My research fails to reveal one State Court case in New York*, adopting the rule let alone even mentioning it. Why this is, I don’t know for upon its application a defendant is put in the position of disproving that which the plaintiff was normally required to prove.

The rule provides that If a proprietor could reasonably anticipate a hazard could arise based on the manner in which his business regularly operates, a plaintiff does not have to prove actual or constructive notice of the hazard.

Or said another way in a case where the plaintiff slipped on beans:

“That someone was negligent seems clear enough. Vegetable debris carries an obvious risk of injury to a pedestrian. A prudent man would not place it in an aisle or permit it to remain there.

When greens are sold from open bins on a self-service basis, there is the likelihood that some will fall or be dropped to the floor. If the operator chooses to sell in this way, he must do what is reasonably necessary to protect the customer from the risk of injury that mode of operation is likely to generate; and this whether the risk arises from the act of his employee or of someone else he invites to the premises. The operator’s vigilance must be commensurate with that risk. …

Here the hazard could have been caused by (1) carelessness in the manner in which the beans were piled and displayed; or (2) carelessness of an employee in handling the beans thereafter; or (3) carelessness of a patron. As to (1) and (2), defendant is chargeable whether or not it was aware of its employee’s neglect. Defendant’s knowledge is relevant only as to (3), but even there, since the patron’s carelessness is to be anticipated in this self-service operation, defendant is liable, even without notice of the bean’s presence on the floor, if (4) defendant failed to use reasonable measures commensurate with the risk involved to discover the debris a customer might leave and to remove it before it injures another patron.

The customer is hardly in a position to know precisely which was the neglect. Overall the fair probability is that defendant did less than its duty demanded, in one respect or another. At least the probability is sufficient to permit such an inference in the absence of evidence that defendant did all that a reasonably prudent man would do in the light of the risk of injury his operation entailed. It is just, therefore, to place “the onus of producing evidence upon the party who is possessed of superior knowledge or opportunity for explanation of the causative circumstances.” Wollerman v. Grand Union Stores, Inc. 47 N.J. 426 (1966)

This theory of liability is not like the recurring dangerous condition cases, “where even absent proof that a defendant has actual knowledge of the condition on the date of the accident, a defendant’s actual knowledge of the recurrent condition constitutes constructive notice of each specific recurrence of it,” Erikson v. J.I.B. Realty Corp., 12 A.D.3d 344 (2nd Dept. 2004) as there is no need to show that the condition was recurring in a Mode of Operation Rule case.

*A New York District Court Case, DeLotch v. Wal-Mart Stores, Inc., 2008 U.S. Dist. LEXIS 47134, discusses it but rejects it on the authority of Gordon v. Am. Museum of Natural History, 67 N.Y.2d 836, 837, 492 N.E.2d 774, 501 N.Y.S.2d 646 (1986); and Faricelli v. TSS Seedman’s Inc., 94 N.Y.2d 772, 720 N.E.2d 864, 698 N.Y.S.2d 588 (1999) However, Gordon did not involve a large self service store and it appears that the Mode of Operation Rule was not put forth in Faricelli

(view original source here)

Name of Product: Allreds Design Baby Bracelets and Pacifier Clips

Units: About 900

Manufacturer: Allreds Design (doing business as Hidden Hollow Beads), of Fort Duchesne, Utah

Hazard: The recalled bracelets and pacifier clip clasps contain high levels of lead. Lead is toxic if ingested by young children and can cause adverse health effects.

Incidents/Injuries: Allreds Design received one report of a 10-month-old child who was treated by a physician for elevated lead levels.

Description: This recall includes Allreds Design brand baby bracelets and pacifier clips. The bracelets are sold in sizes 0-6 months, 1-4 years, and 4-8 years of age. The baby bracelets and pacifier clips have crystal and plastic beads in various colors with a metal clasp.

Sold by: Resale stores and other consignment retailers nationwide from June 2008 through December 2008 for about $5.

Manufactured in: United States

Remedy: Consumers should immediately take these recalled bracelets and pacifier clips away from children and contact Allreds Design for instructions on how to receive a replacement bracelet or pacifier clip.

Consumer Contact: For additional information, please contact Allreds Design toll-free at (866) 695-3551 between 9 a.m. and 4 p.m. ET Monday through Friday or visit the firm’s Web site at www.hiddenhollowbeads.com

Note: Hidden Hollow Beads was alerted to this hazard by Jefferson County’s Health Department in Missouri.

The U.S. Consumer Product Safety Commission is charged with protecting the public from unreasonable risks of serious injury or death from thousands of types of consumer products under the agency’s jurisdiction. The CPSC is committed to protecting consumers and families from products that pose a fire, electrical, chemical, or mechanical hazard. The CPSC’s work to ensure the safety of consumer products – such as toys, cribs, power tools, cigarette lighters, and household chemicals – contributed significantly to the decline in the rate of deaths and injuries associated with consumer products over the past 30 years.

Name of Product: Hooded Sweatshirts

Units: About 1,900

Distributor: Baycreek Inc., of New York, N.Y.

Hazard: The sweatshirts have a drawstring through the hood which can pose a strangulation hazard to children. In February 1996 CPSC, issued guidelines (pdf) (which were incorporated in to an industry voluntary standard in 1997) to help prevent children from strangling or getting entangled in the neck and waist drawstrings in upper garments, such as jackets or sweatshirts.

Description: This recall involves Attitude Gold children’s hooded sweatshirts in sizes small, medium, large and extra large. The sweatshirts were sold in beige, blue, charcoal gray and black and have a random distress designs. Style number ZZJ-2J, ZZJ-01J, ZZJ-04J or ZZJ-5J is printed on the hangtag.

Sold at: Burlington Coat Factory and Modecraft Fashions stores nationwide from October 2008 through June 2009 for about $25.

Manufactured in: China

Remedy: Consumers should immediately remove the drawstrings from the sweatshirts to eliminate the hazard or return the garment to either the place of purchase or to Baycreek for a full refund.

Consumer Contact: For additional information, call Baycreek collect at (212) 279-2777 between 10 a.m. and 5 p.m. ET Monday through Friday.

The U.S. Consumer Product Safety Commission is charged with protecting the public from unreasonable risks of serious injury or death from thousands of types of consumer products under the agency’s jurisdiction. The CPSC is committed to protecting consumers and families from products that pose a fire, electrical, chemical, or mechanical hazard. The CPSC’s work to ensure the safety of consumer products – such as toys, cribs, power tools, cigarette lighters, and household chemicals – contributed significantly to the decline in the rate of deaths and injuries associated with consumer products over the past 30 years.

At Goidel and Siegel, we’re not just Manhattan personal injury lawyers – we’re specialists. Unlike other law firms that dabble in many types of law, we deal exclusively with personal injury law. Our experience and track record speaks for itself. For 17 years, we have consistently attained the highest settlements and awards for our clients.

Our Manhattan accident attorneys care about our clients’ needs.  We understand the pain, anguish and frustration involved in an accident. It can be overwhelming and confusing. That’s why we have made it our mission to take our clients through the litigation process every step of the way.

Our Law Firm Practice Areas:

• Manhattan Motor Vehicle Accidents — We handle all phases of motor vehicle accidents including those involving cars, aircraft, busses, trucks, trains, subways and school bus accidents.

• Manhattan Workplace and Construction Accidents — This includes accidents that occurred on construction sites, offices, elevators, machinery, as well as back, neck, and repetitive stress injuries related to the workplace.

• Manhattan Slip, Trip and Fall Accidents — Accidents that occurred as a result of someone’s negligence, such as failing to clean up spills, clear snow and ice, or provide adequate lighting.

• Manhattan Defective Product Accidents — We trust that products we purchased from a reputable store are safe, but unfortunately many manufacturers are negligent in their testing and quality control procedures, resulting in defective products that can cause serious injury. At Goidel and Siegel, we are fully able to handle your lawsuit involving defective products, including baby and children’s products, power tools, and automobile parts.

• Manhattan Housing / Premises Accidents — This pertains to accidents occurring near buildings due to the building owners’ negligence. These include assaults, dog bites, elevator accidents, toxic mold illnesses, and window / roof falls.

• Manhattan Sports Accidents — Unfortunately, personal injury can occur in any setting, including recreational ones. Some examples of sports accidents are amusement park accidents, bicycle accidents, boating accidents, while skiing, or involving a pool.

We have experience in handling the full range of personal injury cases resulting from motor vehicle accidents.

Below are some of the Motor Vehicle Accidents we specalize in:

• Aviation Accidents
• Car Accidents
• Defective Automotive Parts
• Bus Accidents
• Cruise Ship Accidents
• Motorcycle Accidents
• Pedestrian Accidents
• Roof Crush / Rollover Accidents
• Subway Accidents
• Train and Rail Road Accidents
• Truck Accidents

The impact a motor vehicle accident can have on a person’s life can be huge. Goidel & Siegel are expert motor vehicle accident lawyers. We understand the legal and insurance issues surrounding motor vehicle accidents. Our extensive knowledge and experience handling motor vehicle lawsuits is why we are experts in the field.

Our New York accident attorneys don’t just handle car crashes. Motor vehicle accident victims include pedestrians on the street, passengers on airplanes, boats, busses, cruise ship patrons, and more. We can handle your case involving any type of motor vehicle accident.

Because we have almost 2 decades of experience as personal injury lawyers, and a long track record of very high dollar settlements, we are the best New York law firm to handle your case. Some of our motor vehicle cases include:

While the words “slip and trip” may sound innocent, any victim of a slip, trip or fall accident can tell you that their injuries are nothing to joke about.

Every visitor to a public place expects a certain level of safety. When the owners of a property fail to meet that expectation, serious personal injury can result. The slip fall lawyers of Goidel and Siegel are here to see that these property owners take responsibility for their negligence. We will see that you get the compensation you deserve for your slip and fall accident claim.

Slip, trip and fall accidents can occur in many different ways:

• Trip and fall occurs when an object is left in a walkway that should normally be clear, such as spilled apples left on the floor of a supermarket.
• Step and fall occurs when someone steps on a hidden hole or indentation, such as a manhole, a broken stair, or a hole in a walkway obstructed by leaves.
• Stump and fall occurs when an object is dangerously jutting out of a walk or passageway, such as a threshold higher than the floor or an unlevel concrete sidewalk.
• Slip and fall occurs when a walkway or floor that is expected to be safe is left covered with ice or snow, or other slippery materials such as water or grease.

Who Is To Blame?

While the property owner and the visitor of that property both share a responsibility to take reasonable safety precautions, the property owner must warn visitors of unexpected, dangerous conditions and they must maintain their property to avoid creating hazardous conditions.

In cases involving slip and fall accidents, generally plaintiffs must prove that the property owners either failed to maintain the property or created an unsafe condition which caused the injury (there are other theories as well, i.e. failure to warn). Whether the unsafe condition was permanent or temporary may be an issue. In instances where the condition was temporary, the length of time it existed may have bearing on your ability to prove your case.

Where Do They Happen?

Slip, trip and fall accident cases can occur anywhere. This area of the law, known as premises liability or slip and fall, allows people injured because of negligent property conditions, such as a defective condition or foreign substance / object, to claim compensation for their medical expenses, lost wages, and other costs incurred because of the accident. These type of cases include, but are not limited to, accidents occurring in supermarkets, on the street or sidewalk, on stairs, and in elevators.

Common slip, trip and fall accidents occur from:

• Defective Sidewalks / Streets
• Slippery Floors
• Defective Staircases
• Torn Carpeting
• Lack of Railings
• Inadequate Lighting
• Obstructions on Walkways

If you or someone you know has been injured in a slip, trip or fall accident, contact New York personal injury attorneys Goidel & Siegel. We are the best New York personal injury attorneys to handle your case. As experts in the field of personal injury law, we have a long track record of high monetary settlements. Call to discuss your potential legal options during a free consultation today.

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Timco Worldwide Inc. issuance of a voluntary recall of Large Seedless Watermelons because of possible health risk

Originally posted here:
Unilever Issues Nationwide Allergy Alert on Undeclared Sulfites in Certain Shedd’s Country Crock® Chilled Side-Dish Products

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Superior Foods Co. Issues Allergy Alert On Undeclared Allergens in Fish Product

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Nassau Candy Issues Nationwide Allergy Alert Because Of Possible Undeclared Allergens on their Tasty Dish Snack Tubs of Chocolate Almonds, Chocolate Raisins and Sour Neon Worms