Product Liability Law Blog

Expanding upon its auto recall from last November of 4.2 million Toyota and Lexus vehicles, the automaker announced that it is including another 1.1 million vehicles to the recall list. The recall was issued because of the possibility that the gas pedal could get caught on the removable floor mat, causing the vehicle to accelerate to the highest speeds and making it impossible to stop the car even when stepping on the brakes.

Added to the original list of vehicles that were recalled are the:

• Pontiac Vibe: 2009, 2010 models
• Matrix: 2009, 2010 models
• Venza: 2009, 2010 models
• Corolla: 2009, 2010 models
• Highlander: 2009, 2010 models

A floor mat that jammed a gas pedal was the cause of a deadly car crash last August that left one motorist unable to stop the vehicle he was driving. The driver, his wife, daughter, and brother-in-law all died in the Toyota runaway car crash.

The expansion of last November’s recall comes one week after Toyota announced a separate recall, this one involving 2.3 million vehicles because of a problem that can cause the accelerator pedal to stick after its mechanisms become worn (a deterioration that usually occurs gradually). In the event that it does happen, however, the gas pedal may become harder to step on and it may take longer to return to its original position when released. There is also the possibility that it can get stuck in a partially depressed position. Following the recall, the automaker called on its dealers to temporarily stop selling and making 8 of its models until a solution is found.

Bob Carter, Toyota USA group vice president, issued a statement declaring that it was important to the car manufacturer that customers are kept safe and their confidence in the company is restored. Meantime, Toyota has extended its recalls to include vehicles in Europe and China.

Gas pedal and accelerator defects can cause serious personal injury and wrongful death. When a motorist cannot stop a vehicle that accelerates out of control, the chances the auto will drive into oncoming traffic, off the road, or into the vehicle in front of it goes up dramatically.

With Recall Expanding, Toyota Gives an Apology, The New York Times, January 29, 2010

Toyota recalls top 5.3 million vehicle, CNN Money, January 28, 2010

Related Web Resources:
Toyota Motor Corp.

Safecar.gov

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Posted In: Auto Recalls , Floor Mats , Gas Pedals , Toyota Safety Issues

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A faulty gas pedal that can get stuck has prompted another large auto recall by Toyota in the US. Last Thursday, the car manufacturer announced it was recalling about 2.3 million autos in the US. Toyota will likely recall another 2 million autos in Europe over the same auto defect.

The massive recalls come at a bad time for the automaker, whose reputation for making safe, reliable cars has taken a beating. The National Highway Traffic Safety Administration reports that Toyota recalled more than 4.8 million motor vehicles last year. 4.26 Lexus and Toyota autos were recalled because of acceleration problems that were linked to faulty floor mats and gas pedals that needed to be replaced. Four family members died last August in a California car accident because the driver’s floor mat had jammed the gas pedal, making it impossible for the motorist to stop the car when he stepped on the brakes.

Over 60 incidents involving runaway Toyotas have been reported since last year’s recalls were announced. According to ABC News, many Toyota owners have reported electronic problems that are not connected to their floor mats. On December 26, four people were killed in a Texas car accident when their Toyota sped off the road, hit a fence, and landed upside down. The floor mats had already been removed from inside the vehicles and were found in the trunk.

A USA Today article reports that although Toyota knew as early as last year that there were “sticky-throttle” issues related to the gas pedal, the car maker did not think that the problems were serious enough to warrant a recall. Toyota finally announced a recall last week because the gas pedal defect trend had increased.

Vehicles included in last week’s recall include the:

• Matrix: 2009, 2010 models
• RAV 4: 2009, 2010 models
• Corolla: 2009, 2010 models
• Avalon: 2005 – 2010 models
• Sequoia: 2008 – 2010 models
• Camry: 2007 – 2010 models
• Tundra: 2007 – 2010 models
• Highlander: 2010 model
• Pontiac Vibe: 2009 model

Toyota is still figuring out how to fix the problem. The gas pedal defect appears to involve premature wear on certain parts in the CTS throttle assemblies.

Our auto products liability lawyers would like to offer you a free consultation to discuss your Toyota gas pedal defect case.

Toyota knew of sticky-throttle problem late last year, USA Today, January 25, 2010

TOYOTA RECALL: Reports of Runaway Cars, ABC News, January 21, 2010

Toyota To Recall About 2M Vehicles In Europe Due To Pedal Defect-Source, The Wall Street Journal, January 25, 2010

Toyota issues recall for 2.3 million vehicles, MSNBC, January 22, 2010

Related Web Resources:
Unintended Acceleration: Toyota Addresses the Issues, Toyota, November 6, 2009

Toyota Says Cars to Get Smart Gas Pedals, NY Times, November 25, 2009

Continue reading " Gas Pedal Defect Prompts Toyota Recall of Another 2.3 Million Vehicles in US " »

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Posted In: Auto Recalls , Gas Pedals , Toyota Safety Issues

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Graco and the Consumer Products Safety Commission are recalling 1.5 million strollers because their canopy hinge mechanisms pose a fingertip laceration and amputation hazard. Already, five children’s fingertips were amputated and two kids suffered fingertip lacerations because they put their fingers in the hinge mechanism while the stroller was being opened or closed.

The Graco strollers affected by the recall are Alano™, Passage™, and Spree™ Strollers and Travel Systems. However, only the travel systems and strollers that have a plastic, jointed hinge mechanism with indented canopy positioning notches are involved. They were available for sale at Wal-Mart, Toys “R” Us, Babies “R” Us, Target, Sears, Kmart, and other retailers between October 2004 and February 2008. You can check the CPSC’s Web site to check if your model number is part of the recall. Consumers should stop using the defective stroller right away and contact Graco for a free repair kit.

It was just two months ago that the CPSC and Maclaren USA recalled about 1 million umbrella strollers after reports of 12 amputation injuries to children. Fingertip amputations and lacerations are very painful, debilitating, and traumatic. Disfigurement can result if doctors are unable to reattach a fingertip, which (depending on the location and severity of the injury), could become a permanent disability, as well as prove emotionally and psychologically damaging to the child. Maclaren CEO Bahman Kia is calling the hinge defect an “industrywide problem.”

Graco is now linked to two of the largest stroller recalls in US history. The stroller maker recalled about 1.1 million strollers in 2005 because two of its models were prone to latch failure. Graco received reports of 529 stroller collapses resulting in 264 injuries to children. One child’s cut required 46 stitches. Another child broke an arm. Other child injuries included pinched fingers, scrapes, scratches, cuts, and pulled muscles.

If your child suffered a fingertip injury because of a defective stroller, our child injury lawyers would like to offer you a free case evaluation. We have helped many families throughout the US recover products liability compensation from negligent manufacturers.

Graco Stroller Recall: 1.5 Million Strollers Called Back, ABC News, January 20, 2010

Graco stroller recall: Is your Graco stroller affected?, The Christian Science Monitor, January 20, 2010

Graco Recalls Strollers Due to Fingertip Amputation and Laceration Hazards, CPSC, January 20, 2010

CPSC, Graco Children's Products Inc. Announce Recall of Duo Tandem and Certain MetroLite™ Strollers, CPSC, July 7 & October 31, 2005

Related Web Resource:
Graco Baby

Fingertip Injuries/Amputations, Hospital for Special Surgery

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Posted In: Injuries to Children & Minors , Strollers

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The National Highway Traffic Safety Administration says that car manufacturers recalled 16.4 million vehicles last year. While there were less recall campaigns overall—492 recall campaigns in 2009 compared to 684 campaigns in 2008, automakers recalled 6 million more autos last year.

Toyota led the car manufacturer list with most vehicles recalled. The car manufacturer’s reputation for passenger safety took a beating after four people were killed when its floor mat on the driver's side jammed a 2009 Lexus ES 350’s gas pedal, causing the vehicle to accelerate to over 100 mph before crashing. Following the fatal car wreck, the Toyota announced a recall involving 4.26 million vehicles—its largest recall ever—to fix acceleration problems. In total, Toyota announced 9 campaigns and recalled 4.87 million autos last year.

Among the other automakers that recalled vehicles in 2009:

• Ford Motor Co.: 8 campaigns that recalled 4.5 million vehicles.

• General Motors Co.: 16 campaigns and 2.2 million autos recalled.

• Honda Motor Co.: 4 campaigns and 454,000 motor vehicles. Honda was the only auto manufacturer to see a drop in the number of vehicles it recalled in 2009 compared to the year before. The car manufacturer recalled 797,000 autos in 2008.

• Chrysler Group LLC: 15 campaigns and 59,000 vehicles.

• Nissan Motor Co.’s Kia Unit: 8 campaigns and 1.3 million autos.

• Volkswagen AG: 8 campaigns and 100,000 recalled autos.

While recalling a vehicle to fix a particular defect is a positive step toward preventing injuries and deaths, car manufacturers should not be designing, making, and selling vehicles that have any type of vehicle defect to begin with. Auto defects are not minor glitches that can be easily fixed. There are lives at stake whenever someone gets in a car that can potentially malfunction because a specific part was defective or poorly manufactured.

Do NOT be intimidated by a giant car manufacturer when it comes to pursuing an auto products liability claim for personal injury or death. Our auto products liability lawyers represents clients who were seriously injured or lost loved ones in car accidents because of structural defects, faulty engines, a seat back defects, a poorly designed seat belts, weak vehicle roofs, defective tires, faulty airbags, or other flawed vehicle parts.

Auto recalls surge in '09, NHTSA says, Detroit News, January 12, 2010

Recalls, NHTSA

Related Web Resources:
Auto Recalls, Justia
Consumer Reports

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Posted In: 15-Passenger Vans , Air Bags , Automotive Product Liability , Floor Mats , Roof Crush , Seat Back Defects , Seat Belts , Sport Utility Vehicle Rollovers , Tires , Toyota Safety Issues , WIndows

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Ford Motor Co. and a woman who was paralyzed in a 2005 SUV accident involving a defective rear seat latch have reached a confidential auto products liability settlement. The agreement came just after a civil jury awarded Lynn Wheeler $16,444,761 in compensatory damages against Ford and as jury members were getting ready to impose punitive damages.

Wheeler sustained catastrophic spinal cord injuries during a seatback collapse when a car driven by John C. Stanley struck the 2002 Ford Explorer she was a passenger. Wheeler, who was riding in the middle of the backseat of the SUV in between two of her grandchildren, was propelled forward into the vehicle’s center console and the back of the front seat. Meantime, the back seat collapsed over her after the rear seat latch broke.

Her Georgia auto products liability lawsuit accused Ford of designing a rear seat latch that was defective, disregarding safety test results showing that the center lap seat belt wasn’t safe, and, as a cost cutting measure, waiting to install a shoulder restraint for the SUV’s middle seat. A law passed in 2002, but which didn’t go into effect until 2007, now prevents car manufacturers from making vehicles with lap-only seat belts for the rear middle seat.

Wheeler, who is now a quadriplegic, has to use a ventilator and is a confined to a wheelchair. She has three children, nine grandchildren, and has been married to her husband for over 40 years.

The civil jury also held driver John C. Stanley, who was 19 at the time of the head-on crash, liable for $1,271,640 in damages.

Seat Back Defects
Defective seat backs can prove catastrophic for passengers in the event that the seat collapses during an auto accident. Common seat back injuries include spinal cord injuries, which can occur when the rear seat collapses forward and crushes passengers while pushing them into the back of the front seats, and chest and head injuries, which are more likely to occur when the front seat collapses backwards. Children, including those seated in child safety seats, are especially at risk of sustaining fatal injuries during a car crash where a seatback collapse is involved.

Clayton jury returns $17 million verdict, MyCountryPaper, December 26, 2009

Seat failures and occupant restraints, SafetyForum

Related Web Resources:
Ford Motor Co.

NHTSA

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Posted In: Automotive Product Liability , Catastrophic Injuries , Georgia , Seat Back Defects , Spinal Cord Injuries , States

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The Insurance Institute for Highway Safety has published its newest booster seat ratings to help consumers choose the child safety seat that most safely fits their vehicle. Out of 60 booster seats, the IIHS is offering 9 BEST BETS and 6 GOOD BETS based on their ability to fit with vehicle seat belts so that a child is kept secure and protected during a car crash. The IIHS is not recommending 11 of the child safety seats it examined because it says that they don't allow vehicle seat belts to properly fit over child occupants.

Nearly all of the models sold in the United States were included in this latest round of booster seat evaluations. The IIHS intends to rate future models as they are released.

Our child products liability lawyers know how devastating it can be to have your child seriously injured in a car crash because the booster seat that you thought would keep your baby safe was defective, poorly made, or unsafe. It is important that you are given the information that will allow you to select a seat that will keep your child secure during a motor vehicle crash.

Booster Seats that Made the IIHS 2009 BEST BETS LIST:

• Clek Oobr
• Cosco Juvenile Pronto
• Britax Frontier
• Combi Dakota
backless with clip
• Evenflo Big Kid Amp
backless with clip
• Maxi-Cosi Rodi XR
• Recaro Young Sport
• Eddie Bauer Auto Booster
• Recaro Vivo

The IIHS GOOD BETS 2009 List:

• Combi Kobuk 
backless with clip
• Britax Parkway SG
• Maxi-Cosi Rodi
• Graco TurboBooster
SafeSeat Step 3, Wander
• Evenflo Symphony 65
• Graco TurboBooster
SafeSeat Step 3, Sachi

The NOT RECOMMENDED 2009 Booster Seat List:

• Alpha Omega
• Safety 1st All-in-One
• Alpha Omega Elite
• Eddie Bauer Deluxe
• Combi Kobuk
• Eddie Bauer Deluxe 3-in-1
• Harmony Secure Comfort Deluxe
• Evenflo Sightseer
• Evenflo Express
• Safety 1st Alpha Omega Elite
• Alpha Omega Luxe Echelon

A booster seat is supposed to position your son or daughter in a manner that will allow the vehicle’s seat belt to fit over the body better. The shoulder belt should snugly cross over the center of the child’s shoulder and the lap belt should fit over the child’s upper thighs rather than the soft abdomen area. Failure to ensure a proper fit can result in traumatic brain injuries, spinal cord injuries, organ injuries, and death during an auto accident.

It is the responsibility of booster seat manufacturers to make child safety seats that can keep kids safe, are defect free, come with clear instructions for proper use, and caution against any unforeseen hazards.

New booster ratings: 9 BEST BETS & 6 GOOD BETS; 11 out of 60 seats evaluated aren't recommended, IIHS, December 22, 2009

Related Web Resources:
Child Passenger Safety - Studies and Reports, NHTSA

Car Seats, Consumer Reports

Continue reading " IIHS’s New Booster Seat Ratings Offers 9 Best Bets; Doesn't Recommend 11 Child Safety Seats Because of Poor Fit with Seat Belts " »

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Posted In: Child Car Safety Seats , Injuries to Children & Minors , Kids in Cars

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