Product Liability Law Blog

A jury has awarded the family of Brian Cole $131 million in their SUV rollover lawsuit against Ford for his wrongful death. Cole, a 22-year-old top prospect for the New York Mets, died on March 31, 2001 after he was thrown from his 2001 Ford Explorer on Interstate 10 close to Florida Highway 286. The punitive damages portion of the case was settled for an undisclosed amount. The jury also awarded $1.5 million to Ryan Cole, Cole's cousin who was injured during the single car crash.

This is the third time that Cole's family has sought to obtain auto products liability compensation against Ford. Two other trials had ended in hung juries.

According to the Mississippi sport utility vehicle rollover complaint, Cole's SUV rolled over when he veered the car to avoid striking another auto. Cole's family contends that he died because that particular Explorer model was at risk of rolling over and had a seat belt that was defective.

Ford had argued that Cole was speeding at over 80 mph when he "turned his steering wheel 295 degrees" to lose control of the auto. They also claimed Cole was thrown from the vehicle when it rolled over because he was not using his seat belt. Ford contends that it was denied a fair trial because certain evidence involving the wrongful death case was kept out.

SUV Rollovers
Thousands are injured and killed in rollover crashes each year. Many of these tragic SUV rollover crashes are a result of negligence on an automaker's part. There are many vehicles out there that lack the proper safety features necessary to protect car occupants during a rollover crash. Traumatic brain injuries, spinal cord injuries, roof crush-related injuries, and injuries from being thrown from the SUV are not uncommon. In addition to design and safety defects, other auto defects that can cause serious injuries or death to vehicle occupants during an SUV rollover include seat belt defects, airbag defects, seatback failures, poorly structured vehicle rooftops, tire flaws, and window defects.

Brian Cole's family awarded $131 million in lawsuit, NBC Sports, September 2, 2010

$132M awarded in '01 crash, ClarionLedger, September 3, 2010

Lawyer: Ford, family settle in player crash death, Google/AP, September 2, 2010

Related Web Resources:
Rollover, Frontline, PBS

Rollover, Safercar.gov

Two automakers have just announced voluntary vehicle recalls. Hyundai Motor Co. is recalling some 140,000 Sonata sedans because of a problem with the steering column that could cause a driver to experience partial or complete loss of steering ability. The cars affected by the recall were made between December 11, 2009 and September 10, 2010.

Hyundai says that it will update the power steering software for free. The automaker says that to its knowledge, less than 10 vehicles have exhibited the steering problem. No injuries or accidents related to the auto defect have been reported.

General Motors's also announced a new auto recall because of an airbag issue. Its Cadillac division is recalling 2,224 CTS All-Wheel Drive and CTS-V (2009 and 2010) models that were sold in the US. GM says that there is a problem with its front passenger knee airbag that could place an unbelted small adult who is less than 5 feet tall and weighs less than 110 pounds to sustain a leg injury if a front-end car crash occurs and the glove box was to strike the passenger's leg while moving to let the airbag deploy.

According to the automaker, the risk of injury to that person's femur is greater than what is allowed under the federal safety standard. The car failed to meet the federal safety standard by 1% the first time it was tested and was not in compliance by 3% during a second test. GM says it has no knowledge of injuries resulting from the airbag defect.

Auto Products Liability
Since 1969, our auto products liability lawyers have focused on providing legal representation to victims injured in car crashes and auto rollovers that involved auto defects. We have gone up against some of the largest automakers in the world.

Airbag Problem Leads To Recall Of Some Cadillac CTS Models, Wall Street Journal, September 24, 2010

GM Recalls 2009 - 2010 Cadillac CTS and CTS-V, US News and World Report, September 21, 2010

Hyundai Sonatas recalled after steering column problem, Fox41, September 26, 2010

Related Web Resources:
Safercar.gov

The Center for Auto Safety

Continue reading "Hyundai Recalls 140,000 Sonata Sedans Over Steering Column Defect and General Motors Recalls 20,224 Cadillac CTS Because of Air Bag Problem" »

This week—September 19 to 25—is Child Passenger Safety Week. The National Highway Traffic Safety Administration uses this time to remind parents, guardians, and others of the importance of making sure that children are securely fastened when riding in motor vehicles.

According to the National Highway Traffic Safety Administration's 2008 Traffic Safety Facts:

• Motor vehicle crashes are the number one cause of fatalities for kids between the ages 3 and 14.
• About 4 kids in this age group are killed a day in US traffic crashes, while another 529 are injured.

There is no doubt that safety restraints can save lives. In 2008, seat belts saved some 12,250 people over the age of 4. 17,402 others could have been saved if everyone in the 5 and over age group had worn seat belts.

As for children in the 4 and under age group, The NHTSA says that child safety restraints reduce fatalities for infants (under age 1) by 71% and by 54% for toddlers (ages 1 to 4). Some 244 kids in the 4 and under age group were saved because of safety restraint use. If all kids under age 5 had used seat belts, some 323 children wouldn't have died that year.

Of course, using the appropriate safety restraint for your child—whether a regular seat belt, child safety seat, or a seat belt accompanied by a booster seat—is not enough. The restraint device must be appropriate for the child's age, weight, and height, free from defects, and installed and used correctly. While parents, guardians, and other caregivers must make sure that children are properly secured, it is also up to the safety restraint manufacturer to make sure that their child safety seat or seat belt has no defects, doesn't malfunction, and comes with the proper instructions for installation and/or use.

If your son or daughter was injured because of a child seat defect, a seat belt malfunction, or because of the safety restraint system came with poor instructions, our child injury lawyers want to hear from you. You may be able to pursue a child products liability lawsuit against the negligent manufacturer, as well as personal injury or wrongful death complaints against other responsible parties.

National Seat Check Saturday
September 25, 2010 is National Seat Check Saturday. Find a child safety seat inspection site near you and let a certified technician inspect your child's safety seat to make sure it is correctly installed. The check is free! The technician can also show you how to use the child safety restraint properly.

Child Passenger Safety Week, NHTSA

Occupant Protection, 2008 Traffic Safety Facts (PDF)

Car Safety Seats: Information for Families for 2010, Healthy Children/American Academy of Pediatrics

Seatcheck.org

Toyota Motor Corp. and the relatives of the Saylor family and Chris Lastrella have reached an out-of-court San Diego auto products liability settlement over the victims' California wrongful deaths. Mark Saylor, his wife Cleofe, their daughter Mahala, and Cleofe's brother Chris Lastrella were killed last August when the 2009 Lexus E350 that they were riding accelerated out of control to up 120 miles per hour on the freeway before striking another vehicle and crashing into a ravine. The car was on loan from the Bob Baker Lexus dealership while Saylor's car was undergoing repairs.

The tragic San Diego car crash, which involved an ill-fitting floor mat that had jammed the accelerator, brought to attention the issue of sudden unintended acceleration related to Toyota vehicles. Since then, the automaker has recalled millions of vehicles over sudden acceleration issues and other safety defects. Some 5.4 million autos were recalled internationally because of the floor mat defect. About 4.5 million autos had to have their gas pedals replaced.

Dozens of people have filed auto products liability lawsuits and thousands of others have submitted complaints to federal regulators saying that they too have experienced Toyota sudden acceleration issues. At least 93 deaths are being linked to the Toyota auto defects. One man was even released from prison after his vehicular manslaughter conviction for the 2006 motor vehicle deaths of three people was thrown out. Koua Fong Lee has always said that he was stepping on the brakes when his 1996 Toyota Camry accelerated suddenly.

The Saylor family and Lastrella family have filed negligence claims against the Bob Baker Lexus dealership that are not covered by their auto products liability settlement with Toyota. Some are speculating that by leaving the negligence claim against the dealership out of the auto products liability settlement, Toyota is blaming it for the victims' deaths because the wrong floor mat was inserted in the driver's side. Earlier this year, the dealership filed a cross-complaint against Toyota claiming that the car manufacturer should be liable for auto defects that are inherent to the vehicle.

This week, Toyota filed a motion to dismiss hundreds of federal lawsuits seeking class action status. The automaker contends that the complaints do not identify even one electronic defect that could have caused the sudden acceleration issue.

Toyota settles suit over Saylor car crash, Los Angeles Times, September 17, 2010

Toyota Settles Over California Deaths, NY Times, September 18, 2010

Freed Toyota Driver: My Children Don't Know Me, ABC News, August 6, 2010

Related Web Resources:
Toyota Recall Information, Toyota

National Highway Traffic Safety Administration

Toyota Safety Issues, Product Liability Law Blog

The U.S. Consumer Product Safety Commission and Albee Baby are recalling about 130 Sorelle brand "Prescott" fixed-sided cribs because they pose a possible hazard to children. Simplicity Inc., a manufacturer that is no longer in business, made the cribs.

This latest recall expands upon a crib recall that was announced last April involving Simplicity cribs. That recall was for both drop-side and fixed-side cribs. They too were recalled because they posed possible fall, entrapment, and suffocation hazards.

The approximately 130 cribs are re-labeled Simplicity cribs and come with the tubular metal mattress-support frames that were part of the original recall. In the event that the frames detach or bend, a space may be created that a toddler or infant can get entrapped in or fall out of the crib through.

Already there has been one Massachusetts crib death involving a one-year-old who got entrapped between the crib frame and mattress and suffocated. The CPSC says it has received at least 13 reports of incidents involving Simplicity cribs that collapsed because the metal mattress support frame became bent or detached.

Our child injury law firm wants to remind you that you can hold a crib manufacturer liable for products liability if your son or daughter sustains injuries or dies because of a crib defect or malfunction.

Baby Safety Month
The Juvenile Products Manufacturers Association sponsors Baby Safety Month in September. This year, JPMA is placing special emphasis on teaching caregivers and parents about the importance of a safe sleeping environment for a baby.

JPMA offers a number of crib safety tips, including:

• If your child is in a drop-side crib, remember to keep the drop-side raised unless you need to lower it to pick up your child or lean into the crib.


• Don't place the crib close to windows, blinds, or draperies that come with long cords.


• Make sure the crib is properly installed and that there are no missing or loose parts, such as spindles or slats.


• Make sure that if there is a space between the crib side and mattress that it is no more than the width of two fingers wide.


• Don't use a crib that has any cutout areas on its footboard or headboard.

Albee Baby Recalls C & T International/Sorelle Brand "Prescott" Cribs Due to Entrapment, Suffocation and Fall Hazards, CPSC, September 14, 2010

Crib recall expanded, News Channel 5, WPTV, September 15, 2010

Crib Safety, JPMA

Related Web Resources:
Juvenile Products Manufacturers Association

Crib safety tips, Consumer Reports

Continue reading "Sorelle Brand "Prescott" Cribs Recalled Over Fall, Suffocation, and Entrapment Concerns" »

The Consumer Product Safety Commission and the Home Safety Council want to remind parents and guardians that just because summer is over doesn't mean that they should be less vigilant when it comes to letting their children swim in pools and spas. Swimming pool accidents continue to be a leading cause of child injuries and deaths. Since Memorial Day weekend, there have been 172 drownings and over 180 nonfatal incidents involving kids under age 15.

Even though the school year is back in swing, the hot weather will continue to persist through most of the US for at least another few months. To prevent drowning accidents from happening, owners of private pools and public pools and spas must make sure that the necessary safety precautions are in place.

Some steps that pool owners can take to prevent drowning accidents:

• Use a heavy-duty cover over the pool to keep kids out when there are no adults available to supervise


• Install a government-approved anti-entrapment safety drain cover


• Set up a fence around the pool area so that kids can't get in the water without your knowledge


• Make sure that children are properly supervised when in the pool by someone that knows how to swim

Common causes of pool drownings and injuries:

• Inadequate warning signs to accompany a public/community/hotel/resort pool


• Inadequate supervision


• Improper maintenance


• Improperly installed pool or spa equipment


• Defective swimming pool or spa equipment


• Inadequate rescue equipment


• Wet pool decks that can cause someone to slip and fall into the water


• Hazardous pool chemicals


• Drain entrapment accidents

Our child injury attorneys would like to offer you a free case evaluation to discuss your drowning accident case.

The 2010 Pool Safely Summer Snapshot CPSC and HSC Release Summer Figures on Child Drownings, CPSC, September 4, 2010

Related Web Resources:
Federal Pool and Spa Safety Act

Child Safety, How to Prevent Drowning, The Mayo Clinic