker is exposed to toxic substances a lawsuit can be rightfully pursued.

If you have been injured by a defective product or made sick by toxic substances, you can sue your employer with the correct legal guidance.

Lipsig, Shapey, Manus & Moverman
24-20 Jackson Ave #208
Queens, NY 11101
929-239-4664

Check us out on social media:
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Dangerous Construction Equipment

Power tools and construction go hand in hand and they can always be very dangerous on sites. Although power tools are going to be on site, sometimes workers are not fully equipped to use these tools and they can create dangerous situations and injuries for them and other workers around.


Top 3 Dangerous Construction Tools

 

Chainsaw 


Chainsaw are as deadly as they appear to be in horror movies and even more probably. Chainsaws are among one of the most common causes of serious injuries on construction sites. They can lead to severed limbs among other injuries. What makes chainsaws dangerous is their size and weight and the cutting saw operating at high speed. All these factors make this power tool very dangerous.

Nail Gun


Yes, just like the name sounds, it works like a gun and fires out nails with incredible force that penetrates inches into hard wood. A lot of injuries on construction sites are also attributed to nail guns and sometimes those injuries happen because the safety mechanism on them can become defective. It is very important that a nail gun is never pointed at anyone on site and extra caution is taken while using one.

Ladders


Although ladders are not power tools they still need to be recognized for the potential harm they can cause.Whether old, broken, or weak, ladders can give way at any time. A ladder that falls apart can result in major injuries due to a fall. If a ladder is not placed correctly it can easily slip and give way under the person on it. Another dangerous issue surrounding ladders is the type of ladder it is. Metal ladders can be a problem if used while conducting electrical work as it means that any shock received while working will be carried through the metal after passing through the body. Caution does need to be taken when using a ladder.

If you have been injured while using a power tool, contact us at:

Lipsig, Shapey, Manus & Moverman
24-20 Jackson Ave #208
Queens, NY 11101
929-239-4664

Check us out on social media:
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Friday, February 3, 2017

Thursday, February 2, 2017

Understanding Product Liability

Although manufacturers generally try to produce safe products, sometimes things can go wrong, and you could be injured by a defective product. Product Liability is a specific set of laws, separate from general injury laws, that cover these specific incidents. A more detailed explanation of product liability visit LipsigQueens.com.

Causes

Typically product defects fall into one of three categories:
  • Design defect - a defect inherent in the very design of the product, meaning the defect could manifest in any copy of the product.
  • Manufacturing defect - a defect resulting from when the product was built, leading to potential issues.
  • Marketing defect - a defect resulting from inadequate or inaccurate instructions and/or safety warnings, creating the possibility of improper use and thus injury.

Who's Responsible?

There are actually several possibilities as to who the responsible party could be, because of the laws of strict liability. This means not only could the manufacturer be held responsible for making a defective product, but the retailer could also be responsible for selling the product. Typically though, the manufacturer will likely be the main defendant.

Res Ipsa Loquitor

This Latin phrase, which means "the thing speaks for itself" is also a legal practice used in the case of negligence, which forces the defendant to prove they were NOT negligent in the manufacturing of the product, making it much easier for the plaintiff to win the case. Usually this is the option to look into in the case of a design defect.

What To Do?

It's probably no surprise that, should you be injured by a defective product, the first thing you or your family should do once you're able, is speak to a lawyer about your options. Product liability laws actually vary from state to state (there's no federal law for it), so consulting an expert is the best thing to do as soon as possible.

If you or a loved one has suffered a defective product injury in Queens New York you can contact the following lawyer:
Lipsig, Shapey, Manus & Moverman
24-20 Jackson Ave #208
Queens, NY 11101
929-239-4664