Product Liability Law Blog

A jury has awarded a 12-year-old boy a $12 million tire tread separation verdict for injuries he sustained in a 2006 New Years Eve auto accident in Mexico. Jesus Guzman, who was 10 at the time, is now paralyzed. The tire was a Goodrich tire made by Michelin & Cie.

The deadly motor vehicle accident happened outside Matamoros when one of the tires of a 2002 Ford F-250 pickup truck failed, causing the motor vehicle to swerve head on into a Chevrolet suburban. Everyone riding the SUV died—four of the casualties were under age 14. Loved ones who were riding in the pickup truck along with Guzman were injured.

According to the defective tire lawsuit involving injuries to a child, leaking roofs and broken air conditioners at a Michelin plant caused the tire maker’s machines to make defective tires that could likely fail. By issuing its $11.96 million verdict against Michelin for Guzman's spinal cord injury, the Texas jury rejected the tire manufacturer’s claim that the Ford truck’s bumper had scraped off the top of the tire.

Tire Tread Separation
The treads of a tire (especially steel-belted radial tires) can become separated. Because the steel does not properly adhere to the tire, driving at high speeds or hot weather can cause the separation to happen. Tire tread separation is linked to design and manufacturing defects.

Tire tread separation can lead to tire blowouts that can cause the driver to lose control of the vehicle and drive off the road, into oncoming traffic, or roll over. SUV’s are especially prone to rollover crashes during a tire blowout.

The fallout from being involved in an auto accident caused by tire tread separation can be catastrophic.

Just last week, the six members of the Scotland Yard Gospel Choir were hurt during a van rollover crash that was caused by what investigators believe was tire failure. Head trauma and broken bones were some of the injuries that the victims sustained.

Auto crashes that are a result of tire defects, including tire failure, tire tread separation, tire blowouts, and tire/rim explosions are preventable. This is one reason that a tire maker should be held liable for auto products liability. Car crashes can be deadly, which is why it is a tire manufacturer’s responsibility to make sure that their tires are free from defects that could cause a deadly motor vehicle accident.

Michelin Tire Tread Separation Lawsuit Results in $12M Verdict, AboutLawsuits, September 21, 2009

Michelin Loses $12 Million Verdict in Suit Over Crash, Bloomberg.com, September 10, 2009

Chicago's Scotland Yard Gospel Choir injured in van accident, Chicago Sun-Times, September 25, 2009

Related Web Resources:
Tires, NHTSA

Consumer Reports

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Posted In: Automotive Product Liability , Injuries to Children & Minors , Kids in Cars , Spinal Cord Injuries , States , Texas , Tires

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A bankruptcy judge has approved a $24 million auto products liability settlement between Chrysler and the family of Richard Mraz. In 2007, Mraz’s loved ones won a $55 million jury award for the 38-year-old’s wrongful death. DaimlerChrysler, however, appealed the verdict, and the appeal was delayed after the auto manufacturer filed for bankruptcy in April. Negotiations between the automaker and the Mraz family's auto products liability lawyers ensued, resulting in this new settlement.

Products liability plaintiffs have expressed frustration and worry that Chrysler’s bankruptcy proceedings would prevent them from recovering personal injury and wrongful death compensation. The new Chrysler Group LLC had initially agreed to accept products liability for vehicles that were manufactured after the bankruptcy but has now agreed to accept older liabilities for injuries that were sustained after it emerged from bankruptcy last June. Chrysler auto products liability lawsuits for cases that occurred prior to the Chapter 11 filing will be limited to the old company’s assets.

The auto products liability lawyers representing Mraz’s family had insisted that Chrysler post bond during the appeals process, which allowed for negotiations with the appeal bond issuer to take place.

Mraz, 38, sustained fatal head injuries on April 13, 2004 after he was run over by the 1992 Dodge Dakota he had been driving moments before the deadly car accident. His family sued DaimlerChrysler for wrongful death. They claimed that the “park-to-reverse” defect is what killed Mraz.

Also known as “false park," the “park to reverse” defect is a auto part flaw that allows the transmission shift selector to get stuck in the position between park and reverse while the engine is running. The slightest movement can cause the shift selector to slip into reverse and the vehicle can end up moving backwards to strike a pedestrian, the driver (if he or she steps out of the vehicle), or another vehicle.

DaimlerChrysler had received more than 1,000 auto products liability complaints over this defect.

Judge OKs $24M Chrysler wrongful death settlement, AP, September 24, 2009

More Chrysler Personal Injury Lawsuits Will Be Recognized by New Company, About Lawsuits, August 31, 2009

Related Web Resources:
Chrysler injury victims protest outside company headquarters, ABC News, July 27, 2009

Chrysler LLC

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Posted In: Automotive Product Liability , California , States , Wrongful Death

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Two years after the death of her 2-year-old daughter, Connie Bergey is suing now defunct crib maker Simplicity for wrongful death. Her Florida furniture products liability lawsuit contends that a defect in the Simplicity 'Crib n Changer Combo, a drop side crib her daughter Serenity was using, is what caused her death.

Serenity’s head got caught in the crib’s frame. Two days after she died, a recall of over 1 million Simplicity cribs was issued that included the very same model that Serenity was using.

In her products liability lawsuit, Bergey is accusing Simplicty of knowingly selling cribs that were dangerously designed and endangering infants’ lives. She contends that the Simplicity crib recall should have been announced before her daughter died. Her Florida wrongful death complaint says that when the crib’s drop side came off, a gap was created, which caused the fatal entrapment accident. Bergey says she was devastated when she went to her daughter’s crib and, rather than finding her sleeping peacefully, discovered her daughter stuck in the side of the crib.

Simplicity is no longer in operation. The crib maker was forced out of business following dozens of child injuries and at least four kid deaths from entrapment accidents involving its defective cribs.

Even after Simplicity shut its doors, the US Consumer Product Safety Commission continued to issue more recalls. In August 2008, 900,000 bassinets were recalled. Another 600,000 drop side cribs were recalled in September 2008. Just this January, the CPSC recalled 200,000 portable play yards.

There is no loss for a parent greater than the loss of a child. It can be even more devastating to discover that your son or daughter suffocated or died in a crib that you thought would keep your child safe.

While issuing product recalls has been known to save lives, a crib recall cannot bring back the life of the children who died prior to the recall announcement.

Some other crib design defect that have been known to cause injury:

• The crib slats are spaced too far apart that an infant’s head or body can get stuck in between two slats.

• The crib’s corner posts are designed in a manner that entanglement accidents can occur.

• The mattress is made from hazardous material or its size does not fit the crib securely enough to prevent entrapment accidents from happening.

Ffamily files lawsuit after child dies in crib, WPTV, September 9, 2009

Related Web Resources:
Simplicity for Children

Consumer Product Safety Commission

Choosing a crib, American Academy of Pediatrics

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

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According to EMS Magazine, some 475,000 US kids in the 14 and under age group suffer from traumatic brain injuries. While 90% of TBI kid patients are seen in emergency rooms and then released, there are still over 47,000 patients a year who end up hospitalized because of a TBI.

Fall accidents, car accidents, and incidents involving the victim getting hit by or struck against a hard object continue to be the most common causes of traumatic brain injuries in the US. 2,685 children die each year because of TBIs while more than 30,000 kids with TBIs will sustain permanent disabilities.

Our injuries to children and minors lawyers represent the families of babies, toddlers, young children, adolescents, and teenagers who were seriously injured in personal injury accidents. Many of our injuries to minors cases involve children who were injured or killed because of a defective product. Gilbert, Ollanik, & Komyatte, PC is one of the most recognized products liability law firms in the US.

Traumatic brain injuries—whether sustained in a car crash, from a drowning accident, in a fall accident at the playground, because the child car safety seat or seatbelt restraint system was defective, during a suffocation accident that occurred because a crib was defectively designed, or from a choking accident that happened because a child swallowed a defective toy part—can drastically alter the life of the child victim and his or her family forever.

A TBI can result in impaired vision, hearing problems, speech difficulties, muscle spasticity, seizures, paralysis, memory deficiencies, communication problems, impaired writing and reading abilities, impaired judgment, mood swings, anxiety, agitation, depression, and problems relating to others.

A TBI's degree of severity will determine the problems that can result from this type of head injury. In many instances, a child with a TBI will need special services to cope with living with a traumatic brain injury, and the ongoing therapy and medical help can become very costly. There are also other damages that a TBI victim can suffer, including loss of the ability to live a normal life, loss of independence, or the inability to enjoy the normal activities that most kids without a traumatic brain injury get to experience.

If your child’s TBI occurred because a product manufacturer, a premise owner, a car driver, a trucker, a motorcyclist, or another party was negligent or careless, your son or daughter may be entitled to personal injury recovery.

Severe Pediatric Traumatic Brain Injury, EMS Responder

Traumatic Brain Injury, Kidsource.com

Related Web Resources:
Traumatic Brain Injury Information Page, National Institute of Neurological Disorders and Stroke

National Center for Injury Prevention and Control

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Posted In: Catastrophic Injuries , Infant Products , Injuries to Children & Minors , Kids in Cars , Motor Vehicle Safety , Nursery Products , Playground Products , Swimming Pools , Toys , Traumatic Brain Injuries

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Denver’s Craig Hospital, a nationally known and respected hospital, now caring for spinal cord and brain- injured patients, was founded by Frank Craig in Lakewood, CO in 1907 for the treatment of indigent men with tuberculosis. Its initial name was “Tent Colony of Brotherly Love.” In 1909, the name was changed to Craig Colony in memory of its founder.

In 1955, with the decline of tuberculosis, the facility started treating multiple sclerosis, muscular dystrophy, polio and spinal cord injuries. Within two years, with a new medical director, Dr. John Young, Craig began shifting its focus exclusively to spinal cord and brain injuries. Craig officially became known as “Craig Rehabilitation Center.” In 1966, the name became “Craig Rehabilitation Hospital” Dr. Young is considered the founder of modern Craig.

In 1969, Craig moved from Lakewood to Denver and built an 80-bed rehabilitation hospital on the ground of Swedish Hospital. The two were connected by a tunnel. By 1970, Craig began an in-house neurosurgical program.

1974 saw the opening of a shared Neurotrauma Unit at Swedish Hospital, designed by Dr. Harry R. Hahn. It was one of the first models of its kind. Finally, in 1975, Craig became “Craig Hospital.”

The Traumatic Injury Team was created distinct from the Spinal Cord Injury Teams under the direction of Dr. Hahn ad was soon thereafter intensely developed by Dr. Mark Cilo. In 1978, “Pete” Peterson, M.D. published a leading text, “The Management of High Quadriplegia” in 1989.

In 1980, Craig Hospital staff was instrumental in the creation and early development of the Colorado Head Injury Foundation, now known as the Brain Injury Association of Colorado. In 1983, Craig expanded by 63,000 square feet, which included a large gymnasium, an outpatient clinic, a media studio, therapy areas and department offices.

In 1989, U.S. News and World Report began ranking hospitals. Craig was ranked in the top 10 rehabilitation hospitals in the U.S. Craig physicians and staff are widely sought after for presentations and publications, averaging 75 professional presentations a year and publishing 20-25 articles and book chapter per year.

Craig has received numerous prestigious awards over the years for its outstanding medical and support staff and excellent facilities.

Continue reading " Craig Hospital in Colorado One of the Very Best " »

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Posted In: Automotive Product Liability , Brain Injuries , Catastrophic Injuries , Colorado , Injuries to Children & Minors , Spinal Cord Injuries , Spinal Cord Injuries , Traumatic Brain Injuries

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The National Highway Traffic Safety Administration is sponsoring Child Passenger Safety Week. From September 12 – 18, parents can go to a free safety seat inspection station where safety technicians can show them how to properly install a child safety seat. Please click on the link provided below to find an inspection station near you.

The NHTSA says child safety seat use is at its highest ever:

Kids 0-12 months: 99% child safety seat use
1-3 years: 92% child safety seat use
4-7 years: 89% child safety seat use

Also, drivers who used seat belts were more likely to place children in child safety seats than motorists who were unbelted.

Thousands of safety seat inspection sites have been set up throughout the US. While the NHTSA has found that most young children are using child safety seats many of them are not properly secured in the restraint devices. This means that these kids are still susceptible to the dangers that parents are trying to avoid by properly restraining them.

Out of every four child restraint systems in use, three of them aren't used correctly. In some instances, the seats that were selected for certain children was not appropriate for their weight or age, children were not properly secured in their seats, or the restraint systems were not correctly attached to vehicles.

Our child seat defect law firm cannot emphasize enough how important it is that you choose the right child safety seat for your son or daughter. Not only should the restraint system be the appropriate one for your child’s age and weight, but you must make sure that your child and the restraint system are secured correctly. It is also the responsibility of the child safety seat manufacturer to make sure that the seat is free from design or malfunction defects, comes with the proper and complete instructions, is marketed correctly and appropriately, and warns of any risks and dangers that can result from use. Defects to child safety seats can prove fatal during a car crash and may result in traumatic brain injuries, crush injuries, and even death.

Our child seat defect lawyers are nationally recognized for our work representing clients with injuries to minors cases whose children were hurt in auto accidents because a child safety seat manufacturer was negligent or because of some auto defect that proved catastrophic.

U.S. Transportation Secretary Ray LaHood Launches Child Passenger Safety Week, NHTSA, September 10, 2009

Child Restraint Use in 2008 (PDF)

Related Web Resources:
Car Safety Seats: A Guide for Families 2009, American Academy of Pediatrics

Seat Inspection Station Locator

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Posted In: Child Car Safety Seats , Defective Seatbelt and Restraint System Cases , Injuries to Children & Minors , Kids in Cars

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The outcome of more than 300 auto products liability lawsuits are now being questioned, following allegations by a former senior counsel for Toyota Motor Sales Corp. that the company made him withhold key evidence from plaintiffs who had sought recovery for personal injury or wrongful death. Dimitrios P. Biller has filed a federal racketeering lawsuit alleging that because he complained to the company about its alleged misconduct he was forced to resign.

While working for Toyota between 2003 and 2007, Biller defended Toyota against plaintiffs whose rollover lawsuits pinpointed that the vehicles’ weak and unstable roofs as a cause of the injuries and deaths. His complaint also accuses Toyota of failing to turn over electronically stored data to the auto products liability lawyers of the plaintiffs.

Biller claims that the company withheld test information by allowing an engineering subsidiary to destroy key documents in hundreds of rollover accident cases where roof crush issues were a factor. He says that even today there are Toyota motor vehicles that fail to meet the automaker’s safety goals.

Our auto products liability lawyers at Gilbert, Ollanik, & Komyatte, PC have settled dozens of Toyota rollover accident cases. Biller’s allegations if they are true, are indeed very serious.

Already, a class action lawsuit has been filed accusing Toyota of illegally concealing evidence in rollover accident cases on behalf of plaintiffs who either settled or lost their auto products liability cases because certain data wasn’t made available to them. Other auto products liability law firms are now saying that they may have to consider whether their Toyota rollover lawsuits that have been resolved need to be reopened.

Toyota is calling Biller’s accusations “inaccurate and misleading.” The company is attempting have his complaint sealed because of “privileged and confidential” data that Biller should not be revealing. Biller’s lawsuit names Toyota Motor Sales, Toyota Motor Corp. of Japan, and five ex- and current lawyers and executives employed by Toyota Motor Sales as the defendants.

Victims and family members wishing to seek recovery for personal injury and wrongful death continue to file Toyota rollover lawsuits .

Rollover lawsuits could haunt Toyota, USA Today, September 2, 2009

Lawsuit: Toyota Buried Accident Evidence, CBS News, August 31, 2009

Related Web Resources:
Read the Lawsuit (PDF)

Toyota 4Runner SUV Rollover Lawsuit Filed Over Fatal Crash, About Lawsuits, August 10, 2009

Continue reading " Toyota Rollover Lawsuits: Automaker's Former Attorney Accuses Auto Manufacturer of Concealing Evidence in Over 300 Auto Products Liability Cases " »

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Posted In: Automotive Product Liability , Roof Crush , Sport Utility Vehicle Rollovers , Toyota Safety Issues , Wrongful Death

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