Product Liability Law Blog

Excessive levels of lead and choking/swallowing hazards associated with small toy parts and magnetic pieces were the reasons cited for the toy recalls in April. The Consumer Product Safety Commission and several toy manufacturers announced the recall of more than 500,000 toys this month, beginning April 3 with StyleMark Inc.'s recall of 144,000 Children’s ‘Main Street Drag’ Sunglasses because of too much lead in the glasses' orange lettering.

Violations of federal lead paint standards was also the reason cited for OKK Trading's recall of 2,000 Interchange Robot Toys,the FUNTASTIC recall of 26,000 Hillbilly Teeth, and Santa’s Toy Corp.’s recall of approximately 9,000 Western Rider Push Toys. Yesterday, Nintendo recalled 71,000 character-themed lapel pins because they contained high levels of lead.

The toys with small parts that are potential choking hazards included 16,400 Imaginarium Multi-Sided Activity Centers and Jungle Activity Centers (sold only in the US at Toys “R” Us stores), 17,000 Dalmatian Press’s Little Builder Children’s Board Book Sets with Toys, and about 300,000 Cuddly Cousins Plush Insect Toys from Dollar Tree Stores Inc.

Henry Gordy International Inc recalled approximately 87,000 Fun ‘N Games Magnetic Dart Boards over worries that kids might swallow the detachable small magnets at the ends of the darts.

All of these toys were made in China.

Last year's massive wave of toy recalls continue to make defective toys a huge issue of concern for parents, as well as federal and state regulators. In March, the U.S. Senate passed legislation for tougher inspections of toys and other kids’ products that are manufactured abroad. The House of Representatives also passed its own version of the legislation in December. While the Bush Administration has expressed some concerns, President Bush has not threatened a veto.

Our toy products liability law firm represents the families of children that have been seriously injured or killed because of a defective or dangerous toy. Our defective products lawyers represent injury clients throughout the United States.

Senate passes foreign-made toy safety bill, MSNBC.com, March 6, 2008

Related Web Resources:

2008 Product Recall Guide, Parents.com

Recalls, Recalls.gov

Continue reading " Over Half A Million Toys Are Recalled In April Due To Lead Paint, Magnet, and Choking Hazard Concerns " »

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Posted In: Injuries to Children & Minors , Toys

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Hyundai Motor Co. has announced the recall of 393,714 Sonata passenger cars so that it can fix the air bag system located in the front passenger seat. The recall affects 2006, 2007, and 2008 Sonatas.

Hyundai says it has received several reports that the passenger air bag system had shut off when there was a small adult in the seat because the system had misclassified the passenger as a child.

The air bag system is supposed to disable itself whenever it senses a child restraint system or a small child riding in the front passenger seat, but it is not supposed to shut down when there is an adult riding there.

The National Highway Traffic Safety Administration says that this incorrect classification could cause the right front air bag to fail to inflate during a serious accident, which could cause the adult passenger to sustain serious injuries or die.

Air Bags and Auto Accidents
During a car accident, it is important that an air bag inflate at the right time, in the proper way, and at the right speed to avoid serious injuries. An airbag that fails to deploy or deploys incorrectly during a serious auto crash can cause catastrophic injuries. A person that is not properly restrained may even die after being struck by an inflating air bag.

Air Bag Malfunctions Include:

• Failure to deploy
• Deploying at the wrong time
• Chemical burns from gas escaping the air bag
• Failure to replace a deployed air bag

Injuries that have been caused by air bags include:

• Neck injuries
• Head injuries, including decapitation
• Facial injuries
• Broken bones
• Eye injuries, including blindness
• Death

If you or someone you love suffered serious injuries or died because an air bag failed to deploy or deployed incorrectly, the victim or his or her family may be entitled to recover damages from the auto manufacturer or another liable party. One of our air bag injury lawyers can explore your legal options during your free consultation.

Hyundai Sonatas Recalled for Air Bag Failure, Consumer Affairs, April 16, 2008

What You Need to Know About Air Bags, NHTSA

Related Web Resources:

Airbag Safety

Air Bag Safety, Insurance Information Institute

Continue reading " Hyundai Motors Recalls 393,714 Sonata Cars Over Air Bag Failure " »

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Posted In: Air Bags , Auto Recalls

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The Insurance Institute for Highway Safety says that occupant protection provided by midsized cars during side impact collisions is getting better, but passenger protection during rear-end collisions continues to be poor or marginal. The Institute announced its findings after testing a number of midsized cars, including the Chevrolet Malibu, the Nissan Altima, the Dodge Avenger, the Kia Optima, the Infiniti G35, the Mitsubishi Gallant, and the Saturn Aura.

All of the cars earned good ratings for solid passenger protection during frontal accidents. Except for the KIA Optima, they also earned high ratings for side crash protection. The presence of side air bags in all of the cars was one of the main reasons cited for the improved test results—compared to to midsized cars that were tested in 2004.

The only car to test well for rear crashworthiness was the Kia Optima, whose seat/head restraints received top ratings.

Rear-End Collision Safety
If a vehicle moves forward when struck during a rear end collision, its seats can push the occupants’ bodies forward. If a passenger’s head doesn’t have any support, it can fall behind as the torso moves forward and may cause neck injuries. Installing the proper head restraints allows the head and torso to move forward together and minimizes neck injuries, including whiplash.

Neck injuries are the most common injury that occurs during auto accidents. A neck injury can lead to whiplash, nerve damage, disc damage, torn ligaments, headaches, tingling sensation in the arms, and severe pain.

Rear-end collisions, like all other car accidents, can also lead to more catastrophic injuries, including traumatic brain injuries, a broken neck, burn injuries, spinal cord injuries, and wrongful death.

In 2004, the National Highway Traffic Safety Administration announced a new safety standard for head restraints, requiring them to be placed higher and closer to the head. The head restraints must also be adjustable.

If you or someone you love was seriously injured in a car accident because the automobile lacked the proper safety measures or the head restraint, a front or side airbag, or another device or auto part was defective, contact our auto products liability law firm right away to discuss your case. You may be entitled to personal injury compensation.

New crash tests of midsize cars: protection in side impacts improves, but most cars tested still afford marginal or poor protection in rear crashes, IIHS.org, April 10, 2008

NHTSA Announces Upgraded Rule for Head Restraints in Vehicles, NHTSA, December 7, 2004

Related Web Resources:

New Crash Tests of Midsize Cars, Insurance Institute for Highway Safety (PDF)

Whiplash Neck Injuries, Head Rests, Head Restraints

Continue reading " Insurance Institute for Highway Safety Says Many Midsized Cars Still Do Not Provide Proper Occupant Protection During Rear-End Collisions " »

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Posted In: Automotive Product Liability

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The SUV rollover lawsuit filed against Mitsubishi Motors by the family of TLC Singer Lisa “Left Eye” Lopes will go forward, says the Georgia Court of Appeals. The auto manufacturing giant had tried to have the wrongful death lawsuit dismissed because the company is located abroad and the accident occurred in Honduras.

Lopes died while on vacation in April 2002 in a rollover collision outside the town of La Ceiba. Lopes, 30, was driving the Mitsubishi SUV that rolled over.

Representing the pop star’s family in the case is Attorney Stuart Ollanik, a senior partner at the auto products liability law firm of Gilbert, Ollanik & Komyatte,PC. Mr. Ollanik says that the sport utility vehicle that Lopes was operating was not as resistant to rollovers as it could and should have been—especially because many SUVs that are now being made are “a little lower, just a little bit wider, and with electronic stability." Electronic stability systems can automatically adjust the steering and braking of a motor vehicle so that it doesn’t tip over.

Mr. Ollanik and Gilbert, Ollanik, & Komyatte, PC are long-term advocates of improving SUVs. Testing conducted by the law firm show that just lowering the center of gravity of a sport utility vehicle and widening the wheel base can prevent an SUV from rolling over. Many engineers and safety experts agree.

Mitsubishi has denied any wrongdoing related to Lopes’s rollover death.

Our auto products liability law firm is nationally recognized for helping injured clients and their families across the United States recover injury and wrongful death compensation from some of the largest auto manufacturers in the country and the world.

To watch Stuart Ollanik's recent interview with Fox Colorado News please visit: SUV Lawsuit Aimed At Improving Safety, MyFoxColorado.com, March 9, 2008

TLC's Lisa 'Left Eye' Lopes dies in wreck, CNN.com, April 26, 2002

Related Web Resources:

A Few Facts About SUVs and Safety, PBS.org

The Physics of SUV Rollover Accidents

Continue reading " Appeals Court Says SUV Rollover Lawsuit Against Mitsubishi For the 2002 Death of Pop Star Lisa “Left Eye” Lopes Can Go Forward " »

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Posted In: Automotive Product Liability , Sport Utility Vehicle Rollovers

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American Airlines announced this week that it was canceling over 2,000 flights to conduct safety inspections on a number of jets. The cancellations affected flights taking off on Tuesday, Wednesday, and Thursday, and more cancellations may be announced. The airline company also canceled several hundred flights last month for more inspections.

Inspectors want to make sure that the airline company is in compliance of a federal order providing instruction on the way that the wires in the wheels of MD-80 jets should be bundled. Many of the jets have reportedly passed inspection.

American Airlines is not the first airline in recent weeks to ground its flights over safety concerns. Alaska Airlines, Southwest Airlines, Delta Airlines, Midwest Airlines, and United Airlines have also cancelled flights so that their planes could undergo inspection.

Federal law makers are accusing the Federal Aviation Administration (FAA) of getting too close to the airline industry that it isn’t doing a proper job of protecting passenger safety. Federal Aviation Administration Administrator Nicholas Sabatini disputes this criticism, saying that the FAA has achieved 99 percent safety compliance.

Last month, the FAA fined Southwest with a $10.2 million civil penalty for missing safety inspections. The airline company turned itself in upon discovering the discrepancy, but continued to use the planes for passenger flights. Southwest’s failure to check its planes’ fuselages for cracks is one of the reasons that the FAA is now doing an audit of all airlines’ maintenance records.

The FAA will use its 10 airworthiness directives when inspecting the other airlines.

Aviation Accidents
Accidents involving airline carriers, private jets, helicopters, charter planes, and other kinds of planes often lead to catastrophic injuries—if, that is, there are any survivors. It is important that the airplanes are properly maintained at all times. A faulty engine that malfunctions from thousands of feet above the ground can lead to deadly consequences for the pilot, a plane’s passengers, and people on the ground.

Our product safety lawyers are dedicated to helping the victims of serious injury accidents that are caused by defective or malfunctioning products recover compensation from the negligent parties.

If you or someone you love was seriously injured in a plane crash, or someone you love died in an aviation accident that happened because the aircraft that they were riding in malfunctioned, contact our defective products law firm and ask for your free consultation.

American Airlines cancels 900 more flights, CNN.com, April 9, 2008

FAA orders safety checks for all airlines, Bizjournals.com, March 19, 2008

Related Web Resources:

Federal Aviation Administration

Airworthiness Directives, FAA

Continue reading " American Airlines Cancels Over 2,000 Flights This Week To Conduct Plane Safety Inspections " »

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Posted In: Aviation Accidents

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This week, Washington State Governor Christine Gregoire signed into law the Children’s Safe Products Act, which imposes the toughest restrictions yet for lead standards for toys among the U.S. states. The law decreases the legally allowed limit for lead in toys from 90 parts per million to 40 parts per million, which is the limit that the American Academy of Pediatrics recommends. The law goes into effect beginning July 1, 2009.

The current federal limit is 600 parts per million, and many state lawmakers have expressed dismay that the federal government isn’t acting faster to change its lead safety standards.

The lead-related recalls continue. In March, toy recalls involving high levels of lead paint included:

• 130 ring toss games by Educational Insights
• 13,000 Hobby Lobby Stores Camouflage Eggs and Spinning Egg Top Toys
• 5,000 S.U. Wholesale X Force Commander Toy Airplanes and Super Famous Toy Cars and Motorcycles

On March 17, representatives for giant toy manufacturers Mattel and Hasbro met with Governor Gregoire and asked her to reconsider signing the bill into law. Mattel says that half of its Fisher-Price toy line will have to be barred from the state of Washington because the level of lead in its toys exceeds the state’s new limit. A few smaller manufacturers, such as Toysmith and Kaethe Kruse Puppen GmbH, say they will stop shipping toys to Washington altogether.

Michigan and Illinois have also approved new lead safety standard laws, while Maryland, Wisconsin, Connecticut, Minnesota, Massachusetts, Maine, and Vermont are among several other states that are reevaluating their safety regulations so they can regulate mercury, lead, phthalates, and other toxins, such as Arsenic, Selenium, and Barium, in toys. California will begin its ban on phthalates next year.

The Minnesota Safety Council says that there were 202,300 toy-related injuries in 2005. One child getting hurt or killed by a toy is one child too many.

Our products liability law firm represents clients throughout the United States whose children were seriously injured or killed because of a defective toy or another dangerous product.

One of our consumer products safety lawyers would be happy to discuss your case with you.

Washington: Restrictions on Chemicals in Toys, New York Times, April 2, 2008

States Alter Rules of Game On Safety for Toy Makers, The Wall Street Journal, March 25, 2008

Recalled Toys and Children's Products, US PIRG

Toy Injury, Minnesota Safety Council

Related Web Resource:

The Children's Safe Product Act of 2008, Washington Toxic Coalition

Continue reading " U.S. States Impose Their Own Toy Safety Regulations Following Mass Recalls Involving Lead and Other Hazards " »

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Posted In: Injuries to Children & Minors , Toys

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