Personal Injury, Treadmill Injury, Bryman and Apelian

Case in Point:
$2,775,000
for K-rail injury.

Recently, we represented an independent truck driver who picked up a load of K-rails from a crane company in an effort to deliver them to a construction site. K-rails are the large sections of cement commonly used as center dividers on freeways. During the loading process, an L-hook caught onto one of the K-rails causing it to shift. As a result, our client's right leg was crushed between two K-rails.

Our firm successfully argued that the crane company and it's employee violated safe custom and practice standards recognized in the industry by negligently using the L-hooks in question and by the defendant's employees movement of the crane cable without providing an appropriate signal while our client was present.

The Consumer Products Safety Commission in Washington D.C. is well aware of home treadmill injuries to infants and children.

Approximately 8,700 injuries from home exercise equipment occur annually to children in the United States. One of the explanations for this is that home treadmills have been obtaining greater popularity during the past years. It is clear that the design of these treadmills posed a known and specific hazard to young children. Typically, the injury is to the fingers and hands.

For many years the United States Consumer Products Safety Commission has collected data regarding treamill injuries. From January 1, 1996 to September 30, 2000, the number of home treadmill injuries reported to the National Electronic Injury Surveillance System was 1,009. 300 of these injuries (29.7%) were to infants and children age to 5 years. Abrasions or contusions (or both) of the upper extremities were the most common injury.

Typically, the injury pattern is as follows: a mother is on the treadmill exercising. Her young child approaches from the rear, unknown to the parent. The child is attracted by the design and movement of the treadmill and, as a consequence, places its hand near the rear lower area. The treadmill is designed such that there is an opening at the rear end which, when a child's hand comes into proximity of the roller, will pull the child's hand into the back of the tradmill. This is referred to as an "entrapment" injury. As a consequence, the typical injury pattern results in third degree friction burns which require medical care typically consisting of skin grafting and subsequent surgeries to relieve the contractures caused to the fingers as a result of the burn injuries.

A representative from the Consumer Products Safety Commission has visited the law office of Bryman and Apelian to obtain information regarding these treadmill injuries. In addition, we have been in communication with various news stations regading investigative reporting which looked into the history of numerous treadmill injuries.

The law office of Bryman and Apelian has handled numerous claims against the manufacturer of these dangerous treadmills. As a direct result of our litigation, we have obtained thousands of documents which show that the manufacturer had known for many years of the hazards associated at the rear of their treadmill and that there were safety precautions available to eliminate or reduce the risk of injury.

If you have any questions regarding any treadmill injury or any injury on any type of exercise or playground type equipment, please fill out the form at the right or contact our office by telephone.

The Law Office of Bryman and Apelian
Personal Injury Practice

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Sharing our thoughts and concerns:

The attorneys and staff members of the Law Office of Bryman and Apelian continue to share in the sadness of all Americans and all New Yorkers over the events of Sept. 11, 2001 and the recent loss sustained as a result of the devastating effects of Hurricane Katrina, Rita, and Wilma. As Americans, the horrific pictures of destruction vividly remind us of how truly precious life is. With our fellow citizens, we affirm the greatness of our nation and offer a prayer for those who lost their lives in these tragedies as well as to all of our soldiers serving in our country's armed forces.

Please join us in helping those less fortunate than us by donating to charities like the Red Cross at www.redcross.org.

We thank you for your help.

Sincerely,

Andrew and Mark

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