Press Release: David H. Rosenberg files wrongful death suit against BP, Toyota
HARRISBURG, PA – August 3, 2010 – The law firm of Handler Henning & Rosenberg LLP announced today that Lisa Rickenbach, the mother of L. David Byers, has brought suit against BP Oil Company, Toyota Motor Corporation and its affiliates in Philadelphia County in the wrongful death of her son who was fatally burned when a static electric discharge ignited fumes resulting in a gas pump fire .
Before the fatal accident, L. David Byers was a 19-year-old- student who was pursuing a career in law enforcement. He was working at FedEx in Lewisburg. He is survived by his mother and twin brother, Michael.
On March 5, 2010 Byers was filling up his Toyota Yaris at a BP station in Lower Allen Township when a static-electric discharge caught fire at the BP gas station which, although open to the public, did not have any employees or attendants on site at the time. Byers died after inhaling gasses from the flash fire.
Following Byers’ death, the BP gas station was inspected by the Commonwealth of Pennsylvania’s Bureau of Occupational and Industrial Safety on March 10, 2010, and was found to be in violation of at least twenty (20) Flammable and Combustible Liquids regulations.
The suit also contends Toyota Motor Corporation and its manufacturing partners failed to adequately design and manufacture car seats and interiors in a way that would minimize the potentially dangerous electrostatic buildup. Additional Licensing & Inspection Reports cite violations at the BP gas station that include not having an attendant on duty while the station is open to the public, electric equipment that was not in compliance with the regulations, improper seals on dispensers, no fire extinguishers at the doorway to the station or the canopy’s support column, and failure to post warnings signs about the dangers of static electricity and the need to stay at the pump while you are filling your tank with gas.
"BP and Toyota have a responsibility to make sure consumers are safe, or at the very least to warn the public when they are aware that there is risk involved. This fire was a tragedy that should have been avoided,” added David H. Rosenberg, co-founder of Handler Henning & Rosenberg, LLP.
Download the Official Press Release with this link (PDF)
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Handler Henning & Rosenberg, LLP
Since 1922, the Law Offices of Handler Henning & Rosenberg have been helping injured people and their families. The attorneys at Handler Henning & Rosenberg have extensive experience in the areas of mass tort/pharmaceutical litigation, catastrophic personal injury and wrongful death. As a result of their successful verdicts and settlements, attorneys in the firm have been recognized by the Million Dollar Advocates Forum. With offices located in Harrisburg, Lancaster, Carlisle, Hanover, and York, they provide legal representation throughout Central Pennsylvania.
