Product Liability Law Blog

Injuries to Children: 1.2 Million Graco Harmony High Chairs Recalled Because of Fall Hazard

2010-03-19T03:31:04Z

Graco Children’s Products Inc. and the US Consumer Product Safety Commission are recalling 1.2 million Graco Harmony™ High Chairs because they pose a fall hazard to kids. The children’s products manufacturer has received 464 reports of screws and/or brackets loosening and/or coming out of the chairs' rear legs. This product defect has resulted in at least 24 injuries, including head bruises, bruises, scratches, bumps, and cuts, as well as a hairline fracture to the arm. The loose bracket or screw can cause the high chair to become unstable and tip over.

All Harmony™ High Chairs are included in the recall. The chairs were made between November 2003 and December 2009. They are no longer being manufactured.

Consumers should stop using the Harmony™ High Chair right away. You can get a free repair kit from Graco. The recalled product, which includes over 65 models, was sold at retailers throughout the US, including Toys “R” Us, Babies “R” us, Target, Walmart, Sears, Burlington Coat Factory, and USA Baby.

This is not the first time Graco has had to recall defective high chairs. In 2007, the manufacturer recalled 100,000 high chairs because they were at risk if collapsing if they weren't correctly opened and locked into place.

Graco is not the only major manufacturer that has recalled high chairs over defects. Last year, Fisher-Price recalled its “3-in-1” High Chair because the seat back was at risk of detaching, posing a possible fall hazard. Also last year, the CPSC recalled 90,000 Majestic ™ High Chairs (after already recalling 90,000 high chairs in 2008) and 643,000 Evenflo Envision™ High Chairs because they posed fall and choking hazards to kids.

It can be devastating to find out that your child was hurt or died because a trusted manufacturer designed a furniture, toy, or other kids’ product that was defective. You take such good care of your child that you can’t help but expect the makers of kids' products to do the same.

Graco recalls 1.2 million high chairs after babies injured, Triangle Business Journal, March 18, 2010

Graco Recalls Harmony™ High Chairs Due to Fall Hazard, CPSC.gov, March 18, 2010

Related Web Resources:
Graco Baby
US Consumer Product Safety Commission

]]> Our injuries to children products liability lawyers help families throughout the US obtain products liability recovery from negligent manufacturers.

At Least 13 Infant Deaths Linked to Baby Slings, Reports CPSC

2010-03-14T06:16:51Z

The Consumer Product Safety Commission is warning dads and moms that chic baby slings can be deadly. The commission says that it has investigated at least 13 child fatalities involving the sling-style carriers in 20 years. Three of the fatalities occurred last year. 12 of the babies that died were under the age of four months.

Baby slings wrap around the chest, keeping the baby close to the parent. They allow parents to “wear” their kids. Experts have promoted infant slings as a way to calm babies down or help moms breastfeed their children.

Now, the CPSC is warning caregivers and parents to be very careful when using the baby slings for infants in that vulnerable age group because the child carrier can pose a suffocation hazard in two ways:

• The sling can cause the baby to be cradled too close to the mom’s belly or under her chest in a curved position. This may push the baby’s head forward, limiting his/her ability to breathe and cry for help.

• The fabric of the sling can push itself against an infant’s nose and mouth. It takes just a minute for a suffocation accident to happen.

Many of the fatalities involved kids who were born prematurely, low birth weight twins, or suffering from a cold.

The CPSC is not the first to warn about hazards related to this popular carrier. In 2008, Consumer Reports noted that approximately two dozen serious injuries had been linked to the slings. Skull fractures were among the injuries sustained during fall accidents from the carrier.

Safety advocates again warned about the dangers the sling can pose last year after a 1-week-old baby died in an Oregon suffocation accident. His cause of death was positional asphyxia.

Currently, there are no rules or standards that govern baby slings. However, if your child fell out of a baby sling or was seriously injured/died in a suffocation accident, your son or daughter may be the victim of child products liability.

The CPSC is offering the following safety precautions to prevent sling suffocation accidents:

• Make sure that the baby’s head is faced up and away from the sling or the mom’s body
• Check the baby’s position on a regular basis
• Make sure that the sling’s fabric doesn’t cover the baby’s face

Baby slings to get warning after deaths, MSNBC/AP, March 9, 2010

Infant Deaths Prompt CPSC Warning About Sling Carriers for Babies, CPSC, March 12, 2010

Related Web Resources:
Strangulation and Suffocation, Parents.com

Consumer Product Safety Commission

]]> Please contact our child injury lawyers to request your free case evaluation.

Preventing Injuries to Children: Are Gas Fireplaces a Burn Hazard?

2010-03-09T06:31:13Z

With cold weather continuing to affect many parts of the US, people have been using their gas fireplaces to keep everyone indoors warm. Yet are the doors of some of these gas fireplaces poorly designed so that they pose a burn danger to kids?

According to the Children’s Hospital Burn Center, in the last five years, the number of hand burns caused by fireplace glass doors has gone up by 50% with an average of 2-3 burn victims coming in each week for treatment. One reason for this is that there are a lot of gas fireplace doors that lack protective screens.

It takes just six minutes for a fireplace door’s temperature to hit 200 degrees. The glass door may keep kids away from the fire, but they may still subject to second- and third- degree burns from coming into physical contact with the heat emanating from an extremely hot door.

Over the holiday season, one young boy sustained white blisters on his hands when he placed them on the glass doors of a fireplace. Following the Colorado burn accident, the boy was rushed to the hospital for treatment. Luckily, his injuries did not require skin grafting.

Burn Injuries
Burn injuries can be very painful and traumatic. Second-degree burns can affect both the dermis and the epidermis. Symptoms of a second-degree burn include swelling, redness, peeling skin, blisters, pain, charred skin, peeling skin, and shock. Immediate treatment is imperative, or a second-degree burn can become a third-degree burn. Third-degree burns affect both the external and internal skin layers. They can lead to scar injuries.

Manufacturers must make sure that any products they design are not dangerous for use and if there is an inherent hazard, then they must providing a warning label cautioning against how to prevent injury or death. Otherwise, the victim and his/her family can file a products liability lawsuit suing for personal injury damages. Young children are especially prone to injuries caused by hazardous or dangerous products.

If your child sustained a burn injury from coming into contact with a fireplace glass door, we invite you to contact our products liability law firm and ask to speak with one of our child injury lawyers immediately.

If you are using a gas fireplace with a glass door, the Children’s Hospital recommends that you:

• Place a screen or gate around the fireplace to block kids from touching the door.
• Watch your kids when they are near the fireplace.
• Remember that it takes a gas fireplace about 45 minutes to cool down completely after it has been shut off.

Cozy gas fireplace? Don't let it be a burn hazard, Denver Post, February 13, 2010

Gas Fireplace Glass Door Burn Prevention, Children'sHospital.org

Related Web Resources:
Burns, Medline Plus

Burns, KidsHealth.org

As General Motors Recalls 1.3 Million Vehicles, Nissan Recalls 540,000 Pickup Trucks and Minivans and Mazda Recalls 12,300 SUVs

2010-03-03T20:55:20Z

It’s only Wednesday, and already three major auto manufacturers have announced recalls of their vehicles due to possible vehicle defects. Our auto products liability lawyers will continue to monitor these problems, and we ask that you contact us immediately for a free consultation if you believe that you or someone you love sustained injuries related to these issues.

On Monday, General Motors announced that it is recalling 1.3 million Pontiac and Chevrolet compact cars in the United States, Mexico, and Canada because the vehicles’ power steering motors might fail. Vehicles involved in the GM recall include:

• Chevrolet Cobalts, 2005 – 2010 models
• Pontiac Pursuit, 2005 and 2006 models
• Pontiac G5s, 2007 – 2010 models
• Pontiac G4’s, 2005 and 2006 models

General Motors says that although the problem is not making the vehicles less safe to drive, they can be harder to steer when the car is moving at speeds lower than 15 mph. Because the condition doesn’t usually develop until after the vehicle has been driven for 20,000 to 30,000 miles, older models will be repaired first.

On Tuesday, Nissan announced the global recall of 540,000 sport utility vehicles, minivans, and pickup trucks so that inaccurate fuel gauges and faulty brake pedal pins can be repaired. The recall over the brake pedal pins comes following three reports that braking ability was impended when these devices became partially disengaged. The 179,000 vehicles affected in the US include (2008 – 2010 models):

• Quest
• Titan
• Infiniti
• Armada

The automaker is recalling another 419,000 Nissan vehicles over an unrelated fuel-gauge problem that can result in inaccurate fuel readings. For example, the gas tank may be empty even though the gauge shows that the tank still contains gas. Autos affected include the (2005 – 2008 models):

• Titan
• Infiniti QX53
• Armada

Also recalled by Nissan (these vehicles were made between Jan- March 2006 and October 2007 – January 2008):

• Frontiers
• Xterras
• Pathfinders

Last, but not least, today Mazda announced that it is recalling 12,300 CX-9 crossover SUV’s because of the possibility that their electronically heated seats might overheat. This defect may damage the seat surface, drain the car battery, or cause a fire.

This Mazda recall really burns my ..., CNN, March 3, 2010

Nissan recall: Steps to take if your car is on the list, The Christian Science Monitor, March 3, 2010

GM Recalls 1.3 Million Cars: What's Behind All These Vehicle Recalls?, Daily Finance, March 2, 2010

GM to recall 1.3 million compacts for steering problem, Washington Post, March 1, 2010

Related Web Resources:
National Highway Traffic Safety Administration

Recalls.gov

]]> Our auto products liability lawyers have successfully represented car crash injury victims and their families throughout the US.

Colorado Products Liability: Manufacturer Can Still Be Held Liable for Personal Injury Even with Signed Release, Says State's Supreme Court

2010-02-27T19:13:34Z

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

Injuries to Children: Pediatricians Want Warning Labels on Foods that Are Choking Hazards

2010-02-24T00:19:58Z

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

]]> If your child was injured in a choking accident involving food, toys, crayons, or another consumer good that was made, manufactured, or packaged by a manufacturer, contact Gilbert, Ollanik, & Komyatte, PC today and ask to speak with one of our products liability lawyers.

Toyota Acceleration Defects Now Allegedly Linked to 34 Car Accident Deaths

2010-02-16T05:36:23Z

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

]]> If you were the victim of a Toyota acceleration crash, please contact our automotive products liability lawyers today.

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

2010-02-13T19:34:36Z

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

Crib Safety, Baby-Place

]]> Our injuries to children law firm is not afraid to pursue products liability claims against the largest crib manufacturers in the country.

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

2010-02-10T05:51:28Z

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

]]> Contact Gilbert, Ollanik, Komyatte, PC today.

Toyota Prius is at Center of More than 100 Brake Complaints

2010-02-04T04:06:33Z

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

]]> Our auto products liability attorneys at Gilbert, Ollanik, & Komyatte, PC are not afraid to go up against the largest car manufacturers in the world if it means that our injured clients will receive their financial recovery.

Toyota Recalls Another 1.1 Million Autos Over Floor Mat – Gas Pedal Defect

2010-01-30T04:48:05Z

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

]]> Our auto products liability lawyers are not afraid to take on an auto manufacturer giant whose negligence when designing, manufacturing, or distributing a vehicle contributed to causing a deadly car accident.

Gas Pedal Defect Prompts Toyota Recall of Another 2.3 Million Vehicles in US

2010-01-25T23:00:51Z

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

]]> Gilbert, Ollanik, & Komyatte, PC represents car products liability clients throughout the US.

Recall of 1.5 Million Graco Strollers Following Fingertip Lacerations and Amputations

2010-01-21T00:00:56Z

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

Toyota and Ford Top Are Automakers with Most Vehicles Recalled in 2009

2010-01-16T05:02:44Z

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

Ford Motor Co. and Woman Paralyzed in SUV Accident Involving Rear Seat Latch Failure Reach Auto Products Liability Settlement

2010-01-12T02:01:33Z

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