Product Defect Liability Lawyer Blog

We have always maintained that the National Highway Traffic Safety Administration’s (NHTSA) proposed performance standard for vehicle roofs is extremely inadequate when it comes to keeping people safe in roof crush rollover accidents. This article in the consumer watchdog Web site, Consumeraffairs.com, quotes safety advocates from Public Citizen, who agree with us 100 percent.

The main problem with NHTSA’s proposed roof crush rule is that it does not require a dynamic test that mimics an actual rollover accident. On the other hand, the requirement is only for a static test where the vehicle is dropped on its roof when its immobile. We all know that auto accidents and rollovers in the real world happen when vehicles are in motion, not when they are static.

The other problem with this roof crush rule is that it fails to require manufacturers to test both the driver and passenger sides of vehicles. The NHTSA’s rule relies on measuring the ability of the driver’s side roof to resist 2.5 times the vehicle’s weight. This is an improvement on the current standard, but still is way behind and does little to improve safety.

Continue reading " NHTSA Must Revise Roof Crush Rule to Enhance Auto Safety " »

A 42-year-old Twain Harte, California, man has filed an Orange County product liability lawsuit against Yamaha Motor Corporation alleging that the company’s Yamaha Rhino side-by-side all-terrain vehicle is dangerously unstable and defective. According to court records, 42-year-old Scott Smith was severely injured on Aug. 20, 2006 when the 2006 Yamaha Rhino he was a passenger in, tipped over at a low rate of speed. Smith’s right leg was crushed and permanently impaired.

The lawsuit alleges that the Rhino’s roll bar damaged his leg and that Smith had to undergo seven surgeries, bear tremendous pain and be confined to his bed for a year. He will never again be able to engage in activities he enjoyed before the ATV accident such as skiing or hiking.

Continue reading " Product Liability Lawsuit Alleges Defective Design of Yamaha Rhino " »

The Consumer Product Safety Commission last week announced a voluntary recall of about 24,000 defective Perfect Flame Double Lid Four Burner gas grills. The recalled prodcuts, with model number GAC3615, were manufactured by Lucas Innovation Inc. of China and sold at Lowe’s home improvement stores in the United States from October 2007 through July 2008 for $300.

The danger posed by these defective grills is pretty serious. The cooking chamber of these gas grills can melt or catch on fire, thereby posing risk of fires and burn injuries to consumers. According to the CPSC alert, so far, there have been reports of 175 grill fires, 25 reports of grills melting. Some of these incidents resulted in property damage, but so far there have been no reports of injuries.

Owners of these grills are asked to stop using the grill immediately, disconnect the propane tank and return the defective products to any Lowe’s store for a full refund.

Consumer Reports’ product recall blog lists two complaints from its own readers relating to these recalled gas grills. One of their complaints cited the recalled model while another cited model number SLG2006, not included in this recall.

Continue reading " Defective Gas Grills Sold At Lowe’s Recalled " »

Federal officials are investigating airbag failures in the 2001 and 2002 Hyundai Elantra models, according to an article in the consumer watchdog website Consumeraffairs.com. The National Highway Traffic Safety Administration (NHTSA) is including more than 150,000 of these economy-priced, Korean sedans in its investigation.

Federal investigators say the defective airbags failed to deploy in at least two fatality crashes that involved the Elantra. NHTSA and Hyundai have reportedly received 501 consumer complaints about the airbag system failures in the Elantra. Hyundai has also repaired the airbag system in more than 9,000 Elantra sedans under warranty claims. More disturbing is a letter from a consumer to Consumeraffairs.com stating that airbags also failed to deploy in his 2006 Hyundai Tucson during a rollover accident.

Airbags are not the only problem with the Elantra. NHTSA is investigating claims of catastrophic suspension failure in these vehicles, which nearly led to rollover accidents, according to some consumer complaints. In some models such as the Hyundai Santa Fe and Sonata, the suspension could rust to the point of breaking, reports say.

Continue reading " Defective Airbag and Suspension Plague Hyundais " »

Whole Foods, the upscale grocery store chain, which has a number of stores in California (one of which my wife shops at regularly), has recalled fresh ground beef from all its stores nationwide after finding out that the meat could be tainted by E. Coli, according to a report in Consumeraffairs.com. The E. Coli-tainted meat purchased from Whole Foods stores in Massachusetts has sickened six people so far.

The contaminated meat was purchased from Coleman Natural Foods, but was processed at Nebraska Beef, which recalled more than 5 million pounds of ground beef in May and June. Nebraska Beef reportedly recalled an additional 1.2 million pounds of beef produced in June and July, and that beef is included in a batch of meat that found its way back to Whole Foods. The U.S. Department of Agriculture (USDA) has already been closely scrutinizing Nebraska Beef. Now, the plant is under investigation for possible food safety violations.

USDA officials have criticized Nebraska Beef’s operation, calling the conditions unsanitary and stating that the plant’s production practices are not good enough to effectively control E. Coli 0157:H7 in their beef products intended for grinding.

Continue reading " Beef Recalled from All Whole Foods Stores " »

The U.S. Consumer Product Safety Commission, in cooperation with Florida-based Atico International USA Inc., has recalled about 124,000 Gourmet and Crofton personal blenders. According to an alert issued by the CPSC, these defective blenders pose a serious laceration hazard to consumers. The blender could be inadvertently turned on when the user places the cup on or off the base of the blender, thereby activating the blade.

So far, the company has received 14 reports of injuries, all cuts, including 11 that required medical treatment and stitches. The product recall involves the Signature Gourmet (item number W14A3691) and the Crofton (model number SB 19) personal blenders. The blenders are white and have three component parts – a base comprising a power button, a blade assembly and a blending cup. These blenders were sold at Walgreens stores nationwide from July 2006 to March 2008 for about $16. The Crofton blenders were sold at Aldi stores nationwide from May 2007 to March 2008 for about $13. All blenders were made in China.

Those who have purchased these blenders are asked to stop using the blenders and call Atico International USA for instructions on returning the defective product for a full refund. For more information, please call 1-877-546-4835 or visit their Web site at www.aticousa.com.

This report is another example of how many of our country’s importers lack quality control procedures when it comes to products that are manufactured outside the United States. Products that are made outside the country are still subject to the same standards and requirements as products that are made in the United States. But so far, we’ve seen violation of these safety standards, mostly in a range of defective products from China – from tires and cribs to toothpaste, clothes, toys and pet food. Importers of defective products are and should be held equally responsible for those products as their manufacturers.

If you or someone you know has been seriously injured by a defective product in California, we would like to hear about it.

Defective airbags have led to a massive recall of 200,000 BMW cars and small sport utility vehicles, according to an article in Consumeraffairs.com. The article reports that the National Highway Transportation Safety Administration (NHTSA) has warned that the front passenger side airbags in these vehicles may not deploy even in the case of a severe auto accident.

The recalled BMWs include the 2004 to 2005 5-Series standard and sport seat models, the 2004 to 2006 X3 and the 2006 3-Series with sport seats. According to NHTSA, the passenger-side airbags can deactivate because of “wear associated with a passenger getting in and out of the vehicle.” This wear causes small cracks in the car’s sensor mat, thereby deactivating the airbags.

When the auto product recalls begins in late September, BMW officials say they will extend the warranty for airbags on the recalled vehicles to 10 years from the first registration without any mileage limit. The defective detection mat in the vehicle that causes the problem for the airbags will also be replaced at no cost to the consumer. NHTSA started its investigation of the defective BMW airbags earlier this year. No injuries were reported because of these defective airbags. For more information, BMW owners are asked to contact the manufacturer at 1-800-525-7417 or NHTSA at 1-888-327-4236.

Continue reading " Defective Airbags Result In BMW Recall of 200,000 Vehicles " »

DEWALT, a nail gun manufacturer, has recalled about 14,000 DC608 cordless nail guns, which can cause a hazard to nail gun operators by continuing to operate even in a locked position. According to an article in Consumeraffairs.com, the defective product can continue to operate when the trigger is not pulled and the contact trip is depressed. The unexpected ejection of nails could pose a serious injury hazard to consumers.

The U.S. Consumer Product Safety Commission (CPSC) has also issued a safety alert about these defective products. No injuries have been reported so far. The recall involves the DEWALT DC608 18 Volt Cordless 2’ 18 Guage Straight Brad Nailer with date codes 200728 through 200821. These nailers, manufactured in Mexico, were reportedly sold from October 2007 through May 2008 for about $280.

Those who own and use these products are asked to immediately stop using the nailers and contact DEWALT for the location of the nearest service center. DEWALT will repair these defective nail guns for free. For more information please contact the manufacturer toll-free at 1-866-220-1481 between 8 a.m. and 5 p.m. or please visit the company’s Web site at www.DEWALT.com.

Continue reading " Defective Nail Guns Recalled " »

More than 1300 people across the United States have been infected by foodborne illness from salmonella bacteria after consuming tainted peppers and/or tomatoes. But health officials have still not been able to determine the source of the infections. All they know is that the salmonella came from jalapenos, Serrano peppers and possibly tomatoes grown on several farms in Mexico.

According to the U.S. Centers for Disease Control, more than 1 million people in the United States are hit by various strains of salmonella each year, causing more than 500 documented deaths annually. This particular outbreak has now stretched over four months and has been the most challenging for the Food and Drug Administration to sort out.

Salmonella is among those foodborne illnesses that can not only make victims suffer long-term, but could end up being lethal. Salmonella is the most common foodborne illness in the United States. The bacteria grow in the intestine and cause the illness. How severe the infection becomes depends on the amount of bacteria in the system, the strain of organism and the resistance level of the affected persons. Infants and the elderly are considered high-risk. Most common symptoms for salmonella infection include headache, vomiting, diarrhea, fever and fatigue.

Continue reading " Foodborne Illness Outbreak: Salmonella Sickens More Than 1,300 People " »

Federal safety officials have issued a warning about defective tire valve systems manufactured in China, suspected of causing a November fatal Ford Explorer rollover accident in Florida. The National Highway Traffic Safety Administration (NHTSA) traces these defective tires to Topseal, a subsidiary of Shanghai-based Baolong Industries. Here in the United States, these tires are distributed by Dill Air Control to major retailers including Discount Tire Stores.

According to NHTSA’s report, the rubber compound in these faulty tire valves may undergo cracking resulting in gradual loss of air pressure resulting in a blowout. The report states that this defect was caused by improper mixing of the rubber compound in the manufacturer’s facility. Cracks in valve stems can cause tires to lose air quickly, and such air loss at highway speeds can result in tire failure and a loss-of-control crash. On November 11, Robert Monk of Orlando, Fla. died when the right rear tire of his 1998 Ford Explorer failed, triggering a fatal rollover crash.

According to NHTSA, only about 8,600 tire valves may be defective. But there is the suspicion that millions of tire valve systems – nearly 30 million distributed in the North American market – may be defective. Tech International, a U.S. distributor, also recently issued a recall of 6 million of the Chinese-made valve stems, which have been tentatively linked to the fatal SUV rollover crash in Orlando.

Continue reading " Defective Tire Valve Systems Could Be Widespread " »

The U.S. Consumer Product Safety Commission has announced a child product recall of two different brands of cribs – about 1,300 units of Mother Hubbard’s Cupboards full-size wooden cribs and 500 Davenport cribs, whose importer, Baby Appleseed, is based in City of Industry California. No injuries have been reported concerning either of these defective products.

According to a CPSC alert, all these cribs fail to meet federal safety standards because the distance between the mattress support bracket in the lowest position and the top of the side rail in the highest position is less than the required 26 inches, posing a fall hazard to children who climb over the railing. These cribs were sold at most children’s stores from March 2006 to March 2008 priced between $500 and $800.

Consumers are asked to stop using these cribs and are asked to contact the manufacturer for instructions on how to re-install the support brackets to eliminate this hazard. For more information about the Mother Hubbard recall, please call the manufacturer toll-free at 1-888-661-8201 or visit their Web site at www.mhcfurniture.com.

Continue reading " Defective Cribs Recalled - CPSC Issues Safety Alerts " »

Tire tread separation may have caused a Las Vegas casino worker shuttle bus crash on Interstate 15, which injured 29 people including three who remained hospitalized. According to an Associated Press news report, Nevada Highway Patrol officials say preliminary results of an investigation show that the bus had a defective tire.

Of the 33 people in the AWG Charter Services bus, 29 were reportedly taken to area hospitals with injuries from cuts to broken bones. The injured victims were casino and mall employees returning to Las Vegas from Herbst Gaming Inc. in nearby Primm. A fire spokesman told the Associated Press the driver’s side front tire looked like “it went through a meat grinder.”

I’m relieved that this bus accident did not result in catastrophic injuries or fatalities. It could have been a lot worse. Although many of the accident victims seem to have suffered minor injuries, I would urge them to get thoroughly checked out to ensure they have not suffered any internal injuries or other spinal or neck injuries that are typical in these types of bus accidents.

Continue reading " Defective Tire Caused Las Vegas Casino Bus Accident, Officials Say " »

Zimmer Holdings, which is the country’s largest producer of orthopedic devices, has said it will suspend sales of a potentially defective medical product, the Durom cup, which is an artificial hip component that some doctors have said is failing in patients at a high rate. According to an article in the New York Times, the Durom cup has been implanted in more than 12,000 patients since it was first sold in the United States in 2006. Zimmer’s own data and interviews with doctors shows that hundreds of patients might need early replacement of this component in the coming years because it is failing and not working the way it was supposed to.

Zimmer is not admitting that their product is defective. Of course not. But they concluded in their own investigation that even some experienced surgeons are finding it difficult to implant because it calls for a higher degree of precision. Blame the problems on the doctors. Company officials say they plan to resume sales of the Durom cup once specialized training for doctors has begun. We’ll see.

The issue with the Durom cup came up in April when Los Angeles surgeon Dr. Lawrence Dorr, issued a public warning to other orthopedists about the cup failing in his patients and the problems they were experiencing. Dr. Dorr has said that the cup is simply a badly designed defective product and that he wouldn’t consider reusing it on his patients.

Continue reading " Potentially Defective Medical Device, ‘Durom Cup’ Has Production Suspended " »

Nissan Motor Co. is recalling 169,202 of its 2007 and 2008 model year Sentras because of defective auto products (brakes) that could fail and cause an automobile accident. According to a news report on consumer watchdog website, Consumeraffairs.com, the brake master cylinder might leak fluid causing one of the brake circuits in the vehicle to fail, increasing the risk of a crash.

Owners of these vehicles can expect to start seeing their recall notices in the mail. Nissan dealers have already started inspecting the braking systems on the defective Sentras. If the brake fluid is found to be leaking, the manufacturer will replace the master cylinder free of charge.

Chrysler is also recalling about 5,500 of its 2008 Chrysler 300, Dodge Magnum and Charger sedans, according to another Consumberaffairs.com report. These vehicles reportedly have a manufacturing defect that could cause the half-shaft in the rear wheel drive vehicles to disengage from the wheel hub causing the vehicle to lose power and crash without warning. Chrysler dealers will replace the rear axle hub nuts free of charge. For more information, please contact Chrysler at 1-800-853-1403.

Continue reading " Nissan and Chrysler Issue Recalls For Defective Auto Components " »

Federal officials have recalled Baby Trend brand child car seats with defective safety seat bases, which could fail to protect children during an auto accident. According to an article in the consumer watchdog Web site, Consumeraffairs.com, the seats involved in the recall are Magnum (model number 6439), Galaxy (model number 6481), and Silverado (model number 6448). The recalled 6400S seat bases were sold separately and manufactured between May 14, 2007 and April 1, 2008.

The National Highway Transportation Safety Administration (NHTSA) has issued a safety alert about these defective child car seats as well. Those who own these defective children products are asked to stop using them immediately and contact Baby Trend at 1-800-328-7363 to obtain a free replacement base.

According to a NHSTA report, the latch connector locking pawl can crack allowing the child safety seat base to detach from the vehicle’s latch anchors during an auto accident. NHTSA warns consumers that these defective safety seat bases can fail to protect children, especially in a high-speed or severe collision.

Continue reading " Baby Trend Child Car Seats Recalled For Defective Bases " »

A federal court judge has ruled that Ford Motor Co. must defend a lawsuit claiming that the auto maker fraudulently induced a family to settle a claim over a death in an Explorer rollover accident by keeping key evidence about product defects under wraps. According to a Bloomberg News report, the family of James L. Haffey sued Ford after he was killed in 1997 when the driver of the Explorer lost control of the vehicle after a Firestone Inc. tire broke apart.

The Haffeys settled with Ford for $500,000 and with Firestone for an undisclosed amount. But they filed a new claim in 2001 after reports linked Explorer rollovers to Firestone tire failures. This new lawsuit alleges that the auto maker withheld evidence to settle for a lot less than what the case was worth. Haffey’s wife, Barbara, who was the driver of the Explorer at the time of the rollover accident and their three children will also seek unspecified damages. The suit also alleged Ford was aware of design flaws and problems with the Firestone tires on the Explorer, but did not disclose this information as required before trial.

This is very typical, not only for Ford, but most auto makers who routinely hide data and key information about auto product defects from consumers. I’m glad that the federal court judge ruled in favor of the plaintiffs who suffered a huge loss as a result of a defective tire on the Explorer, which triggered the fatal rollover crash.

Continue reading " Product Defect Lawsuit Against Ford Motor Co. Sent To Trial " »

A couple in Springdale, Arkansas, is fighting for the recall of a defective bassinet, which they say caused their infant daughter to choke to death last year. According to this news report, the tragic choking death of the infant in Springdale, Arkansas, has prompted the parents of the baby to fight for the recall of the bassinet.

Elizabeth Simon had put her baby Katelynn down for a nap Sept. 29. Three hours later, she saw the baby had turned blue. Katelynn, who had been sleeping in a Simplicity 4-in-1 bassinet, had become wedged in a 4-inch gap between the mattress and the rail. An investigation proved Katelynn died from asphyxiation and police said the defective design of the bassinet was to blame for the baby’s death. Now, Simon and her boyfriend, Chris Priddy, are fighting to force the manufacturer to recall these defective products, which are still being sold.

U.S. Consumer Product Safety Commission (CPSC) officials say they are still investigating the claim. But it has been 10 months since Katelynn died and the defective product has still not been recalled. The bassinet that Simplicity currently sells in the market is identical to the one that caused Katelynn’s death.

Continue reading " Infant’s Death Leads To Demand For Recall Of Defective Bassinets " »