Product Defect News And Advice Blog

American Honda Motor Company has recalled about 13,000 off-road competition motorcycles for a defective weld on the right side of the swing arm, according to this news report on Consumeraffairs.com. This flaw could cause the rider to lose control of the motorcycle. These defective vehicles pose a risk of serious injury or death to riders. So far, Honda has received two reports of the swing arms cracking. Company officials say no injuries or deaths have been reported yet.

This product recall apparently involves model year 2007-2008 Honda CRF150/RB motocross competition motorcycles. These vehicles were manufactured in Japan and sold by Honda motorcycle dealers nationwide from September 2006 through October 2008 for between $4,300 and $4,400. Consumers who own one of these defective vehicles are asked to stop using them immediately and contact any Honda dealer to schedule a free repair. Registered owners of these recalled motorcycles can soon expect a direct recall notice in the mail. Those who want more information are asked to call Honda toll-free at 866-784-1870 or visit the company’s Web site at www.powersports.honda.com.

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More and more deaths and injuries are being caused by old tires that are being sold as new in major retail outlets, according to an investigative report by WMC-TV in Memphis, Tennessee. Two lawsuits were filed recently in that state and both involve an August 2007 SUV rollover accident in Arkansas.

Teresa Taylor was driving her 1997 Mercury Mountaineer westbound on Interstate 40 near West Memphis when the tread on her rear driver’s side tire, which she had purchased from a Sears Auto Center just a year ago, peeled off. Taylor lost control of her sport utility vehicle, which skidded across the median and rolled over. This tragic accident killed Teresa Taylor’s 15-year-old cousin, Tevin Pettis, who was a passenger in her vehicle. Investigators found that the tire had a U.S. Department of Transportation code: 2102, which meant that the tire in question was four years old when it was sold as “new” to Taylor.

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Dodge is recalling the Charger and Magnum police car models because of a defective gear shift cable. According to an article on Consumeraffairs.com, company officials say the gearshift cable may become disengaged causing an incorrect gearshift position display. This apparently could allow the vehicle to move without warning and potentially cause a crash.

Dealers will add a redundant locking mechanism to the gearshift cable. The recall began on November 10, 2008. Owners with questions are asked to call 1-800-853-1403 or the National Highway Traffic Safety Administration (NHTSA) at 1-888-327-4236 or visit their Web site at www.safercar.gov.

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Cadillac is recalling its 2009 CTS model vehicles because of defective airbag sensors, which could affect proper deployment of the airbags. Company officials say a software glitch in the passenger sensing system could disable the front passenger airbag when it should be enabled. On the other hand, the glitch could also enable the airbag when it should be disabled. When the recall becomes effective later this month, dealers will reprogram the sensing module free of charge. Our source for this blog was a news report on consumer watchdog Web site Consumeraffairs.com.

Consumers who have questions about this recall are asked to call Cadillac toll-free at 1-866-982-2339 or visit www.gmownercenter.com. More information about this recall is also available on the National Highway Traffic Safety Administration’s (NHTSA) Web site at www.safercar.gov or by calling the federal agency at 1-888-327-4236.

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An excellent investigative report by Channel 10 in Columbus, Ohio, brings to light what auto accident and product liability attorneys, as well as auto safety advocates, have been saying for years. This news report talked to an “automobile industry insider,” who told them that the government has known for decades that its testing system would not go far enough to protect people during rollover accidents.

According to the government’s own numbers, 10,000 people are killed each year in rollover crashes and at least 16,000 suffer catastrophic injuries every year in the United States. The National Highway Transportation Safety Administration (NHTSA) is yet to issue a new rule for vehicle roof crush testing and standards. The antiquated standard, which has remained unaltered for more than 30 years, has allowed auto makers to continue to manufacture vehicles will sub-standard, weak, defective roofs that crush and injure their occupants during a rollover crash.

The NHTSA’s current standard involves a “static test,” which means that vehicles are stationary when the roofs are tested. The problem with such testing is that real rollover crashes do not occur when vehicles are stationary. As we all know, most of these rollover accidents occur when vehicles are traveling at highway speeds. That’s why these static tests simply don’t make any sense.

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The U.S. Consumer Product Safety Commission (CPSC) is investigating the design of “recreational off-highway vehicles” after receiving reports of numerous fatal accidents involving these new, unregulated products. The Yamaha Rhino brand is apparently the main focus of this investigation involving at least 30 deaths. Our source for this blog is a Bloomberg News report.

Used mostly by off-road aficionados and hunters, these vehicle models are larger than all-terrain vehicles (ATVs). Most of the models have two side-by-side seats, a steering wheel and a protective roll cage. Features such as the roll cage place these vehicles outside the current rules for traditional ATVs. Models similar to the Rhino include Polaris’ Razor, Honda Motor Company’s Big Red, Kawasaki’s Mule and the Arctic Cat Prowler. Yamaha, of course, maintains that its Rhino is extremely safe and reliable, yet 30 fatal accidents occurred on their off-highway vehicles.

It is imperative that the CPSC officials take immediate steps to begin regulating these seemingly dangerous vehicles. I hope their investigation looks into inherent product defects and possible design defects, which may have led to the deaths of the people who attempted to ride them. These vehicles obviously look a lot like the ATV and ride like the ATV, but are grouped into a different category because of their larger size and some additional features.

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Bridgestone Firestone has issued a voluntary recall of about 135,000 Firestone brand tires and 27,000 Le Mans tires that were imported into the United States and Canada. According to this news release, the tires manufactured by Bridgestone Firestone in Costa Rica, were produced with insufficient tread base gauge. Company officials said that continued use of these tires, which “failed to meet the company’s internal standards,” may lead to vibration and groove cracking. So far, company officials say no personal injury or product liability claims relating to these defective tires have been filed. Consumers who own these brands of tires will get a free replacement.

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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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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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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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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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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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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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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, 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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