Lowell Steiger's Los Angeles Law Blog

Power Windows: Danger to Children

    This morning I read a very common-sense article in the New York Times entitled Power Windows Pose Great Risk to Children, Says Consumer Group.  It piqued my interest so I decided to look a little further into the issue.

    It makes logical sense that, absent safety precautions, power windows are potentially quite dangerous.  The National Highway Traffic Safety Administration (NHTSA) estimates 1,995 power window related injuries (mostly minor) and six deaths per year.  Janette Fennell, president of KidsAndCars.org disputes these numbers saying that her phone and Internet surveys indicate that there have been about 13.6 million power window related injuries over an unspecified period of time.  Read their Press_Release.

    

    The NHTSA has imposed two requirements to make power windows safer:

    1.    All passenger vehicles must have recessed power switches by October 1, 2008

    2.    All power windows may be closed only by pulling up on a switch by October 1, 2010

    So, what kinds of injuries actually occur from power-window related accidents?  According to the NHTSA, 68% of the incidents result in fractures or crushed body parts.  Other injuries include bruising, dislocation, laceration, and strain or sprain.  Most frightening, though, are the deaths among children when their head, neck, or midsection have been trapped in the window for five or more minutes and resuscitation was impossible.  When there are multiple children in a car, those witnessing the injury are more likely to panic and call for help than try to operate the power window!

    Consumer Reports published a very informative piece entitled Which Power Window Switches Are Safer?  The article contains a well-produced video discussing one family's tragedy and further depicting and discussing three different types of power-window switches.

    The Consumer Reports article tells you what you can do:

Never leave children alone in a car or the keys in the car when kids are nearby. Pay close attention to the design and location of window switches when shopping for a new car. Here’s a basic rundown for the vehicles we’ve reviewed:

Horizontal rocker switches

Rocker switches (inherently risky) move the glass up when you press one end of the switch, down when you press the other.  Most vehicles from Ford, Lincoln, Mercury, Chevrolet, Buick, Cadillac, GMC, Oldsmobile, and Pontiac, and the Saturn Ion.

Horizontal toggle switches

Toggle switches (also inherently risky) work when pushed forward or pulled back. Some vehicles from Chrysler including the Dodge Neon, Stratus, and Intrepid, and Dodge trucks.

Lever switches, the safer type

The lever switch, is safer because it makes it harder to raise the window accidentally. Lever switches must be pulled up to raise the glass. They generally have not been implicated in fatal injuries, according to KIDS AND CARS.  Acura, Audi, BMW, Chrysler Pacifica, Honda, Hyundai, Infiniti, most Isuzu models, Jaguar, Kia, Lexus, most Mazda models, Mercedes-Benz, Mitsubishi, Nissan, Saturn L and Vue, current Saab models, Subaru, Toyota, Volkswagen, and Volvo.

I hope that this article has been helpful and informative.

If you, or someone you know, has been injured in an accident, please contact me immediately at

(323) 852-1100

[email protected]

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"Treated With the Respect That You Deserve"   

Testerone Gels: FDA Orders Label Warnings (Harmful to Children)

The Food and Drug Administration is requiring box warnings on two topical testosterone gels.  Click here for basic information on the male hormone, testosterone.  Here's the FDA report:

The U.S. Food and Drug Administration today announced that it is requiring manufacturers of two prescription topical testosterone gel products, AndroGel 1% and Testim 1%, to include a boxed warning on the products’ labels. The agency is requiring this action after receiving reports of adverse effects in children who were inadvertently exposed to testosterone through contact with another person being treated with these products (secondary exposure).

The gels are approved for use in men who either no longer produce testosterone or produce it in very low amounts. Both products are applied once daily, to the shoulders or upper arms. Only AndroGel 1% is approved for application to the abdomen. Precautions in the current labels instruct users to wash their hands after using the product and to cover the treated skin with clothing.

“These drugs are approved for an important medical need, but can have serious, unintended side effects if not used properly,” said Janet Woodcock, M.D., director of the FDA’s Center for Drug Evaluation and Research. “We must ensure that the adults using them are well-informed about the precautions needed to protect children from secondary exposure.”

In 2007, 1.4 million prescriptions for AndroGel—the most commonly dispensed gel form of testosterone—were dispensed by U.S. retail pharmacies. Approximately 25,000 of those were dispensed for off-label use in women. During the same period, some 370,000 prescriptions were dispensed for Testim, according to data from SDI: Vector One National. 

Despite the currently labeled precautions, as of Dec. 1, 2008, the FDA has received reports of eight cases of secondary exposure to testosterone in children ranging in age from nine months to five years. Since that time, additional reports of secondary exposure have been received by the agency and are presently under review.

Of the fully reviewed cases, adverse events reported in these children included inappropriate enlargement of the genitalia (penis or clitoris), premature development of pubic hair, advanced bone age, increased libido, and aggressive behavior. 

In most cases, the signs and symptoms regressed when the child no longer was exposed to the product. However, in a few cases, enlarged genitalia did not fully return to age-appropriate size and bone age remained modestly greater than the child’s chronological age.

In some cases, children had to undergo invasive diagnostic procedures and, in at least one case, a child was hospitalized and underwent surgery due to a delay in recognizing the underlying cause of the signs and symptoms.

Signs of inappropriate virilization (development of male secondary sexual characteristics) in children and the possibility of secondary testosterone exposure should be brought to a health care provider’s attention.

In most of the cases, users of these products failed to follow appropriate use instructions, resulting in direct contact between treated skin and the child.
     
The required label changes will provide additional information about the risk of secondary exposure and the steps that should be taken to reduce this risk. The FDA also is requiring that the manufacturers of these products develop a Medication Guide as part of a Risk Evaluation and Mitigation Strategy to ensure that the benefits of these products continue to outweigh their potential risks.

The FDA recommends the following precautions be taken to minimize the potential for secondary exposure:

• Adults who use testosterone gels should wash their hands with soap and warm water after every application;
• Adults should cover the application site with clothing once the gel has dried;
• Adults should wash the application site thoroughly with soap and warm water prior to any situation where skin-to-skin contact with another person is anticipated;
• Children and women should avoid contact with testosterone application sites on the skin of men who use these products; and
• Adults should note that use of any similar, but unapproved, products from the marketplace –including the Internet– that can result in the same serious adverse effects should be avoided.

Health care professionals and consumers may report serious adverse events (side effects) or product quality problems with the use of these gels to the FDA's MedWatch Adverse Event Reporting program either online, by regular mail, fax or phone.

Relevant Websites/Information

Testim Video: How to apply Testim

What is Testim?

Testim Side Effects: MedicineNet.com

Androgel Side Effects: eMed TV

Testosterone Gels Risky to Children: Web MD

FDA Orders Label Warnings for Testosterone Gels: ABC News

Testosterone Deficiency: The Urology Channel

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If you, or someone you know, has been injured in a motorcycle or automobile (or similar) accident, please call me, Lowell Steiger, immediately at

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Paper Shredders Putting Kids and Pets at Risk of Major Injury

Yesterday I received an e-mail from a parent whose young child lost 3 fingers in a home paper shredder.  It happened in a flash.  The poor mother did everything she could to save the child's  little fingers but, alas, to no avail.  Fingers are no match for the blades of a paper shredder.  The fault of the parent?  I think not.  Can she sue someone for the injuries sustained by her child?  Yes.  Should she sue someone for the injuries sustained by her child?  Yes.  Read on.

Manufacturers of paper shredders, whether for home or business use, are aware of the potential dangers of their products.  It's not rocket science that a child's fingers, or a dog's tongue, are small enough to find there way into the paper entry chute.  Very few manufacturers have addressed this issue.  Later in this article you will find information on two manufacturers that provide paper shredders with built in safety features designed to prevent injuries to kids and pets.

The Consumer Product Safety Commission published an article on this very subject.  Paper Shredder Safety Alert says "From January 2000 through September 2005, CPSC received 50 reports of incidents involving finger amputations, lacerations, and other finger injuries from paper shredders. The majority of injuries were to young children under age 5."  The incidents happen so quickly that they can occur even in the presence of adult supervision!  They offer the following safety tips:

• Never allow children to operate paper shredders, even under adult supervision. Paper shredders can pull children’s fingers into the shredder mechanism.
• Place the paper shredder in an area less accessible to children.
• Unplug the paper shredder power cord when the shredder is not in use.
• Do not place hands or fingers in the shredder opening.
• Do not operate a paper shredder while wearing loose fitting clothing that may enter the shredder opening.
• Keep hair and items, such as a tie or a long necklace, away from the shredder opening.

The Consumer Product Safety Commission wrote an extensive article on the evaluation of paper shredder related finger injuries.  Read CPSC Evaluation of Finger Injuries.  This article is in .pdf format.  If you can't open it, click here to download the free Adobe Acrobat Reader.
   

Child Loses Fingers in Shredder (CBS News Video)

CBS News aired a video about the tragic story of Lisa Broadfoot's little boy Talan who "screamed, and then was begging me to get his hands out of this machine, saying, 'Please, Mommy, please, Mommy, get my hand out.' He was just screaming and crying and begging."  She rushed him to the hospital with the shredder still attached. He lost 3 fingers and, to this day, keeps asking his mommy when they're going to grow back.  Watch the video here.

Dog Shreds Tongue in Shredder (ABC News Video)

Kids aren't the only beings vulnerable to the possible horrors of the home paper shredder.  I found several instances of dogs shredding their tongues when trying to lick the paper shredder.  Shred the tongue to much and the doggie is a candidate for euthanasia because dogs use their tongues to drink water.  A doggie horror story was aired on ABC News.  Click here to watch the video.

Paper Shredder Horror Stories

Snopes.com has an article devoted to paper shredder horror stories too gruesome to discuss here.  You can go directly to their article on the web by clicking here  or to the .pdf version of the article by clicking here.

Child and Pet Safe Paper Shredders

A little research revealed that horrifyingly few manufacturers provide child or pet safe shredders.  I found two (2) such manufacturers: Fellowes and Royal.  Fellowes DS-1 and DS-2 both have the same SafeSense feature that turns off the blades if the paper entry slot is touched, thereby preventing fingers, tongues and tails from finding their way into the grasp of the life-changing blades.  Fellowes manufactures several other safe paper shredders including the Powershred P-57cs and SB-97cs models.

The Royal PX 110 MX paper shredder, with its patented throat safety guard, is also designed to protect children and pets from injury.

Please note that I have not personally used these shredders and am only reporting what I've been reading on the Internet.  In other words, I can't vouch for the viability of the safety claims made by these manufacturers.  You'll need to do your own research before purchasing any of these shredders.

Can You Sue For Paper Shredder Related Injuries?

Yes.  Injuries related to bad design or manufacture of a product fall into the product liability category.  If an injury is sustained as a result of bad design or manufacture, then everyone in the chain of commerce (i.e., manufacturer, distributor, retailer) can be held liable for that injury or injuries.  When you buy  or use a product, it is reasonable to assume that the product will be safe when used for its intended purpose.  It is also reasonable to assume that the product will warn you of any potential dangers.  If the product is then unsafe for use or if you have not been warned of its potential dangers, and if an injury occurs, then you have the legal right to take everyone in the chain of commerce to task.  Will they put up a defense?  Yes.  Are you guaranteed to prevail?  No.  However, an attorney experienced in the area of product liability will analyze the facts as they apply to the law and determine whether you have a viable case and proceed from there. 

What type of compensation are you entitled to?  The injured person is entitled to compensation for medical expenses, loss of earnings, future medical expenses and loss of earnings, and pain and suffering. 

Read more about product liability in the Case of the Exploding Wine Bottle.

If you, or someone you know, has been injured, please call me immediately at

(323) 852-1100 or send an e-mail to me at [email protected]

"Treated With the Respect That You Deserve"

Jett Travolta: The Tragic Death of John Travolta's Boy

  It was with great sadness that I read the news of the tragic and untimely passing of 16 year old Jett Travolta, son of John Travolta and Kelly Preston.  Apparently, the boy suffered from Kawasaki Disease which is a childhood ailment.  

    How did he die?  No one really knows yet but the current conventional wisdom is that young Jett suffered regularly from seizures and that, on this occasion, he fell and hit his head during one of those seizures.  Various news reports state that he was attended to by nannies but was left unattended this one time.  Again, we do not know the details yet and all of the conventional wisdom is actually only conventional conjecture.

    The family is suffering enough without having to look for blame.  Was negligent supervision or training of the nanny involved?  Did someone breach their duty to the boy and to the family?  These are painful questions that will undoubtedly be investigated in the coming months and, quite possibly, years.  Will we ever know the answer?  Maybe not but here's what we do know: An innocent boy has died and, with that death, is the excruciating pain that John and Kelly, his loving parents, will suffer for the remainder of their lives.

    What is negligent supervision?  It is a legal concept that forms the basis of many of the cases that I handle.  It usually appears in situations wherein someone is injured or killed as a result of someone failing to supervise the activities of those in their charge (i.e., employer/employee, teacher/student, doctor/nurse, lawyer/paralegal).  We plead negligent supervision in lawsuits when, but for the actor being improperly supervised, the injured person would not have been injured.  This can occur in a plethora of situations such as automobile accidents, assault & battery by a security guard against a customer, slip & fall incidents and medical malpractice matters.  

    Likewise, negligent training occurs when a person carries out an activity for which he/she has been improperly trained by the employer and, but for that poor training, someone is injured as a result.  A gruesome example would be a paramedic who was improperly trained in the art of CPR and, as a result, a heart attack victim succumbs to the coronary.

    Again, my heart goes out to the Travolta family.

If you, or someone you know, has been injured, please call me immediately at

(323) 852-1100 or send an e-mail to me at [email protected]

"Treated With the Respect That You Deserve"

 

Product Recalls: Protect Your Children and Family from Danger

Protect Your Children and Loved Ones This Holiday Season

The U.S. Consumer Product Safety Commission publishes a monthly newsletter listing recalls and product safety news.  The November 2008 list of recalls is quite daunting indeed.  Below is the list replete with links for further details:

Stainless Steel Pots Recalled by Ocean State Jobbers Due to Burn Hazard

In cooperation with the U.S. Consumer Product Safety Commission (CPSC), Ocean State Jobbers Inc., of North Kingstown, R.I., is voluntarily recalling about 7,000 Century Cookware Stainless Steel Stockpots. The stainless steel pots have metal handles that can detach during use, posing a serious burn hazard to consumers.

 JCPenney Recalls Arizona® Newborn and Infant Pants Due to Choking Hazard

In cooperation with the U.S. Consumer Product Safety Commission (CPSC), JCPenney Co., of Plano, Texas, is voluntarily recalling about 24,000 Arizona® Newborn and Infant Denim Pants. The metal snap at the waist can detach posing a choking hazard to infants.

 Heavy Duty Acidic Cleaner Recalled by DuPont Due to Leaking Cap; Poses Risk of Severe Skin Irritation

In cooperation with the U.S. Consumer Product Safety Commission (CPSC), DuPont, of Wilmington, Del., is voluntarily recalling about 20,000 Heavy Duty Acidic Cleaner Bottles. Pressure can build up in a full or nearly full bottle of the acidic cleaner when it is stored in elevated temperatures over an extended period of time, which can result in the cleaner leaking from underneath the cap. If the product comes into contact with skin, it can cause severe skin irritation.

 Major Retailer Agrees to Pay $500,000 Civil Penalty for Failure to Report Hazardous Outdoor Candles

The U.S. Consumer Product Safety Commission (CPSC) announced today that IKEA North America Services LLC, of Conshohocken, Pa., has agreed to pay the government a $500,000 civil penalty. The penalty, which has been provisionally accepted by the Commission, settles allegations that the company failed to immediately report incidents about defective outdoor candles.

 Candela Recalls Candles Due to Fire and Burn Hazards; Sold Exclusively at Anthropologie Stores

In cooperation with the U.S. Consumer Product Safety Commission (CPSC), Candela Group, of New York, N.Y., is voluntarily recalling about 225 Anthropologie Tin Candles. The candle flames could flare up out of the tin container during the burning of the last half inch of wax, posing a fire and burn hazard.

 ImagiPLAY Recalls Bead Maze Toys Due to Laceration Hazard

In cooperation with the U.S. Consumer Product Safety Commission (CPSC), ImagiPLAY, of Boulder, Colo., is voluntarily recalling about 500 Bead Maze Toys. The trees on the toys can detach, exposing a metal screw. This poses a laceration hazard to young children.

Ikea Product Recalls, Pays $500,000 Penalty: Candles; Blinds Lead to Death

DANGEROUS PRODUCTS

Ikea Outdoor Candles Leads to Recall, $500,000 Penalty

The U.S. Consumer Product Safety Commission recently announced dangers in two separate Ikea products:Ikea Outdoor Candles: IKEA sold about 133,000 six-pack sets of the outdoor candles in the United States between February 2001 and July 2005. The firm also sold an additional 1.3 million candle sets internationally. During that time, the firm received at least 32 reports worldwide of unexpected flare-ups, including fire, scorching and twelve reported injuries, including minor to serious burns. In May 2006, CPSC and IKEA announced the recall of the candles.    

IKEA North America Services LLC, of Conshohocken, Pa., has agreed to pay the government a $500,000 civil penalty. The penalty, which has been provisionally accepted by the Commission, settles allegations that the company failed to immediately report incidents about defective outdoor candles.   

Roman Blinds Lead to Strangulation Death of Child

Strangulation Death of Child Prompts Recall of Roman Blinds Sold Exclusively at Ikea.  The retailer, in conjunction with the U.S. Consumer Product Safety Commission, announced a voluntary recall of 670,000 units of the IRIS and ALVINE Roman Blinds which are distributed by IKEA Home Furnishings (Conshohocken, Pa).  These blinds present a strangulation hazard when a child places his or her neck in an exposed inner cord of the backside of the roman blinds.  The Commission reported the following incident:

On April 4, 2008, a 1-year-old girl in Greenwich, Conn. became entangled in the inner cord of an IKEA Roman Blind and strangled. The child was in a portable playpen that was located underneath a fully lowered roman blind. She was found partially suspended with the inner cord of the blind wrapped twice around her neck.

       

 

           

Consumer Contact: For additional information, contact IKEA toll-free at (888) 966-4532 anytime, or visit the firm’s Web site by clicking here.

Note: CPSC reminds consumers to examine all Roman Blinds and shades in their homes. If looped pull cords are present or exposed inner cords are found on the back of blinds or shades and children are in the home or occasionally visit your home, please consider replacing them with blinds or shades that do not have exposed pull cords or inner cords.

If you, or someone you know, has been injured, please call me immediately at

(323) 852-1100 or send an e-mail to me at [email protected]

"Treated With the Respect That You Deserve"

 

Infant Swimming Resource: Aquatic Survival of Babies, Prevent Drowning

  A client of mine sent me a link to Infant Swimming Resource. What an incredible resource.  Their site has beautiful videos of infants swimming and infants saving themselves after falling in a pool.  From their site:

Welcome to Infant Swimming Resource - South Mountain with Certified ISR Drowning Prevention Specialist Casey Bunn. 

ISR is the most comprehensive drowning prevention program.  As a part of ISR, Casey Bunn is dedicated to the eradication of the drowning epidemic facing our children. 

The ISR mission is to get to the next child before that child gets to the water.  The reality of infant and child drowning is that, in most cases, it is a preventable tragedy.

 

 

Although they are based in Arizona, Infant Swimming Resource is making themselves available throughout the country.  This is a must visit site for those with small children.  Watch the video of 2 1/2 year old Jackson Reid swimming safely by clicking here.  There's much, much more to this site with testimonials and related videos.

 

If you, or someone you know, has been injured, please call me immediately at

(323) 852-1100 or send an e-mail to me at [email protected]

"Treated With the Respect That You Deserve"

Exploding Gas Can Injures Child: Wal-Mart May Be On The Hook

I read a fascinating story in the Torts Law Blog wherein Wal-Mart, based on their own training videos, knew or should have known of the potential danger of explosion in a particular gas can sold by them.  Ultimately, that gas can exploded when a 12 year old boy "poured gasoline from the container onto a pile of wet wood he had been trying to light, and the can exploded." 

From my perspective as a personal injury attorney who has handled many cases where injuries occur as a result of a faulty product (see, for example, The Case of the Exploding Wine Bottle), it is my opinion that manufacturers, as well as others in the chain of commerce (i.e., distributors, retailers), do not always fully explore the dangers of the products that they are hawking or, worse yet, do not fully disclose or warn of the dangers -- and all of this is to the injurious detriment of the unsuspecting consumer.

Please read the story below.

Wal-Mart Video Archive Helpful in Products Suit

Consumerist has a post (based on a WSJ piece) about the second life of thirty years of videos made for Wal-Mart.  The company that did the work evidently retained the rights (oops on Wal-Mart) and Wal-Mart declined to pay as much as the company asked.  Now the company is selling access and it's helped at least one plaintiffs' lawyer:

Plaintiffs attorney Diane M. Breneman stumbled across the videos while working on a lawsuit she filed in 2005, on behalf of a 12-year-old boy, against Wal-Mart and the manufacturer of a plastic gasoline can sold in its stores. Her client was injured when he poured gasoline from the container onto a pile of wet wood he had been trying to light, and the can exploded. The lawsuit alleges that the containers are unsafe because they don't contain a device that prevents flames from jumping up the spout and exploding.

Wal-Mart's lawyers have argued in court filings that the retailer couldn't have known that the product "presented any reasonable foreseeable risk...in the normal and expected use."

* * *

Ms. Breneman says Flagler Productions located videos of product presentations to Wal-Mart managers in which executives gave parody testimonials about the same brand of gasoline can. In an apparent coincidence, one manager joked about setting fire to wet wood: "I torched it. Boom! Fired right up." In a separate skit, an employee is seen driving a riding lawn mower into a display of empty gasoline cans. A Wal-Mart executive vice president observing the collision jokes: "A great gas can. It didn't explode." The tapes were made before the lawsuit was filed.

Ms. Breneman argues the footage provides evidence that the retailer could have foreseen the risk that customers would use the gas cans when starting fires. She says she plans to ask the Kansas City, Mo., federal court handling the case to allow the footage to be used as evidence. Wal-Mart's lawyer on the case didn't return calls seeking comment.

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Toyota, GM Recall 662,000 Cars: Power Window Defects

Driver Beware!!!

DETROIT (Reuters) April 10, 2008 - Toyota Motor Corp and General Motors Corp are recalling more than 662,000 vehicles sold in the United States due to defects in power windows, the two companies said on Wednesday.

Toyota will recall 539,500 Corolla and Matrix vehicles for the 2003 and 2004 model years, it said in a statement.

GM said it would recall 122,598 Pontiac Vibe hatchbacks, which share the same platform with Toyota's Matrix and are built by GM in a joint venture with the Japanese automaker.

On vehicles equipped with power windows, the driver and front passenger glass bolts may loosen and cause the door glass to separate from the window regulator, Toyota said. Vehicles equipped with manual windows are not subject to the recall.

Toyota will notify vehicle owners by mail, beginning in late April. It advised owners to contact their local Toyota dealer for inspection and repairs.

Replacement of the driver and front passenger door glass bolts will be done at no charge, Toyota said.

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The Law Office of Lowell Steiger Represents Injured Victims

If you have suffered a Personal Injury, Call for a Free Consultation

Contact Attorney Lowell Steiger at (323) 852-1100

or via e-mail at [email protected]

"Treated With the Respect That You Deserve"

www.steigerlaw.com

If you have suffered a Personal Injury, Call for a Free Consultation

Spinal Cord Injury More Frequent in Children with Seat Belt Injuries

Medical News Today reports that Spinal Injuries Are More Frequent in Children With Seat Belt Injuries.  If the link to the article is inactive, you can click here to access the Adobe Acrobat version of the article.

The article states, in part, that "Ill-fitting seat belts raise the risk of serious injury to children involved in car accidents. And seat belt injuries should alert physicians to look for signs of more serious consequences, particularly spinal cord injury, which is not always immediately apparent.

"Unless physicians are diligent, spinal-cord injuries are hard to diagnose in children. In the event of a car accident, seat belt injuries such as bruising and tenderness should warrant a search for other injuries, including spinal-cord injury, vertebral fractures and intra-abdominal injuries. If spinal-cord injury is missed or not diagnosed early, the consequences can be devastating," said Harsh Grewal, M.D., in a report published in August issue of the Journal of Spinal Cord Medicine."

For more information, the Department of Transportation publishes Transportation Safety Tips for Children.

The Law Office of Lowell Steiger represents injury victims.  Free consultation. 

Please contact Attorney Lowell Steiger by e-mail at [email protected] or by phone at (323) 852-1100.

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Treated With the Respect That You Deserve