Product Liability Law Blog

The National Highway Traffic Safety Administration has begun its own preliminary probe into over one million Ford trucks and cars following reports that faulty tire valve stems were causing tires to leak air. Ford Motor Company, which conducted its own investigation, says that the tire valve stems do not pose a safety risk. Safety advocates, however, claim that the potential danger of sudden tire air loss should mandate a recall. In a letter to NHTSA, auto safety researcher Sean Kane, who called for the investigation into Ford’s tire valve stems, warned that drivers and tire repair shops would be unlikely to notice the defects.

The NHTSA’s investigation involves 1,050,000 2007 Ford vehicles, including the Ford F-150, Edge, Mustang, Milan, Fusion, MKZ, Mercury Grand Marquis, MKX, Explorer, Expedition, Escape, and Focus. The agency says that they have 37 complaints involving Ford motor vehicles with faulty valve stems.

23 complaints involved autos with more than one defective tire valve stem. 11 reports involved cases where an air leak caused tire damage. A valve stem is supposed to keep the air in a tire. Topseal Automotive, a subsidiary of Chinese company Shanghai Baolong, made the valve stems that are under investigation.

In May, the NHTSA began another investigation into 23 million Shanghai Baolong Automotive Corp. replacement valve stems that were made in 2006. The agency found 4,767 complaints involving these replacement stems. One complaint reported a deadly auto accident involving a 1998 Ford Explorer that experienced tire failure.

Last month, the NHTSA upgraded that probe into what it calls “Engineering Analysis.” This means that if the analysis investigation finds that the replacement valve stems, imported by Dill Air Controls Products, are defective, some 23.5 million replacement tire valves that were installed between August 2006 and July 2007 may be recalled.

Topseal Automotive told NHTSA that the replacement valve stems lacked proper protection from ozone damage, which can cause the stem bases to crack after 8 to 14 months of use and lead to air loss, tire failure or tire blowouts. Topseal supplies eight million tire valve stems each month to Ford and other car manufacturers around the world.

Ford spokesperson Wes Sherwood maintains that even though they purchased the valve stems from Topseal, the stems they use on their cars and trucks are not made from the same material that the replacement valve stems are made with. Sherwood also says that the valve stems used on Ford vehicles are made with different equipment.

Tire blowouts can lead to serious injury accidents, including vehicle rollovers, multi-vehicle collisions, and accidents involving pedestrians. You may be entitled to compensation from an auto manufacturer or tire maker if you were injured in a motor vehicle accident involving a defective tire.

Feds probe Ford tire leaks, Detroit Free Press, October 22, 2008

NHTSA steps up investigation of tire valves … but not enough, Consumer Reports, October 3, 2008

Related Web Resources:

Shanghai Baolong Automotive Corporation

Ford Motor Company

Continue reading " Federal Auto Safety Regulators Investigate More Than One Million Ford Cars and Trucks for Tire Leaks " »

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

Posted In: Automotive Product Liability , Tires

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The deaths of two infants that were caused by defective cribs have led to two nationwide crib recalls this month. Last week, Playkids USA recalled 2,000 portable convertible cribs following the death of a 5-month-old baby who suffocated after becoming entrapped between the crib’s mattress and drop side rail.

According to the US Consumer Product Safety Commission, the mesh that the sides of the convertible crib are made of can expand and create a space that a baby could slip into and become entrapped in and/or suffocate.

The second recall, which the CPSC announced on Monday, involves 1,585,000 Delta Enterprise drop side cribs. The voluntary recall comes after reports that an 8-month-old baby suffocated to death and another baby survived an entrapment accident.

The Delta drop side crib recall involves 985,000 drop side cribs that are missing safety pegs. The remaining 600,000 cribs are being recalled because of a spring peg failure. Both defects can cause a crib’s drop side to disengage and detach, which could leave a dangerous gap for kids to fall into.

The two recalls come on the heels of last month’s massive recall of 600,000 Simplicity Brand Drop Side Cribs following reports of nine incidents involving the drop sides detaching. No one was injured.

The recalls have spurred the CPSC to warn parents that they must closely inspect a crib’s hardware and stability. The CPSC says that drop side cribs are the infant beds that are most likely to experience hardware issues.

Safety Tips that the CPSC Offers Include:

• Do not use a crib that has broken, loose, or missing pieces.
• Regularly inspect crib hardware and make sure that the crib continues to stay sturdy.
• If you have a drop side crib, check to see that the drop side is working properly.
• Make sure that there are no gaps in or around the crib that a child can fall into.
• Do not try to fix a defective crib without following manufacturer-directed repair instructions.
• If the side of a crib is broken, leaning the crib against the wall will not fix the problem.

The last couple of years have seen an increase in the number of defective infant product recalls. Product manufacturers should be held accountable for any personal injuries or wrongful deaths caused by their products.

Latest crib recall broadens CPSC's focus, ChicagoTribune.com, October 22, 2008

Infant Death Prompts Recall to Repair 985,000 Delta Enterprise Drop Side Cribs; Missing Safety Pegs Can Cause Entrapment and Suffocation Hazards, CPSC.gov, October 21, 2008

Infant Death Prompts Recall To Repair 600,000 Drop Side Cribs By Delta Enterprise; Spring Peg Failure Can Cause Entrapment and Suffocation Hazards, CPSC.gov, October 21, 2008

Infant Death Prompts Recall of Convertible Cribs by Playkids USA; Crib Poses Entrapment and Suffocation Hazards, CPSC.gov, October 16, 2008

Simplicity Brand Drop Side Cribs Recalled By Various Retailers Due To Serious Entrapment And Suffocation Hazard To Infants and Toddlers, CPSC.gov, September 17, 2008

Related Web Resources:

US Consumer Product Safety Commission

Delta Children's Products

Continue reading " Deaths of Two Infants Lead to Recall of Nearly 1.6 Million Delta Cribs and 2 Thousand Playkids Convertible Cribs " »

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

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

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Researchers at the University of Chicago Medical Center say that microwave manufacturers could be doing more to protect children from burn injuries. In their study, published in this month’s Journal of Pediatrics, doctors reported that added safety protections, including accelerated warning campaigns and locking options, could reduce the number of injuries that occur when kids take food out of the microwave.

While many of the latest microwave oven models come with an option to lock the oven before operation, a child can easily open the oven once it has stopped heating an item. Researchers say that this is when the majority of burn injuries happen.

The study concentrates on 104 patients under age 5 that were admitted to the burn unit at University of Chicago Medical Center for accidental injuries. According to researchers, 90% of the children sustained burn injuries caused by hot liquids or foods.

Burn injuries seemed to occur most often when children ages 18 months to 4 years opened the microwave doors to take out hot food or liquid or when older children, ages 7 to 14, accidentally spilled the hot items on younger children. Children, between 10 and 21 months, were the ones most likely to sustain burn injuries.

45 of the children involved in the study had burns on over 10% of their bodies. In some cases, children experienced infections and underwent intubation and tracheostomy. 7 of the 104 patients underwent inpatient rehabilitation. The researchers also found that not enough is being done to warn parents about the dangers that hot foods and liquids heated in microwaves can pose to children.

Scald Burns
A scald burn can occur when moist or dry heat or hot vapor burns the skin. A scald burn is considered a second-degree burn. The healing process can be very slow and scars are like to develop. At home, scald burns can occur when the skin comes into contact with hot water, soup, coffee, tea, or other hot liquids.

Burn injuries can be serious and traumatic injuries that can be very painful and costly. A burn victim may have to undergo skin grafts, plastic surgery, and other painful procedures to recover. If your child suffered injuries from a household appliance and the product manufacturer could have done more to prevent the injuries from happening, your family may be entitled to personal injury recovery.

Microwave Ovens Need Added Safety Controls, Researchers Advise, ScienceDaily, October 7, 2008

Burns and Scalds Safety, SafeKids.org (PDF)

Related Web Resources:

The Journal of Pediatrics

Facts About Burn Injury, Stlouischildrens.org

University of Chicago Medical Center

Continue reading " Burn Injuries to Children Can Be Prevented By Adding Safety Controls to Microwaves, Says New Study " »

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

Posted In: Burn Injuries , Furniture and Accessories , Injuries to Children & Minors

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General Motors has announced that it is recalling 79 of its 2009 Chevrolet Impalas because of an air bag issue. The auto manufacturer says that part of the front passenger-side air bag could break during deployment, potentially striking and injuring the passenger. This breakage could also prevent the air bag from fully inflating, thereby only partially protecting the passenger during a motor vehicle crash.

Side-Impact Air Bags (SABs)
Side-impact air bags are designed to protect an auto occupant’s chest and/or head during a motor vehicle collision.

Three Kinds of SABs:

Chest SABs: Located in the door or in the side of the car seat.
Head SABs: Located in the roof rail on top of the side windows.
Head/Chest SABs: Usually found in the side of the seat.

According to the National Highway Traffic Safety Administration, almost 60% of people who were killed in traffic collisions involving side-impact crashes sustained serious brain injuries. The NHTSA says that an additional 700 to 1,000 people would survive motor vehicle crashes each year if all autos in the US were made with head protection SABs.

It is important that all air bags in a vehicle are properly designed and installed, and that they work correctly. While air bags are designed to protect passengers from serious injuries or deaths, air bag defects and malfunctions have been known to lead to spinal cord injuries, traumatic brain injuries, chest injuries, head injuries, neck injuries, vision problems, hearing loss, internal injuries, amputated fingers, concussions, cuts and abrasions, burn injuries, and/or death.

Examples of air bag defects and malfunctions include sensor failure, improper tethering, improper inflation (in terms of speed deployment, the angle of deployment, and when deployment occurs), and failure to deploy.

GM Recalls 2009 Chevrolet Impala, Office of Defects Investigation

GM Recalls 2009 Chevrolet Impala for Airbag Problem, Edmunds.com, October 9, 2008

Related Web Resources:

Side-Impact Air Bags, SaferCars.gov

Air Bags, NHTSA

Continue reading " GM Recalls 79 Chevrolet Impalas Because of Potential Air Bag Malfunction " »

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

Posted In: Air Bags , Auto Recalls

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US Secretary of Transportation Mary E. Peters says that more people than ever before are using safety belts. According to the latest National Highway Traffic Safety Administration figures:

• 83% of vehicle occupants are wearing seat belts during daytime hours this year, compared to 82% in 2007.
• The NHTSA says that an additional 270 lives are saved for every 1% increase in seat belt use.
• 84% of car occupants are using safety belts.
• Pickup truck riders are buckling up 74% of the time.
• 86% of SUV and van riders are using seat belts.
• In 2008, safety belt use on freeways is at 90%, compared to 89% in 2007.

The NHTSA attributes the increase in seat belt use to high profile local, state, and national enforcement efforts, such as “Click It or Ticket” Campaign.

Dangers of Defective Seat Belts
Seat belt use can decrease injuries and save lives. According the NHTSA and the US Department of Transportation, 15,383 lives were saved in 2006 because of safety belt use. However, seat belts can only save lives as long as they are not defective or improperly designed.

Seat belts are supposed to keep an occupant securely in his or her seat in the event of a traffic collision. A defective or poorly designed seat belt, however, can fail to prevent a person from being thrown into the windshield or ejected from the vehicle during a serious crash and may cause additional injuries. In the event of a vehicle rollover, a person using a defective seat belt may be even more prone to catastrophic injuries.

It is the responsibility of auto manufacturers to make sure that the seat belts in their vehicles are working correctly. Unfortunately, some motor vehicle makers have been slow to admit there is a problem with a vehicle once it is out in the marketplace. For more information about defective seat belts, please visit the Seat Belt and Restraint System Defects section of our Web site for more information.

Seat Belt use Hits Record Level in 2008, DOT.gov, September 17, 2008

Seat Belt Use Report (PDF)

Related Web Resources:

Click It Or Ticket, NHTSA

Seat Belt Injuries Could Signal More Serious Trauma In Children, ScienceDaily, August 10, 2007

Continue reading " As Safety Belt Use Increases, So Does The Need to Eliminate Seat Belt Defects " »

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

Posted In: Automotive Product Liability , Seat Belts

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The Insurance Institute for Highway Safety and the University of Michigan Transportation Research Institute recently conducted an evaluation of car booster safety seats. Out of the 41 boosters studied, 13 of them did such a bad job of improving the way shoulder and lap safety belts fit on children that the IIHS is refusing to recommend these products at all. While the National Highway Traffic Safety Administration currently provides information on how easy (or not) a booster seat is to use, the NHTSA does not have any data informing parents on how well a booster seat will fit or properly secure their child.

Booster Seats the IIHS is NOT Recommending Include:

• Cosco/Dorel (Eddie Bauer) Summit
• Cosco Highback Booster
• Cosco/Dorel Alpha Omega
• Cosco/Dorel Traveler
• Dorel/Safety 1st (Eddie Bauer) Prospect
• Safety First/Dorel Intera
• Safety Angel Ride Ryte backless
• Graco CarGo Zephyr
• Compass B510 and B505
• Evenflo Big Kid Confidence
• Evenflo Chase Comfort Touch
• Evenflo Generations

The IIHS says that while these booster seats might increase restraint and comfort level for children, they do not necessarily provide optimal protection when used with safety belts. A major problem cited is that use of these boosters often result in the lap belt resting at least partially on the child’s abdomen rather than on bonier areas of the body.

The IIHS says that good boosters should allow lap belts to wrap across a child’s pelvic area, while shoulder belts should be positioned at mid-shoulder and away from the neck. According to University of Michigan Transportation Research Institute Associate Professor Matt Read, any booster that does not allow good shoulder and lap belt fit should be redesigned.

Booster Seats Rated by the IIHS as "Best Bets" Include:

• Britax Monarch
• Britax Parkway
• Graco Turbobooster backless with clip
• Recargo Young Style
• Fisher-Price Safe Voyage backless with clip
• Fisher-Price Safe Voyage
• Volvo booster cushion
• Combi Kobuk backless with clip
• Safeguard Go backless with clip
• LaRoche Bros. Teddy Bear

IIHS "Good Bets" Include:

• Graco TurboBooster
• Combi Kobuk
• Safety Angel Ride Ryte
• Safety 1st/Dorel Apex 65
• Recaro Young Sport

If your son or daughter was injured because of a defective child auto safety seat, you and your family may be entitled to products liability compensation.

Many booster seats aren't up to the job of improving safety belt fit for children, IIHS.org

Booster Seat Evaluations, IIHS

Related Web Resources
Booster Seats, Keeping Children Safe in Crashes, IIHS

University of Michigan Transportation Research Institute

Child Passenger Safety: Ease of Use Ratings, NHTSA

Continue reading " IIHS Names 13 Booster Seats that Do Not Improve Safety Belt Fit for Kids " »

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

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

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