Product Defect Liability Lawyer Blog

Razor USA has issued a recall of about 30,000 Dirt Quad Electric Power Ride-On Vehicles for a defective control module on it’s throttle, which can fail and cause this off-road all-terrain vehicle to unexpectedly accelerate forward. Such a failure poses a risk of serious injury to the ATV user or a bystander, according to a Sept. 25 article on the watchdog Web site, Consumeraffairs.com. The U.S. Consumer Product Safety Commission (CPSC) has also issued an alert about this defective all-terrain vehicle.

Razor USA, which is based in Cerritos, California, has received 60 reports of these vehicles unexpectedly surging forward. Two of these reports involved injuries. This particular recall involves Razor Dirt Quad electrically powered ride-on vehicles. The product ID numbers included in the recall begin with 103110-01 or 103110-02. These numbers are located on the bar code attached to the right step of the vehicle, on the charger and on the retail packaging. Product ID numbers beginning with 103110-03 or later are reportedly not included in this recall. These defective ATVs, which were manufactured in China, were sold by authorized dealers all over the United States between August 2006 and September 2007 for about $400.

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Federal investigators are saying that a blown tire may have caused the Learjet chartered plane crash in South Carolina. The plane crash victims included four Southern California residents and two celebrity musicians – former Blink 182 drummer Travis Barker and disc jockey DJ AM aka Adam Goldstein. The celebrity musicians were the only survivors of the crash, suffering serious burns. According to a Sept. 22 article in The Orange County Register, those who died in the crash were Sara Lemmon, 31, of Anaheim Hills; James Bland, 52, of Carlsbad; Chris Baker, 29; and Charles Still, 25. The musicians who suffered severe burns are expected to survive and recover.

Investigators for the National Transportation Safety Board (NTSB) said the cockpit crew reported the tire blowout to the air traffic controller. A recording obtained by investigators also indicates what seemed to be a tire blowout. According to air traffic controllers at Columbia Metropolitan Airport in South Carolina, they saw sparks fly from the Learjet. NTSB investigators say pieces of tire recovered from the runway indicated that Goodyear Tire & Rubber Co. manufactured the tires for Learjet. The jet, headed for Van Nuys, is owned by Global Exec Aviation.

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General Motors is recalling 42,408 of its 2008 and 2009 Saturn Vue crossovers because the power steering fluid in these vehicles could leak onto the exhaust system causing hazardous vehicle fires. According to an article on Consumeraffairs.com, the National Highway Transportation Safety Administration (NHTSA) reported that some of these vehicles have a condition in which “the nut securing the power steering line to the power steering pump may loosen.”

As a result of the nut loosening, the fluid could leak from the power steering system and come in contact with hot exhaust components. This condition increases the likelihood of an engine compartment fire, which could result in injuries or fatalaties, NHTSA officials warn.

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Last week, retailers and the U.S. Consumer Product Safety Commission (CPSC) recalled about 600,000 Simplicity drop-side cribs because of an entrapment and suffocation hazard, Consumeraffairs.com reported. This alert is the latest in a series of safety warnings and recalls that have to do with Simplicity baby furniture, especially cribs and bassinets.

Apparently, the drop side in these defective cribs can come off of the tracks creating a dangerous gap where infants can get trapped, suffocate and die, according to this CPSC alert. Large retail outlets such as Wal-Mart have been pulling Simplicity bassinets off of their shelves after they were said to be responsible for the deaths of two infants. With the drop-side cribs, there have reportedly been at least nine incidents where the drop side detached, but so far there have been no reports of injuries or death.

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More than 190,000 folding soccer nets sold under the brand names MacGregor and Mitre are being recalled after a 20-month-old boy fell through the mesh of the netting and was strangled to death by the cords. The U.S. Consumer Product Safety Commission (CPSC) has so far received two reports of head entanglement in the netting and that’s including the toddler who died. According to the CPSC alert, the openings in the netting are too large and pose a danger to young children.

CPSC officials say the nylon mesh nets have 5-inch spaces between them instead of 4-inch spaces. The recalled goals with these product defects have a foldable white frame with a white net that is attached by Velcro strips. The MacGregor soccer goal reportedly has model number 97236 printed on the assembly instructions and UPC code number 029807972365 printed on the net’s packaging. The Mitre soccer goal has model number 89186 printed on the assembly instructions and UPC code number 029807891864 printed on the net’s packaging. Nets manufactured after April 2007 with 4-inch by 4-inch square openings are not included in the recall. These nets were sold at Wal-Mart, Ace Hardware and sports and toy stores across the country from May 2002 through May 2008 for $26.

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A number of top retailers stopped selling defective Simplicity bassinets that had recently led to the death of at least two infants in Kansas and Missouri. This week, the U.S. Consumer Product Safety Commission (CPSC) issued another safety alert stating that bassinet models with the Graco logo and other models with Winnie the Pooh motifs were also included in the 900,000 defective bassinets that were part of a CPSC-issued alert. Graco also issued a notice on its Web site warning consumers about 17 Simplicity-made bassinet models that carry the Graco logo because of a past licensing agreement with Simplicity.

This action by Graco is the latest development in this product safety issue that has put Simplicity out of business. The company refused to issue a voluntary recall even after the product defects were pointed out. So CPSC issued a safety alert on Aug. 28 asking parents to stop using the 3-in-1 and 4-in-1 convertible Simplicity bassinets. Large retailers such as Wal-Mart and Babies ‘R’ Us also pulled these Simplicity bassinets off of their shelves.

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Last week, our firm filed an auto product liability and wrongful death lawsuit against Suzuki Motor Corporation on behalf of our client, Steven Bardonner and his minor children. Andrea Bardonner, Steven’s wife, died after the Grand Vitara sport utility vehicle she was in rolled over causing her seatbelt to fail. We are representing Bardonner and his two minor daughters who suffered serious, permanent injuries in this fatal Suzuki Grand Vitara rollover accident.

Andrea Bardonner and her daughters, Nichelle and Makayla, were traveling on Highway 16 near Alberta, Canada when the driver lost control. The Vitara rolled over and Bardonner was ejected through the vehicle’s window after her seatbelt failed and died on the scene. Both her daughters suffered severe injuries. According to the court documents filed in Orange County Superior Court, the Vitara had insufficient lateral and roll stability that caused it to overturn. The Bardonners are seeking unspecified monetary damages to compensate for medical expenses, loss of past earnings and future earning capacity, funeral and burial expenses, wrongful death, pain and suffering.

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In the last three years, more than 1.5 million full-sized cribs have been recalled for a variety of product defects. A majority of them have been recalled because of failures of the hardware or of the wooden slats and spindles, according to this Consumer Reports article. These are serious product defects, which can result in strangulation, entrapment and fall hazards. These defects reportedly contribute to more than 11,000 serious crib and mattress-related injuries every year and about 32 deaths each year in children under 5 years of age.

Cribs account for more deaths than any other children’s products and about 25 percent of crib-related deaths were a direct result of broken or missing components. The article says that the problem here may be with the safety standards. While ASTM International, a standard-setting organization, requires durability testing for crib mattress supports and side rails, there is no such mandate for spindles, slats or drop-side hardware that can wear out and fail as a result of repeated use.

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A Boy Scout has filed a lawsuit against Southern California-based meat producer, S & S Foods, alleging that their E. Coli-tainted hamburger meat made him sick while attending Boy Scout camp in Goshen, Virginia. According to a news report by WDBJ-TV, the lawsuit was filed on behalf of the boy, Zachary Yost, by his mother Devon Drew Sept. 5 in the Circuit Court of Rockbridge County.

Nearly 85 people were infected with a highly toxic strain of E. Coli in August 2008 during their stay at the Boy Scout camp. The outbreak was attributed to hamburger meat made and distributed by Azusa-based S & S Foods. Zachary was at the camp July20-26. He reportedly ate the contaminated meat while staying at the camp and on July 26, experienced all the classic symptoms of E. Coli poisoning – cramping, bloody diarrhea, and nausea. He tested positive for E. Coli 0157:H7, the same strain that the hamburger meat also tested positive for. S & S eventually recalled 150,000 pounds of their hamburger meat.

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The U.S. Consumer Product Safety Commission (CPSC) has ordered nine manufacturers – including three in California -- to pay more than $350,000 in civil penalties. According to this Aug. 6 CPSC news release, the fines will basically settle allegations that these companies knowingly failed to report their product defects to the federal agency.

Of these firms, the California based-- Cobmex Inc. of Lakewood, Rebelette International Trading Corp. of South El Monte and Siegfried & Parzival Inc. of City of Industry -- manufactured hooded sweatshirts, jackets or sweaters sold with drawstrings at the hood and neck, which posed a strangulation hazard that can cause death to children. The firms eventually recalled these defective children products.

In 1996 the CPSC drafted drawstring guidelines in children’s wear to help prevent choking or strangulation after a young girl in Florida died when the drawstrings on her jacket got caught in the school bus door. In May 2006, CPSC’s Office of Compliance announced that children’s jackets and sweatshirts with drawstrings at the hood or neck would be regarded as defective and a substantial risk of injury to young children.

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Actavis Totowas LLC., manufacturer of the recalled defective heart drug Digitek, has announced a voluntary recall of all drug products manufactured in its Little Falls, NJ facility. According to an alert posted by the U.S. Food and Drug Administration, the drug manufacturer took this action after an inspection conducted by the FDA earlier this year, found the conditions at the facility to be less than satisfactory.

Hundreds of heart patients around the country have filed complaints against Actavis alleging that its heart drug, Digitek, also known as Digoxin, caused severe side effects because of its dangerous drug dosage. The company recalled the drug after finding out that the tablets contained twice the approved level of the active ingredient.

We have a number of clients who have suffered serious side effects as a result of this defective drug. We are in the process of gathering the medical evidence to support their pharmaceutical litigation cases before filing our own lawsuits. An overdose of this drug, which is normally used to treat heart conditions, may cause nausea, vomiting, dizziness, high blood pressure, cardiac instability or even death. The most recent drug recall includes all products manufactured at that facility that have been supplied to retail outlets, wholesalers and hospitals.

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The U.S. Consumer Product Safety Commission (CPSC) has recalled 24,000 high-end Wolf gas ranges because one of its two new ovens poses a serious burn hazard. According to a Sept. 3 alert issued by the CPSC, delayed ignition of gas in the smaller 18-inch oven can cause flames to shoot out when the oven door is opened. This could possibly cause severe burn injuries, the agency cautions. The company received 97 reports of gas ranges experiencing delayed ignition. Fifteen of those resulted in burn injuries, but there have been no reports of property damage.

This recall involved Wolf’s 18-inch stainless steel gas ranges with the model numbers P48, PS48 and R48. Made in the United States, these defective products were sold at home builder and appliance stores across the country between January 1998 and June 2008. Those who own these gas ranges are asked to stop using the 18-inch oven immediately and contact the manufacturer at 1-866-643-6408 or e-mail Wolf at range18.rework@wolfappliance.com. The company is offering free, in home repair to all consumers owning one of these defective ovens.

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Federal regulators have shut down an investigation of the Toyota Tacoma trucks, which was spurred by more than 400 complaints from consumers whose trucks accelerated suddenly and without warning. Consumeraffairs.com reports that the National Highway Transportation Safety Administration (NHTSA) had been investigating problems with 775,000 Toyota Tacoma pickup trucks sold between 2004 and 2008.

NHTSA talked to 64 consumers, concluding that the unintended accelerations were caused by a “slight engine surge” and “minor engine speed changes.” It also seems that the federal agency buckled under Toyota’s extensive lobbying in Washington claiming that consumers were exaggerating the problems and that the media were engaged in a negative smear campaign against the Japanese automaker. NHTSA received reports of 51 car crashes and 12 injuries allegedly caused by the unintended acceleration.

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Sony is recalling about 73,000 VAIO TZ-series defective notebook computers because they can overheat and cause a fire, posing a burn hazard to consumers. According to an article on Consumeraffairs.com, irregularly positioned wires near the computer’s hinge and/or dislodged screws inside the hinge can lead to the overheating problem. So far, the company has received 15 reports of these product defects. One consumer even suffered burn injuries as a result of the overheating.

The notebook computer models that have been recalled include the VAIO VGN-TZ100 series, VGN-TZ200 series, VGN-TZ300 series and VGN-TZ2000 series. The recall is being conducted with the U.S. Consumer Product Safety Commission (CPSC). Here’s their safety alert.

Not all units of these models are included in the recall. But those who own any of these laptop models are asked to contact Sony to find out if their laptop is included in the recall. If their unit has been affected, Sony officials say the company will arrange for an inspection, and if needed, a repair. The computers were manufactured in Japan and the United States and sold for prices between $1,700 and $4,000 in SonyStyle stores and their Web site between July 2007 and August 2008.

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General Motors Corp. is recalling 857,735 vehicles that come with a heated windshield wiper fluid system for a potential short circuit problem and fire hazard, according to this Aug. 29 MSNBC news report. The National Highway Traffic Safety Administration (NHTSA) warns that the short circuit may cause “other electrical features to malfunction” thereby increasing the risk of a fire and an auto accident.

This latest GM product recall includes 2007-2008 model Chevrolet Silverado, Tahoe, Avalanche and Suburban, Cadillac Escalade, Escalade ESV and EXT, GMC Arcadia, Sierra, Yukon XL and Saturn Outlook. It also involves the 2006-2008 Hummer H2, Cadillac, Buick Lucerne and the 2008 Buick Enclave.

GM’s problem with defective windshield wipers has been ongoing. In fact, according to this 2005 news report, the NHTSA fined GM $1 million to settle charges that the company had repeatedly delayed reporting auto product defects that could result in recalls. Specifically, GM was fined for failing to conduct a timely recall in relation to a windshield wiper defect on its SUVs. Quality control checks revealed this defect immediately after production of the vehicles in October 2001, but GM did not report the defects to the NHTSA as required. This recall, which finally came about in February 2004 involved about 636,000 vehicles.

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Six national retailers say they will stop selling defective Simplicity bassinets said to have suffocated two infants to death, according to a report in consumer watchdog Web site, Consumeraffairs.com, which posted an article Aug. 26 exposing the product defects. The U.S. Consumer Product Safety Commission (CPSC) issued a warning Aug. 27.

These defective Simplicity 3-in-1 and 4-in-1 convertible bassinets contain metal bars spaced farther apart than 2 3/8 inches – the maximum distance allowed by federal standards. These bars are covered by an adjustable fabric flap, which is attached by Velcro. An infant can slip through the opening, become trapped in the metal bars and suffocate, if the Velcro is not properly reattached.

Six large retailers -- Wal-Mart, Toys “R” Us, Kmart, Big Lots, Target and J.C. Penny – have said they will stop selling these defective bassinets right away and give a refund or store credit to consumers who purchased these products. The recall, however, comes too late for 6-month-old Kennedy Brotherton of Shawnee, Kansas, the most recent victim of these defective products. Kennedy slipped between the mattress and side railing after the mattress came loose from the frame, suffocated and died.

Continue reading " Defective Simplicity Bassinets Which Caused Infant Deaths Recalled At Last " »

Wisconsin-based importer Menards is recalling about 42,000, 3.6-volt cordless screwdrivers because the battery can overheat and catch fire while charging causing serious injuries to consumers. According to an article in Consumeraffairs.com, this could pose a fire and burn hazard to users. The problem is there is no protective device on these screwdrivers’ lithium batteries to prevent the overheating. The recalled product was manufactured in China.

The U.S. Consumer Product Safety Commission (CPSC) has issued a Sep. 3 safety alert about the defective tools in its Web site. The CPSC has received reports of major injuries. The agency received three reports of fires. One consumer suffered burns to the hand and another experienced temporary hearing loss. The recalled screwdrivers are green and gray in color. “MASTERFORCE” is printed on the top of the tool. “LITHIUM-ION TECHNOLOGY” and “241-0717” are printed on the handle. The tools were sold at Menards stores from April 2007 through May 2008 for about $30.

Consumers should stop using these defective products immediately. Menards is offering a free replacement or refund. Consumers seeking more information are asked to call 1-866-458-2472 or visit the firm’s Web site at www.menards.com.

These products clearly have the potential to cause a lot of harm. The injuries listed include burns and temporary loss of hearing. We’ve been seeing a number of product defects in numerous products manufactured in China – from tires and toothpaste to toys and tools. Distributors and importers of these dangerous and/or defective products must ensure that there is a quality control process for the products that are being imported and that the standards and procedures are being upheld.

Harley Davidson is recalling 47,579 motorcycles because of a defective fuel filter shell, which could crack and cause fuel pressure loss, according to an August 28 report in Consumeraffairs.com. According to the National Highway Traffic Safety Administration, the loss of fuel pressure can cause “diminished performance” and could even cause an engine to stall, leading to an injury or fatality crash.

The recalled motorcycle models include the 2008 FLHP, FLHPE, FLHR, FLHRC, FLHRSE4, FLHT, FLHTC, FLHTCU, FLHTCUSE3, FLHTP, FLHX, and FLTR. Harley Davidson officials have said they will replace the fuel filter shell for free. Harley owners are asked to contact the company at 414-343-4056.

In Los Angeles County alone there were 59 motorcycle related fatalities in 2006 according to the California Highway Patrol’s Statewide Integrated Traffic Reporting System (SWITRS). There were also 1,528 motorcycle accident-related injuries. In Orange County, there were nine motorcycle accident fatalities and 404 injuries relating to motorcycle accidents in 2006.

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Nestle Prepared Foods Company is recalling about 215,660 pounds of frozen stuffed pepperoni pizza sandwiches sold under the brand name, Hot Pockets, according to this news report. Hot Pockets Pepperoni Pizza is said to contain small pieces of hard red plastic and other “foreign material,” according to a consumer alert issued by the U.S. Department of Agriculture (USDA).

The manufacturer of these defective food products, based in Kentucky, received four complaints from consumers but so far, no reports of injuries. But USDA officials warn that these recalled products bear the risk of serious injury. A spokeswoman for Nestle says that the hard red plastic and a clear flexible rubber-like material could have splintered off from a testing device and be buried in the food products with sharp edges.

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A Colorado Boulevard alleged street racing incident recently caused a horrific and fatal two-car crash according to the Los Angeles Times. An Aug. 30 update to the news report said Andrew Cordova, 15, became the fourth fatality in this Eagle Rock car accident.

According to Los Angeles Police Department Detective Felix Padilla, the incident started with three cars racing in a 35 mph zone of Colorado Boulevard. A Nissan Maxima with five occupants was being driven by Andrew Cordova's sister, Cristyn Nicole, 19, was subsequently hit by a Mistubishi Eclipse that was driven by Eagle Rock resident Rostislav Shnayder. Police said the Nissan then went out of control, crashed into a tree and caught fire. Cordova’s sisters Cristyn Nicole, 19 and Toni Marie, 16 were killed at the scene, as was a family friend, Jason Hernandez, 19. The fifth occupant 19-year-old Carlos Alberto Campos is in critical condition at Huntington Hospital in Pasadena.

What a terrible and senseless tragedy for the Cordova family and friends. My deepest condolences to them.

While this fatal auto accident is still being investigated, Rostislav Shnayder, 19, has been charged with multiple counts of vehicular manslaughter with gross negligence. Speeding and street racing are well known problems in the Eagle Rock section of Colorado Boulevard between the Glendale and Ventura freeways. California Highway Patrol statistics show 108 accidents happened here between 1994 and 2006 that were caused by speeding.

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