Arkansas Injury Lawyer Blog

Baby Product Recall

November 22, 2013 | Paul Pfeifer

If you have an Angelcare Movement and Sound Monitors with Sensor Pad, and purchased it between October of 1999 and September of 2013, please stop using it until you have checked the model number which is located on the back of the handheld monitor. 600,000 of these monitors are being recalled due to infant deaths. Please check to make sure you do not have model numbers AC1100, AC201, AC300, AC401 and 49255. THESE MODEL NUMBERS HAVE BEEN RECALLED AND SHOULD NOT BE USED.

My wife and I are expecting our second child soon, and we used the Angelcare Movement and Sound Monitors with Sensor Pad with our first child, which we just learned is now being recalled due to a product defect which has led to infant deaths. It’s alarming to read that a piece of equipment that is marketed to keep your baby safe is now being recalled because it has caused harm, even death, to your baby.

Apparently the company is sending out repair kits to remedy the defect situation. A repair kit seems insignificant in my opinion. Because of the safety concern, I feel the company should be offering to replace the monitors. Product liability cases are not something to take lightly and the company should step up and make it right with their customers. They are offering a repair kit which includes rigid protective cord covers, a permanent warning label and revised instructions. When my wife called the recall number given, she received a message which stated their voice mailbox was full. I’m not sure my wife and I will be using this monitor with our second child.

Arkansas Car Accidents and Daylight Savings….Connection?

November 4, 2013 | Paul Pfeifer

A recent article I read indicates that more automobile accidents occur the week following daylight savings. I was surprised to read the effects the one-hour time change has on our bodies. In addition to an increase in motor vehicle accidents, the time change also increases our chances of injuries at work, an increase in heart attacks, developing cluster headaches, and apparently more time is spent surfing the internet this week. Attached is a link to the article I read if you would like to read more about the effects the time change has on our bodies. http://now.msn.com/daylight-saving-effects-include-more-accidents-headaches

Use extra precaution this week when you’re behind the wheel to avoid car accidents or at work. It’s always a hard adjustment to fall back because we have enjoyed those long days, but soon we will all be more adjusted to the change and driving home in the dark at 5:30 or 6:00 will be the norm again. If you need to speak with an Arkansas accident attorney, please contact the Pfeifer Law Firm. Take care and drive safely.

Arkansas Vehicle Crash Checklist

September 13, 2013 | Paul Pfeifer

Some things should be done before, during and after an auto accident. Before an auto accident, it is important for all of us to know what is covered under our auto insurance policy. We should know the insurance deductible, liability limits, towing, and rental car coverage. We also need to know whether medical payments and underinsured/uninsured motorist’s coverage is part of the insurance policy.

After an auto accident, it is important that the accident victim remains calm and only gets out of the vehicle if it is safe. It is important that the police or other law enforcement officials are called to the scene and exchange information with the other driver. This information should include their name, address, phone number, insurance company name and policy number. One important item to ascertain is witness names and addresses. Oftentimes, I meet with clients who know and spoke with witnesses at the scene but they are not included in the accident report. Unfortunately, the client did not get their names assuming that the accident report would include this information. It is almost impossible to figure out their names and addresses after the wreck if they are not part of the accident report. Therefore, it is very important to get this information at the time of the wreck.

Obviously, photos and/or video of the accident scene and damages to the vehicles are important.

Arkansas Boating Accident

May 23, 2013 | Paul Pfeifer

The University of Arkansas student who drove the boat in a boating crash that killed two fellow Arkansas students admitted consuming alcohol before the wreck occurred. An incident report indicates that the boat driver was arrested on suspicion of operating a motor vehicle under the influence of drugs and alcohol after the 22-foot-long boat he was driving ran into a houseboat at the marina.

Arkansas boating wrecks cause serious injury and death. It is important that a designated driver be available when alcohol is consumed. As more and more Arkansas residents head out to the lakes and river to enjoy our wonderful state, potential incidents involving boating accidents are more likely to occur. Arkansas boaters must use safe practices when operating on Arkansas lakes and rivers. A review of Arkansas boating laws should be done to ensure all are boating safely. This is a link to the Arkansas Game and Fish review of Arkansas boating laws. Please review and have a safe summer. If you have any questions concerning boating rules and safety, please contact an Arkansas boating lawyer.

Lawsuit Alleges Insurance Company Scam

April 17, 2013 | Paul Pfeifer

A federal court lawsuit alleges that an insurance company was perpetuating a scam using “phantom insurance” has been filed seeking class certification. Basically, the insurance customer alleges that the company increased the value put on the insurance policy for his home even though his home was not worth that amount. The raising of the limit of liability was designed to increase the insurance company profits.

Sometimes insurance companies practice deceptive practices that are designed to increase profits and do nothing for the good of policyholders. Insurance disputes should not be taken lightly by an individual. We strongly encourage Arkansas residents who have a problem with an insurance company to contact an attorney who fights insurance companies to make sure they are fully compensated for their loss. Insurance disputes involve fire loss, weather damage, theft, traffic accidents, disability claims, and business loss. If you or a family member has a dispute with an insurance company, please contact an Arkansas insurance dispute lawyer to make sure your rights are fully protected.

Fracking Truck Causes Accident in Arkansas

April 13, 2013 | Paul Pfeifer

My family and I, traveling north on Highway 5, just minutes before you get to El Paso, Arkansas, passed by an accident involving a small passenger vehicle and what appeared to be an 18-wheeler gas truck. There were police and ambulance personnel on the scene when we reached the scene of the accident. The small gold colored passenger vehicle was badly damaged. It was stopped in its lane of travel, the airbags on the front and side had deployed, the windshield was shattered, and there was damage to the front driver’s side and down the whole driver’s side of the vehicle. The gas truck was a few hundred feet from the vehicle it had hit.

I do not know what happened in this accident, but the reality is that these unfortunate types of accidents occur on our Arkansas roads far too often. When you are behind the wheel of a vehicle, especially a large vehicle, you need to be alert at all times of what is happening around you. Drivers of 18-wheeler trucks are asked to drive long hours, causing them to be more of a hazard behind the wheel due to fatigue. Fracking trucks are large and can cause major injuries when involved in wrecks. I pray the people involved in this accident are okay and wish them a complete and speedy recovery.

If you witness a dangerous truck driver, please contact your local police department or Arkansas State Police to report it. Accidents involving big trucks often lead to serious injury or death. We must all be vigilant if we see a truck that is driving dangerously or recklessly.

Arkansas Overtime Violations under FLSA

April 7, 2013 | Paul Pfeifer

Laura Symczyk worked as a registered nurse at a retirement home in 2007. She alleged in a lawsuit she filed that her employer, the operator of the nursing home, violated the Fair Labor Standards Act (FLSA) by deducting meal breaks from the workers’ pay regardless of whether or not they worked during the meal period. Her lawsuit sought back pay for herself and all similarly-situated workers at the nursing home.

However, before the employer formally petitioned for class certification, the defendant made an offer of judgment offering her the amount of her back pay, attorneys fees and costs. The offer of judgment was not responded to and the employer, Genesis Healthcare Corp., moved to dismiss the case, arguing that the court lacked subject matter jurisdiction. The district court agreed and dismissed the case. However, the Third Circuit Court of Appeals reversed finding that the offer of judgment did not address the potential class members.

This case is now on appeal to the United States Supreme Court. If the Supreme Court finds that this tactic allows the case to be dismissed, it will frustrate the purpose of the FLSA. Unfortunately, oftentimes the back wages due do not justify the cost and fees being incurred by a plaintiff’s lawyer to rectify the wrong that the employer has benefited from financially. The FLSA provides a beneficial and fair way to bring a case involving multiple employees to recover the fair wages they are due. If you or a family member has been wrongfully denied wages for overtime or for work actually performed, it is imperative that you speak to an Arkansas employment lawyer to discuss how to recover those lost wages.

Auto Defects and Safety Concerns In Arkansas

February 22, 2013 | Paul Pfeifer

A recent article points out what many injury lawyers have known for a long time, auto safety and defect concerns are often kept quit by the automobile companies and government regulators.

Although car companies are required to tell National Highway Transportation Safety Administration about claims it receives concerning serious injuries and deaths in vehicles, information about the investigation and many of the injuries and deaths is only available to the public and news media through a Freedom of Information Act request. Further, car manufacturers can request the information they submit to the agency be kept confidential.

The NHTSA conducts informal investigations and months can go by before problems are brought to the public’s attention. According to the article, these informal investigations are becoming more common.

Bus Accident in Mena, Arkansas

February 6, 2013 | Paul Pfeifer

Passengers report that a sleepy driver caused a Bus Crash near Mena, Arkansas. The accident occurred shortly after 6 a.m. when a passenger bus with Jefferson Bus Lines crashed into a wooded area near Hwy. 71, north of the Polk County line. Initial reports suggest that the driver fell asleep causing the bus crash.

The bus was en route to Texarkana from Fort Smith when it ran off the road and crashed. Bus accidents caused by the negligence of the driver are serious and require a thorough and prompt investigation. It is important that the passengers report all injuries and seek medical attention immediately. Bus companies and their insurance adjusters often try to minimize the injuries of the riders and try to reach quick injury settlements before the full extent of the injury is known to the victim. Therefore, all injured bus accident victims should contact an Arkansas bus accident lawyer to discuss their legal rights.

Pedestrian Hit and Killed in Benton, Arkansas

January 22, 2013 | Paul Pfeifer

Benton police are investigating a pedestrian accident that left one man dead after he was hit by a vehicle. According to the news report, the Benton Police Department responded to a call of a pedestrian accident on the I-30 South Service Road. Unfortunately, the pedestrian died from injuries suffered in the accident.

Pedestrian accidents almost always cause serious injury and death. The Pfeifer Law Firm has helped families through this difficult time. It is important that the facts of the pedestrian accident are fully understood and investigated. Oftentimes, we find that important information is not included in the accident report and the individuals involved as well as the investigating officer need to be interviewed as soon as possible to gather all the relevant facts.

Insurance companies often look for reasons to deny the claim or find fault with the pedestrian. It is important that an Arkansas injury lawyer become involved in the claim as soon as possible to make sure phony excuses by the insurance company do not jeopardize an injured person’s personal injury claim.