Product Liability Law Blog

The Consumer Product Safety Commission is telling parents to stop letting their babies sleep in the “close-sleeper/bedside sleeper” bassinets that are made by Simplicity, Inc. The warning comes following two deaths linked to the sleepers and the refusal of SFCA Inc., the company that purchased Simplicity Inc.’s assets, to issue a recall. SFCA says it is not responsible for the products that Simplicity made in the past.

The CPSC says that the 3-in-1 and 4-in-1 convertible bassinets have metal bars that are spaced too far apart and do not meet federal standards. The bars have a fabric flap covering that is attached using velcro. If the flap is not properly secured, a baby could become trapped between the bars and get seriously hurt or die. SFCA Inc., however, says it is not responsible for products that Simplicity made prior to the acquisition.

Last week, a 5-month-old baby was strangled to death after she got caught between the metal bars of a Simplicity bassinet. Another baby died in a similar accident in a Simplicity bassinet last September.

The CPSC has compiled data related to infant bassinet-related deaths between 1990 and 2004, including:

• There were 53 infant deaths in bassinets.
• 85% of the deaths happened because the infant was not getting enough oxygen.
• Asphyxiation and suffocation are two common bassinet-related injuries that can lead to death.
• Many personal injuries and wrongful deaths that occur in bassinets and cribs are preventable.

Popular bassinet linked to at least 2 babies' deaths, ChicagoTribune.com, August 28, 2008

Infants Strangled to Death in Simplicity Bassinets: CPSC Urges Consumers To Stop Using Simplicity 3-in-1 and 4-in-1 Convertible “Close-Sleeper” Models, CPSC, August 27, 2008

Ensuring Babies' Safety in Bassinets, KidsHealth.org

CPSC Issues Warning Against Dangerous Simplicity Bassinets, ConsumerAffairs.com, August 28, 2008

Related Web Resources:

Simplicity Inc

SFCA, Inc. Acquires Assets of Simplicity, Inc., Reuters.com, May 20, 2008

Continue reading " CPSC Warns Parents Not to Use Simplicity Bassinets Following Two Infant Deaths " »

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

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The National Highway Traffic Safety Administration has cautioned motorists that hot summer weather, defective tires, and motor vehicles overloaded with vacationers and cargo make up a deadly combination that can lead to serious auto accidents on US roads and freeways.

One reason the summer heat can create an additional hazard to motor vehicle tires—especially those that are poorly maintained and/or defective—is that the hot weather adds to the temperature buildup of the tire, which can cause the glue that holds it together to stop working until the tire falls apart. Dry air and the sun’s ultraviolet rays have also been known to drastically shorten an already under-inflated or cracked tire’s lifespan.

When a tire blows out and the driver is unable regain control of the vehicle, the car can end up taking a sharp turn or rollover that can result in serious injuries for the motorist and others. The NHTSA says that some 660 people are killed and 33,000 others are injured every year in traffic collisions caused by tire problems. The federal agency also estimates that at least 50 lives could be saved each year and up to 10,600 injuries prevented if steps were taken to properly maintain all tires and keep defective ones off US roads.

There are preventive steps that a motorist can take to properly maintain their tires during the hot summer months:

• Check the tire pressure every month and before going an a long trip.
• Check tires for excessive wear or sidewall deterioration.
• Make sure the tires are properly aligned.
• Rotate your motor vehicle's tires every 3,000-4,000 miles.

Common Causes of Tire Blowouts Include:

• Manufacturing or design defects
• Shredded tires
• Poor tire construction
• Adhesion failures

Unfortunately, tire defects are not uncommon, and some of the biggest tire manufacturers in the world, including Dunlop and Firestone, have recalled defective tires at some point in time. If your injuries occurred in an auto accident involving a defective tire, our auto products liability law firm can help you determine whether you have grounds to file a claim against the tire designer or the motor vehicle manufacturer.

NHTSA Urges Drivers To Check Their Tires During The Hot Weather, NHTSA, August 13, 2007

Desert heat boosts peril of tire blowouts, AZCentral.com, June 18, 2005

Tire Safety, NHTSA

Related Web Resources:

NHTSA

Recalls

Continue reading " Odds of Motor Vehicle Accidents Occurring Due to Tire Blowouts Increase With Rising Summer Heat " »

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Posted In: Automotive Product Liability , Tires

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On Thursday, US President Bush signed a consumer safety bill that prohibits lead—except for the smallest levels—in products made for kids 12 years of age and under. The measure, formally called the Consumer Product Safety Improvement Act of 2008, also bans chemical phthalates from children’s products.

The bill, which received overwhelming support in both the US House and Senate, addresses the concern that toys and other kids' products can be dangerous. This worry reached new heights last year when over 45 million children's products, many of them made in China, were recalled. High levels of lead in the paint used on many of the products was one of the reasons for many of the recalls.

The new law will allow for widespread reforms that will force product manufacturers and retailers to exercise greater safety precautions when making and selling products—especially those that are for children. The legislation mandates that infant products and toys undergo testing before they are sold, authorizes the creation of the first public consumer complaint database, increases civil penalties for those that violate Consumer Product Safety Commission laws, and offers protection to whistleblowers.

The CPSC, which came under fire last year over its failure to monitor toys imported into the country from abroad, will have an opportunity to do a more thorough job. The new legislation double’s the CPSC’s budget to $136 million by 2014 and gives it new authorities for supervising testing procedures and punishing violators.

According to the CPSC, over 33 million people sustained injuries last year because of contact with an unsafe product. Some 28,000 million people die each year in the United States alone because of products that are defective or unsafe for use.

Throughout the United States, our children’s products liability law firm represents families whose sons and daughters have been injured or killed because a toy or another product was defective or hazardous. Our defective products lawyers are committed to protecting our clients’ legal rights and making sure that they receive compensation for all damages that they are owed. Our product safety law firm has gone up against some of the largest manufacturers in the world and won.

Bush Signs Consumer Safety Bill, ConsumerAffairs.com, August 14, 2008

Not toying around: Congress OKs bill to ban chemicals in some products, USA Today, August 1, 2008

Related Web Resources:

Consumer Product Safety Improvement Act of 2008, CPSC.gov (PDF)

Recalls

Continue reading " Consumer Safety Bill Bans Lead from Toys " »

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Posted In: Infant Products , Injuries to Children & Minors , Nursery Products , Toys

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Auto manufacturer BMW AG is recalling 200,000 SUVs and cars over concerns that the front passenger air bag may not deploy during a collision. BMW models affected by the recall include the:

• 2004-2006 5 Series
• 2006 3 Series
• 2004-2006 X3 SUV’s

The National Highway Traffic Safety Administration says that small cracks could affect the seat detection mat and deactivate the air bags. This could also deactivate the air bag “on-off” light. An air-bag “on-off” switch lets the motorist deactivate the air bag feature when necessary.

Depending on the make and model of the vehicle and the year it was manufactured, air bags may be located in two areas of a vehicle:

Frontal Air Bags: Frontal air bags are designed to prevent vehicle occupants from hitting the steering wheel, the instrument panel, or the windshield so that they don't sustain even more serious injuries during a motor vehicle crash. These air bags usually cannot provide protection during side-impact crashes, rear-end collisions, and rollover accidents.

Side-Impact Air Bags: They are designed to protect your chest and head during an accident in which the side of the motor vehicle is impacted.

Types of Frontal Air Bags:

Depowered Air Bags: Air bags with a reduced inflation power to decrease the chances of an air bag-related injury.

Advanced Frontal Air Bags: are considered more effective than the previous generations of air bags when it comes to saving lives and reducing the chances of air bag related-injuries.

Air bags are an added and necessary protection to the safety belt. If you were injured in an auto crash because your air bag failed to deploy or malfunctioned in another way, our auto products liability law firm has the experience and knowledge to determine whether you have grounds to file a defective products case against the manufacturer.

German automaker BMW recalling 200,000 vehicles, AP, August 13, 2008

UPDATE: BMW Recalls 200K Vehicles In US Due To Airbag Issue, CNNMoney.com, August 13, 2008

Air Bag Safety, Safecar.gov

Related Web Resources:

Air Bags, Insurance Institute for Highway Safety

What You Need to Know About Air Bags, NHTSA.gov

Continue reading " BMW AG Recalls 200,000 Cars and Sport Utility Vehicles Because Front Passenger Air Bags May Not Deploy " »

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Posted In: Air Bags , Auto Recalls

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Each year, hundreds of young children are injured in motor vehicle crashes. Many of these injuries could have been avoided if the child had been restrained in a well-designed and properly functioning child safety seat or booster chair.

With all of the child safety seats currently available in the marketplace, it can be difficult to determine which seat to purchase for your son, daughter, or grandchild. The recent recalls involving defective child safety seats have not helped boost consumer confidence.

According to the American Academy of Pediatrics and the National Highway Traffic Safety Administration:

• Infants younger than age 1 and weighing under 20 lbs should be secured in infant-only child safety seats, and the seat should face the rear of the motor vehicle.

• While toddlers and preschoolers weighing 20 pounds can ride with their car seats facing the front of the car, it is still recommended that their child safety seats face the back of the vehicle.

Types of forward-facing seats:

Convertible seats - They can convert between forward-facing and rear facing
Forward-facing seats
Forward-facing/Booster seat combinations
Built-in seats – They are pre-installed in certain motor vehicles
Travel vests – For children weighing 20 to 168 pounds. They can be used with a lap seat belt.

• Children 8 – 12 years of age that are 4’9” in height or greater and can no longer use a forward-facing seat should use a booster seat, which raises the child’s body so that he or she can properly use a shoulder and lap seat belt.
• Children that can no longer fit in a booster seat should use a shoulder and lap seat belt and sit in the back until they turn age 13.

Suggestions for making sure a child safety seat is safe:

• Use a safety seat that is preferably under five years old.
• Make sure the car seat has never been involved in an auto crash.
• Ensure that the seat has all its required parts.
• Check for possible defects, such as cracks in the plastic, damaged straps, and stiff buckles.
• Read about the seat brand and model and check for a history of past defects and recalls.

Our auto products safety law firm is experienced in dealing with injury cases involving defective car seats.

Car Safety Seats: A Guide for Families 2008, American Academy of Pediatrics

Safe Ride Helpline for Child Passenger Safety, Carseat.org

Related Web Resources:

Child Passenger Safety: Ease of Use Ratings, NHTSA

Recalls

Continue reading " Choosing Your Child’s Car Safety Seat " »

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

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There is growing concern that there may be millions of motor vehicles with defective tire valve stems that are currently being driven on US roads. Concern over the hazards associated with defective tire valve stems caught the media spotlight last year, when a Florida man died after the valve stem in one of his tires cracked, causing a rollover crash.

The valve stem believed to have triggered his motor vehicle crash was linked to distributor Dill Air Control Products. The company has since then issued a warning to the National Highway Traffic Safety Administration that up to 30 million valve stems made by a Shanghai Baolong Industries subsidiary may be out in the US market.

The tire valve stem is the tiny device that keeps the air in a tire. The worry is that the defective tire valve stems could crack prematurely, which could cause the tires to lose air. The loss of tire pressure can then cause the tires to become damaged or underinflated, which may lead to motor vehicle crashes involving serious injuries or deaths.

In June, Tech International, another US parts distributor, announced its voluntary recall of some six million valve stems, also made in China by the same distributor. While only 8,600 of the 6 million recalled stems are believed to be defective, no one knows which motor vehicles were fitted with the defective valve stems.

Safety advocates are encouraging drivers to inspect their valve stems and check the pressure on their tires—especially if they received a replacement tire after July 2006.

If you or someone you love suffered serious injuries in a motor vehicle crash caused by a defective auto part, our experienced auto products liability law firm would like to talk to you.

Fatal Rollover Prompts Probe into Chinese-Made Tire Valve Stems Safety, Reuters.com, June 12, 2008

Tech International Recall, NHTSA

WCBV: Hidden Tire Defect Poses Safety Threat, ABC News, June 24, 2008

Related Web Resources:
Dill Air Controls

Tech International

Procedure to Inspect Snap-In Valve for Cracks, Safety Research.net/Dill Air Controls

Continue reading " Millions of Motor Vehicles in the US Could Have Tires Fitted With Defective Tire Valve Stems " »

Posted by Gilbert, Ollanik, & Komyatte, P.C. | Permalink | Email This Post

Posted In: Automotive Product Liability

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