Product Liability Law Blog

The family of Jennifer Leanne Walton is suing Chrysler and R & J Tire Company for her wrongful death. Walton, 20, died on October 3, 2010 in a 15-passenger van rollover accident in Georgia. A the time, the Tabernacle of Prayer and Deliverance church van was transporting 19 people to a revival. Police say that a tire blowout caused the driver to lose control of the vehicle, which struck a median before rolling over at least twice. 4 people were killed while the other 15 sustained injuries.

In their auto products liability lawsuit seeking damages for Walton's wrongful death, her family says the defendants failed to warn users about their products and were responsible for the unsafe condition of the van and its tires.

Following this catastrophic traffic crash, and another 15-passenger van accident in New York that killed 6 people last month, the National Highway Traffic Safety Administration reissued its warning to van owners and operators and offered several steps that they can take to keep passengers safe, including:

• Ensuring that the van is properly maintained.
• Only allowing drivers that are fully trained and experienced to drive the van.
• NOT overloading the van
• Using tires that are the correct size for this type of vehicle.
• Making sure the tires are properly inflated anytime you go on a trip.
• Making sure that everyone in the van is using a seat belt.

Because 15-passenger vans have a higher rollover risk than most motor vehicles, critics and safety advocates have long questioned the way these vehicles are designed. Many of them don't have the basic safety vehicles that other cars have to protect passengers during a traffic collision.

Design defects, manufacturing flaws, and auto parts malfunctions can be grounds for an auto products liability lawsuit if they cause personal injuries or wrongful death.

Lawsuit filed in Van Crash, WRLB, October 22, 2010

Consumer Advisory: NHTSA Reissues 15-Passenger Van Safety Caution, NHTSA, October 14, 2010

Update: Nurse describes van crash scene: 'Bodies everywhere', Ledger-Enquirer, October 4, 2010

Six Killed in Crash on New York State Thruway, New York Times, September 18, 2010

Related Web Resources:
Q&As: 15-passenger vans, Insurance Institute for Highway Safety

15 Passenger Vans: Still Dangerous After All These Years, Safety Research, September 21, 2010

Graco Children's Products, Inc. and the US Consumer Product Safety Commission are announcing the voluntary recall of about 2 million MetroLite™ Graco Quattro Tour™ strollers and travel systems. The recall comes following reports of four infant strangulation fatalities involving the strollers. The babies died between 2003 and 2005. The CPSC says it also knows of five reports involving infants who became entrapped, causing breathing difficulties, bruises, and cuts.

With these Graco strollers, risk of strangulation or entrapment can occur—especially if the infant is under age 1—when the baby isn't harnessed. If the infant were to pass between the seat bottom and the stroller tray, his/her neck and head can get entrapped by the tray.

The strollers included in the recall were made before a January 2008 voluntary industry standard that requires larger stroller openings so that infants are not at risk of strangulation or entrapment.

Stroller Defects:
According to Consumer Watch, about 14,000 children are treated in hospital emergency rooms every year because of injuries they sustained in stroller-related accidents. 90% of these children will have sustained head injuries. 2 fatalities involving strollers occur each year.

Examples of other stroller defects:

• Hinge defects, which can result in fingertip amputations, lacerations, and pinches


• Faulty construction that can cause a stroller to collapse


• Small parts that are choking hazards


• Unstable frames that increases the chances a stroller will fall or tip over


• Unsafe safety harnesses that can result in entanglement or strangulation


• Sharp or exposed edges that can cause amputation or laceration

It was just earlier this year that Graco recalled 1.5 million strollers because they posed a fingertip amputation and laceration hazard.

Four infant deaths prompt Graco recall of 2 million strollers, Chicago Tribune, October 20, 2010

Graco Recalls Quattro™ and MetroLite™ Strollers Due to Risk of Entrapment and Strangulation, Four Infant Strangulation Deaths Reported, CPSC, October 20, 2010

Recall of 1.5 Million Graco Strollers Following Fingertip Lacerations and Amputations, Productliabilitylawblog.com, January 20, 2010

Strollers, Consumer Watch

Related Web Resources:
Graco Baby

Product Hazards, Kids in Danger

Continue reading "Graco Recalls 2 Million Strollers After Four Infant Deaths" »

Evenflo Company, Inc., a leading maker of child and baby gear, is recalling over 18,000 Evenflo Maestro child car seats in the US and Canada after the safety seats failed a Consumer Reports crash test. During the simulated 30-mph frontal-impact crash test, Consumer Reports found that two of the seat units' plastic shell cracked and their harness loosened. No injuries or deaths related to the safety issues have been reported to date.

Now, although Evenflo says that when it conducted tests to verify Consumer Reports' findings no such product flaws developed, the manufacturer has voluntarily recalled 13,792 units in the US and 4,479 units in Canada. The units that were recalled in the US were made before April 10, 2010.

Owners can obtain a free repair kit to fix the safety issue. Evenflo will provide a metal reinforcement plate that will provide better support.

Child Car Safety Seat Defects
Our child injury lawyers cannot stress the importance of making sure that your child is seated in not just the right safety seat for his/her size, but also that the car seat is free from defects that could cause it to malfunction during a car crash. It is essential that your son or daughter is properly secured at all times or the likelihood of serious injury or death during a traffic collision goes up.

According to University of Alabama at Birmingham professor Martha Bidez, Ph.D., US car safety polices for child passengers are among the weakest in the developed world. Despite the fact that car crashes continue to be the number one cause of death for US kids, ages 3 to 14, Bidez, an advocate for better US child protection standards,says that the National Highway Traffic Safety Administration still refuses to adopt mandatory, stringent crash testing of child restraints. She also contends that the US is falling behind other countries when it comes to protecting child passengers. Meantime, South America has just adopted a child-restraint-testing program as part of its Latin NCAP (New Car Assessment Program). Australia and Europe have used child dummies in rear seats during crash tests a number of years.

Lax U.S. standards for rear-seat restraints put kids at risk, UAB expert says, UAB Media Relations

Evenflo Maestro Car Seat Recalled After Failing Consumer Reports Crash Test, PR Newswire/Consumer Reports

Evenflo Initiates Voluntary Safety Recall of Certain Combination Booster Seats, Evenflo, October 15, 2010

Related Web Resources:
Car Safety Seats: Information for Families for 2010, Healthy Children

Consumer Reports

Child Safety, NHTSA

Continue reading "Evenflo Maestro Car Seats Recalled After They Fail "Consumer Reports" Crash Test" »

Daimler is recalling over 100,000 Mercedes-Benz autos because of a safety issue that can result in power fluid loss. The Mercedes-Benz E-Class autos (2010 – 2011 models) and Mercedes-Benz C-Class vehicles (2010 model) are involved. The recall is a global one. 85,000 of the recalled autos are in the United States. The German automaker is also recalling 9,201 Mercedes-Benz in China over an air conditioning defect.

In another recent auto recall, Tesla Motors is recalling its Roadster. It is the second recall since the car entered production in 2008. (In May, Tesla recalled all Roadsters over a safety issue related to the steering system that could possibly cause motorists to lose control of their autos.) This latest safety issue involves a 12-volt cable (it can be found at the back of the front headlamps and is connected to several auxiliary systems linked to turn signals, airbags, and lights) that is considered a possible factor in at least one vehicle fire. 439 Roadsters are affected. The automaker wants to install a new protective sleeve around the cable.

Auto Defects
Recalls to fix auto defects and other safety issues can save lives. However, there are autos with defective parts that have not been recalled and continue to be driven by motorists. These hazards can cause serious injuries and deaths. Unfortunately, there have been many instances when a manufacturer wasn't even aware there was cause for a recall until after someone was catastrophically injured in a car crash.

Our auto products liability law firm is here to help victims and their families that have suffered because of an auto manufacturer's negligence. We represent clients that have been injured in traffic crashes involving:

• Airbag defects
• Defective seatbelts
• Tie blowouts
• Gas tank explosions
• 15-passenger van accidents
• SUV Rollover crashes
• Roof crush
• Seatback failure
• Roof collapse
• Faulty engine
• Brake defect
• Passenger ejection
• Window defects
• Sudden intended acceleration
• Ill-fitting floor mats
• Seat belt defects
• Steering rod issues
• Conversion van safety issues

Mercedes-Benz Recall Announced, The New York TImes/AP, October 11, 2010

Tesla Recalls 439 Roadsters, Reuters, October 5, 2010

Related Web Resources:
Safercar.gov

5-Star Safety Ratings

Continue reading "Daimler and Tesla Motors are Latest Auto Manufacturers to Announce Vehicle Recalls" »

This week, the US Department of Transportation and the National Highway Traffic Safety Administration rolled out their upgraded 5-Star Safety Ratings System for new autos. According to US Transportation Secretary Ray LaHood, the enhanced ratings system raises the safety bar and they will be tougher to meet. Beginning with the 2011 models, the ratings system will assess the safety of passenger vehicles, vans, SUVs, and pickup trucks in the areas of side crash, frontal crash, and rollover system. An Overall Vehicle Score that combines results from all three areas will be provided. The score will compare the results to the other vehicles' potential for both vehicle rollover and risk of injury. Hopefully, this enhanced system will compel automakers to make safer cars that are free from dangerous auto defects.

Already, under the new system, only the Hyundai Sonata and BMW 5 Series have received five star ratings. Under the previous system, a lot more cars had received the maximum rating. For example, after earning five stars for its nearly identical vehicle in 2010 the Toyota Camry, received just three stars for its 2011 model.

The enhanced system will also assess side pole crash testing and crash prevention-technologies. The side-impact oblique pole test simulates a single auto hitting a utility pole or tree or getting hit from the side by a higher-riding auto. This test is a supplement to the older side barrier crash test. Also, for the first time, female crash test dummies are being used during simulated crash sequences. A female dummy will be used in the front passenger car seat during frontal crash testing and in the driver's seat during the pole test.

33 2011 model vehicles have been tested so far under the new auto safety rating system. Most of them, except for the Toyota Camry and the Camry Hybrid, which also received three stars, and Nissan's Versa, which received two stars (the lowest score of all the vehicles tested), received four stars. NHTSA Administrator David Strickland says the government wants consumers to embrace the available safety technologies, such as lane departure warning, electronic stability control, and forward collision, and take them into consideration when choosing which car to buy.

However, safety officials are cautioning consumers not to compare ratings that cars received under the old system and the new one. They say that a vehicle receiving less stars under the new system is more about having to do well under tougher tests and not about the vehicle being less safe.

Auto Products Liability
Hopefully, the new auto ratings system will decrease the number of injuries and deaths that result each year because of auto defects. Automakers must make sure that not only that their vehicles equipped with the proper safety equipment, but also that there are no design or manufacturing flaws that can cause a catastrophic car crash.

New U.S. crash tests: Only Hyundai Sonata, BMW 5 get 5 stars, USA Today, October 5, 2010

New Federal Auto Safety Rating System Takes Effect, The New York Times, October 5, 2010

Related Web Resources:
View the List of 2011 Vehicles that Have Been Rated Under the New System (PDF)

5-Star Safety Ratings

Continue reading "NHTSA's Enhanced 5-Star Safety Ratings System to Push Auto Manufacturers Toward Making Safer Vehicles" »

Toymaker Fisher-Price is recalling over 10 million products because of the injury hazard to children that they can pose. Parents and guardians should stop their kids from using the recalled items immediately and contact Fisher-Price.

RECALLED PRODUCTS:

Fisher-Price Trikes and Tough Trikes toddler tricycles:

• V4270 Diego Tough Trike


• T6209 Thomas Tough Trike


• B8776 Barbie Tough Trike


• 72644 Girls Tough Trike


• 72639 Barbie Free Spirit Trike


• J72633 Hot Wheels Trike


• N6021 Kawasaki Tough Trike


• M5727 Barbie Tough Trike Princess Ride-On


• 72643 Boys Tough Trike


• 72642 Lil' Kawasaki Trike


• 72792 Kawasaki Trike


• K6672 Dora the Explorer Tough Trike

If a child sits, falls, or strikes the protruding plastic ignition key, serious injuries, such as genital bleeding, can result. The Consumer Product Safety Commission and Fisher-Price know of 10 reports of injury incidents. Six of them involved girls (ages 2-3). About 7 million of the recalled units are in the US. Another 150,000 are in Canada.

Fisher-Price Little People Wheelies Stand 'n Play Rampway:

• V6378 Little People¬Æ Wheelies™ Stand 'n Play™ Rampway Gift Set


• T4261 Little People¬Æ Wheelies™ Stand 'n Play™ Rampway

If the wheels on the cars come off, a child may choke on the small part. There have been two reports of a wheel detaching. To date, there are no injuries reported. 100,000 of these toys are being recalled in the US. 20,000 are in Canada.

Fisher-Price infant toys that come with inflatable balls:

• 73408 Baby Playzone™ Crawl & Cruise Playground™


• K0476 Bat & Score Goal™


• B2408 Baby Playzone™ Crawl & Slide Arcade™


• J0327 1-2-3 Tetherball™


• H8094 Ocean Wonders™ Kick & Crawl™ Aquarium


• C3068 Ocean Wonders™ Kick & Crawl™ Aquarium


• H5704 Baby Gymtastics™ Play Wall

The inflatable balls come with a valve that can become a choking hazard if they come off. There have been reports of 46 incidents in the US involving such an incident. 14 of them involved a child putting the valve in his/her mouth. Three children started to choke. 2.8 million of these toys are in the US. Another 125,000 in Canada.

Fisher-Price High Chairs. Click on link below for a list of all the models
About 750,000 high chairs are being recalled in the US. Another 125,000 are being recalled in Canada. Already there have been seven reports of kids needing stitches and one child injuring a tooth. The high chair's rear legs have pegs that can pose an injury hazard to a child that falls on or against it.

Product manufacturers must make sure that the toys, furniture, accessories, decorative items, appliances, clothing, and other items that they make do not pose an injury risk to consumers. Children and babies are especially vulnerable to serious injuries from defective products. Over the years, there have been many injuries to children that could have been prevented were it not for a product defect or malfunction. The CPSC says that in 2008 alone, 82 children died and 63,700 were injured as a result of baby products. Choking hazards, suffocation hazards, lead paint hazards, fall hazards, and entrapment hazards are just some of the dangers kids and babies can face when dealing with a defective product.

The Fisher-Price Recall: More than 10 Million Products, CPSC, September 30, 2010

The most dangerous baby products?, KVUE, October 4, 2010

Recall Information, Fisher Price

Related Web Resources:
Consumer Reports

SafeKids USA

Continue reading "Fisher-Price Recalls Over 10 Million Toys, Tricycles, and High Chairs" »