Product Liability Law Blog

Contrary to common belief, even if a customer signs a document releasing operators, manufacturers, franchisers, and owners from liability, he/she may still be able to file a Colorado products liability lawsuit against a negligent manufacturer for personal injuries that were caused by a defective product. The Colorado Supreme Court handed down this decision earlier this month in Boles v. Sun Ergoline, Inc.

The plaintiff, Savannah Boles, was seriously injured when she came into contact with a tanning booth's exhaust fan. Doctors had to partially amputate her fingers.

Prior to using the booth, Boles had signed a form releasing certain parties from liability in the event that any damage occurred from using the tanning bed. However, after she was injured she sued the tanning bed manufacturer, claiming that the product was unreasonably dangerous and defective.

A trial judge granted summary judgment favoring Sun Ergoline, Inc. because Boles had signed the release. Later, the Colorado Court of Appeals let the judgment stand.

However, the Colorado Supreme Court ruled otherwise and noted that while a release form can grant release from simple negligence claims (usually, a product is not involved), when the condition of the product (and not the manufacturer’s behavior) is central to causing the injury, then the release form violates the state’s public policy and becomes void.

Colorado Products Liability
Product manufacturers owe customers a duty of care to make products that will not injure or kill you. If you or someone you love was seriously injured by a defective product, it is important that you know that you did not necessarily sign away your right to sue for negligence because you signed a release form.

You have two years from the date of injury to file a Colorado products liability complaint. Breach of warranty, negligence, and strict liability are three kinds of products liability cases. Design defects, manufacturing defects, marketing defects, failure to warn, and inadequate instructions are some reasons why an injured party may opt to sue a manufacturer for damages.

Read the February 8 Decision, Colorado Bar Association

Related Web Resources:
Megalaw.com

Products Liability, Justia

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Posted In: Colorado , Electrical Product Defects , States

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Choking accidents is the number one cause of death for kids in the 14 and under age group, and now, the American Academy of Pediatrics want food manufacturers to put warning labels on foods that pose this particular danger to kids. The country’s largest group of pediatricians says that at least one kid in the US dies every five day from a food-related choking accident.

More than 10,000 children end up in hospital ERs each year because of choking accidents. Kids 4 and under are the ones at highest risk of getting hurt or dying from accidentally choking on food. All their molars haven’t grown in, and their airways are just small enough for food and other foreign objects to get caught in.

The pediatrician’s group says that if the federal government can put into place standards, laws, and regulations protecting children from toys and other products that are choking hazards, then why can't the same protections be enforced over food? The group even wants food manufacturers to resize and shape foods that are choking hazards.

Examples of foods that are choking hazards:
• Hot Dogs
• Peanut butter
• Grapes
• Peanuts
• Candies
• Popcorn
• Marshmallows
• Chips
• Apples
• Carrots
• Chunks of meat
• Cheese pieces

Choking can occur when a child swallows a foreign object that gets stuck in his/her airways. Just a few minutes being deprived of oxygen can cause a traumatic brain injury or lead to death. WebMD.com reports that choking is the number one cause of child brain injuries.

Our child injury lawyers believe that product manufacturers should be held accountable for injuries to children and minors that are caused by their defectively designed or manufactured products.

US Pediatricians Call for Action to Prevent Choking Deaths, VOANews, February 23, 2010

Labels urged for foods that can choke kids

Related Web Resources:
Choking Prevention, HealthyChildren.org

American Academy of Pediatrics

Continue reading " Injuries to Children: Pediatricians Want Warning Labels on Foods that Are Choking Hazards " »

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Posted In: Food , Injuries to Children & Minors

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Even as Toyota dealers are repairing most of their new cars that were recalled over a gas pedal defect so they are ready to be sold, now there is more bad news for the automaker. According to data gathered by the National Highway Traffic Safety Administration, there has been an increase in the number of consumer complaints over Toyota’s vehicles in the wake of its recall of 8.5 million vehicles over problems with the brakes, floor mats, and gas pedals.

Since January 27, NHTSA says it has received new complaints of Toyota acceleration accidents that allegedly happened between 2005 and 2010 and resulting in 10 injuries and 13 deaths. These figures are in addition to reports of another 21 fatalities that are being linked to Toyota cars.

According to the New York Times, one deadly accident involved a Harvard University professor, 63, who lost control of his 2005 Toyota Highlander and crashed into another vehicle. The New Hampshire car crash claimed the lives of both drivers and two of the professor’s family members. Police were not able to determine what caused the motor vehicle collision and the 2005 Toyota Highlander is not among the vehicles recalled. Another fatal crash involves a man who was killed in a single Texas car crash when his 2008 Toyota Tacoma pickup truck struck a pole last January.

After the car manufacturer recalled its 2010 Prius hybrid autos last week, NHTSA says that from February 3 – 11 it received 996 consumer complaints alleging 34 Toyota car crashes that resulted in six injuries. Prior to launching its investigation, NHTSA had 124 consumer complaints on record.

Already, Newsoxy.com reports that a widow has filed a Nebraska auto products liability lawsuit suing Toyota for her husband’s wrongful death. He died when their Prius accelerated and crashed.

Meantime, new safety issues continue to arise. On Friday, Toyota announced that it was voluntarily recalling 8,000 2010 Tacoma four-wheel drive pickup trucks because possible cracks on the front drive shaft might cause the joint portion and the shaft to separate from one another. If this happens, the driver can lose control of the vehicle.

Number of Toyota complaints keeps climbing, CNN Money, February 15, 2010

Toyota Tacoma Recall Announced, MyFox, February 13, 2010

Toyota Recall News Reveals Tacoma and Prius Lawsuit, NewsOxy, February 16, 2010

U.S. Gets Additional Complaints of Crashes of Toyotas, New York Times, February 15, 2010

Related Web Resources:
Toyota Motor Corp.

National Highway Traffic Safety Administration

Continue reading " Toyota Acceleration Defects Now Allegedly Linked to 34 Car Accident Deaths " »

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

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The deaths of three infants has prompted the CPSC to recall all “ChildESIGNS” and Generation 2 Worldwide drop-side cribs. About 500,000 cribs are affected. Unlike other drop-side crib recalls, no repair kit will be issued.

It is imperative that kids are immediately removed from these cribs. Trying to fix the furniture defect will not make the cribs safer.

The three babies that died suffocated when they became entrapped between the mattress and a broken drop side. The incidents involve the 2007 Ohio suffocation accident of an infant, 8 mos., a 2003 Indiana crib suffocation accident involving another child, also 8 mo., and a fatal 2002 Virginia crib entrapment accident that happened when the drop side detached because the track was missing two of its screws.

The potential hazard can occur if the drop side’s plastic hardware breaks, leading the drop side to come off in at least one corner. This small space is large enough for a toddler or baby to move into and get caught in, posing a strangulation or suffocation risk. Entrapment and suffocation can also happen in the event that the mattress becomes separated from its support, creating the open space that toddlers can get trapped in.

The CPSC says consumers have filed an additional 20 drop-side accidents, which include two suffocation incidents and five fall accidents from the cribs, as well as a number of incidents involving the crib’s mattress.

Generation 2 is no longer in operation. Crib owners can contact the retailer that sold them the crib and ask for a replacement crib, a refund, or a store credit.

With the number of infant furniture recalls that the CPSC has announced in the last few years as a result of so many child injuries and deaths, there is no question that there are child furniture manufacturers out there who are failing to fulfill their responsibility to make products that are safe for use. The drop-side crib appears to be one product (for the most part) that is designed in such a way that makes it dangerous for kids. It is a tragedy to put your child to bed and later find that he or she sustained a traumatic brain injury or died because of a crib entrapment accident.

Generation 2 Worldwide and “ChildESIGNS” Drop Side Crib Brands Recalled; Three Infant Deaths Reported, Consumer Product Safety Commission, February 9, 2010

Generation 2 Worldwide Cribs Recalled, CBS News, February 9, 2010

Related Web Resources:
If your child was involved in a crib accident involving a drop-side crib, file a CPSC report today.

Crib Safety, Baby-Place

Continue reading " CPSC Urges Consumers to Stop Using Generation 2 Worldwide and “ChildESIGNS Drop-Side Cribs Immediately " »

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Posted In: Cribs and Infant Sleepers , Infant Products , Injuries to Children & Minors , Ohio , Virginia

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Toyota Motor Corp announced two separate recalls today. The first recall involves a global recall of 437,000 2010 Toyota hybrids—Prius, Lexus, and Sai—over issues with the vehicles’ anti-lock braking system. Last week, the automaker admitted that there was a problem with the software that controls the brake system. Approximately 125 Prius owners have filed complaints about the defect, and the National Highway Traffic Safety Administration has opened a formal probe into the matter.

In the US, the recall affects 133,000 Prius cars and 14,500 Lexus Division 2010 HS 250h vehicles. The fix involves updating the ABS software.

Toyota also announced the recall of 7,300 2010 Camrys over a brake defect. The NHTSA says that the problem involves a power steering hose that is too long and is at risk of wearing out the left rear brake tube by rubbing against it, potentially causing a brake fluid leak. This can make it harder for a motorist to stop the vehicle. The NHTSA says it is also looking into complaints it has received about the steering on some of Toyota's Corollas (2009 and 2010 models).

Also today, Honda says it is expanding a recall it issued in July 2009 because of a problem with the airbag inflator on some of its Accords, Civics, and Acura TLs. 2001 and 2002 Civics, Accords, CR-Vs, Odysseys, certain 2002 Acura TLs, and possibly one Acura CL and one Honda Pilot are affected. The automaker is recalling 433,000 vehicles globally. 379,000 of the autos are in the US.

The car manufacturer says there has been 12 incidents reported involving problems with the airbag inflator. Although all of them took place prior to the original recall, Honda says it wants to make sure that all vehicles with this particular defect are examined.

It was less than two weeks ago that Honda announced a global recall of 646,000 Fit, Jazz, and City (2007 and 2008) models over a power window switch-related fire hazard. 141,000 Fits sold in the US were included in the recall. Two Fits reportedly caught fire while seven others overheated.

Our auto products liability lawyers have helped many car accident victims and their families obtain personal injury and wrongful death recovery from negligent automakers.

Honda recalls 438,000 cars for airbag hazard, CNN Money, February 10, 2010

Toyota Corolla Complaints Being Reviewed By U.S. (Update2), BusinessWeek, February 9, 2010

3rd UPDATE: Toyota To Recall 437,000 Hybrids As Prius Concerns Add To Woes, The Wall Street Journal, February 9, 2010

Honda recalls 646,000 Fits for fire hazard, CNN, January 29, 2010

Related Web Resources:
Toyota Motor Corporation

Honda

National Highway Traffic Safety Administration

Continue reading " Big Day for Auto Recalls: Toyota Recalls 437,000 Lexus and Prius and More than 7,300 Camrys while Honda Expands Previous Airbag Inflator—Related Recall with Another 437,000 Vehicles " »

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Posted In: Air Bags , Auto Recalls , Brake Defects , Toyota Safety Issues , WIndows

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The US National Highway Traffic Safety Administration says it has received over 100 complaints involving brake problems related to the 2010 Toyota Prius hybrid. Brake-related complaints have also been filed in Japan.

The Prius is the world’s bestselling gas-electric hybrid, with about 1.6 million sold around the world. According to Japan’s Kyodo new agency, the brakes may temporarily stop working when the vehicle is on slippery or bumpy roads.

In Japan last July, two people were injured when a Prius drove head-on into another vehicle at an intersection. The driver of the Prius said that the car’s brakes were not working. One 2010 Prius owner in the US reported that over a 6-month period, there were 10 instances when the vehicle would accelerate forward for a second as the driver attempted to activate the brakes over a bump or pothole in the road.

Toyota Recalls
This latest news is doing nothing to rehabilitate Toyota’s image as an automaker of safe, reliable cars. In the last two weeks, Toyota has recalled millions of vehicles in the US, Europe, and China over what the auto manufacturer is calling two unrelated accelerator defects. Our auto products liability law firm has been closely following these developments, and you can view our previews posts by clicking on the links below.

Earlier today, US Department of Transportation Secretary Ray LaHood urged owners the Toyota vehicles that were recalled over a sticking accelerator pad to stop driving the cars and get them fixed immediately. However, LaHood later retracted what he is now calling a “misstatement’ and says that vehicle owners can still drive their cars unless there are signs of problems with the gas pedal. Or, he said, “if you are in doubt, take it to the dealership today." On Monday, Toyota announced that it has figured out how to fix the accelerator problem and is shipping new parts to its dealers.

Meantime, federal regulators are also trying to determine whether vehicle electronics are causing the Toyotas to accelerate without warning. USA Today reports that electromagnetic interference may be coming from numerous sources, such cell phones and radar. The Los Angeles Times says that Toyota acceleration-related complaints increased dramatically when electronic throttles were introduced.

Toyota hit by more than 100 Prius brake complaints, The Washington Times, February 3, 2010

Toyota recall: DOT Secretary Ray LaHood pulls back from telling owners not to drive their cars, USA Today, February 3, 2010

Toyota Recalls Another 1.1 Million Autos Over Floor Mat – Gas Pedal Defect, Product Liability Law Blog, January 29, 2010

Gas Pedal Defect Prompts Toyota Recall of Another 2.3 Million Vehicles in US, Product Liability Law Blog, January 25, 2010

Related Web Resources:
3rd Generation Toyota Prius Hybrid, Toyota

Toyota Recall List

Secretary LaHood Statement on Toyota Recalls, US Department of Transportation, February 3, 2010

Continue reading " Toyota Prius is at Center of More than 100 Brake Complaints " »

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Posted In: Automotive Product Liability , Brake Defects , Floor Mats , Gas Pedals , Toyota Safety Issues

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