Product Liability Law Blog

Toyota is recalling approximately 50,000 2003 Sequoias to repair traction controls that can suddenly activate and slow down the sport utility vehicles. The auto defect involves problems with the sensors that are used by the SUV's electronic controls, which is a key issue under dispute in the automaker's sudden unintended acceleration cases. It was just a few months ago that Toyota told regulators that the problem is not a safety issue.

The National Highway Traffic Safety Administration has been looking at the skid issue for some time now. In 2009, the NHTSA says it had 68 complaints from Sequoia owners who said that their cars would suddenly slow down. There have been no reports of related injuries or deaths so far.

Toyota says the skid issue is caused by a flaw in the vehicle's skid-control system programming. The defect can make incorrect assessments of the position of the steering wheel when the Sequoia is moving at low speeds, which can activate the skid control for a few seconds as the vehicle starts to speed up. Rear wheel corrosion may also cause the SUV's traction control start up unexpectedly, which can make the Sequoia slow down.

The automaker says about 50% of the vehicles were already repaired under the SUV warranty. It's recall repair solution will reprogram the skid-control computer of the remaining affected vehicles.

While the number of motor vehicles involved in this this latest Toyota recall is significantly smaller than its more recent recalls in the past several months, the automaker, once known for its safe and reliable vehicles, has now recalled more than 9 million autos since late last year. Since then, the automaker has been named the defendant in numerous automotive products liability and wrongful death lawsuits over car crash injuries and fatalities that were caused by sticky gas pedals, ill-fitting floor mats, accelerator problems, and other auto defects.

Yesterday, Toyota announced that it is once again selling the Lexus GX 460 because it has fixed the flaw in its stability control system that could cause an SUV rollover. The automaker said that its Lexus dealerships can begin implementing the software upgrade to repair the safety issue. Toyota had recalled approximately 9,400 Lexus GX 460 (2010 models) and temporarily suspended their sale after Consumer Reports discovered the problem and issued a "Don't Buy" warning to car shoppers.

The problems that have plagued Toyotas vehicles are ones that have caused serious injuries and deaths to many. In some incidents, it may only be now that car crash victims and their families are realizing that it was actually an auto defect that caused the catastrophic traffic crash.

Toyota to recall 50,000 Sequoias for skid issue, Freep.com, April 29, 2010

Toyota Offers a Fix for S.U.V.'s Control Problems, New York Times, April 29, 2010

Related Web Resources:
Toyota Motor Corp.

Defects and Recalls, Safercar.gov

Continue reading "Toyota Addresses Skid Issue with Recall of 50,000 Sequoias" »

The Consumer Product Safety Commission announced two major crib recalls today over concerns that the infant sleepers can cause serious injuries to children. To our child injury law firm, the latest recalls are yet another reminder that there are crib manufacturers that continue to place children's safety at risk with their poorly designed and manufactured products.

In the first recall, the CPSC is recalling all Simplicity cribs that have tubular metal mattress-support frames. Simplicity drop-side and fixed-side cribs are both affected by the recall. Because Simplicity and SFCA Inc., its successor company, are no longer in operation, the CPSC is unsure of how many cribs were sold.

Strangulation, entrapment, suffocation, and fall accidents might happen if the frame detaches, bends, or causes a portion of the mattress to collapse so that an opening is created that the infant can get stuck in or fall through. The CPSC knows of at least 13 incidents where this crib defect has led to the product failing.

One Massachusetts toddler, age 1, died from a crib entrapment accident in April 2008 when he got stuck between the frame and mattress. Another child sustained minor cuts to his head when the mattress collapsed and he fell out of the crib. Another child was also involved in a crib entrapment accident. Fortunately, he did not get hurt.

In the second crib recall, the CPSC is recalling approximately 217,000 Graco drop-side cribs that were manufactured by LaJobi Inc. The suffocation and entrapment hazard can occur if the drop-side hardware fails or breaks, causing the drop side to detach. This can create a dangerous opening between the mattress and the drop-side that a child can get entrapped in or wedged between. Also, in the event that the drop side detaches or doesn't lock properly, the crib then becomes a fall hazard.

There have been 99 reports so far of drop-sides detaching or breaking. Luckily, two children who became entrapped were freed before they suffocated. Six children fell from the crib. One of them sustained a mild concussion.

Recall: Simplicity cribs. One infant death reported, Chicago Tribune, April 29, 2010

Simplicity and Graco crib recalls: Is your crib on the list?, Christian Science Monitor, April 29, 2010

Related Web Resources:
CPSC

Check cribs for defects before placing babies back to sleep, APP News, March 2009

Continue reading "More Graco and Simplicity Cribs Recalled Following Child Injuries and One Infant Death" »

So what is this electronic throttle control system that people suspect is causing Toyotas to take off when nobody is stepping on the gas? I've seen a lot of technical and confusing drawings, but it really just comes down to this. It used to be that when you stepped on the gas pedal, it was attached to a cable. The cable ran to the throttle valve, and directly controlled engine acceleration. Back off on the gas pedal and the throttle closed down, reducing engine speed and the car's speed. Pretty simple.

Today, it is not so simple. There is no steel cable running between the gas pedal and the throttle in an electronic throttle controlled vehicle. Electronic sensors figure out how far the gas pedal is depressed, convert this to an electronic signal, and send it to a mini-computer (the electronic control module.) From there, the ECM does some calculations on optimal inputs to achieve the results it understands the driver desires with the greatest fuel efficiency, and sends another electric signal to a small electric motor that sits next to that throttle, which interprets the signal from the ECM computer, and opens and closes the throttle accordingly.

As you can see, there are a lot more places for something to go wrong with the electronic throttle system than with a simple steel cable. That does not mean we should go back to the "good old days" of 1960s technology. It appears there are real advantages to this system such as improved gas mileage and durability. I have been a big advocate of technology that makes our cars safer and more fuel efficient.

My understanding is that if that steel cable ever broke, and I don't know that it did very often, a spring would close down the throttle and return the car to idle speed. That is a very simple safeguard. It is apparently similar to the safeguard Toyota tried to program into its computer - returning the throttle to idle or reduced power if ever the electronic throttle control malfunctions. However, it appears that safeguard has not worked. Remember, it is controlled by a computer and electrical signals too.

That is why we advocate a very simple solution. If the driver steps on the brake, the throttle motor needs to shut off and return the car to idle, just as tapping the brake shuts off the cruise control.

- Stuart Ollanik

As explained in the Safety Research & Strategies detailed report on Toyota's speed control problem, past government investigations closed without reaching a conclusion because Toyota convinced the government to narrowly define the problem it was researching, thus excluding many incidents. If you saw the congressional hearings on the issue you saw congressmen, regulators, and company personnel hanging up on the definitions. Let's make it simple. The problem should be defined as any instance in which the engine does something the driver didn't tell it to do. If the throttle opens in response to any input other than the driver's foot on the gas pedal, that's the problem, whether due to floor mats, sticky pedals, glitchy computer programming, inadequate fail-safes, electromagnetic interference, or any other cause. Toyota and the government need to use a simple definition and simply figure out why Toyota's cars are doing things their drivers never told them to do.

- Stuart Ollanik

Toyota says it will recall about 9,400 2010 Lexus GX 460. The recall follows the recent finding by Consumer Reports that the vehicle poses a rollover risk.

As our automotive products liability lawyers reported in our Product Liability Law Blog last week, the safety hazard came to public attention when the popular magazine, after testing the vehicle, told consumers "Don't Buy" the 2010 Lexus GX 460. Toyota, after coming under fire in the past for its slow response when dealing with possible safety hazards, reacted swiftly, temporarily suspending the sale and manufacture of the Lexus GX 460 and conducting its own tests to see if it could replicate Consumer Reports' findings. It did.

Now, the automaker is recalling the vehicles to fix a problem with the SUV's Vehicle Stability Control system that is increasing the chances of loss of control and/or rollover. Toyota intends to update the VSC system.

Toyota's latest recall comes on the heels of its recall last week of approximately 600,000 Toyota Sienna minivans (1998 – 2010 models). The automaker is concerned that corrosion might affect the spare tire carrier cable—especially in localities where there is high salt usage during cold weather—and that this could lead to the spare tire coming off the vehicle and falling onto the road, posing a safety hazard to other motorists.

Toyota is attempting to remedy its tarnished reputation in the wake of its recent recalls of over 8 million vehicles because of sudden acceleration issues, sticky gas pedals, brake problem, and ill-fitting floor mats. Also today, the automaker agreed to pay a $16.4 million fine for failing to notify US authorities immediately about the accelerator pedal defect.

Toyota recalled 2.3 million autos because of the sticky gas pedal defect in January. However, the US government says that the car manufacturer knew about the sticky gas pedal defect as early as late September. Under US law, car manufacturers are supposed report safety defects that they discover within five business days.

Meantime, dozens of plaintiffs have come forward suing Toyota for auto products liability and wrongful death.

AP Source: Toyota to recall 2010 Lexus GX 460 SUVs, Associated Press/Google, April 19, 2010

Toyota announces voluntary recall on 2010 Lexus GX 460 to update vehicle stability control software, Lexus.com, April 19, 2010 (PDF)

Recall: 600,000 Toyota Sienna minivans, Chicago Tribune, April 19, 2010

Related Web Resources:
Toyota News Releases, Toyota.com

Additional Information on Toyota Recalls and Investigations, National Highway Traffic Safety Administration

Don't Buy: Safety Risk--2010 Lexus GX 460, Consumer Reports, April 13, 2010

Continue reading "SUV Rollover Risk Prompts Toyota to Recall 2010 Lexus GX 460 SUVs" »

The Consumer Product Safety Commission has recalled a number of products this month because of the injuries to children that they may pose. Although recalls are a proactive step toward preventing personal injuries and wrongful deaths, it is not acceptable to expose children and babies to hazards because a manufacturer made a product that was poorly designed or developed flaws during production.

On Thursday, the CPSC recalled about 200 Le Hing Inc. baby walkers. Made for babies in the 6 months and older age range, the walkers are able to fit through standard doorways and do not automatically stop upon reaching the edge of a step. The lack of safeguards to prevent either of these can cause serious injury or death.

No injuries or deaths have been reported to date, but the CPSC says that babies should stop using these walkers immediately.

The week before, the CPSC and 5 Star Apparel LLC recalled about 11,500 Mecca Children's Hooded Jackets with Drawstrings because the drawstrings on the hood pose a strangulation hazard. So far, there have been no reports of deaths or injuries from the hazardous clothing. However, the CPSC wants boys and girls to stop wearing the jackets immediately. Buyers can either get rid of the drawstrings or return the jackets to the store for a full refund.

On April 6, the CPSC and Health Canada recalled about 15,965 Gund Baby Paperboard Books because the Styrofoam in the book binding can come off, posing an aspiration/choking hazard to infants and young kids. Gund has three reports on file of incidents involving kids putting the Styrofoam in their mouths. To date, no injuries have been reported.

Injuries to Children Involving Products Liability
Infants and young children are often vulnerable to serious injuries and deaths when exposed to dangerous products. Unfortunately, defective products-related accidents involving choking, strangulation, asphyxiation, falls, entrapment, and lead poisoning claim too many lives each year. Many of these tragic accidents could have been prevented if only the manufacturer hadn't been negligent.

Le Hing Inc. Announces Recall of Baby Walkers Due to Fall Hazard, CPSC, April 15, 2010

Recalls: children's hooded jackets, chests, tables, Associated Press, April 8, 2010

Baby Book Recall, WITN, April 7, 2010

Continue reading "Strangulation, Choking, and Fall Hazards Prompt Recall of Baby Walkers, Clothing, and Books" »

I've been reading an interesting book, Doubt is Their Product - How Industry's Assault on Science Threatens Your Health (Oxford University Press 2008). It is about the for-profit science companies that develop the "science" to defend their clients against claims that their products are unsafe, such as cigarettes and medicines that increase the incidence of heart attacks. One of the stars of the book is Exponent, the company Toyota has turned to for an "independent" analysis of its unintended acceleration problem. The book is by epidemiologist David Michaels who directs the Project on Scientific Knowledge and Public Policy at the George Washington University School of Public Health and Health Services. Dr. Michaels knows what he is talking about. He served as Assistant Secretary at the Department of Energy, with responsibility for the safety of workers and residents near nuclear weapons plants. He has seen first-hand industry trying to buffalo underfunded and beleaguered bureaucrats with baloney masquerading as science.

About Toyota's choice of consultants for its "independent" analysis, Dr. Michaels writes: "Exponent's scientists are prolific writers of scientific reports and papers. While some may exist, I have yet to see an Exponent study that does not support the conclusion needed by the corporation or trade association that is paying the bill."

For example, he describes how Exponent was hired by the chrome industry to counter a study conducted by Johns Hopkins University researchers for the EPA regarding risks to workers at currently allowed exposure levels. In 2002, Exponent's "re-analysis" of the EPA-Hopkins data minimized the risk to all but the most heavily exposed workers, disagreeing with the Hopkins scientists' findings supporting stronger worker protections. And yet in 2004, working for a different trade association, "Exponent praised the same EPA-Hopkins study. Whatever serves the interests of a given client – that's the rule for the product defense firms." Id. at pp. 97-104.

There is nothing independent about Exponent, and nobody who has seen them in action over the years will be at all surprised when they conclude that there is no problem with Toyota's cars, and when they criticize the work of the good, objective scientists who show the opposite.

- Stuart Ollanik

Related posts:

"Independent" Outside Consultant?, Product Liability Law Blog, April 6, 2010

Toyota's "Independent" Investigation Not So Independent, Product Liability Law Blog, April 2, 2010

Early last week we were shocked and saddened at the tragic loss of at least 25 men in a West Virginia mine. We subsequently learned that the mine was cited more than 50 times in the last month alone for uncorrected safety violations. 12 citations were for problems with ventilation and preventing methane gas buildup. Mining has always been dangerous and some accidents may be unavoidable. But if this tragedy was the result of a corporate refusal to correct known dangers, this is no accident and someone needs to be held accountable.

Last week we also learned Toyota illegally withheld information about unintended sudden acceleration dangers from federal investigators. Toyota warned European distributors about sudden acceleration due to sticking pedals long before it told U.S. regulators. The U.S. auto safety agency, NHTSA, fined Toyota a record $16.4 million.

We don't yet know the extent of this cover-up. Transportation Secretary LaHood said he wouldn't be surprised if review of Toyota documents uncovered other safety lapses. "This is the first thing that we have found," he said. "It may not be the last thing." Indeed, New York Congressman Towns reported earlier this year on Toyota documents that seem to suggest a cover-up of acceleration problems and solutions as far back as 2005. Just as with the mining disaster, if safety dangers and their solutions have been covered up or ignored resulting in death or injury to members of thousands of American families, we need to know it, and someone needs to be held accountable.

Toyota has temporarily stopped selling its Lexus GX 460 SUV following the Consumer Reports' warning to buyers that they should stay away from the sport utility vehicle. The magazine, known for independently testing motor vehicles and its recommendations regarding what people should buy, issued a rare "Don't Buy" warning and said that not only did the SUV fail to pass a key emergency-handling test, but it is a rollover risk that could result in "serious injury or death."

The lack of endorsement is another blow to Toyota Motor Corp. The car manufacturer is trying to win back consumers' confidence in the wake of its recalls of millions of motor vehicles because of gas pedal defects, ill-fitting floor mats, acceleration problems, and brake issues. Earlier, the automaker said it was "mystified" by the magazine's test findings and would conduct the same test performed by Consumer Reports to figure out if further action needs to be taken. The car manufacturer says the Lexus GX either satisfies or exceeds the US government's testing requirements.

According to Consumer Reports' testing team, when the SUV was "pushed to its limits" while on the magazine's test track, the back of the vehicle "slid out" until it was "almost sideways" before the electronic stability control system finally kicked into gear. All four test drivers had the same problem when driving the Lexus GX.

Consumer Report says that this "lift-off oversteer" problem could result in a rollover crash. If the driver were to quickly take his/her foot off the gas pedal while making a turn that is "too tight for the vehicle's speed," the rear of the SUV could "slide around far enough... the wheel could strike a curb or slide off the pavement."

The magazine says that none of the other SUVs it tested in recent years "slid out as far" as this Lexus and that that a second GX 460 it tested exhibited the same problems. David Champion, the Consumer Reports auto test division's senior director, says that this is the first time the magazine has seen this problem in an SUV that has ESC. Consumer Reports has notified the National Highway Traffic Safety Administration of its worries.

About 5,000 GX 460's have been sold since it became available earlier this year. No injuries or deaths have been linked to this issue.

SUV Rollover Accidents
Every year, thousands of people are killed in rollover accidents, many of them in SUV's. Head injuries, spinal cord injuries, paralysis, and traumatic brain injuries are just some of the catastrophic injuries that can occur.

Unfortunately, there are many SUV's that are not designed well enough to prevent a rollover crash from happening or protect passengers in the event that the vehicle does overturn. A vehicle design defect can be grounds for an auto products liability complaint.

Toyota halts sales of Lexus SUV as Consumer Reports deems it rare ‘safety risk', Washington Post, April 14, 2010

Consumer Reports Says Lexus GX 460 Is Unsafe, New York Times, April 13, 2010

Toyota temporarily halts sale of Lexus GX 460 SUV, Los Angeles Times, April 13, 2010

Related Web Resources:
Consumer Reports

Toyota Motor Corporation

Continue reading "Toyota Stops Selling Lexus GX 460 SUV After Consumer Reports Tells Shoppers 'Don't Buy' and Warns of Rollover Risk" »

Toyota's choice of an "independent" company to investigate its acceleration problem was as interesting as it was predictable. Toyota turned to Exponent, the company the auto industry has turned to for decades for one purpose: To "prove" there is no problem, whether there is a problem or not. Let's look at Exponent's credits:

• Exponent has helped defend notoriously defective products for decades. While it jealously guards information about its benefactors, it has been forced to admit in lawsuits that it has been paid tens of millions of dollars by car companies alone. It likewise regularly defends polluters against claims their contaminants were injuring people.
• It reportedly awards its employees based on "success" defined as helping win lawsuits.
• It was hired to investigate Toyota speed control issues not by concerned engineers and managers, but by Toyota's product defect defense lawyers. This will arguably allow Toyota to selectively disclose what it turns over to government investigators, and to hide anything it deems unhelpful by labeling it attorney work product.

We'll report back when Toyota provides information answering one congressman's question about how much money Toyota has paid Exponent over the years.

This is Toyota's "independent" outside analysis? I do not think Toyota can point to a single company in the world less independent, or with less of a commitment to defending its client's products, no matter what the facts.

- Stuart Ollanik

Related posting:

"Toyota's 'Independent' Investigation Not So Independent," Product Liability Blog Apr. 2, 2010

More trouble for Toyota Motor Corporation. The National Highway Traffic Safety Administration is seeking the maximum civil fine—$16.4 million—against the auto manufacturer for failing to notify the agency about the "sticky pedal" auto defect—per federal regulations—within five days of finding out that a safety problem existed.

Through documents obtained from Toyota, the NHTSA found out that the car manufacturer knew about the gas pedal defect as early as September 2009. US Transportation Secretary Ray LaHood says Toyota knowingly concealed the dangerous auto defect and failed to protect millions of motorists and their families.

Some 2.3 million vehicles have been recalled over the sticking gas pedal defect. Acceleration problems, ill-fitting floor mats, gas pedals that need to be redesigned, and brake defects have resulted in the recall of millions of other Toyota vehicles in recent months. The NHTSA is looking into whether Toyota committed additional violations and if more fines are warranted.

Auto Products Liability
Our auto products liability lawyers offer free consultation to victims of Toyota acceleration accidents. Already, more than 100 car accident deaths are now being blamed on Toyota's acceleration problems with its vehicles. NHTSA records show that 102 police reports and auto products liability complaints have been filed against Toyota. The Los Angeles Times says that is nearly two times as many as what was reported in January.

While Toyota has blamed the gas pedal defect as a possible cause of the unintended acceleration crashes that resulted in personal injuries and wrongful deaths, federal investigators are not entirely convinced. Last month, LaHood announced that the NHTSA and the National Academy of Sciences will separately examine the issue of unintended vehicle acceleration involving motor vehicles in general. NASA's investigation will take a look at all potential causes of unintended acceleration, including computer hardware design, mechanical failure, electronic vehicle controls, software, as well as electromagnetic compatibility and interference.

If a car accident resulting in wrongful death or serious personal injuries was caused by an auto defect, the negligent automaker can be held liable for auto products liability. That's where we come in.

U.S. seeks $16.4 million fine against Toyota, CNN Money, April 5, 2010

U.S. Transportation Secretary Ray LaHood Announces Major Investigations to Resolve Issue of Sudden Acceleration, NHTSA, March 30, 2010

Toyotas' sudden acceleration blamed for more deaths, Los Angeles Times, March 26, 2010

Toyota recall: Are sticky gas pedals the real culprit?, The Christian Science Monitor, February 3, 2010

Related Web Resources:
National Academy of Sciences

NHTSA

Toyota Motor Corporation

Continue reading "NHTSA Seeks to Make Toyota Pay $16.4 Million Fine for Not Reporting "Sticky Pedal" Defect ASAP" »

We do not know what Toyota did when the complaints of runaway vehicles began coming in. We know that now it has hired an "independent" outside company, Exponent, to do an "impartial" investigation of the sudden acceleration problem. Every auto defect litigator in the country knows Exponent. It has been paid at least tens and likely hundreds of millions of dollars by the auto industry to disprove defects.

For instance, Exponent statistically "proved" that weak, collapsing roofs do not increase injury risk to people in cars that roll over, several years before government researchers proved the opposite. Exponent is famous for conducting tests in which a failure does not occur, and claiming this proves the failure cannot occur. The company chooses the conditions of its testing to assure the failure will not occur.

As Professor David Michaels states in his exposé on how regulatory agencies are being undermined by unethical corporations and the scientists who work for them, "I have yet to see an Exponent study that does not support the conclusion needed by the corporation or trade association that is paying the bills." David Michaels, Doubt Is Their Product: How Industry's Assault On Science Threatens Your Health, 47 (Oxford University Press 2008).

- Stuart Ollanik

Continue reading "Toyota's "Independent" Investigation Not So Independent" »