Product Liability Law Blog

The Insurance Institute for Highway Safety has announced its TOP SAFETY PICKS for 2009. 72 motor vehicles earned TOP SAFETY PICK awards, which is more than twice the number of vehicles that received the award for 2008.

Garnering a top safety pick award means that a vehicle does the best job it can to protect vehicle occupants during front, rear, and side auto collisions, as evidenced during IIHS tests. All award winners also come with electronic stability control (ESC), which helps motorists stay in control of their cars in the event of vehicle instability. ESC also decreases the chances of a deadly single-vehicle accident occurring by about 50% and reduces the risks of deadly rollover accidents by up to 70%.

Leading the pack with the most TOP SAFETY PICK awards is Ford and subsidiary Volvo with 16 winners, including the Ford Taurus and the Ford Fusion. Acura, Honda, and Subaru were also big winners with at least one TOP SAFETY PICK in each class where they submitted a vehicle.

Included among the TOP SAFETY PICK winners are Acura RL, 4-door Honda Accord, Subaru Tribeca, Cadillac DTS, Ford Fusion (with optional ESC), 4-door Honda Civic with optional ESC (except for the Si model), Saab 9-3, Volvo C70, Honda Fit, Hyundai Entourage, Buick Enclave, Audi Q7, Honda Pilot, Nissan Murano, Toyota Tacoma, and Volkswagen TIguan. For a complete list of TOP SAFETY PICK winners, visit the IIHS Web site (see link below).

Due to inadequate head restraint designs, 26 models, including the Toyota Prius Hybrid, the Kia Amanti, and the Chevrolet Malibu, failed to earn TOP SAFETY PICK awards despite good results during side and frontal crash tests. Chrysler, which is the only big automaker that did not win any TOP SAFETY PICK awards would have had five awards if its Dodge Avenger, Sebring Convertible, Chrysler Sebring, Chrysler Town & County, and Dodge Grand Caravan came with better head restraints. The Institute says drivers of motor vehicles with good seat/head restraints have a 15% less chance of suffering neck injuries in rear-end collisions. Neck strain or sprain is the most common kind of injury reported by traffic accident victims.

Unfortunately, there are many motor vehicles in the marketplace that continue to pose a danger to motorists because they are poorly designed or are made with faulty vehicle parts. Regular auto recalls continue to reflect that there is much more that auto manufacturers and safety officials must do to improve auto safety so that deadly motor vehicle accidents are prevented.

72 Winners of 2009 TOP SAFETY PICK Awards, IIHS, November 25, 2008

Gallery of Some of the TOP SAFETY PICK winners, CNN.com

Related Web Resources:
Insurance Institute for Highway Safety

Procedures for rating seat/head restraints, IIHS

Continue reading " 72 Motor Vehicles Receive IIHS Top Safety Pick Awards for 2009 " »

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

Posted In: Motor Vehicle Safety

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The death of a 1-year-old girl has prompted a voluntary recall by IKEA Home Furnishings of some 670,000 IRIS and ALVINE Roman blinds in the United States. The recall also includes 4.8 million blinds that were sold outside the country.

According to the US Consumer Product Safety Commission, the toddler died after her neck became entangled in the blind’s inner cord. Her playpen had been placed underneath an IKEA Roman Blind that had been fully lowered. She was discovered partially suspended by the cord.

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The IKEA blinds affected by the recall involve all IRIS and ALVINE Roman Blinds in the color white. Consumers are being warned to stop using the blinds immediately and return them to an IKEA store for a complete refund.

Furniture Hazards
Infants and toddlers can easily get their heads caught in furniture and other items around the house—especially if the household item is a dangerous or defective product. Common furniture items that can pose a strangulation hazard to kids include:

• Cribs
• Playpens
• Recliner chairs
• Bunk beds
• Drapery cords
• Window blind cords

Children younger than age 5 are especially at risk of getting hurt in a strangulation accident involving the cords for the drapes or window blinds.

According to Parents for Window Blind Safety, hundreds of children have died because of corded window treatments since 1973. Many injuries that occur every year go unreported. Reported injuries have included paralysis, brain damage, strangulation injuries, kidney failure, blindness, and death.

The CPSC says that there were 160 strangulations involving window blind cords between 1991 to 2000. On the same day the CPSC announced IKEA's voluntary recall, Green Mountain Vista Inc. announced a separate recall of 7,300 Insulated Roman Shades and Blackout Roller Shades. In May, a 2-year-old girl was nearly strangled when she put the blind's loose bead cord loop around her neck and fell from the radiator she was standing on. Green Mountain Vista will provide a tension repair kit if the tension device is missing from the blinds.

Death prompts IKEA blind recall, Chicago Tribune, November 21, 2008

Strangulation Death of a Child Prompts Recall of Roman Blinds; Sold Exclusively at IKEA, CPSC.gov, November 20, 2008

Children Can Strangle in Window Covering Cords, CPSC.gov

Near Strangulation of Child Prompts Recall to Repair Window Blinds by Green Mountain Vista, CPSC.gov, November 20, 2008

Related Web Resources:

Parents for Window Blind Safety

IKEA

Green Mountain Vista

Continue reading " 1-Year-Old’s Strangulation Death Leads to Recall of 670,000 IKEA Blinds " »

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

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As the holiday season approaches, more shoppers will start to arrive at toy and department stores to buy the latest toys for their sons, daughters, nieces, and nephews. To help parents and other purchase toys that are not only fun to play with but are safe for use, the nonprofit organization World Against Toys Causing Harm Inc. has issued its list of 10 toys that it considers dangerous enough that parents should exercise caution when allowing their kids to play with them.

WATCH'S List of 10 Worst Toys
1) Inflatable Giga Ball: WATCH notes that this inflatable ball (made by Kenscott Ltd.) that kids can crawl into, tumble around, and bounce in could cause potential impact and serious injuries.

2) Sportsman Shotgun: This toy is made by Parris Manufacturing Co. and comes with rubber bullets that could cause eyes injuries.

3) Animal Alley Purse Pet: WATCH is concerned that the hair on these dolls, made by Geoffrey Inc./Toys 'R' Us, can easily be removed and swallowed by kids, potentially causing aspiration and ingestion injuries.

4) Go Go Minis Pullback Vehicle: Made by Kid Galaxy Inc., WATCH is concerned that the toy truck’s back tires might come off and pose a choking hazard.

5) Spider-Man Adjustable Toy Skates: While Street Flyers LLC recommends that kids use knee pads, elbow pads, helmets, and wrist guards to prevent impact injuries, only the pads come with the skates.

6 Walk'n Sounds Digger the Dog: At 14-inches long, the toy’s dog leash is 2 inches longer than the toy industry voluntary 12-inch limit and may cause strangulation or entanglement injuries. This product is made Hasbro/Playskool.

7) Pucci Puppies - My Own Puppy House Golden Retriever: This Battat Inc. toy comes with small parts that could pose a choking hazard to kids.

8) Meadow Mystery Play-a-Sound Book With a Cuddly Pooh: The Disney Pooh’s mask could pose a choking hazard to kids if removed.

9) Extreme Spiral Copters: This slingshot-like toy that could potentially cause eye injuries. Made by Toysmith Group.

10) TMNT Ninja Battle Gear - Michelangelo
Hazard: While Playmates Toys Inc. warns that the toy’s small parts could pose a potential choking hazard, the toy manufacturer fails to warn parents of the potential for blunt impact injuries.

Dangerous and Defective Toys
Despite efforts to remove defective or dangerous toys from the marketplace, many hazardous toys continue to be available for purchase. According to the Consumer Product Safety Commission, there are still many toys available on store shelves that place children at risk for sustaining:

• Choking injuries
• Aspiration injuries
• Burn injuries
• Impact injuries
• Strangulation
• Impalement
• Lacerations
• Puncture wounds
• Lead exposure-related injuries
• Magnet-related internal injuries
• Death

W.A.T.C.H.'s annual list of 10 worst toys, Boston.com

Consumer Product Safety Commission

Related Web Resources:

US PIRG

WATCH

Continue reading " WATCH Issues 2008 List of 10 Worst Toys " »

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Posted In: Injuries to Children & Minors , Toys

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Auto manufacturer Chrysler and the National Highway Traffic Safety Administration are recalling 20,283 Dodge Charger and Magnum police cars. The 2006 to 2009 models come with a police package that includes a column shifter. The recall affects vehicles made before and after the recall package refresh.

The concern is that the wrong gearshift position might be displayed if the gearshift cable gets disengaged from the steering column mounting bracket. If this occurs, the police car might move without the driver intending it to and lead to a motor vehicle crash.

So far, there have been no injuries or accidents related to this particular gear defect. However, the recall comes after 55 field reports of problems and 9 customer complaints involving the 2007 Magnum and Dodge Charger police cars. For example, in Maryland, the Montgomery County Police Department filed a report that a Chrysler vehicle might look like it was in “park” gear when it was actually in “drive” mode.”

To remedy this latest defect, Chrysler auto dealers will install a redundant locking mechanism to ensure proper retention and shift linkage function.

Gear Defects
When a driver thinks that the gear of a motor vehicle is in “park” mode and the car suddenly drives forward or reverses itself, other motorists or pedestrians can get hurt. Over the years, there have been a number of motor vehicle accidents that have led to personal injury or wrongful death cases because of park transmission defects in other Chrysler vehicles. School kids and young children are especially susceptible to serious injury if the car that they are walking in front or behind of that they think is parked suddenly accelerates unintentionally or kicks into reverse.

While motor vehicle crashes do occur because of negligent driving, many auto accidents happen because of manufacturing defects. It is important to hold an auto manufacturer liable if an auto defect is the cause of someone’s injury or death.

Chrysler Recalls 20,000 Dodge Police Cars,The Boston Channel, November 11, 2008

Related Web Resources:

Chrysler

National Highway Traffic Safety Administration

Continue reading " Chrysler and NHTSA Announce Recall of 20,283 Dodge Police Vehicles Because of Gearshift Defect " »

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Posted In: Automotive Product Liability

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The National Highway Traffic Safety Administration has announced its "final rule" on improving school bus safety. Only new buses are subject to the rule, which goes into effect in 2011.

The new rule requires new school buses to have 24-inch-high seat backs that will hopefully prevent heavier and taller kids from being thrown over their seats during a school bus crash so that they don’t injure themselves or the children riding in front of them. Also, all new school buses must now include seats with safety latches that can be removed or flipped without the use of special tools.

New Seat Belt Requirements
While smaller school buses (weighing under 5 tons) will be required to install lap and shoulder belts in all their seats, large school buses still won’t be required to come with seat belts—even though studies indicate that 1,900 injuries a year could be prevented if seat belts were installed in large school buses.

US Secretary of Transportation Mary E. Peters pointed out that installing seat belts in large school buses will limit how many kids could ride in the vehicles, forcing students to walk or ride in cars to school—two methods of travel that (statistically) are not considered as safe as riding in school buses. Instead, federal safety regulators are providing new criteria for installing safety belts in large school buses and leaving the discretion of whether seat belts should be installed in these buses in the hands of state and local governments.

School Bus Defects
There are 474,000 school buses in the United States. Unfortunately, there are school bus manufacturers that continue to act negligently when designing and making these motor vehicles. School bus defects, such as poorly designed handrails that can easily catch a child’s clothes or school bag straps as he or she exits or enters the bus, defective brakes, faulty tires, and defective seats, have led to school bus recalls.

When a catastrophic bus accident occurs because a school bus or one of its parts was poorly designed or made and kids on the bus or others on the road are seriously injured or killed, the school bus manufacturer and/or any other responsible parties must be held liable for products liability.

New Federal Rule to Make School Buses Safer, Allow Districts to Use Federal Funds to Pay for Seat Belt Installations, U.S. Secretary of Transportation Mary E. Peters Announces, NHTSA, October 15, 2008

Related Web Resources:
Read the Final Rule on School Buses, NHTSA (PDF)

Recalls

Continue reading " NHTSA School Bus Safety Ruling Calls for Higher Seat Backs and Introduces New Seat Belt Requirements " »

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Posted In: Automotive Product Liability

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The US Consumer Product Safety Commission and Hewlett-Packard, Dell, and Toshiba are working together to recall some 35,000 lithium-ion batteries used in the companies’ notebook computers because of concerns that the batteries could overheat and catch fire. The batteries are made by Sony Energy Devices Corporation. An additional 65,000 Sony batteries outside the United States are also part of the Sony recall.

In the United States, the batteries were sold separately, as well as included with certain Dell, Hewlett-Packard, and Toshiba notebooks. Details about which laptops are affected by the battery recall, as well as the model numbers of the recalled batteries can be found on the CPSC Web site.

In the United States, there have been at least 19 reports of incidents involving the notebook batteries overheating. 17 of the incidents involved batteries that caught fire, resulting in two consumers sustaining minor burn injuries and 10 incidents of property damages.

Outside the US, Sony has received at least 40 reports of battery malfunctions. Property was damaged in 21 of the incidents, while four incidents involved consumers who sustained minor burn injuries. Sony says all of the defects related to this latest battery recall are a result of a production line adjustment. The modifications, geared towards greater efficiency, resulted in the manufacture of these defective batteries.

In 2006, Sony announced a worldwide recall of 9.6 million laptop batteries that were used in computers made by Toshiba, Dell, Lenovo Group Ltd, and Apple Inc. Sony says the defective batteries from the 2006 recall were also made by Sony Energy Devices Corporation.

In September 2008, Sony recalled approximately 73,000 VAIO TZ-series Notebook Computers because of worries that irregularly positioned wires close to the computer’s hinge could result in a short circuit that could cause the laptop to overheat, putting users at risk of sustaining burn injuries.

Injuries Caused by Overheating Laptops
Laptops are at risk of overheating because they require rechargeable batteries that do heat up. In the event that a battery defect or a laptop malfunction causes the computer to get too hot, people can suffer serious burn injuries—especially if the computer catches fire.

Sony Recalls More Laptop Batteries, WSJ Online.com, November 1, 2008

PC Notebook Computer Batteries Recalled Due to Fire and Burn Hazard, CPSC.gov, October 30, 2008

Related Web Resources:

Laptop Overheating? Some Useful Hints to Prevent It, Associated Content

Sony Recalls Notebook Computer Batteries Due to Previous Fires, CPSC.gov, October 23, 2006

Continue reading " CPSC, Hewlett-Packard, Dell, and Toshiba Work Announce Recall of 35,000 PC Laptop Batteries Made by Sony Because of Burn and Fire Hazard " »

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

Posted In: Burn Injuries , Electrical Product Defects

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