Timothy J. Casey Attorney at Law
Representing Clients In Phoenix And Communities Throughout Arizona

April 2017 Archives

Tesla announces Model X and Model S recalls

Arizona residents who own a Tesla Model X SUV crossover or Model S sedan may soon be receiving recall notices. The California-based electric car maker has announced that it is voluntarily recalling 53,000 vehicles because of a problem with their parking brakes. Tesla claims that the announcement was prompted by caution rather safety concerns and that the problem will likely be found in less than 5 percent of the vehicles recalled.

Infant products account for close to one-third of product recalls

Arizona parents face daily challenges keeping their children safe, and the results of a report from the organization Kids In Danger justifies the need to remain vigilant. According to the report for 2016, 67 million units of 76 different children's products required recalls for defects. Almost one-third of these products were for use in baby nurseries.

What happens when you lose your retirement fund?

When you invest money in a retirement plan, many times you do so through a private investing firm. Sometimes these are owned by big banks. Sometimes they're independent and owned by private individuals. In some cases, your employer may be the one choosing the investment company and even the individual investments for these funds. If your employer is investing your retirement funds or pension on your behalf, they owe you what is called a fiduciary duty to make wise investments and act in your best interest. Fiduciary essentially means someone trusted to work in your best interests.

Salad from Walmart recalled over dead bat in package

Can you imagine going to open a box of fresh greens or lettuce and finding a dead bat? Two consumers in Florida ate salad where they later found a decomposed bat. Neither has reported health issues so far, but the rotting body of an animal known to cause disease is definitely a health concern. The Center for Disease Control couldn't rule out the possibility of rabies. The CDC recommended that those two people undergo the painful and expensive treatment protocol for rabies to be safe. Walmart, who had sold the box of lettuce in question, has recalled the lettuce and is offering refunds.

Assuming risk in premises liability cases

People who are injured on the premises of an Arizona business should be aware that the owner is not always found liable in these types of cases. For example, at a concert in a New York club, a patron was injured while standing near the mosh pit where people were engaging in a type of dancing that is physical and sometimes violent. The patron argued that the venue was liable because he was not moshing at the time. However, he also admitted to having been in the mosh pit more than two dozen times at other concerts. Based on this, the court ruled that he knew the risks.

Defensive driving and distracted driving in Arizona

Due to the recent increase in traffic fatalities, many safety organizations are adding instructions for dealing with distracted motorists. Distracted drivers may be focusing on their cell phone, changing the radio station or doing any of a number of things other than paying attention to the road. In response to this increased threat, some experts say drivers should practice defensive driving.

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