Georgia Legal Report

An 8-year-old Savannah boy was seriously burned Easter morning when toy snap-caps exploded in his pocket. His mother, Mary Landers, is now speaking out on Savannah Morning News so other parents may avoid this dangerous product, often marketed to children.

Mrs. Landers believed she had taken all necessary precautions when she allowed her 8-year-old son, Ty, to use snap caps. "I was focused on my son not pointing the cap gun at anyone, not using it indoors and the like. I had no idea the caps could ignite in his pocket."

"When I was a kid, caps came in a paper roll. My brothers and I would buy them occasionally for the joy of smashing them with a hammer and hearing them pop. The wilder neighborhood kids would smash a whole roll at once. The caps Ty had, since they were encased in plastic, seemed safer. Obviously, they're not."

On Easter morning Ty placed the plastic rings containing small, pea-sized snap caps in his pocket and moved from the couch to the floor. The simple movement caused one cap to burst. The other rings immediately ignited, melting the plastic and burning a hole through his pants. In just 20 seconds Ty had suffered 2nd and 3rd degree burns.

Mrs. Landers now wants other parents to learn from her son's horrible ordeal. She is also asking snap cap manufacturers to make the dangers of carrying snap caps more clear on labels.

According to Mrs. Landers, the warnings on the snap cap package read as follows:

1. Treat every gun with the respect due to a loaded gun.
2. Unload guns when not in use.
3. Never point or shoot your gun at anyone, loaded or unloaded.
4. Store guns and ammunition separately.
5. Hold gun at arms length when firing.

"Caution, not recommended for children under 8 years old."

Underneath all of these warnings, "Do not put caps in pockets," finally appears in a small font hidden by the plastic cap frame.

Mrs. Landers is worried for other children and parents who may miss this same warning. "I'm not sure, even if I had noticed that last warning, which I didn't before Ty got burned, that I would've made the jump to the fact they they could ignite and cause serious burns in his pocket."

Attorneys at The Murray Law Firm agree with Mrs. Landers and are questioning what the snap cap manufacturer is doing to improve product warnings for parents and the young children they market to.

• Unfortunately, this incident is not isolated. Numerous children have suffered serious burns and injuries from simply handling snap caps. What safety measures did the manufacturer of these snap caps take to improve product safety and warning labels after the previous injuries occurred?

• Are the warning labels on all of this manufacturer's snap cap packages obscured or did the Landers family receive a defective product? If the product was defective, what efforts are being made by the manufacturer to recall the mislabeled snap caps?

Should the manufacturer of these snap caps be found liable in the serious injuries of Ty Landers, his parents may elect to hold the company civilly liable. Such a substantial claim would call on all snap cap manufacturers to improve product safety and labeling. As a products liability claim is dependent on the facts surrounding the incident, it is imperative that an experienced attorney be retained without delay so as to ensure that all evidence connected to the accident is preserved. The Murray Law Firm has extensive experience in product liability cases, such as this, and we offer our legal expertise, if needed.

Anyone seeking further information on this incident is encouraged to contact us at 888-842-1616 or locally at 912-385-9690.

The U.S. Food and Drug administration has announced Nestle's voluntary recall of certain Nestle NESQUICK chocolate powder canisters.

FDA Full Report:

Nestlé USA announced the voluntary recall of limited quantities of Nestlé NESQUIK® Chocolate Powder in the 10.9, 21.8 and 40.7 ounce canisters. The voluntary recall is limited to only NESQUIK Chocolate Powder, which was distributed nationally. No other varieties of NESQUIK powder or any sizes or flavors of NESQUIK ready-to-drink are affected by this recall.

To ensure the safety of consumers, Nestlé is recalling selected NESQUIK Chocolate Powder. The recall is limited to the following sizes, UPC and production codes of NESQUIK Chocolate Powder:

The affected NESQUIK Chocolate Powder was produced during early October, 2012. To locate the production code, consumers should look on the bottom of the canister, adjacent to the consumer expiration date. All affected products have an expiration date of BEST BEFORE Oct 2014.

Nestlé is dedicated to the health and safety of its consumers. For these reasons, the company initiated this voluntary recall. We apologize to our consumers and sincerely regret any inconvenience created by this incident.

We are closely following a tragic work accident at the Pilgrim's Pride chicken facility in Canton, Georgia on October 29, 2012 that has claimed the life of Christopher Chin, 37. According to reports from the Cherokee County Sheriff's Office, Mr. Chin was killed while dislodging material in one of the factory's machines. Lieutenant Jay Baker stated that "OSHA's investigations will attempt to determine what went wrong" and that it is his understanding that "a box or some type of debris got lodged into one of the machines, and [Mr. Chin] was trying to remove it when he was killed." A Pilgrim's Pride spokesperson has stated that the company is "saddened" at the loss, but the company has not claimed legal responsibility nor has it indicated that a third party may be at fault.

Under Georgia Workers' Compensation law, our legal team suggests that the family of the Mr. Chin will most likely be entitled to significant compensation as a result of this accident. They family of Mr. Chin will be eligible for benefits under Georgia's workers compensation laws, but they may also hold a third party civil claim against the manufacturer of the machine that Mr. Chin was manipulating at the time of his death. Because this potential products liability claim is dependent on the facts surrounding the incident, it is imperative that an experienced attorney be retained without delay so as to ensure that all evidence connected to the accident is preserved.

The Georgia Legal Report and the Murray Law Firm will continue to investigate this incident. Anyone with information, or anyone who may need legal assistance, is encouraged to contact the Murray Law Firm toll free at 888.842.1616.

The Murray Law Firm would like to alert our Clients and all parents of a significant child-safety seat recall by the The National Highway Traffic Safety Administration. The following is a New York Times artcile detailing the recall:

The National Highway Traffic Safety Administration has announced a recall of almost 800,000 child seats because the harness may not effectively protect the child. The child seats were made by the Dorel Juvenile Group and were sold under the brand names Safety 1st, Maxi-Cosi, Cosco and Eddie Bauer. Last year the NHTSA received reports that the restraining straps on the seats had loosened during travel. Christopher Jensen, The New York Times 02/14/2011
Almost 800,000 child seats are being recalled because their harnesses may not hold the child securely, the National Highway Traffic Safety Administration said Monday.

Dorel said it had received 143 complaints of the front harness loosening and was conducting the recall even though it feels there was no safety defect. Instead, it told the agency the restraints "exhibited performance issues."

As an Atlanta, Georgia based car accident and workers compensation law firm , we receive hundreds upon hundreds of telephone calls per year from potential Clients who simply ask "how much is my motor vehicle injury or work injury case worth?" In order to better assist our callers, we have created a Free 60 Second Case Evaluation. The process is simple: fill out our quick fill form (click this link) which takes less that 60 seconds to complete, and we'll get back to you within 10 minutes with a preliminary value for your case.

Although we have only recently started offering our Free 60 Second Personal Injury and Workers Compensation Case Evaluations, it has quickly become so popular and useful to potential Clients that we are now on call 24 hours per day. A Georgia personal injury, wrongful death, or workers compensation lawyer will respond quickly with a tentative case value and answer any all questions without cost. For those who wish to speak with our Georgia personal injury and workers compensation law firm immediately, please call 888.842.1616.

Although our firm is based in Atlanta, we have recovered millions of dollars for our Clients throughout Georgia. We handle cases from Dalton to Savannah and Augusta to Columbus. For those potential Clients outside of Georgia, we also offer nationwide attorney referrals for personal injury and workers compensation cases.

As an Atlanta work injury law firm, we were saddened to learn of the death of a Douglas County construction worker this afternoon. According to reports that have been passed on to us, the RA-LIN employee was operating a skid steer machine at a construction site in the vicinity of North Douglas Elementary School when the incident occurred. Per witnesses on the scene, the worker exited the skid steer to remove some debris from the front shovel arm when the arm suddenly collapsed causing massive trauma to the worker's head and upper body. The Douglas County sheriff's office and federal OSHA officials are investigating.

The family of the deceased worker will almost certainly be entitled to millions of dollars in compensation as a consequence of this incident. The family will, of course, automatically be entitled financial benefits under Georgia's workers compensation laws. It is important that the family retain a knowledgeable lawyer to assist them in securing these benefits, however, as the workers compensation is complicated. In addition to compensation available under the workers compensation code, the family may have additional claims against the manufacturer of the skid steer. These machines are designed to be ultra-safe, and the collapse of the shovel arm would appear to indicate that there was some form of malfunction. It is important that the family immediately retain a lawyer to assist them with this claim, as pictures and an inspection of the machine will need to be obtained before the machine is repaired. If photographs and an inspection are not obtained before the machine is fixed, the value of the case may decrease significantly.

Our law firm has represented many families in workers compensation cases, and we have, unfortunately, all too often seen the value of these claims compromised as a consequence of a failure to quickly secure the assistance of an attorney. Insurance companies are concerned with limiting their financial exposure, and without a lawyer protecting the interests of these families, insurance companies work quickly to eliminate evidence detrimental to their interests. We hope that familiy's interests in this tragedy will be adequately protected.