Product Liability Law Blog

$8M Seatback Defect Verdict Awarded to Family of Girl with Traumatic Brain Injury

2010-09-01T02:50:27Z

A jury has awarded the family of Aaliyah George an $8 million seatback collapse verdict for catastrophic injuries she sustained during a Missouri car accident in 2007. George was 2-years-old at the time. Johnson Controls, Inc., the company that designed and manufactured the car seat that malfunctioned, is the defendant of this Missouri auto products liability lawsuit.

Aaliyah was injured on October 24, 2007 when the 1997 Dodge neon that she was riding, which her grandmother Margaret Steele was driving, was rear-ended by another vehicle. During the collision, the driver’s seat fell backward, causing Steele to fall back and her head to strike Aaliyah, who was in her child safety seat, on the head.

Because of the seatback defect, the little girl suffered a traumatic head injury, brain damage, multiple fractures, and permanent partial paralysis to her right side. Also, her thought, speech, and learning capabilities suffered significant damage. Aaliyah’s auto products liability lawyers say it is unlikely that her cognitive development will advance beyond that of an adolescent.

According to Dolan Media Newswire, a month before the civil trial the plaintiff’s attorneys dropped the negligence and punitive damages claims against the defendant. This means that Johnson Controls could not offer its primary defense that the seats had been designed according to Chrysler’s specifications. The only claim left was that of strict product liability, which does not require the defendant to have engaged in misconduct to be held liable.

Seatback Failure
Seatback malfunctions can result in serious injuries and deaths. A collapsing seatback can:

• Cause a driver—if it is his/her seat that collapses—to lose control of the vehicle.
• Result in partial or complete ejection for the seat occupant from the auto.
• Throw the seat occupant into the other vehicle occupants or against the auto's interior.
• Cause serious injury to the seat occupant and to the person sitting behind the defective seat.

Platte County jury awards $8M judgment for injured girl, Missouri Lawyers Media/Dolan Company, August 2, 2010

Mo. jury awards family $8M from Johnson Controls, Business Week/Associated Press, August 4, 2010

Seat Back Defects, Buzzle.com

Toyota Recalls Over 1 Million Corolla and Matrix Autos in the US and Canada

2010-08-29T00:29:33Z

This week, Toyota recalled about 1.13 million Matrix and Corolla cars because of a problem with the vehicles’ engine control system. A faulty engine module may cause the car to stall, shift hard, or fail to start. 2005-2008 models are affected by the recall.

This latest Toyota recall comes just as the National Highway Traffic Safety Administration had upgraded its investigation into more than 180 complaints it had received about stalled Toyota engines to the level of "engineering analysis." MarketWatch reports that there may be over 1,100 consumer complaints.

The Corolla is one of the bestselling sedans in the US. The automaker says three accidents and one minor injury have been linked to this safety issue—although whether or not this is in fact the case is unconfirmed at this time. The latest recall ups the number of vehicles that Toyota has recalled in the past year to over 11 million autos.

Toyota’s latest recall also impacts approximately 200,000 General Motors Pontiac Vibes. The GM vehicles are similar to the Matrix and were built in a joint venture with Toyota. These autos too are on the recall list.

Our auto products liability law firm has been monitoring the Toyota recalls over the last year. If you believe that a car accident that you or your loved one was involved in may have been caused by a possible auto defect, it is important that you explore your legal options right away.

Auto defects can create safety issues that, if they go undetected and unremedied, can cause serious injuries and deaths. Spinal cord injuries, traumatic brain injuries, burn injuries, disfigurement, and internal injuries can occur. The lives of the victims, their loved ones, and the motorist accused of causing the auto accident—when in fact the crash was caused by a negligent auto manufacturer—can be catastrophically altered. A recall does not have to have been issued for your vehicle to have a dangerous auto defect.

GM’s Pontiac Vibe Affected By Latest Toyota Recall, Gant Daily, August 27, 2010

Toyota Corolla Recall Affects Other Models, Wall Street Journal, August 26, 2010

talling risk in Toyota Corolla, Matrix vehicles gets more scrutiny, Los Angeles Times, August 24, 2010

Toyota could be heading toward another recall, MarketWatch, August 24, 2010

Related Web Resources:
SaferCar.gov

How to Report a Safety Complaint, NHTSA

Toyota Motor Corporation

]]> Contact our Toyota sudden acceleration law firm to discuss your auto products liability case.

Playground Accident Death: Girl’s Family Wants “X-Wave” Banned

2010-08-24T16:45:44Z

A 9-year-old girl has died in an Oklahoma playground accident. Now, Alyssa Avila’s family wants the “X-Wave,” the playground equipment she was playing on when the tragic incident happened banned.

Playground equipment accident happened last Thursday at Wyandotte elementary school. The 4th grader and several children were on the X-wave when she fell off the section of the equipment that was in the air. As Alyssa rose to get back on the X-wave, the section that was now coming down struck her head, knocking her to the ground. Medical workers that came to the school say that she was in cardiac arrest when they arrived.

Per a preliminary investigation, the X-wave was functioning properly and showed no signs of defect. The three-piece playground equipment had only been in use at the school for two days when the tragic playground accident happened. It has since been secured and the school superintendent says it will never be used again. The state Medical Examiner’s Office is still conducting its investigation.

Playground Equipment Accidents
According to the Consumer Product Safety Commission, at least 150,000 emergency room visits each year involve accidents on playground equipment. A few causes of playground injuries:

• Defectively designed playground equipment
• Dangerous playground equipment
• Broken equipment
• Equipment that has cracked wood or rusted metal
• Equipment that have objects, such as bolts or hooks, sticking out of them
• Unsecured playground equipment
• Hazardous debris, such as broken glass, in a sandbox
• Poorly designed playground layout (for example, equipment that may be located too near each other that their proximity to one another causes an injury hazard)

According to a 2008 KidsHealth.Org article, the following playground equipment is considered unsafe:

• Swinging ropes
• Animal figure swings
• Glider swings
• Monkey bars
• Trampolines
• Exercise rings

Our playground equipment injury lawyers are familiar with the serious injuries that can result because of defective playground products or dangerously designed playgrounds. There may be a playground equipment manufacturer or property owner who should be held liable for your child's injuries or death.

Family of dead Wyandotte girl wants playground equipment involved in accident banned, NewsOK, August 21, 2010

Ottawa County Girl Who Died In Playground Incident Suffered Head Injury, NewsOn6, August 21, 2010

Playground Safety, KidsHealth

Related Web Resources:
National Playground Safety Institute

Injuries and Deaths Associated with Playground Equipment (PDF)

X-Wave, Xccent Play!

]]> Contact our child injury law firm today.

Mazda, General Motors, and Honda Recall Vehicles Over Power Steering, Seat Belt, and Ignition Issues

2010-08-18T22:31:37Z

More auto safety issues have prompted the recall of more vehicles by some of the largest manufacturers. Our auto products liability law firm wants to remind you that auto defects that cause serious injuries or wrongful death maybe grounds for a personal injury case or a wrongful death complaint against a negligent automaker.

General Motors is recalling 243,000 crossover vehicles because of a possible rear seat belt defect that can occur if the belt becomes damaged when a seat that has been folded flat is restored to an upright position. This can allow a seat belt occupant to mistakenly think that the belt is properly latched. The GM recall involves the 2009 and 2010 models of the Buick Enclave, the Chevrolet Traverse, the Saturn Outlook, and the GMC Acadia.

Also this week, Mazda Motor Corp. announced that it is recalling 215,000 Mazda 5 and Mazda 3 vehicles (2007 – 2009 models) in the US because they might suddenly lose their power steering without warning, increasing the risk of a car crash. The auto defect can happen if rust comes off a high pressure pipe and places strain on the power steering pump, resulting in a system shutdown.

The National Highway Traffic Safety Administration says it has received at least 33 complaints regarding this safety issue. Three of the complaints contend that loss of steering control caused their respective car accidents. While the vehicles use an electric boost to the hydraulic power steering system that is supposed to make turning the car easier, some drivers do not have the extra strength required to maintain control of the auto should the electric boost fail.

Last week, Honda Motor Corp. recalled 428,000 autos in the US and Canada because of an auto defect that can cause a car to roll away if it is not parked properly. This may happen if the ignition interlock lever fails. The lever is supposed to keep they key in the ignition if the vehicle has not been placed in park. Honda vehicles in the US affected by the recall are the Civic, Accord, and Element (2003 and 2004 models).

NHTSA upgraded its investigation into the possible vehicle defect after Honda received reports of 10-related car accidents. NHTSA says it had received 11 car crash reports over the same issue.

G.M. Recall for Seat Belts Affects 243,000 Crossovers, NY Times, August 17, 2010

Steering issues spur Mazda recall; GM recall targets seatbelts, Los Angeles Times, August 18, 2010

Honda to Recall 428,000 Vehicles in N. America, ABC News, August 9, 2010

Related Web Resources:
NHTSA

Auto Recalls, Justia

]]> Our automotive products liability lawyers represent clients throughout the US who have suffered injuries or the death of a loved one in a car crash caused by a defective auto part.

Man Sent to Prison Over Toyota Sudden Acceleration Deaths is Set Free

2010-08-09T02:14:06Z

Two years into serving his eight-year sentence for the 2006 motor vehicle deaths of three people, 32-year-old Koua Fong Lee is now a free man. Lee was convicted of vehicular manslaughter in 2007 because his 1996 Toyota Camry had accelerated suddenly and uncontrollably, causing the fatal crash.

While Lee has always maintained that he was stepping on the brakes at the time, prosecutors had argued that because his foot was actually on the accelerator his vehicle reached speeds of up to 90 mph when he hit the other cars. Lee's pregnant wife, daughter, niece, brother, and dad were in the car with him at the time. Killed in the Minnesota car crash were father and son, Javis Adams, 33, and Javis Adams, Jr., 10, as well as Devyn Bolton, 6, who at first survived the collision as a paraplegic before later dying from her car crash injuries.

Although the 1996 Toyota Camry isn’t one of the millions of vehicles that Toyota has recalled in the last year because of sudden unintended acceleration problems, Lee’s attorneys, who were pushing for another criminal trial, presented affidavits and testimony from 10 1996 Camry owners who said that they too had experienced Toyota sudden acceleration difficulties while driving their vehicles.

The judge called for a new trial due to evidence of mechanical failure and the possibility that Lee’s original lawyer failed to provide him with an adequate defense during the criminal trial. Prosecutors then decided to drop the criminal charges against Lee, which is why he was finally set free last Thursday.

Meantime, the victims’ families, who had been pressing for Lee's release from prison, are now suing Toyota for automotive products liability over their loved ones’ wrongful deaths.

Minnesota judge frees man convicted in acceleration crash of Toyota, CNN, August 6, 2010

Recalls cast new light on Toyota crash case, The Washington Post, August 5, 2010

Related Web Resources:
Toyota Recall Update

Unintended acceleration guide, Consumer Reports

Auto Products Liability Lawsuits Claim Toyota Knew About Sudden Acceleration Problems in 2003

2010-08-03T23:48:52Z

Documents filed this week in two auto products liability complaints against Toyota Motor Corp. claim that the automaker knew as far back as 2003 that some of its vehicles were experiencing sudden unintended acceleration problems. The lawsuits cite six incidents between 2003 and 2010 involving sudden acceleration, including some cases that were verified and replicated by its own dealers and technicians.

In one incident this year, a Toyota technician took one car on a test drive after a motorist complained that the vehicle was accelerating of its own accord. The technician reported experiencing the same problem. ABC reports that in 2003, another technician reported a "a mis-synchronism between engine speed and throttle position movement" during a sudden acceleration incident, which he called an "extremely dangerous problem."

One of the auto products liability lawsuits is seeking class action status for car owners claiming that the alleged auto defects have lowered the price of their vehicles. The other complaint involves motorists injured or killed in Toyota sudden unintended acceleration accidents.

Already, hundreds of auto products liability lawsuits have been filed against Toyota over the unintended acceleration issue. Many of the complaints were consolidated into two federal lawsuits last year. Several dozen plaintiffs are involved but up to 40 million Toyota owners could be class members. Toyota is accused of not only knowing about the sudden acceleration problem and failing to report it, but also of taking great pains to hide the safety issue.

Meantime, there are more auto defect lawsuits against Toyota. In a Nevada auto products liability case, the widow of Jeffrey Mark Levine is suing the automaker for his wrongful death. The delivery driver was killed when his Toyota Tacoma rear-ended a mobile home last December.

Kim Levine contends that the gas pedal of the truck got entangled with the floor mat, causing the sudden unintended acceleration accident. She is seeking Las Vegas auto products liability damages for Jeffrey’s wrongful death on her behalf and for her two sons, ages 6 and 13. Also a defendant in the Nevada wrongful death lawsuit is Findlay Automotive Inc. One of its technicians had inspected the floor mat in November 2009.

Toyota sudden acceleration reports date to 2003, Los Angeles Times, August 2, 2010

Docs: Toyota had acceleration issues since 2003, Associated Press, August 2, 2010

Toyota Documents Allegedly Reveal Company Able to Recreate Sudden Acceleration Incidents, ABC News, August 3, 2010

Related Web Resources:
Toyota Recall Information

National Highway Traffic Safety Administration

CPSC Recalls 30,000 Baby Recliners After Death of 4-Month-Old Girl

2010-07-27T05:49:24Z

The U.S. Consumer Product Safety Commission and Baby Matters LLC are recalling 30,000 Nap Nanny® portable baby recliners because they pose fall, entrapment, and suffocation hazards. One baby, 4-months-old, reportedly died while in the recliner. She was in her harness but hanging over its side and stuck between the crib bumper and the recliner, which was in the crib. Another infant, who was also in the harness, suffered a forehead cut after falling over the side of the recliner. The baby ended up caught in between the crib side and the recliner. It is not recommended to use a Nap Nanny® inside a play yard, crib, another confined space, a countertop, a table, or any other space that is elevated.

To date, there have been 22 reports of infants, most of them under the age of 5 months, either falling out or hanging over the recliner’s crib while harnessed. Failure to properly attach the velcro straps inside the recliner’s cover or the “D”-rings inside the foam can make the recliner an even more serious hazard that can cause injuries to children. The first generation Nap Nanny® model did not come with “D” rings.

According to Forbes.com, Nap Nanny is designed to imitate the curves of a child safety seat. The recliner is supposed to keep the baby at a slightly raised level to decrease gas, reflux, stuffiness, and other issues.

Owners of first generation Nap Nanny® models should stop using the recliner right away and call Baby Matters LLC for a coupon. Second generation Nap Nanny® model should discontinue use of the recliner until they can get new warnings and product instructions from the company Web site.

Our child injury attorneys understand the devastation of losing a child because a product manufacturer was careless in designing a defective furniture product or did not provide proper instructions or warnings for safe use.

Baby Matters Recalls Nap Nanny® Recliners Due to Entrapment, Suffocation and Fall Hazards; One Infant Death Reported, CPSC, July 26, 2010

Nap Nanny recliners recalled, Forbes.com, July 26, 2010

Related Web Resources:
Nap Nanny

Consumer Reports

]]> Our child products liability lawyers represent families throughout the US whose children were injured or died from suffocation, asphyxiation, entrapment, choking, drowning, lead poisoning, strangulation, or other serious injuries that were caused by product defects and malfunctions.

CPSC Attempts to Prevent Injuries to Children with Recalls of Smith + Noble Roman and Roller Shades, Kariño Baby Pacifiers, and Tots in Mind Playards

2010-07-23T05:15:23Z

The Consumer Product Safety Commission has announced several recalls in the past week geared toward preventing serious injuries to children. The most recent one comes today with the recall of approximately 1,160,000 Roman shades and 115,000 roller shades made by Smith + Noble. The shades pose a strangulation hazard that can occur in the event that the child’s neck either gets ensnared in the shade cord or stuck between the Roman shade and the exposed inner cord. So far, there has been just one report of a child, a 5-year-old Washington boy, getting entangled in a roller shade’s unsecured continuous loop bead cord. Fortunately, he did not require medical attention. Shade owners should request a free repair kit.

Just two days before, the CPSC recalled about 44,900 Kariño Baby Pacifiers distributed by Antonio Flores. The pacifier do not meet federal safety standard and poses an aspiration risk and choking hazard to young kids. The pacifier’s mouth guard isn’t large enough and lacks ventilation holes. Also, its handle is too long and the nipple is easy to separate from the base. It is important to take the pacifier away from your child right away and contact Antonio Flores to request your refund.

Last Thursday, the CPSC and Health Canada recalled approximately 20,000 Cozy Indoor Outdoor Portable Playard Tents Plus Cabana Kits. The playard can pose an entrapment and strangulation hazard if the clips attaching the tent to the playard break or come off. At that point, a child in the playard is at risk of becoming entrapped between the tent’s metal base rod and the playard frame. One boy, age 2, died from injuries he sustained in the playard during a Maine entrapment accident. Consumers are being urged to stop using the playard tents and contact Tots in Mind Inc. to request a free replacement kit.

Our child injury lawyers are pleased to hear about the Consumer Product Safety Commission’s increased efforts to clear the marketplace of products that can cause serious injuries to children. That said, there are still a lot of products with defects that continue to place kids’ lives at risk, including poorly designed and manufactured clothing, shades, nursery products, furniture, child safety seats, toys, jewelry, playground rides, chests, and household décor.

Smith+Noble window shades recalled, UPI.com, July 22, 2010

Karino pacifiers recalled due to choking hazard, Bloomberg, BusinessWeek, July 20, 2010

Safety regulators have new urgency over baby products, USA Today, July 21, 2010

Play yard tents recalled after child's death, AP, July 15, 2010

Related Web Resources:
Consumer Product Safety Commission

Child Safety, Consumer Reports

]]> Contact our child products liability law firm today.

Toyota Motor Corp. Subpoenaed Over Steering Rod Defect

2010-07-21T05:55:11Z

With its defect troubles and bad publicity far from over, Toyota Motor Corp. has been subpoenaed by a federal grand jury over possible defects involving its vehicle steering rods. They jury is asking the automaker to provide documents related to the auto defect.

Toyota had recalled 977,839 Toyota Trucks, 4Runners, and Toyota T100s in the US in 2005 because the steering-relay rods were at risk of cracking during certain driving situations. However, the recall did not come until nine months after the automaker not only issued a similar recall in Japan but also, after it told the US government that a US recall was unnecessary.

In May, the National Highway Traffic Safety Administration launched a probe to determine whether Toyota intentionally delayed the recall, which would have been a violation of US law. There also have been reports that the auto manufacturer may have known as early as 2000—based on customer complaints—that the steering rods were causing total or partial vehicle control loss. At least two families are suing Toyota for auto products liability causing the wrongful death of a loved one related to the steering rod defect.

This particular safety issue is just one of several involving Toyota, which has recalled millions of vehicles in the last nine months because of numerous auto defects. If you are someone who is a victim of a car crash that you believe was caused by a Toyota parts defect, our auto products liability law firm would like to offer you a free case evaluation.

In other recent Toyota safety news, the Wall Street Journal recently ran a story reporting that a government probe has found that some drivers may have been at fault in certain Toyota sudden acceleration accidents that are being pinned on the automaker. However, the US Department of Transportation has since issued a statement saying that the NHTSA never provided WSJ with any information about its continuing investigation and no conclusions or data have been released.

Toyota subpoenaed again, this time over faulty steering components, Los Angeles Times, July 20, 2010

Are drivers to blame in Toyota unintended acceleration cases? It may be too early to tell, Consumer Reports, July 20, 2010

Early Tests Pin Toyota Accidents on Drivers, Wall Street Journal, July 13, 2010

Related Web Resources:
Our Values, Toyota

NHTSA

US Department of Transportation

CPSC Votes to Ban Drop-Side Cribs

2010-07-16T00:48:50Z

The Consumer Product Safety Commission has taken action to ban all drop-side cribs. On Wednesday, the federal agency voted unanimously to stop the manufacture, sale, and resale of cribs with drop-sides. Drop-side cribs are at least 32 infant deaths (and possibly another 14 child fatalities) in the past decade alone.

In the last five years alone, more than 9 million drop-side cribs have had to be recalled over crib entrapment, suffocation, and fall hazards caused by defective crib design, mattress support failure, drop-side detachment, poor quality materials, and other safety issues. The new mandatory standards requires that cribs be made with better quality wood, stronger mattress support, and sturdier hardware.

The new mandatory standards will have to go through a final vote but are expected to go into effect in 2011. All cribs sold would have to meet the new standards. Daycare centers and hotels also wouldn’t be able to use drop-side cribs. Drop-side cribs will no longer be accepted by or sold at thrift stores.

Just last month, some 2 million drop-side cribs were recalled, including cribs made by Delta and Evenflo. Yesterday, Pottery Barn Kids recalled 82,000 drop-side cribs because they pose an entrapment danger or a suffocation hazard to young kids. Pottery Barn Kids is a division of Williams-Sonoma, Inc.

A Pottery Barn Kids drop-side crib can be become a suffocation hazard if the drop-side detaches and a space is created that a young child can become entrapped in. Possible drop-side detachment, which can occur from hardware breakage, incorrect assembly, or a malfunctioning crib part, also poses a fall hazard to kids.

All Pottery Barn Kids drop-side cribs are included in the recall. Already, Pottery Barn Kids and CPSC have received 36 reports of drop-sides malfunctioning. Seven minor injuries linked to children getting their legs caught between the drop side and mattress or falling out of the cribs have been reported. One child’s head got caught between the drop side and mattress during a crib entrapment accident.

Government nears new standards for cribs, ban on drop-side cribs, CNN, July 15, 2010

Feds push new ban as Pottery Barn recalls cribs, AP/Google, July 14, 2010

Pottery Barn Kids Recalls to Repair Drop-Side Cribs Due to Entrapment, Suffocation and Fall Hazards, CPSC, July 14, 2010

Related Web Resources:
The Consumer Product Safety Improvement Act of 2008 (PDF)

Dangerous Cribs, Chicago Tribune

]]> It is important to speak with a Child injury attorney if you believe that your son or daughter was killed or suffered serious injuries because of a defective products. Our products liability law firm would like to offer you a free consultation.

$32 Million Defective Tire Judgment Against Goodyear Upheld

2010-07-11T01:28:55Z

The Nevada Supreme Court is upholding the $32.2 million defective tire verdict against Goodyear Tire & Rubber Company in the tire blowout accident that killed three victims and injured seven others. Goodyear had argued that the jury award was excessive. However, the court says that the loss of life and serious injuries justify the amount.

The tragic car accident happened on August 16, 2004 when a tire blew out on a car going from Nevada to Kansas. The vehicle overturned on Interstate 70 close to Moab, Utah. Frank Enriquez, Evangelina Tapia, and Andres Torres died from their injuries and their guardians and relatives sued Goodyear, Ford Motor Company, and Valley View Hitch & Truck Rental for wrongful death. The latter two companies have already settled their cases with the plaintiffs.

Tire Defects
Tire blowouts and tire failure can result in car accidents with catastrophic consequences for those involved. Tire manufacturers know that they must design and make their tires properly because certain flaws can result in tread separation, tire blowouts, single-vehicle crashes, rollover accidents, or multi-vehicle collisions. Installation errors and improper maintenance can also lead to these types of car crashes.

With summer here, our tire defect attorneys want to remind motorists that hotter roads can increase the chances of a tire blowout happening. This can cause injury to the people riding in the vehicle with you, pedestrians, and/or the occupants of other vehicles.

There are steps that you can take to decrease the chances of a tire blowout, including:

• Ensure that your tires are properly inflated
• Slow down when on a highway
• Be gentler than usual with your vehicle when turning corners or on curves
• Replace old or worn out tires
• Watch out for any road debris or defects that can damage your tires

$32 million judgment against Goodyear in fatal crash upheld, Las Vegas Sun, July 2, 2010

Extreme Heat Can Cause Tire Blowouts, Star Tribune, June 27, 2009

Related Web Resources:

Tire Safety Information, NHTSA

Why Tires Fail, AAICar.com

Another Toyota Recall: 270,000 Lexus and Crown Vehicles To Be Repaired Because Of Faulty Engine Valves

2010-07-08T01:33:57Z

More bad news for Toyota. The automaker is now recalling 270,000 more vehicles that were made between July 2005 and August 2008 over defective engine valve springs that could cause an auto that is in motion to stall. 138,000 of the vehicles affected by the recall are in the US.

Recalled autos include Lexus models LS600hL, LS600h, LS460, IS350, GS460, GS450h, and GS350 and Crown models. Officials say that a foreign substance that was introduced during the valve spring manufacturing process caused the defect.

Some 200 complaints naming this defect have been submitted to Toyota. No related car accidents have been reported. Toyota says it will replace the faulty valve springs.

Toyota also just recently recalled 17,000 Lexus luxury hybrids after tests demonstrated that fuel can spill out during a rear-end car crash. A National Traffic Highway Safety Administration contractor conducted the test. Toyota’s own testing did not reveal any spillage, but the automaker says it is recalling the vehicle while it tries to replicate the government’s test findings.

In just 9 months, the automaker has had to recall over 8.5 million autos because of different safety concerns. Plaintiffs have filed over 200 auto products liability lawsuits seeking damages for personal injuries and wrongful deaths.

Physical injuries and deaths are not the only catastrophic damages that may have been sustained by the victims of Toyota’s auto defects. For example, Koua Fong Lee was convicted in 2007 of criminal vehicular homicide in the rear-end Minnesota car crash that killed three people. He was sentenced to an 8-year prison sentence.

The 32-year-old driver always said he tried to prevent the tragic accident by stepping on the brakes of his 1996 Toyota Camry, which accelerated to speeds as high as 91 mph. However, Lee says his vehicle would not stop.

Although the car he was driving is not one of the vehicles that Toyota has recalled to date, Lee is just one of a number of drivers of passengers with 1996 Camrys and other vehicles that haven’t been recalled yet that have said they’ve also experienced Toyota sudden acceleration problems—an auto defect that has led to numerous injuries and death.

Toyota to recall 138,000 Lexus vehicles in US to fix faulty engines that can stall in motion, Los Angeles Times, July 2, 2010

Toyota recalls Lexus hybrid for fuel spills, MSNBC, June 25, 2010

Man who crashed Toyota moves one step closer to new trial, Twin Cities, July 7, 2010

Related Web Resources:
National Highway Traffic Safety Administration

Toyota Motor Corporation

Delta Enterprise, LaJobi, Evenflo, and Jardine Enterprises Among the More than 2 Million Cribs Recalled Over Drop-Side Issues and Other Hazards

2010-06-29T22:52:28Z

The US Consumer Product Safety Commission is recalling more than 2 million cribs because of the hazards they may pose to children. Included in the recall are cribs made by Evenflo, LaJobi, Child Craft, Million Dollar Baby, Jardine Enterprises, Delta Enterprises Corp, and Simmons Juvenile Products Inc. The cribs were made between 2000 and 2009.

To date, no fatalities have been linked to the recalled cribs. However, there are about 250 reports of drop-side detachment and failure incidents, as well as at least 16 child entrapment accidents.

The Recalled Cribs:
750,000 Jenny Lind Cribs by Evenflo: Drop-side hazards can place a toddler at risk of getting hurt or dying from crib entrapment, suffocation, strangulation, or fall accidents. 31 reports cite drop-side malfunctions and detachment, which have resulted in at least 7 injuries.

Approximately 306,000 Bonavita, Babi Italia, and ISSI drop-side cribs: 40 reports of malfunction and detachment incidents have been filed. One child got hurt during a crib fall accident.

40,000 – 50,000 Child Craft "Crib ‘N' Double Bed" stationary-side Cribs and an unknown number of Child Craft drop-side cribs: If the stationary side of the "Crib ‘N' Double Bed" is assembled upside down, a dangerous gap at the top of the crib can be created, placing infants and toddlers at risk of crib entrapment. Four entrapment accidents have been reported. Two of the kids were reportedly in danger of strangulation. The CPSC has received seven reports of drop-side failure that have resulted in one entrapment accident and one fall accident. Child Craft is no longer in operation.

Approximately 156,000 Million Dollar Baby drop-side cribs: There have been 43 reports of drop-side-related incidents, including 8 entrapment accidents and 3 fall accidents.

Approximately 747,000 Delta drop-side cribs and all drop-side and fixed Delta cribs that come with wooden stabilizer bars: If the wooden is installed upside down, a mattress support hazard can be created, which increases the risk of entrapment accidents. 57 drop-side related incidents have been reported. The CPSC knows of 19 stabilizer bar incidents that have caused 10 mattress platform collapses and at least 3 resulting injuries.

All (about 13,000) Jardine Enterprise drop-side cribs: At least 47 drop-side incidents have occurred. One child who became entrapped fell unconscious and was hospitalized. Nine other entrapment accidents have resulted in injuries, including a broken collarbone.

Approximately 50,000 Simmons Easy Side drop-side cribs: CPSC has received reports of 30 drop-side incidents resulting in 2 entrapment accidents and 3 fall accidents.

The companies involved in this latest recall are offering consumers free repair kits to fix the crib defects. Do NOT try to fix these cribs without a kit.

Recent Recalls, CPSC

Feds recall another 2 million drop-side cribs, Chicago Tribune, June 25, 2010

Related Web Resources:
Feds Ending Manufacture of Drop-Side Cribs, CBS News, May 10, 2010

Dangerous Kids, Kids in Danger

]]> As the parents of a child who was injured or died because of a defective crib, it is important that you explore your legal options as soon as possible to determine whether you have grounds for a furniture products liability case against the crib manufacturer, seller, and/or other parties. Contact our Child injury lawyers today and ask for your free consultation.

Child Drowning Accidents: Reminder to Parents and Pool Owners to Take Steps to Prevent Swimming Accidents This Summer

2010-06-27T19:23:10Z

With summer here and drowning accidents continuing to be a leading cause of child deaths, pool owners must make sure that their pools are safe for use. This means ensuring that children at a pool are properly supervised, appropriate safety measures have been implemented, and emergency equipment is easily accessible.

According to recent statistics:
• About 830 children under age 15 die each year from unintentional drowning accidents.
• About 3,600 injuries to kids from near-drownings occur.
• Unfortunately for some of those that are lucky enough to surviving a drowning accident, they will have sustained a serious, permanent traumatic brain injury.
• It takes just 4-6 minutes for a person submerged underwater to suffer irreversible brain damage.
• Approximately three out of every four pool drowning deaths and three out of every five injuries caused by pool submersion occur in home pools.
• Nearly 20% of child drowning deaths take place in public pools where a trained lifeguard was at the scene.

Public and private pool owners can be held liable for injuries to a minor or wrongful death if their negligence contributed to or allowed a swimming accident to happen.

Here are some steps that pool owners can take to make pools safer for kids. Any measures taken will, of course, depend on what kind of pool it is and whether or not the pool is a private pool or a public one:

• Make sure there is trained lifeguard or an adult that knows how to swim on duty.
• Install a barrier around your pool that is at least five feet high to prevent kids from entering the pool (or hot tub) while they are unsupervised.
• Make sure that your pool is installed with the government-mandated and approved anti-entrapment grates.
• Make sure that doors leading to a pool area have latches that are located high enough so that younger kids can’t reach them.
• Keep life preservers and reaching poles in the pool area in the event of an emergency.

Our child injury attorneys represent the families of children who have been hurt or killed in motor vehicle crashes, drowning accidents, playground accidents, or from defective products, including toys, nursery products, furniture, clothing, appliances, and other items because another party was negligent, careless, or reckless.

Drowning threatens kids, Southbend Tribune, June 27, 2010

Drowning Facts, DDS.Ca.Gov, June 2010

Related Web Resources:
Pool/Spa Safety and Drowning Prevention

Pool Safety for Children, American Academy of Pediatrics

Fall Hazard: CPSC Recalls 8,400 Suntech Baby Walkers

2010-06-22T07:04:00Z

The US Consumer Product Safety Commission and Suntech Enterprises are recalling approximately 8,400 baby walkers over a possible fall hazard. The walkers are able to fit through a standard doorway and they don’t have enough stair-fall protection. This means that a toddler can wander into another room on his/her own and may be at risk of falling down the stairs in the walker. It was just last month that the CPSC issued a mandatory rule, effective December 21, 2010, requiring that a walker either be sized too wide to fit through a regular doorway or made with a device that can prevent it from traveling beyond the edge of a step.

Fall Accidents
Kids who are learning to walk often can’t stop moving even though they haven’t quite mastered the art of getting to where they want to go without falling—one of the most common causes of injuries to toddlers. Although walkers are supposed to protect children learning to walk from certain dangers, they can actually cause serious injuries, including traumatic brain injuries and broken bones from fall accidents down steps or in the event that the walker tips over because its wheels got caught in a rug or stumbled over an object on the ground. A toddler can also get seriously hurt during a fall if his/her walker rolls down a curb or into a swimming pool.

Fortunately, federal standards for walkers have evolved even since they were introduced 13 years ago. While the CPSC reports that some 25,700 walker-related injuries to kids under the age of 15 months that required emergency room care occurred in 1992, in 2003, only 3,200 such injuries were reported. However, in April 2007, the American Academy of Pediatrics not only recommended to parents that they stop placing their kids in traditional walkers, but they also suggested that the federal government ban them.

So far, there are no reports of injuries or deaths related to this latest recall. The recalled baby walkers have either the item number WK112 or WK110 on the packaging. Consumers are advised to stop using the walker right away and return the item to the store for a complete refund.

Our child products liability lawyers know how upsetting it can be to discover that the very device that you purchased to keep your child safe is actually the cause of their injury or death.

Recall: 8,400 baby walkers, Chicago Tribune, June 22, 2010

Baby walkers, Consumer Reports, April 2007

Related Web Resources:
CPSC Issues Final Mandatory Rule on Infant Baby Walkers, CPSC, May 27, 2010

Read the CPSC Commissioner's Statement (PDF)

Baby Walkers: A Dangerous Choice, Healthy Children

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