Product Liability Law Blog

The Toy Industry Association recently announced a new "testing and safety verification system" intended to restore the confidence of U.S. consumers in the safety of the toys that they buy. The new system follows in the wake of last year's mass recalls of some 25 million toys due to hazard and health concerns.

The three key features of this "testing and safety verification system" asks that toy manufacturers:

- Pay more attention to safety when designing toys.
- Make sure that safety concerns are addressed when manufacturing toys.
- Conduct more tests before and after a toy enters the marketplace.

It is important to note, however, that these standards are voluntary, not mandatory. And even new legislation being considered by U.S. lawmakers have their limits.

A bill passed in the House of Representatives last December still fails to make certain tests mandatory, including tests to check for lead content, magnet pieces, or small choking hazard pieces in toys.

The two largest recalls last year involved 4.2 million Aqua Dots beading sets with a coma-inducing chemical that can be swallowed and 7.3 million Polly Pocket dolls with small magnet parts.

It is important to note that the U.S. government and the Consumer Product Safety Commission cannot regulate manufacturers outside the U.S.—over 80% of toys purchased here are made in China. Most of the 25 million toys recalled last year were made in China.

And the recalls keep coming. On Friday, Family Dollar recalled 250,000 Magnetic Dart Boards, because the small magnets at the ends of the darts can come off and are easily swallowed by children.

On February 19, Dumar International USA recalled 64,000 Cinderella 12-Volt Electric Ride-On Vehicles because a short circuit in the battery compartment proved to be a possible fire hazard. Both toys were made in China.

Our consumer product safety law firm would like to talk to you if your child was injured or killed because of a dangerous or hazardous toy. Our products liability attorneys have helped many injured parties and their families recover compensation from liable manufacturers.

Toy safety regulations need steep penalties, Los Angeles Times, February 24, 2008

Recalls,

Related Web Resources:

Toy Industry Association

Toy Safety, U.S.PIRG

Continue reading " Toy Recalls Spurs Toy Industry Association to Unveil New Safety Guidelines " »

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Posted In: Injuries to Children & Minors , Toys

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Frances Barras, a Texas woman, is suing DuPont , Guard-Line, Union Carbide, Anchor Packing Co., Ingersoll-Rand, Guard-Line, Owens-Illinois, and a few other industrial companies for allegedly exposing her to asbestos because she would inhale fibers from her husband’s clothing when doing his laundry.

Barras’s husband Louis worked as a refinery worker at the DuPont facility in Beaumont. Barras says the asbestos dust and fibers coming from his work clothes, hair, and body caused her to become ill. As part of her duties, she would wash his work clothes, replace washing machine lint filters, clean the laundry area, and ride in the car that her husband would take to work.

Barras says that the asbestos came from the products sold by the defendants, who were negligent in manufacturing and distributing goods with asbestos. In her lawsuit, filed in Jefferson County District Court in Texas earlier this month, Barras says that DuPont should have realized that employees exposed to asbestos could unwittingly spread the fibers to others, including family members.

Louis and the couple’s children are also plaintiffs in the case. They say that DuPont was negligent in causing Frances’s asbestos exposure because of its:

• Failure to execute precautions to ensure that asbestos fibers did not leave the work area.
• Failure to properly warn of the health risks that come with asbestos exposure.
• Failure to provide a place where employees’ clothes could be laundered.
• Failure to educate workers about wearing protective gear.

The lawsuit alleges that all of the defendants allowed each other to behave negligently and Frances was harmed as a result. The Barras family is suing the defendants for $30 million.

DuPont and other industrial companies have used asbestos as a fire retardant and for insulation for years. Asbestos is made up of minerals that have tiny fibers, which can be dangerous—even fatal—if inhaled. It is believed that many companies were aware of the health risks associated with asbestos but continued to expose workers to the substance. Many companies continue to use asbestos.

Diseases associated with asbestos exposure include:

• Lung Cancer
• Pleural disease
• Asbestosis
• Mesothelioma

DuPont has been named as a defendant in numerous lawsuits alleging that the company has exposed workers, consumers, and others to hazardous substances.

Our consumer safety law firm has successfully filed lawsuits against some of the largest corporate giants in the U.S. for the harm that their negligence has caused our clients. One of our asbestos lawsuit lawyers can discuss your case with you during a free consultation.

Nederland housewife files $30M suit against DuPont, alleges asbestos exposure from husband's laundry, Southeast Texas Record, February 19, 2008

Related Web Resources:

What is Asbestos?, ATSDR.cdc.gov

DuPont

Illnesses Caused by Asbestos Exposure, USAAction.org

Continue reading " Family Suing DuPont For Alleged Asbestos Exposure Seeking Over $30 Million " »

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Posted In: Toxic Chemicals , Toxic Injuries or Disease , Toxic Tort/Environmental Cases

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The Federal Emergency Management Agency (FEMA) is trying to relocate some 35,000 families out of the trailers and mobile homes that the agency had provided after Hurricane Katrina in 2005. Results from tests by the Center for Disease Control and Prevention confirm that there are dangerous levels of formaldehyde fumes in many of the trailers.

Formaldehyde is an airborne chemical and a preservative commonly found in construction materials. Exposure to too much formaldehyde can lead to breathing problems and possibly even cancer. The toxin can be found in construction materials, such as composite wood and plywood panels, which were used in the thousands of FEMA trailers.

The CDC test results is not the first time that there has been an indication that the FEMA trailers and mobile homes may have been causing health problems for its residents. A number of people living in the homes have complained of different health issues, such as headaches, asthma, sinus problems, respiratory distress, nosebleeds, and runny noses.

As early as last April, the Sierra Club tested FEMA trailers and found formaldehyde concentrations up to .34 parts per million in many of them—an excessively high amount. Even after these test results, FEMA maintained that the toxic problem was isolated to only a handful of trailers and that the mobile homes were generally safe for use. FEMA had suggested that improving ventilation by airing out the trailers would help.

There are over 35,000 FEMA trailers and mobile homes in Louisiana, Mississippi, and other states. Over 144,000 mobile homes and trailers have housed Katrina victims at some point.

The CDC says it has not found a direct connection between the toxin and the different illnesses and symptoms that the occupants in the trailers have reported, but it is recommending that trailer residents move out as soon as possible.

The trailers were manufactured quickly to accommodate all the Katrina victims. Residents have also complained that the trailers and homes are cramped and poorly made.

Toxic FEMA Trailer Cases
Our products liability law firm has successfully dealt with many injury cases throughout the United States involving all kinds of defective motor vehicles, as well as injury and death cases brought about from exposure to hazardous toxins and wastes. One of our Toxic FEMA Trailer Lawyers would be happy to speak with you during a free consultation.

FEMA slammed for using toxic trailers, MercuryNews.com, February 15, 2008

FEMA to step up efforts to move hurricane victims from toxic trailers, Baltimore Sun/Associated Press, February 14, 2008

Related Web Resources:

FEMA Trailer Study, CDC

Sierra Club Action Confirms FEMA Inaction On Gulf Coast, Sierra Club, July 23, 2007

FEMA

Continue reading " FEMA Moving 35,000 Hurricane Katrina Families Out of Toxic Trailers " »

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Posted In: Automotive Product Liability

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Ford Motor Co. announced two separate recalls on Monday that affect over 180,000 vans and sports utility vehicles.

The larger recall affects almost 124,000 2007-2008 Lincoln Navigator SUVs and Ford Expeditions. Ford says that the spring system located inside the side door handles might break and prevent the door from closing properly or cause it to open unexpectedly during a side collision. The Michigan-based auto manufacturer plans to replace the interior side door handles.

Ford’s second recall involves 57,000 2007 Navigator and Expedition SUVs and 2006-2007 E-150, E-250 and E-350 vans. Ford says the vehicles’ fuel rail crossover hose could crack, leak fuel, and cause a fire.

The auto manufacturing giant has already recalled over 10 million motor vehicles because of fire hazard concerns. No incidents related to this recall have been reported so far.

There have, however, been two separate fire incidents involving 2007 Chevrolet SUV’s. This week, the National Highway Traffic Safety Administration officially opened an investigation into whether the 2007 Chevrolet SUVs are susceptible to catching fire. Chervrolet SUVs are made by General Motors.

The formal probe follows two separate incidents where an SUV ignited while the engine was turned off. Both incidents took place while the SUVs were parked in home garages. Two people were injured in one fire, and a great deal of property damage occurred during both incidents.

At this time, the source of the two fires has not been determined-although the engine, battery, wiring, and engine cooling are possible sources.

Some 400,000 motor vehicles are part of the investigation. The NHTSA will take a look at both the Tahoe and the GMC Yukon.

Our motor vehicle fire attorneys have helped many injured clients recover compensation from some of the country’s largest auto manufacturers because their motor vehicles ignited due to a product defect. Visit the Automotives Product Liability: Fires section of our Web site for more information.

Ford Recalls 180,000 Vehicles, Foxbusiness.com, February 11, 2008

US investigates reports of fires in Chevy Tahoes, Reuters, February 11, 2008

Feds Probe Fire Complaints in Chevy Tahoe, GMC Yukon, Consumer Affairs, February 9, 2008

Related Web Resources:

National Highway Traffic Safety Administration

General Motors

Ford Motors

Continue reading " Ford Recall and GM Chevrolet Fire Incidents Rekindle Fire Hazard Concerns " »

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Posted In: Automotive Product Liability , Fires

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In Florida, a Maine couple is suing Mitsubishi Motors for the death of their son. Donna and Peter Laliberte are accusing the auto manufacturing giant of covering up defect flaws in its Montero Sport line, which resulted in the tragic death of 25-year-old Scott Laliberte.

Laliberte was killed while riding in a 2000 Montero Sport in September 2004 on Interstate 95 in Brevard County, Florida. His friend had been driving the SUV when the single-vehicle rollover accident occurred. Laliberte’s parents allege in their lawsuit that their son was partially ejected from the motor vehicle during the rollover accident because the seat recliner mechanism and seat belt both had inherent flaws.

Halfway through the 2000 model year, Mitsubishi had introduced a new 2000 Montero Sport. The automaker wanted to fix certain flaws detected during crash tests. Mitsubishi, however, did not report the flaws.

Mitsubishi’s reputation took a beating that year after admitting it had spent decades covering up auto defects and try to secretly repair the problems without issuing recalls. Dozens of motor vehicle accidents occurred because of these defects.

The manufacturer giant admits that it incorporated a 10-inch loop into the seat belt of the newer 2000 Montero Sport to better protect passengers because the original stitching came loose during a crash test. Mitsubishi, however, maintains that the original 2000 Montero Sport did not have problems with the seat or seat belt.

Seatbelts—when used and used correctly—can save lives. However, a seat belt system that is poorly made or defective can sometimes be the difference between life and death for the person using the flawed seatbelt. Thousands of people die every year because an auto manufacturer did not fulfill its obligation to consumers by designing a seat belt system that works.

Common Seat Belt Defects Include:

Torn or Ripped Webbing: A flaw in the webbing of the seat belt allows it to rip apart during an accident.

Inertial Unlatching: A problem with the latch plate of the seat belt causes it to become unlatched during an accident

Retractor Failure: A problem with the belt’s retractor design or during manufacturing prevents it from locking and properly securing the passenger.

Visit the Defective Seatbelt and Restraint System Cases section of our Web site for a list of more seat belt defects.

For over 20 years, our products liability law firm has represented many families and individuals in products liability lawsuits against some of the biggest car manufactures in the world.

Couple takes on carmaker in death of son, Palmbeachpost.com, February 4, 2008

Related Web Resources:

SafetyForum

Mitsubishi Motors

Continue reading " Products Liability Lawsuit Claims Mitsubishi Covered Up Design Flaws that Caused Wrongful Death " »

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Posted In: Automotive Product Liability , Defective Seatbelt and Restraint System Cases

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Baby product manufacturer Evenflo Company Inc. is voluntarily recalling 1 million Discovery Infant Car seats. The recall comes after Evenflo and the National Highway Traffic Safety Administration (NHTSA) tested the child safety seats. They discovered that during high impact side collisions, the car seat can come off or break apart,which could cause serious injuries or death if either were to occur in real life.

So far, there are no reported injuries related to this recall. Evenflo says it will provide a dual-hook fastener to registered owners so the child car seat will stay intact in the event of a similar collision. The Discovery Infant Car seats that are part of the recall were manufactured between April 2005 and January 2008. They include models 552, 534, 391, and 390.

Evenflo has voluntarily recalled other infant car seats before. Last year, the baby product manufacturer recalled over 450,000 Embrace Infant car seats following 679 reported incidents that involved seat handles on car seats releasing suddenly without warning. 160 injuries were reported, including two concussions and a skull fracture.

Last week, the NHTSA announced it will set up a new child seat rating system for parents shopping for child car seats. The new system will include an assessment for “ease of use,” in terms of how easy the seat is to install and use, the clarity of instruction manuals, and product labeling.

When used properly, the NHTSA says that child car safety seat systems reduce fatal injuries for toddlers and infants by more than 50% in cars and by nearly 60% in SUVs.

When child car safety seats are defective, however, those safety numbers can go down. In the last 7 years, millions of child car seats have been recalled because of defects, including:

• Defective seat handles
• Defective shoulder straps
• Weakly constructed car seats
• Flammable product pieces
• Defective harnesses
• Defective seatbelt slots

Our products liability law firm represents the families of children who have been injured or killed while using a defective product. Our product safety lawyers have successfully handled many injury cases involving auto accidents, defective motor vehicle-related products, and injuries to minors.

One million Evenflo car seats recalled, CNN.com, February 1, 2008

Read the NHTSA Recall, Office of Defects Investigation, January 31, 2008

New child seat ratings system announced, Sun-Sentinel.com, January 30, 2008

Fall Hazard Prompts NHTSA, CPSC and Evenflo to Announce Recall of Embrace™ Infant Car Seat/Carriers, CPSC.gov, May 10, 2007

Related Web Resources:

Evenflo

List of Recalls and Replacement Parts for Child Restraints, Carseats.org, February 1, 2008 (PDF)

Continue reading " Evenflo Recalls 1 Million Discovery Infant Car Seats " »

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Posted In: Infant Products , Injuries to Children & Minors , Kids in Cars

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