Product Liability Law Blog

The US National Highway Traffic Safety Administration says it has received over 100 complaints involving brake problems related to the 2010 Toyota Prius hybrid. Brake-related complaints have also been filed in Japan.

The Prius is the world’s bestselling gas-electric hybrid, with about 1.6 million sold around the world. According to Japan’s Kyodo new agency, the brakes may temporarily stop working when the vehicle is on slippery or bumpy roads.

In Japan last July, two people were injured when a Prius drove head-on into another vehicle at an intersection. The driver of the Prius said that the car’s brakes were not working. One 2010 Prius owner in the US reported that over a 6-month period, there were 10 instances when the vehicle would accelerate forward for a second as the driver attempted to activate the brakes over a bump or pothole in the road.

Toyota Recalls
This latest news is doing nothing to rehabilitate Toyota’s image as an automaker of safe, reliable cars. In the last two weeks, Toyota has recalled millions of vehicles in the US, Europe, and China over what the auto manufacturer is calling two unrelated accelerator defects. Our auto products liability law firm has been closely following these developments, and you can view our previews posts by clicking on the links below.

Earlier today, US Department of Transportation Secretary Ray LaHood urged owners the Toyota vehicles that were recalled over a sticking accelerator pad to stop driving the cars and get them fixed immediately. However, LaHood later retracted what he is now calling a “misstatement’ and says that vehicle owners can still drive their cars unless there are signs of problems with the gas pedal. Or, he said, “if you are in doubt, take it to the dealership today." On Monday, Toyota announced that it has figured out how to fix the accelerator problem and is shipping new parts to its dealers.

Meantime, federal regulators are also trying to determine whether vehicle electronics are causing the Toyotas to accelerate without warning. USA Today reports that electromagnetic interference may be coming from numerous sources, such cell phones and radar. The Los Angeles Times says that Toyota acceleration-related complaints increased dramatically when electronic throttles were introduced.

Toyota hit by more than 100 Prius brake complaints, The Washington Times, February 3, 2010

Toyota recall: DOT Secretary Ray LaHood pulls back from telling owners not to drive their cars, USA Today, February 3, 2010

Toyota Recalls Another 1.1 Million Autos Over Floor Mat – Gas Pedal Defect, Product Liability Law Blog, January 29, 2010

Gas Pedal Defect Prompts Toyota Recall of Another 2.3 Million Vehicles in US, Product Liability Law Blog, January 25, 2010

Related Web Resources:
3rd Generation Toyota Prius Hybrid, Toyota

Toyota Recall List

Secretary LaHood Statement on Toyota Recalls, US Department of Transportation, February 3, 2010

Continue reading "Toyota Prius is at Center of More than 100 Brake Complaints " »

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Posted In: Automotive Product Liability , Brake Defects , Floor Mats , Gas Pedals

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Expanding upon its auto recall from last November of 4.2 million Toyota and Lexus vehicles, the automaker announced that it is including another 1.1 million vehicles to the recall list. The recall was issued because of the possibility that the gas pedal could get caught on the removable floor mat, causing the vehicle to accelerate to the highest speeds and making it impossible to stop the car even when stepping on the brakes.

Added to the original list of vehicles that were recalled are the:

• Pontiac Vibe: 2009, 2010 models
• Matrix: 2009, 2010 models
• Venza: 2009, 2010 models
• Corolla: 2009, 2010 models
• Highlander: 2009, 2010 models

A floor mat that jammed a gas pedal was the cause of a deadly car crash last August that left one motorist unable to stop the vehicle he was driving. The driver, his wife, daughter, and brother-in-law all died in the Toyota runaway car crash.

The expansion of last November’s recall comes one week after Toyota announced a separate recall, this one involving 2.3 million vehicles because of a problem that can cause the accelerator pedal to stick after its mechanisms become worn (a deterioration that usually occurs gradually). In the event that it does happen, however, the gas pedal may become harder to step on and it may take longer to return to its original position when released. There is also the possibility that it can get stuck in a partially depressed position. Following the recall, the automaker called on its dealers to temporarily stop selling and making 8 of its models until a solution is found.

Bob Carter, Toyota USA group vice president, issued a statement declaring that it was important to the car manufacturer that customers are kept safe and their confidence in the company is restored. Meantime, Toyota has extended its recalls to include vehicles in Europe and China.

Gas pedal and accelerator defects can cause serious personal injury and wrongful death. When a motorist cannot stop a vehicle that accelerates out of control, the chances the auto will drive into oncoming traffic, off the road, or into the vehicle in front of it goes up dramatically.

With Recall Expanding, Toyota Gives an Apology, The New York Times, January 29, 2010

Toyota recalls top 5.3 million vehicle, CNN Money, January 28, 2010

Related Web Resources:
Toyota Motor Corp.

Safecar.gov

Continue reading "Toyota Recalls Another 1.1 Million Autos Over Floor Mat – Gas Pedal Defect " »

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Posted In: Auto Recalls , Floor Mats , Gas Pedals

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A faulty gas pedal that can get stuck has prompted another large auto recall by Toyota in the US. Last Thursday, the car manufacturer announced it was recalling about 2.3 million autos in the US. Toyota will likely recall another 2 million autos in Europe over the same auto defect.

The massive recalls come at a bad time for the automaker, whose reputation for making safe, reliable cars has taken a beating. The National Highway Traffic Safety Administration reports that Toyota recalled more than 4.8 million motor vehicles last year. 4.26 Lexus and Toyota autos were recalled because of acceleration problems that were linked to faulty floor mats and gas pedals that needed to be replaced. Four family members died last August in a California car accident because the driver’s floor mat had jammed the gas pedal, making it impossible for the motorist to stop the car when he stepped on the brakes.

Over 60 incidents involving runaway Toyotas have been reported since last year’s recalls were announced. According to ABC News, many Toyota owners have reported electronic problems that are not connected to their floor mats. On December 26, four people were killed in a Texas car accident when their Toyota sped off the road, hit a fence, and landed upside down. The floor mats had already been removed from inside the vehicles and were found in the trunk.

A USA Today article reports that although Toyota knew as early as last year that there were “sticky-throttle” issues related to the gas pedal, the car maker did not think that the problems were serious enough to warrant a recall. Toyota finally announced a recall last week because the gas pedal defect trend had increased.

Vehicles included in last week’s recall include the:

• Matrix: 2009, 2010 models
• RAV 4: 2009, 2010 models
• Corolla: 2009, 2010 models
• Avalon: 2005 – 2010 models
• Sequoia: 2008 – 2010 models
• Camry: 2007 – 2010 models
• Tundra: 2007 – 2010 models
• Highlander: 2010 model
• Pontiac Vibe: 2009 model

Toyota is still figuring out how to fix the problem. The gas pedal defect appears to involve premature wear on certain parts in the CTS throttle assemblies.

Our auto products liability lawyers would like to offer you a free consultation to discuss your Toyota gas pedal defect case.

Toyota knew of sticky-throttle problem late last year, USA Today, January 25, 2010

TOYOTA RECALL: Reports of Runaway Cars, ABC News, January 21, 2010

Toyota To Recall About 2M Vehicles In Europe Due To Pedal Defect-Source, The Wall Street Journal, January 25, 2010

Toyota issues recall for 2.3 million vehicles, MSNBC, January 22, 2010

Related Web Resources:
Unintended Acceleration: Toyota Addresses the Issues, Toyota, November 6, 2009

Toyota Says Cars to Get Smart Gas Pedals, NY Times, November 25, 2009

Continue reading "Gas Pedal Defect Prompts Toyota Recall of Another 2.3 Million Vehicles in US " »

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Posted In: Auto Recalls , Gas Pedals

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Graco and the Consumer Products Safety Commission are recalling 1.5 million strollers because their canopy hinge mechanisms pose a fingertip laceration and amputation hazard. Already, five children’s fingertips were amputated and two kids suffered fingertip lacerations because they put their fingers in the hinge mechanism while the stroller was being opened or closed.

The Graco strollers affected by the recall are Alano™, Passage™, and Spree™ Strollers and Travel Systems. However, only the travel systems and strollers that have a plastic, jointed hinge mechanism with indented canopy positioning notches are involved. They were available for sale at Wal-Mart, Toys “R” Us, Babies “R” Us, Target, Sears, Kmart, and other retailers between October 2004 and February 2008. You can check the CPSC’s Web site to check if your model number is part of the recall. Consumers should stop using the defective stroller right away and contact Graco for a free repair kit.

It was just two months ago that the CPSC and Maclaren USA recalled about 1 million umbrella strollers after reports of 12 amputation injuries to children. Fingertip amputations and lacerations are very painful, debilitating, and traumatic. Disfigurement can result if doctors are unable to reattach a fingertip, which (depending on the location and severity of the injury), could become a permanent disability, as well as prove emotionally and psychologically damaging to the child. Maclaren CEO Bahman Kia is calling the hinge defect an “industrywide problem.”

Graco is now linked to two of the largest stroller recalls in US history. The stroller maker recalled about 1.1 million strollers in 2005 because two of its models were prone to latch failure. Graco received reports of 529 stroller collapses resulting in 264 injuries to children. One child’s cut required 46 stitches. Another child broke an arm. Other child injuries included pinched fingers, scrapes, scratches, cuts, and pulled muscles.

If your child suffered a fingertip injury because of a defective stroller, our child injury lawyers would like to offer you a free case evaluation. We have helped many families throughout the US recover products liability compensation from negligent manufacturers.

Graco Stroller Recall: 1.5 Million Strollers Called Back, ABC News, January 20, 2010

Graco stroller recall: Is your Graco stroller affected?, The Christian Science Monitor, January 20, 2010

Graco Recalls Strollers Due to Fingertip Amputation and Laceration Hazards, CPSC, January 20, 2010

CPSC, Graco Children's Products Inc. Announce Recall of Duo Tandem and Certain MetroLite™ Strollers, CPSC, July 7 & October 31, 2005

Related Web Resource:
Graco Baby

Fingertip Injuries/Amputations, Hospital for Special Surgery

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Posted In: Injuries to Children & Minors , Strollers

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The National Highway Traffic Safety Administration says that car manufacturers recalled 16.4 million vehicles last year. While there were less recall campaigns overall—492 recall campaigns in 2009 compared to 684 campaigns in 2008, automakers recalled 6 million more autos last year.

Toyota led the car manufacturer list with most vehicles recalled. The car manufacturer’s reputation for passenger safety took a beating after four people were killed when its floor mat on the driver's side jammed a 2009 Lexus ES 350’s gas pedal, causing the vehicle to accelerate to over 100 mph before crashing. Following the fatal car wreck, the Toyota announced a recall involving 4.26 million vehicles—its largest recall ever—to fix acceleration problems. In total, Toyota announced 9 campaigns and recalled 4.87 million autos last year.

Among the other automakers that recalled vehicles in 2009:

• Ford Motor Co.: 8 campaigns that recalled 4.5 million vehicles.

• General Motors Co.: 16 campaigns and 2.2 million autos recalled.

• Honda Motor Co.: 4 campaigns and 454,000 motor vehicles. Honda was the only auto manufacturer to see a drop in the number of vehicles it recalled in 2009 compared to the year before. The car manufacturer recalled 797,000 autos in 2008.

• Chrysler Group LLC: 15 campaigns and 59,000 vehicles.

• Nissan Motor Co.’s Kia Unit: 8 campaigns and 1.3 million autos.

• Volkswagen AG: 8 campaigns and 100,000 recalled autos.

While recalling a vehicle to fix a particular defect is a positive step toward preventing injuries and deaths, car manufacturers should not be designing, making, and selling vehicles that have any type of vehicle defect to begin with. Auto defects are not minor glitches that can be easily fixed. There are lives at stake whenever someone gets in a car that can potentially malfunction because a specific part was defective or poorly manufactured.

Do NOT be intimidated by a giant car manufacturer when it comes to pursuing an auto products liability claim for personal injury or death. Our auto products liability lawyers represents clients who were seriously injured or lost loved ones in car accidents because of structural defects, faulty engines, a seat back defects, a poorly designed seat belts, weak vehicle roofs, defective tires, faulty airbags, or other flawed vehicle parts.

Auto recalls surge in '09, NHTSA says, Detroit News, January 12, 2010

Recalls, NHTSA

Related Web Resources:
Auto Recalls, Justia
Consumer Reports

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Posted In: 15-Passenger Vans , Air Bags , Automotive Product Liability , Floor Mats , Roof Crush , Seat Back Defects , Seat Belts , Sport Utility Vehicle Rollovers , Tires , WIndows

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Ford Motor Co. and a woman who was paralyzed in a 2005 SUV accident involving a defective rear seat latch have reached a confidential auto products liability settlement. The agreement came just after a civil jury awarded Lynn Wheeler $16,444,761 in compensatory damages against Ford and as jury members were getting ready to impose punitive damages.

Wheeler sustained catastrophic spinal cord injuries during a seatback collapse when a car driven by John C. Stanley struck the 2002 Ford Explorer she was a passenger. Wheeler, who was riding in the middle of the backseat of the SUV in between two of her grandchildren, was propelled forward into the vehicle’s center console and the back of the front seat. Meantime, the back seat collapsed over her after the rear seat latch broke.

Her Georgia auto products liability lawsuit accused Ford of designing a rear seat latch that was defective, disregarding safety test results showing that the center lap seat belt wasn’t safe, and, as a cost cutting measure, waiting to install a shoulder restraint for the SUV’s middle seat. A law passed in 2002, but which didn’t go into effect until 2007, now prevents car manufacturers from making vehicles with lap-only seat belts for the rear middle seat.

Wheeler, who is now a quadriplegic, has to use a ventilator and is a confined to a wheelchair. She has three children, nine grandchildren, and has been married to her husband for over 40 years.

The civil jury also held driver John C. Stanley, who was 19 at the time of the head-on crash, liable for $1,271,640 in damages.

Seat Back Defects
Defective seat backs can prove catastrophic for passengers in the event that the seat collapses during an auto accident. Common seat back injuries include spinal cord injuries, which can occur when the rear seat collapses forward and crushes passengers while pushing them into the back of the front seats, and chest and head injuries, which are more likely to occur when the front seat collapses backwards. Children, including those seated in child safety seats, are especially at risk of sustaining fatal injuries during a car crash where a seatback collapse is involved.

Clayton jury returns $17 million verdict, MyCountryPaper, December 26, 2009

Seat failures and occupant restraints, SafetyForum

Related Web Resources:
Ford Motor Co.

NHTSA

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Posted In: Automotive Product Liability , Catastrophic Injuries , Georgia , Seat Back Defects , Spinal Cord Injuries , States

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The Insurance Institute for Highway Safety has published its newest booster seat ratings to help consumers choose the child safety seat that most safely fits their vehicle. Out of 60 booster seats, the IIHS is offering 9 BEST BETS and 6 GOOD BETS based on their ability to fit with vehicle seat belts so that a child is kept secure and protected during a car crash. The IIHS is not recommending 11 of the child safety seats it examined because it says that they don't allow vehicle seat belts to properly fit over child occupants.

Nearly all of the models sold in the United States were included in this latest round of booster seat evaluations. The IIHS intends to rate future models as they are released.

Our child products liability lawyers know how devastating it can be to have your child seriously injured in a car crash because the booster seat that you thought would keep your baby safe was defective, poorly made, or unsafe. It is important that you are given the information that will allow you to select a seat that will keep your child secure during a motor vehicle crash.

Booster Seats that Made the IIHS 2009 BEST BETS LIST:

• Clek Oobr
• Cosco Juvenile Pronto
• Britax Frontier
• Combi Dakota
backless with clip
• Evenflo Big Kid Amp
backless with clip
• Maxi-Cosi Rodi XR
• Recaro Young Sport
• Eddie Bauer Auto Booster
• Recaro Vivo

The IIHS GOOD BETS 2009 List:

• Combi Kobuk 
backless with clip
• Britax Parkway SG
• Maxi-Cosi Rodi
• Graco TurboBooster
SafeSeat Step 3, Wander
• Evenflo Symphony 65
• Graco TurboBooster
SafeSeat Step 3, Sachi

The NOT RECOMMENDED 2009 Booster Seat List:

• Alpha Omega
• Safety 1st All-in-One
• Alpha Omega Elite
• Eddie Bauer Deluxe
• Combi Kobuk
• Eddie Bauer Deluxe 3-in-1
• Harmony Secure Comfort Deluxe
• Evenflo Sightseer
• Evenflo Express
• Safety 1st Alpha Omega Elite
• Alpha Omega Luxe Echelon

A booster seat is supposed to position your son or daughter in a manner that will allow the vehicle’s seat belt to fit over the body better. The shoulder belt should snugly cross over the center of the child’s shoulder and the lap belt should fit over the child’s upper thighs rather than the soft abdomen area. Failure to ensure a proper fit can result in traumatic brain injuries, spinal cord injuries, organ injuries, and death during an auto accident.

It is the responsibility of booster seat manufacturers to make child safety seats that can keep kids safe, are defect free, come with clear instructions for proper use, and caution against any unforeseen hazards.

New booster ratings: 9 BEST BETS & 6 GOOD BETS; 11 out of 60 seats evaluated aren't recommended, IIHS, December 22, 2009

Related Web Resources:
Child Passenger Safety - Studies and Reports, NHTSA

Car Seats, Consumer Reports

Continue reading "IIHS’s New Booster Seat Ratings Offers 9 Best Bets; Doesn't Recommend 11 Child Safety Seats Because of Poor Fit with Seat Belts" »

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Posted In: Child Car Safety Seats , Injuries to Children & Minors , Kids in Cars

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The Consumer Product Safety Commission announced today that it is recalling approximately 213,000 play yards with bassinets because of concern that the infant product posses a suffocation risk. The recall includes Eddie Bauer Complete Care Play Yards and Safety 1st Disney Care Center™ Play Yard.

There are no reports of any related injuries to date. Hover, the metal bars that support the sleeper’s floorboard can come out through the fabric sleeves. If this happens, the sleeping surface of the bassinet may become uneven. This can cause an infant to suffer from positional asphyxiation or suffocate.

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Dorel Juvenile Group will provide consumers with a free repair kit. Consumers should stop using the bassinet portion that attaches to the play yard until the fix can be made.

Just last week, the CPSC and IKEA Home Furnishings recalled approximately 600 LEOPARD Highchairs because they pose a potential fall hazard or suffocation danger. If the snap locks that secure the seat breaks, the child and the seat can fall through the highchair’s frame. There is also concern that a young child might choke on detached snap locks. To date, there is one report of a baby sustaining leg bruises after falling. Another child reportedly was able to chew off one of the locks.

In the wake of ongoing recalls involving child and infant products, federal regulators have approved a new rule mandating that manufacturers keep a list of customers so that it is easier to let parents know if a product is considered dangerous or defective.

The companies that make high chairs, cribs, strollers, gates, toddler beds, bath seats, booster chairs, play yards, hook-on chairs, infant carriers, children’s folding tables, bed rails, activity centers, walkers, bassinets, changing tables, cradles, bathtubs, slings, and bouncers will have to include a registration card with each product so that they can put together their consumer lists.

While quick notification will hopefully prevent more child injuries caused by defective infant products from happening, there are still children and babies who may be hurt before (and even after) a recall is issued.

Dorel Juvenile Group Voluntarily Recalls Bassinets on Select Play Yards, Offering Parents Free Bassinet Repair Kit, PR Newswire, December 30, 2009

CPSC approves final rule on registration card program for infant, toddler products, Kids Today, December 29, 2009

Recall: IKEA highchair, Chicago Tribune, December 22, 2009

Related Web Resources:
US Consumer Product Safety Commission

Nursery Product-Related Injuries and Deaths, CPSC, November 2009 (PDF)

Continue reading "213,000 Dorel Juvenile Play Yards and 600 IKEA LEOPARD Highchairs are Among Latest Children’s Furniture Product Recalls by CPSC" »

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Posted In: Cribs and Infant Sleepers , Furniture and Accessories , Infant Products , Injuries to Children & Minors , Nursery Products , Strollers

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The Consumer Product Safety Commission is once again warning parents and guardians about the dangers associated with Simplicity drop-side cribs. The CPSC began recalling these child sleepers, made by SFCA Inc. and Simplicity Inc., in December 2005. Over 2 million Simplicity drop-side cribs have been recalled because of the hazard they pose to children. CPSC’s other Simplicity recalls were announced on June and September 2007, September 2008, and July 2009. The agency says that at this point, all Simplicity drop-side cribs are recalled.

Defects with the crib’s plastic material can lead to deformity or breakage, which can cause the drop side of the crib to become detached. This can create a gap between the mattress and the drop side that babies can fall into, and they may suffocate while entrapped.

Last week, the CPSC announced that 11 babies have now died because of this crib defect. The latest child death was in September when a 7-month-old died from a Kentucky entrapment accident. The victim of another recent Simplicity crib death was an 8-month old baby in Texas. The CPSC says it also knows of about 25 other incidents involving Simplicity drop sides detaching.

Suffocation accidents involving defectively designed cribs continue to be a problem that doesn’t seem to be going away. Tragically, it is the babies and their families that suffer.

Earlier this month, our child injury lawyers posted a blog entry about the recall of 24,000 Amboy Baby Motion Beds and Hammocks. The CPSC announced the recall after two child suffocation deaths. Last month, the dangers involving drop-side cribs made the headlines once again when the CPSC recalled 2.1 million Stork Craft Drop-Side cribs following a series of entrapment, suffocation, and fall accidents, and at least four child deaths.

Crib manufacturers have no excuse for making sleepers that can cause suffocation, entrapment, or falls. They can be held liable for products liability if a child injury or infant fatality results.

CPSC sounds the alarm after another Simplicity crib death, Consumer Reports, December 18, 2009

CPSC Launches New Effort to Find Recalled Simplicity Cribs (PDF)

Related Web Resources:
Simplicity for Children

CPSC

Continue reading "7-Month-Old Baby is 11th Child Fatality Involving Simplicity Drop-Side Cribs" »

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Posted In: Cribs and Infant Sleepers , Furniture and Accessories , Infant Products , Injuries to Children & Minors , Nursery Products

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To prevent infant and toddler strangulation injuries and death, the Consumer Product Safety Commission is recalling all Roman and roll-up blinds. More than 50 million blinds (27 million roll-up blinds and 25 million Roman shades) are affected by the recall, which is one of the largest in the agency’s history. The Window Covering Safety Council is joining the CPSC’s efforts to get repair kits to consumers.

16 near strangulations and five fatalities involving Roman shades have been reported since 2006. A child can get hurt by either wrapping the shade’s cord around the neck or putting her/his neck between the back of the blind and the exposed inner cord.

The roll-up blinds have been cited as a cause of three deaths in the past eight years. Strangulation can occur if a child inserts her/his neck between the roll-up material and the lifting loop or if the neck gets caught on the free standing loop.

These latest fatalities and injuries occurred after the CPSC recalled 85 million window blinds in 2000. Most of the blinds were vertical and Venetian blinds and that is when more roll-up and Roman window coverings became more popular. Roll-up and window blinds are also cheaper and considered more attractive.

The CPSC says that vertical and Venetian blind makers improved their standards following the 2000 recall, but manufacturers did not act quickly enough to create better standards for roll-up blinds and Roman shades.

Strangulation injuries and deaths by window blinds and shades are not new occurrences and over the years the CPSC has recalled batches of these products. Why then are manufacturers not doing more to make sure these tragic accidents don’t happen? Our furniture products liability lawyers and our child injury attorneys represent families whose children were injured or killed because of defective or dangerous furniture.

Window Covering Safety Council is offering a number of safety guidelines for protecting kids from the hazards presented by window blinds and shades:

• Use cordless window coverings.
• Replace draperies, shades with cords, and blinds made before 2001.
• Keep window cords away from children’s reach.
• Ensure that cords within their reach are properly secured and cannot be easily freed.
• Keep beds, cribs, sofas, tables, and toys away from windows that have blinds or shades that come with cords.

Window Covering Safety Council Recalls to Repair All Roman and Roll-Up Blinds Due to Risk of Strangulation, CPSC, December 15, 2009

Window Covering Safety Council

Related Web Resources:
Children continue dying as window coverings causing strangulation stay up, KATU.com, August 26, 2009

Strangulation & Suffocation, Parents.com

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Posted In: Furniture and Accessories

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At least two baby deaths have been linked to the Amby Baby Motion Beds and Hammocks, which is why Amby Baby USA and the Consumer Product Safety Commission are recalling about 24,000 of these child sleepers. One of the victims was a 4-month old Georgia baby who died in an Amby baby hammock in June. Another infant, a 5-month-old Oregon boy, died from suffocation last August.

If the baby gets wedged against or rolled into the fabric or stuck in the gap next to the mattress pad as the hammock tilts or shifts side-to-side, the child might suffocate to death. Consumers are asked to stop using this product immediately until they receive their free repair kit.

This latest child sleeper recall is the second one announced in December. Last week, the CPSC and LaJobi Inc. recalled about 400 “Betsy” and “Molly” cribs because of concerns that a child’s head might get caught in the crib’s end panel cut-outs, which are a potential strangulation hazard. One 1-year-old girl died this way in 2003.

Of course, there was the CPSC's largest recall in US history last month when it singled out 2.1 million drop-side cribs by Stork Craft following reports of infant suffocation, entrapment, and fall accidents. Our furniture product liability law firm reported on this recall in an earlier blog post.

Crib Injuries and Deaths
One of the few times that babies and toddlers are left unsupervised is when they are sleeping. This means that in the event of strangulation, suffocation, or entrapment, a parent, guardian, caregiver, or another adult may not be immediately available to rescue the child or call for help.

Crib makers and infant sleeper manufacturers are aware of this. Yet, every year there are toddlers and babies who sustain crib injuries and are hospitalized because of crib defects. Some of these children are not lucky enough to survive.

Infant Suffocation Deaths Prompt Recall of Amby Baby Motion Beds/Hammocks, CPSC, December 8, 2009

CPSC, LaJobi Reannounce 2001 Recall of Cribs Due to Entrapment and Strangulation Hazards, CPSC, December 2, 2009

Related Web Resources:
KidsHealth.org

KidsinDanger.org

Continue reading "24,000 Amboy Baby Motion Beds and Hammocks Recalled Following Two Infant Suffocation Deaths" »

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Posted In: Furniture and Accessories , Infant Products , Injuries to Children & Minors , Nursery Products

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In the years since Hurricanes Katrina and Rita in 2005, thousands of their victims who received shelter in Federal Emergency Management Agency trailers have sued the trailer manufacturers for auto products liability because of illnesses they sustained from exposure to high levels of formaldehyde in the mobile homes.

Some 143,000 trailers were used as emergency housing units following the two storms. Later, federal tests on hundreds of FEMA mobile homes in Mississippi and Louisiana determined that the levels of formaldehyde (a carcinogen linked to breathing problems) found in the trailers was about five times greater than what can be found in modern homes.

FEMA trailer lawyers representing clients have accused the trailer manufacturers of using poor methods and materials in an attempt to quickly construct the mobile homes to meet FEMA’s demand for temporary residences on the Gulf Coast following both hurricanes.

One plaintiff, Elisha Dubuclet, says the high levels of formaldehyde that she and her family were exposed to while living in a FEMA trailer aggravated her daughter’s eczema and increased her chances of getting cancer. Fleetwood Enterprises Inc. made the trailer where Dubuclet's family lived. Other FEMA trailer residents have complained of breathing problems, eye, throat, and nose irritation, and nausea.

Trailer residents were not the only ones made ill from exposure to the high levels of formaldehyde. According to a CBS News report, Linda Esparza and Tommy Yager, a mother and son who worked on the construction of some of the FEMA trailers, say they experienced flu like symptoms and fatigue as a result. The two of them built the trailers for Gulf Stream Coach, an RV maker contracted to make 50,000 trailers as quickly as possible. At one point in 2006, Gulf Stream Coach was producing over 100 trailers each day—that's triple the rate of regular production.

In July 2008, officials for Gulf Stream Coach, Forest River, Keystone RV, and Pilgrim International testified before the House Oversight and Government Reform Committee. They admitted that they knew the FEMA trailers they made for the hurricane victims contained unsafe levels of formaldehyde.

Deal in works to resolve some FEMA trailer claims, AP/Google, December 2, 2009

Manufacturers say they knew of FEMA trailer health risks, Christian Science Monitor, July 11, 2008

Did Trailer Makers Know About Toxic Fumes?, CBS, July 8, 2008

Related Web Resources:
FEMA Moving 35,000 Hurricane Katrina Families Out of Toxic Trailers, Product Liability Law Blog, February 18, 2008

Federal Emergency Management Agency

House Oversight and Government Reform Committee

Continue reading "Thousands of FEMA Trailer Claims Filed by Victims of Hurricane Katrina and Rita" »

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Posted In: Automotive Product Liability , FEMA Trailers , Toxic Chemicals , Toxic Injuries or Disease , Toxic Tort/Environmental Cases

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