Product Defect Liability Lawyer Blog

The Consumer Product Safety Commission (CPSC) has recalled 44,000 products including Halloween Casper ghost-shaped tea light candle holders and figurines because of fire and lead paint hazards, according to its consumer alerts.

CPSC has received five reports of the tealight holders catching on fire and one report of the holder getting too hot. Two consumers are said to have suffered burns to their hands. Some minor property damage has also been reported.

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A family in Fort Worth, Texas, has filed a product liability lawsuit against Ford Motor Company in connection with a Ford Crown Victoria accident that killed a police officer in December 2006. Officer Dwayne Freeto, 34, was killed when his police squad car exploded and burst into flames on Interstate 35 in Fort Worth. The explosion occurred after he was rear-ended by a drunk driver. The family’s lawsuit is alleging that Ford was negligent in its design of the Crown Victoria gas tank. Our source for this blog was a CBS News report.

The lawsuit also alleges that Ford has been aware of the defective gas tank design in the Crown Victoria for years, but has done nothing to rectify it or make it safer for consumers. Apparently, this lawsuit is one of many across the Unites States claiming a faulty design in Crown Victoria cars. According to the Center for Auto Safety, since 1992 more than 100 people have been killed in rear-end collisions involving a Crown Victoria. More than 30 of these casualties included police officers.

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The U.S. Consumer Product Safety Commission has released a report stating that serious injuries and deaths caused by all-terrain vehicles (ATVs) have increased for the eighth straight year. Children under age 16 continue to suffer a significant portion of these injuries. The complete 2007 Annual Report of ATV-Related Deaths and Injuries may be viewed here.

This new report does not come as a surprise. With the increased use of ATVs, especially by teenagers and young children, the number of injuries and fatalities among ATV users has been consistently increasing over the last 10 years. These numbers show that CPSC’s efforts to stem the tide have been completely ineffective. To make matters worse, the ATV industry itself has done nothing to make these dangerous vehicles any safer for consumers. There have been several recalls of dangerous and defective ATVs over the last two years. These vehicles have posed significant risk of severe injury and death to consumers.

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Chrysler is recalling 3,663 of its 2007-08 Dodge Nitro vehicles and 2008 model Jeep Liberty vehicles for defects in the parking brake lever that could result in a crash. According to an October 20, 2008 article on Edmunds.com, Chrysler has received 24 reports alleging various degrees of reduced effectiveness of the parking brake system. One report alleged that the defective brake system caused a vehicle to crash.

The National Highway Traffic Safety Administration (NHTSA) states in its recall summary that the park brake lever clutch drum may “distort and reduce the effectiveness of the park brake system.” This could essentially allow the vehicle to move suddenly and inadvertently and cause a crash without warning, the federal agency warned. This recall involves Nitro and Liberty vehicles equipped with manual transmissions that were manufactured before February 2008. Chrysler dealers will replace the lever assembly for free once the recall begins later this month. Owners are asked to contact Chrysler at 1-800-853-1403 for more information about this recall.

Parking brake defects are extremely serious and can lead to catastrophic injuries or death in the event of an accident. We have seen many cases where an ineffective parking brake system can cause a vehicle to roll back without warning and run over unsuspecting victims. Auto collisions are also likely.

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The National Highway Transportation Safety Administration (NHTSA) has opened an investigation into more than 1 million Ford Motor Co. vehicles after receiving numerous complaints about defective tire valve systems manufactured by a Chinese company. According to this Associated Press news report, the federal safety agency stated that more than 4,700 complaints about these faulty tire valve systems have been filed. The valves become severely cracked and cause air to leak from the tires. The defective valves were blamed for a fatal rollover crash involving a 1998 Ford Explorer in November 2007.

Ford officials say the government investigation involves all vehicles with the tire valves, including 12 vehicles from the 2007 model year cited by the government. Ford officials also say they have “received some complaints, but no reports of crashes or injuries.” These valves are used in most Ford vehicles except for some models of the F-Series Super Duty Trucks and Econoline vans. The vehicles involved in the investigation include the Ford F-150, Mustang, Edge, Fusion, Expedition, Explorer, Focus and Escape, and the Mercury Grand Marquis, MKX, MKZ, and Milan.

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The 2008 Ford Escape Hybrids, used as taxis in New York City, are “unsafe” because collisions and rollover accidents involving these vehicles often end with the driver being hospitalized and a total loss of the vehicle, according to this news report. The report was based on a study by noted automotive engineer, C. Bruce Gambardella, who looked into several accidents, including one serious New York City rollover accident. The Taxi and Limousine Commission requested the study after reports of an increasing number of hybrid taxi rollovers.

The Ford Escape Hybrid apparently received only a three-star rollover resistance rating from the National Highway Transportation Safety Administration (NHTSA) when compared with another more popular taxi model, the Crown Victoria, which received a five-star rating. This is a tough challenge for New York taxi owners and drivers because they face a possible city-wide hybrid taxi mandate that was scheduled to go into effect this month. This mandate would essentially get rid of the Crown Victoria taxicabs and require taxi owners to drive vehicles such as the Ford Escape.

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Delta Enterprises has recalled about 1.6 million cribs after two 8-month-old infants suffocated and died as a result of the defective beds. According to an October 21, 2008 MSNBC news report, both of the infant deaths involved babies getting trapped in a gap created when the movable side of the crib came off its guide track. Delta officials say that both of these tragic incidents also involved safety pegs that are intended to prevent the drop side from lowering too far and sliding off the track. If these pegs are not installed or if they fail to engage, the drop side of the crib can detach, creating a gap where babies can get trapped and suffocated.

Consumers are asked to stop using the drop-side cribs right away if the safety pegs are missing. The first child fatality occurred in May 2007 in Bryan, Texas. That infant girl died because the safety pegs were not installed on her crib. The second reported death happened more than a year later in July 2008 when an 8-month-old boy in Tallahassee, Florida, suffocated after a safety peg failed and allowed the drop side to detach.

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An Ontario, California boat manufacturer has been ordered to pay $4.3 million to Stacey Lowry. The Chino Hills resident lost her leg in an August 4, 2004 boating accident in Lake Havasu. According to an article in the Inland Valley Daily Bulletin, Lowry filed the product liability lawsuit against Johnson Marine Supplies Inc. a year after the 8/4/2004 accident.

The accident occurred when Lowry’s husband, Paul, had tried to put the throttle of the boat in reverse. The boat then surged causing it to hit a cement sea wall. Stacey Lowry’s leg was crushed and as a result, had to be amputated. Lowry’s lawsuit alleged that the boat had a defective retainer clip that was not installed properly.

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http://www.bestattorney.com/defective_auto_part.htmlHyundai-Kia has issued two recalls for its Hyundai Elantra models because of defective airbags, Consumeraffairs.com reported October 18, 2008. The first recall involves about 150,000 Hyundai Elantra 2001 models for a problem with the front airbag sensor. Company officials say the airbags might not deploy during a crash if liquids had spilled in the cup holder on the central console and dripped onto the airbag control module. Once the recall begins, dealers will install a protective cover to fix the problem.

The second recall involves 2001 and 2002 Elantras with defective side impact airbags, specifically with the side airbag wiring harness mounted under each front seat.
Apparently, material placed under the front seats could cause the wiring harness to malfunction, which could prevent the airbags from deploying during an auto accident.
Dealers will provide new harness attachments and connector clips to correct the problem. Consumers looking for more information may contact the National Highway Traffic Safety Administration (NHTSA) at 1-888-327-4236 or visit www.safercar.gov.

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Playkids U.S.A. is recalling about 2,000 convertible cribs after the death of a 5-month-old child in Brooklyn, N.Y. According to an October 16, 2008 news report in Consumeraffairs.com, the infant suffocated and died after getting trapped between the mattress and the drop side rail of the crib. The sides of the convertible crib are apparently made of a mesh that expands, creating a gap between the mattress and the side through which an infant can slip and get trapped.

The U.S. Consumer Product Safety Commission also issued an alert about this serious product defect, which poses a significant hazard to young children. This recall specifically involves the Playkids U.S.A. convertible crib/playpen/bassinet/bed with model number PLK-909. “Playkids U.S.A.” can be found on the packaging and on a label attached to the side of the crib. The model number can be found on the crib’s packaging. These defective convertible cribs were sold in juvenile product retailers in New York from March 2007 through September 2008 for about $100.

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Nissan Motor Company is recalling more than 200,000 vehicles to repair a defective sensor system that could affect the passenger side airbag. According to this October 15, 2008 Associated Press news report, the recall includes about 140,000 Nissan Altima cars from the 2007-2008 model years as well as the 2007-2008 model years of the Infiniti EX35, G35 Sedan, G37 and the Nissan 350Z, Murano and Rogue.

So far, there have been no reports of injuries or crashes due to the defective auto products. Officials were apparently alerted to the product defect during some internal testing. The recall affects all the Nissan vehicles that come with the Continental Automotive Systems’ Occupant Classification System control units. Nissan officials suspect that an electronic component in the control unit located in the passenger seat cushion may have been built out of specification. That could cause a signal interruption in the sensor system preventing the airbag from deploying during a crash. Recall notices are expected to go out to consumers in November. Owners with questions are asked to call Nissan at 1-800-647-7261 or Infiniti at 1-800-662-6200.

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The American Association for Justice (AAJ) has a very timely report out titled “Get Out of Jail Free”. This report, based on Freedom of Information Act (FOIA) requests, tells the story of a partnership, if you will, between the Bush administration and corporate lobbyists to use a wide array of federal rulemaking to diminish or negate consumer rights, especially with regard to dangerous and defective products.

This strategy has already been used by the Federal Drug Administration to shield manufacturers of defective drugs and medical devices; by the National Highway Transportation Safety Administration with regard to vehicle roof crush in rollover accidents; and by the U.S. Consumer Product Safety Commission with regard to the issue of mattress fire safety. Each of these agencies has issued at least one ruling, which states that as long as a product meets the requirements spelled out by those rules, consumers have no right to take those manufacturers to court even if people have been injured or killed.

This Wall Street Journal story also discusses how the Bush administration has authored language “aimed at pre-empting product liability litigation to 50 federal rules that govern everything from motorcycle brakes to pain medication.”

AAJ must be commended for taking the initiative to find out the truth and tell the story about how our lawmakers and leaders who should be working to protect our legal rights are in fact, doing the opposite. AAJ’s report shows how helping large corporations and industry giants dodge accountability for dangerous products, has been one of the Bush administration’s top priorities.

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Effikal LLC. of Orion, Michigan, has recalled 45,000 of its defective gas vent dampers, which could malfunction and leak poisonous carbon monoxide gas. According to an October 9, 2008 alert issued by the U.S. Consumer Product Safety Commission, these automatic gas vent dampers could fail suddenly. And if the blocked vent switch does not activate, the vent could leak carbon monoxide gas posing a risk of carbon monoxide poisoning to consumers. So far no injuries or fatalities have been reported as a result of this product defect.

Consumers are asked to stop using these products right away. This recall involves Effikal RVGP-PC gas vent damper unites – sizes 4, 5, 6, 7, 8, 9 or 10 that are installed with various gas boiler systems. A complete list of those boilers may be found either on CPSC’s Web site or the firm’s Web site, www.effikal.com. The vent damper date code is located on a sticker under the motor assembly cap on the plastic base. Serial numbers can be found on a label on the side of the damper’s cap.

The products were reportedly sold by plumbing and heating wholesale distributors to plumbers and contractors nationwide from August 2007 to July 2008. The boilers ranged in price from $1,000 to $4,000 and the gas vent dampers were sold as part of these gas boiler systems. Consumers who own these defective units should contact their installer to confirm they have a recalled vent damper and receive a free vent damper replacement. Consumers are asked to call Effikal at 1-866-790-3739 for more information.

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The family of 25-year-old firefighter, Scott Charlson, who was killed in an August 5, 2008 helicopter crash while fighting a wildfire in the Shasta-Trinity National Forest, has filed a wrongful death lawsuit against an Oregon-based helicopter company and three other firms. According to a news report in The Oregonian, nine firefighters were killed in this helicopter crash and four survived.

The lawsuit, filed by Richard and Nina Charlson, in California Superior Court in Shasta County, names Carson Helicopters Inc. of Grants Pass, Sikorsky Aircraft Corp. – the manufacturer of the helicopter that crashed, United Technologies Corp. and General Electric. The helicopter reportedly crashed moments after taking off. An investigation by the National Transportation Safety Board (NTSB) determined that the helicopter lost power to its main rotor as it took off.

Attorneys who have brought lawsuits against Sikorsky Aircraft Corp. in the past say the circumstances of this Shasta crash are similar to four other aviation accidents that recently killed or seriously injured West Coast pilots flying Sikorsky S-61 helicopters. A striking similarity in all crashes is that they happened during take off. All these aviation crashes were caused by a failure of the clutch mechanism, which connects engines to the helicopter’s main rotors.

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Chance Rides Manufacturing Inc. has recalled about 85 defective Yo-Yo amusement park and carnival rides. The Wichita, Kansas based amusement park ride manufacturer recalled the rides to repair defects that reportedly caused two serious accidents. According to this October 8, 2008 news report, a Yo-Yo ride collapsed in May at the Calaveras County Fair and Jumping Frog Jubilee in Angels Camp, California, injuring 23 people. Also, in March 2006, a Yo-Yo ride at Six Flags in Arlington, Texas malfunctioned. Nine people suffered bruises as well as back and neck injuries in that ride accident.

The Yo-Yo ride basically has a series of metal arms extending from a rotating hub. A chair is attached to the end of each arm by a chain. The arms and the chairs swing outward as the hub rotates and picks up speed. , The Consumer Product Safety Commission announced in a product safety alert that Chance Rides Manufacturing will distribute kits to ride owners to help inspect and repair these defective rides. The manufacturer has also agreed to offer new maintenance guidelines for the rides.

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Wal-Mart has recalled 210,000 defective General Electric toasters after receiving 140 reports of fires and sparks. A Consumer Reports Safety Blog states that two models, a two slice and four slice unit, were included in the recall. According to a September 30, 2008 recall notice by the U.S. Consumer Product Safety Commission, the toasters have also tripped the circuit breaker in a number of consumers’ homes. So far 140 fires have been reported as a result of these defective toasters.

The recalled toasters have a chrome steel body and a black plastic base and controls. The GE logo is located on the front of the toasters just above the controls. The model numbers included in the recall are 169115 and 169116. The model numbers can be found on the bottom of the toaster. These defective units were sold at Wal-Mart stores nationwide between September 2007 and July 2008 for between $17 and $28. Consumers are asked to stop using these recalled toasters immediately and return them to any Wal-Mart for a full refund or replacement toaster. Those who would like more information are asked to call Wal-Mart at 1-800-925-6278 or visit their Web site at www.walmartstores.com.

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BMW’s MINI Cooper division is recalling the 2009 John Cooper Works and JCW Clubman models because of a defective brake system. According to an October 8, 2008 news report on Consumeraffairs.com, MINI stated that vehicles could experience reduced braking performance under conditions of intense brake usage. In its filing with the National Highway Transportation Safety Administration (NHTSA) MINI stated the vehicles equipped with 16-inch diameter front brake discs rather than 17-inch discs are at risk. This product defect could potentially lead to a serious crash.

MINI dealers will inspect the front brake discs and pads of the recalled vehicles and, if necessary, replace them at no charge to the owner. So far, no accidents or injuries related to these defective brakes have been reported, MINI officials said. JCW owners should look for a recall notice in the mail this month. Owners may also contact BMW at 1-866-275-6464 or by e-mail at mini.assistance@askminiusa.com to make inspection arrangements after receiving their recall notice.

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Viessmann Manufacturing Company Inc. of Canada, in cooperation with the U.S. Consumer Product Safety Commission (CPSC), is recalling 4,600 defective Vitodens 200 boilers. According to an October 2, 2008 consumer alert issued by CPSC, these boilers can leak gas, posing a serious fire hazard to consumers. So far, no incidents or injuries relating to this product defect have been reported.

These gas-powered boilers are white, wall-mounted and have “Viessmann” and “Vitodens 200” printed on the exterior in silver letters. The boiler’s model number is located on the silver rating plate on the side of the boiler. For a complete list of Vitodens boiler model numbers, please refer to the CPSC alert. If you own one of these defective boilers, please contact your certified HVAC contractor to open the boiler and locate the serial number. The serial number can be found on a white label on the side of the boiler or under the bottom of the support panel.

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The Consumer Reports Safety Blog has an interesting article about a federal investigation into defective tire valves being imported by Dill Air Controls Products. According to this blog, the investigation, which began in May, may lead to a massive recall of about 23.5 million defective Dill tire valves installed between August 2006 and July 2007.

These defective tire valves have caused several documented auto accident fatalities as well as a number of injuries. In fact, the investigation began after a fatal rollover crash of a 1998 Ford Explorer, which allegedly occurred because of a defective Dill valve. In September another serious accident involving a 2001 Toyota Sienna was believed to have been caused by a cracked and leaking Dill Tire Valve.

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The new federal roof crush rule, which has been delayed several times already, may not be out until Dec. 15, the Detroit News reports. U.S. Transportation Secretary Mary Peters is saying that they need to do more “regulatory analysis” to issue a long-awaited update of a 35-year-old regulation concerning vehicle roof strength.

The importance of this new rule is underscored by the high number of vehicle rollover fatalities in the United States. Each year at least 10,000 people die in vehicle rollover accidents, according to the National Highway Transportation Safety Administration (NHTSA). The agency’s proposal in January that required a roof to withstand a force equal to 2.5 times the vehicle weight was met with criticism from consumer and safety advocates who said it was inadequate. The current standard requires vehicles only to withstand a force equal to 1.5 times the vehicle’s weight, which is woefully insufficient.

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BRP U.S. Inc. is recalling about 1,200 defective Can-Am youth all-terrain vehicles. The ATVs can end up causing serious injury or death to young riders or bystanders, according to an Oct. 2 news report on Consumeraffairs.com. The report states that if the rider is ejected and the cord strap is pulled, the shutoff switch can fail to disable. This could essentially lead the ATV to operate uncontrolled until the engine returns to idle.

This recall involved model year 2008-2009 Can-Am DS 90X ATVs. The model name is usually printed on the vehicle’s side panels. These ATVs, made in Vietnam, are black with yellow and orange trim. They were reportedly sold at authorized Can-Am dealers nationwide from August 2007 through September 2008 for about $3,400. Parents are urged to stop their children from using these ATVs immediately and contact a Can-Am dealer to schedule a free repair. Consumers can also expect to receive their recall notices from BRP in the mail soon.

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Most child booster seats used in vehicles do nothing to protect children during a crash, according to a report released by the Insurance Institute of Highway Safety. In fact, the agency says that its first ever review and test of nearly 50 different child booster seats showed that these seats are potentially dangerous for young children in the event of a car crash.

To test these seats, IIHS placed them inside late model vehicles as instructed by the booster seat manufacturers. The researchers then crash-tested them to see the potential impact on the child dummies that were placed on these booster seats. Researchers found that the seats performed so poorly that they couldn’t recommend the booster seats at all. They found that the booster seats don’t restrain children during auto accidents, but rather simply position children so lap and shoulder belts are in the right place to restrain them.

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