Month: August 2009

I reported earlier this month that Apple has faced problems with its iPOD exploding. Particularly, one case in the UK. Today, the BBC reported that Apple responded to reports of a number of iPhones exploding in France suggesting it was not due to a battery problem.

Apple states the devices were damaged due to “external force” meaning somebody did it. However, customers deny this allegation. In one case a security guard in France was hit in the eye with a piece of glass from an exploding iPhone.

A French consumer watchdog group has begun an investigation into the explosions. Furthermore, Europe’s Rapex, which is a rapid alert system concerning dangerous consumer products has issued an alert to over 27 countries.

Apple has sold 26 million iPhones and 200 million iPods to date.

The Star reported, “Ontario is suing tobacco companies for $50 billion to recover costs of treating citizens with smoking-related illnesses since 1955.”

Furthermore, “the Ontario government says smoking is the number one preventable cause of death in the province, killing 13,000 people a year - or 36 per day - and costs taxpayers $1.6 billion annually.”

It’s likely that the action will take years to get to the courts. Despite, the fact that it’s readily proven that tobacco use kills and causes serious illness it will be interesting to see what line of defence the tobacco companies will use. Other than the typical i.e., that people chose to smoke and accept the health hazards voluntarily.

The Star article can be found here.

At least 3 deaths and several injuries have been blamed on a number of blinds sold at various retailers in the United States that include Target, Ikea and Pottery Barn. The cause has been attributed to a defect in the design.

Click here for more.

In Tiller v. St. Andrew’s College the Plaintiff’s brought a motion compelling the Defendant produce a statement provided by the Defendant companies Chief Engineer and Director of Property Facilities. In this case, the Plaintiff was injured when a rod fell from the ceiling and hit the Plaintiff on the head.

The Chief Engineer was examined at Discovery. Yet the Defendants maintained the statement provided by the Chief Engineer would not be produced nor a summary of its contents since it was deemed privileged.

The Plaintiff’s motion was not seeking production of the actual document. Yet a summary. The Plaintiff’s request was granted.

The motions Judge stated:

The defendant in this case has put in issue safety of the premises, assumption of risk, causation, contributory negligence by the plaintiff, and damages. The plaintiff is entitled to know all of the facts known to the defendant relating to the condition of the premises at the material time, the role of the plaintiff, causation, and whether or not, and to what extent, she suffered damage. The plaintiffs are also entitled to know the names of any persons with relevant knowledge and their addresses. To the extent that there are relevant facts or witness particulars in the statement of the defendant’s Chief Engineer and Director of Property and Facilities at the relevant time relating to these issues, they are discoverable. The statement itself is neither sought nor is it producible, assuming that it is subject to litigation privilege as this motion assumes.

This UK public service announcement is causing some stir due to the graphic nature of the video. The ad is to highlight the concern regarding texting while driving.

No surprises here. The victims of this summer’s Air France tragedy are looking to commence legal proceedings against the airliner. At this time little is known.  One of the suspected causes might be faulty speed sensors. Air France says that it has replaced the faulty sensors.

On August 2, 2005 an Air France jet failed to land on the runway in Toronto, Ontario. Instead, it landed in a ravine. All the passengers were safe but Air France faced class action proceedings on behalf of the passengers.

In June 2008 Air France started a lawsuit against the GTTA (Greater Toronto Airports Authority) for a faulty runway.

KFC has released a “sandwich” that consists of two kinds of bacon, two kinds of cheese and sauce. However, here’s the interesting the part instead of bread KFC will be using two pieces of fried chicken.  How’s that for a healthy option.

Currently, the sandwich is only being marketed in specific areas in the United States.

It's estimated the sandwich has 1228 calories.

On July 2, 2009 a Milton, Ontario court awarded the Plaintiff, $3.5 million in damages and interest totalling $4 million dollars for chronic pain and fibromyalgia syndrome.

The incident happened when the Plaintiff was visiting her son at the Oakville hospital. A nurse told her she could spend the night on a bed in the room to be close to her son.

The bed collapsed and initially caused a fractured tailbone that went on to heal. However, the Plaintiff claimed to suffer from fibromyalgia that caused chronic pain.

Here is the case.

This teacher down in the United States got a side order of live baby scorpian with his order of fries and sandwich at McDonald's.

http://www.theglobeandmail.com/video/you-want-fries-with-that-scorpion/article1261544/

Here is an interesting article by a tort professor that describes how tort liability for a personal injury can be viewed as social insurance.

Click here for article.