Product Liability Law Blog

The Consumer Product Safety Commission and Yamaha Motor Corp USA have announced a “free repair” program of approximately 120,000 off-highway recreational vehicles. This program refers to the the Rhino 660 , the Rhino 700, and the Rhino 450. The purpose of this free repair service is to make some modifications to the all-terrain vehicles to minimize the chances of a rollover accident happening.

While some media sources are calling this repair program a recall, Yamaha has been quick to say that this is not an official recall. Either way, there have been over 50 incidents resulting in 46 fatalities to both drivers and passengers, as well as hundreds of injuries, since the vehicles were first distributed in 2003.

Over 2/3rds of the accidents involved rollover crashes. The CPSC says that many of the rollover accidents took place when the driver was turning the two-passenger vehicles on level ground and moving at a slow speed. In certain cases, the rider who was injured or killed may not have been using a safety belt.

Although the off-road vehicles are supposed to be driven only by people 16 years of age or older that have actual driver’s licenses, some of the deaths involved younger people who were either riding or operating the vehicles against the manufacturer’s recommendation.

The repairs are intended to improve handling, better contain the riders’ limbs within the vehicles, and reduce rollover accidents. A rear wheel spacer will be installed and a rear-anti-sway bar will be taken off. Yamaha vehicles that have yet to be sold will also be repaired.

Injuries related to these Yamahas have been known to be severe. One girl lost her arm in an ATV accident two years ago when she was on a Rhino. Other Rhino-related injuries have included crushed bones, broken bones, damaged muscles, and death.

The Yamaha Rhino is a cross between a utility vehicle and a smaller ATV. Its design seems to cause a number of stability issues. It doesn’t help that this vehicle doesn’t have to adhere to the safety standards that typical ATV’s have to abide by because it comes with a steering wheel and not handle bars.

Although consumers must listen to manufacturer warnings and operate their all-terrain vehicle as intended, it is also the responsibility of the off-road vehicle manufacturer to make sure that their vehicles are designed in a manner that is free from any inherent defects that could cause injury or death.

To date, there have been approximately 200 personal injury lawsuits filed against Yamaha, which maintains that many of the injuries and deaths occurred because of improper operation and the failure to use safety equipment. Yamaha has, however, settled some of the products liability lawsuits against it.

Yamaha Motor Corp. Offers Free Repair For 450, 660, and 700 Model Rhino Vehicles, CPSC, March 31, 2009

Off-road vehicles recalled after 46 deaths, Los Angeles Times, March 31, 2009

Yamaha off-road vehicles linked to deaths-US govt, Reuters, March 31, 2009

Continue reading " Yamaha Motor Corp USA Calls Back 120,000 Off-Road Vehicles Following 46 Fatalities for Free Repairs to Prevent Rollover Accidents " »

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Posted In: Automotive Product Liability

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The Insurance Institute for Highway Safety has unveiled its new roof strength rating system for motor vehicles. The IIHS says that out of the 12 small SUV’s that were tested, only four of them earned a “good” rating, which is the highest rating possible.

The roof strength test pushes a metal plate against one side of the roof at a regular speed, and before getting crushed five inches, the roof must have withstood a force that is four times more than the weight of the vehicle. To earn an acceptable rating, the SUV must exhibit a minimum strength-to-weight ration of 3.25, which is also influenced by the vehicle weight and the engine size. SUVs with roofs that performed well on the Institute’s test have roofs that are at least 2.5 times stronger than the federal government’s minimum roof strength safety standard.

The National Highway Traffic Safety Administration’s current roof safety standard, established in 1973, calls for passenger vehicles to be able to withstand during a rollover crash a force that is 1.5 greater than the motor vehicle’s weight. Although the federal government is pushing to have the strength-to-weight ratio upgraded to 2.5 and to have this standard apply to vehicles with a gross weight of more than 6,000 (which would include the larger SUV’s and pickup trucks), the Institute is pushing for even tougher standards.

IHS Roof Strength Test Results:
Volkswagen Tiguan – ranked first among vehicles that earned a “good” vehicle roof rating.
Jeep Patriot – Good
Subaru Foster – Good
Honda Element – Good
Mistubishi Outlander – Acceptable
Suzuki Grand Vitara – Acceptable
Toyota RAV4 – Acceptable
Chevrolet Equinox – Acceptable
Nissan Rouge – Acceptable
Ford Escape – Marginal
Honda CRV – Marginal
Kia – Poor

The Institute says the roof strength rating system will hopefully make it even easier for buyers to choose the safest motor vehicles. The roof strength rating system will also play a role in the selection of IIHS’s 2010 Top Safety Picks.

While SUV roofs are now designed so that they are stronger than those that were made a few years back, there are still over 10,000 people a year that are killed in rollover accidents. 25% of all passenger occupant fatalities involved minivans or cars rolling over, with SUV’s considered highly susceptible to rollover accidents.

A rollover accident will frequently damage a vehicle’s roof, crushing or deforming it and causing serious injury to vehicle occupants. This is why the stronger the roof, the greater the protection for those inside the motor vehicle. Auto manufacturers can no longer afford to make vehicles with roofs that are poorly designed or constructed.

Roof strength is focus of new rating system; 4 of 12 small SUVs evaluated earn top marks, IIHS.org, March 24, 2009

Roof Strength Another Step In Auto Safety, CNBC.com, March 24, 2009

Federal Motor Vehicle Safety Standards and Regulations, NHTSA.gov

Roof Strength and Injury Risk in Rollover Crashes of Passenger Cars and SUVs (PDF)

Continue reading " Insurance Institute for Highway Safety Presents New Roof Strength Rating System for Autos " »

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Posted In: Automotive Product Liability , Roof Crush

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An ASTM International committee comprised of major crib makers is pushing forward a proposal to ban drop-side cribs. Among the reasons for this is that there have been over three million cribs recalled since the fall of 2007 and a number of child injuries and deaths have occured because of cribs that were poorly designed, incorrectly assembled, or came with defective or missing crib parts.

Entrapment and strangulation have been known to occur when a drop-side crib has malfunctioned, and the Consumer Product Safety Commission says that over the past 18 months there have been at least three child deaths involving drop-side cribs. The CPSC also reports that there have been over two dozen incidents involving the drop-sides detaching from the cribs, which can lead to serious fall accidents injuries.

Drop-side cribs have one side that can be lifted and lowered. They are especially popular among parents and other adults who are shorter or have back issues. The cribs are known for their ease of use.

The ASTM consumer product committee has to approve any proposal regarding a drop-side crib ban and it might take a year for the order to become effective. The ban also would only be applicable to new cribs.

One committee manager said the group has also talked about dealing with the problem of “slat integrity,” referring to wooden slats and spindles on a crib that might break, causing an infant to become strangled or entrapped. ASTM International’s standards are established with feedback from crib makers, users, industry stakeholders, consumer advocacy groups, testing labs, and government regulators.

Last year, Delta Enterprises recalled 1.6 million drop-side cribs because of potential spring peg and safety peg failure. This was the fifth recall since the fall off 2007 involving cribs. Other brands of drop-side cribs that have been recalled include Simplicity, Jardine, Bassetbaby, and Graco.

Since the Delta recall, the Consumer Product Safety Commission has been warning consumers to check their older cribs for potentially dangerous hazards. The CPSC also has been trying to determine how cribs can be better made and if mandatory crib safety standards need to be improved.

No More Drop-Side Cribs?, MSNBC, March 19, 2009

Crib Makers Propose Ban On Drop-Side Cribs, NPR, March 18, 2009

Major manufacturers propose ban on drop-side cribs, Chicago Tribune, March 22, 2009

Related Web Resources:
Consumer Product Safety Commission

ASTM International

Continue reading " Crib Makers Propose Banning Drop-Side Cribs " »

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

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As if the publicity couldn’t get worse for financially beleaguered auto making giant General Motors, the company announced two separate auto recalls last week. GM is recalling about 1,738 2009 Hummer H3T’s because of a problem with the front support strap of the vehicle’s fuel tank. In the event that the strap becomes fractured, the 27-gallon tank could separate from the vehicle and potentially cause a motor vehicle accident.

In a much larger recall, GM announced that it is calling back approximately 277,000 passenger vehicles and light trucks because of a problem with the gear that could cause some of the cars to begin rolling away after they are parked. The car manufacturer and the NHTSA say a flaw in the transmission cable system could prevent the gears from fully engaging and make a car appear to be in park mode when in fact, it is not. Investigators say this defect could also explain the warranty complaints that have been filed regarding certain GM motor vehicles that wouldn’t start up again once the vehicle gear had been placed in park.

GM vehicles affected by the recall are all 2009 models and include the Buick Enclave, the Chevrolet HHR, Cobalt, Traverse, and Malibu, the GMC Acadia, the Pontiac G5 and G6, and the Saturn Outlook and Aura. To date, there are no reports of injuries or deaths related to this recall. Fortunately, most of these recalled vehicles are still at dealerships and only about 75,000 others were purchased.

Even with the problems thrust upon them by the financial crisis and their need to cut jobs and obtain loans from the government to stay in business, auto manufacturers must make sure that their vehicles are safe for consumers. In January, Toyota Motor Corp. announced the recall of 1.3 million motor vehicles internationally because of a defect that could cause the foam pad located near the seat belt to catch on fire during motor vehicle crashes because the mechanism that is supposed to tighten the seat belt emits a certain gas. 134,900 Yaris subcompacts (2006 and 2007) models sold in the US were part of the recall.

A vehicle with an auto defect can result in serious injuries for vehicle occupants and other motorists and pedestrians. Unfortunately, many recalls don't happen until after a consumer has reported a problem, which means a motor vehicle crash may have already happened before the defect could be remedied.

Global Recall by Toyota; Affects 1.35 Million Cars, Huliq News, January 2009

GM Recalls Hummer H3T Because Gas Tank Could Fall Off, Gas2.org, March 15, 2009

GM recalls more than 276,000 vehicles for gear fix, Reuters, February 13, 2009

Related Web Resources:
General Motors

Toyota

National Highway Traffic Safety Administration

Continue reading " General Motors Recalls 1,738 Hummers and 277,000 Chevrolet, Pontiac, and Saturn Motor Vehicles " »

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Posted In: Auto Recalls

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The National Highway Traffic Safety Administration says it is planning a complete review of existing child safety restraint standards. The announcement, reports the Chicago Tribune, comes in the wake of the newspaper’s findings that existing safety standards may be flawed.

The Tribune says that it found, buried in thousands of NHTSA reports, results from tests used to rate the car safety of 2008 model vehicles. What was disturbing, the newspaper reported, is that out of 66 infant seats used in these frontal collision tests, nearly 50% of the safety restraints either separated from the vehicle or exceeded injury limits.

These findings were never issued to the public. Joan Claybrook, the president emeritus of Public Citizen and a former NHTSA administrator, says the NHTSA behaved negligently when it failed to notify consumers about these results.

Usually the strength and safety of child safety restraints are evaluated with tests using sled benches traveling at about 30 mph. However, simulated tests involving real motor vehicles driving into walls at about 35mph may be more in line with what actually could happen on the road, reports the Tribune.

Some of the test findings were disturbing enough that they spurred child safety seat makers into action. For instance, when used in tests involving 3,015 pound barriers being crashed into the sides of real cars, the Evenflo Discovery seats kept falling off their bases. The company eventually recalled 1,000,000 child safety seats following these poor test findings. One safety seat, the Combi Centre infant seat, kept falling off its base in frontal crash tests. Last year, Combi recalled these seats.

These findings raise the question of how accurate current testing standards are for child safety seats and if they aren’t accurate, then how much information do parents really have when trying to determine which seat works best in what car.

Meantime, federal regulators are trying to figure out how to improve their sled bench tests for child safety seats. US Transportation Secretary Ray Lahood says that the government will work harder to make crash-test results more accessible to the public. Some child car safety seat makers, however, are questioning the accuracy of the tests and their findings.

Child Car Safety Seat Recalls
In 2007, 7,000 babies were injured in motor vehicle crashes, while 63 others were killed. All of the accident victims were using child safety restraints at the time of the deadly motor vehicle accidents. Recent child safety seats that have been recalled include 5,500 Recaro Signo car seats, approximately 32,000 Peg Perego Primo Viaggio infant car restraints, and over 30,000 Britax Frontier combination car seats.

There are instances when the life of an infant or a young child might have been saved if he or she had been seated in a child safety restraint that wasn't defectively designed or did not malfunction. A defective child safety seat can be the cause of catastrophic injuries to a child's brain, head, or spine.

NHTSA Statement on Review of Federal Standards for Child Safety Seats,NHTSA, March 2, 2009

Car seat tests reveal 'flaws', Chicago Tribune, March 1, 2009

Related Web Resources:
Child Passenger Safety, NHTSA

Recalls, CPSC.gov

Continue reading " NHTSA Announces Top to Bottom Review of Current Child Safety Seat Standards " »

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

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In the last four days, the Consumer Product Safety Commission has announced the recalls of four products due to concerns that they could pose an electrical or fire hazard to users. Products that are part of the recalls include:

Approximately 13,000 Ritchie immersion heaters: The reason for the recall is that there is a possibility the heater could crack, exposing the heating element in the heater to water. If this happens, someone who comes in contact with the heater could experience electric shock. To date, there have been 44 reports of heater covers cracking. Fortunately, no one has been injured so far. With the cold weather expected to last in many parts of the United States for at least several more weeks, however, now is a good time to return these heaters and get them replaced.

Holiday Ultra-Brite Lights distributed by Universal Distribution Center: Some 52,000 products are part of this recall. A defect involving undersized wires could cause the light sockets to become exposed if the wires separate from the plugs. The CPSC is concerned that this product may pose a fire or electric shock hazard to users.

All-Clad 4-Square Belgian Waffle Makers, distributed by All-Clad Metalcrafters LLC: The waffle maker’s wiring is easily damaged and could pose a shock or fire hazard if someone were to come in contact with the waffle maker’s metal parts. Already there have been 20 reports of the waffle makers giving out sparks. No injuries have been reported so far. These waffles are sold only through Williams-Sonoma.

Approximately 430 Tealight Candleholders, which are sold at Seventh Avenue and distributed by Berkeley Designs: The CPSC says the resin accents on the candleholder’s sides could ignite and cause a fire. While no injuries have been reported, there is one report of a candleholder catching fire.

Defective Household Products
While household products and furniture items may seem like useful and generally harmless items to have in your home and around your children, there are those products that are defectively made or end up malfunctioning that could pose a serious physical threat or health risk to you and your family. Dangerous electrical appliances, such as defective microwaves, washing machines, stereos, coffee makers, dishwashers, heaters, refrigerators, and other products that require the use of electricity can turn into dangerous products that leave you vulnerable to electrocution injuries, electrical burns, burn injuries, or death. A small fire caused by a defective electrical appliance or another item requiring the use of flames could rapidly turn into a devastating blaze that could destroy not just your home but the lives of those you love.

The manufacturers of household products and other consumer goods must be held accountable if a defective or malfunctioning product causes an injury or death. Filing a products liability lawsuit is one way to hold the negligent party liable.

Ritchie Immersion Heaters Recalled By Springfield Wire Due to Shock Hazard, CPSC, March 4, 2009

Holiday Lights Recalled by Universal Distribution Center Due to Shock and Fire Hazard, CPSC, March 4, 2009

All-Clad Recalls 4-Square Belgian Waffle Makers Due to Shock Hazard; Sold Exclusively at Williams-Sonoma, CPSC, March 4, 2009

Seventh Avenue Recalls Tealight Candleholders Due to Fire Hazard, CPSC, March 3, 2009

Related Web Resources:
Protect yourself and your home from electrical hazards

Electrical Safety, CDC

Burn Survivor Resource Center

Continue reading " Burn and Electrocution Injuries Are Reasons for Latest CPSC Recalls of Heaters, Holiday Lights, Waffle Makers, and Tealight Candleholders " »

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

Posted In: Burn Injuries , Electrical Product Defects , Furniture and Accessories , Household Appliances

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