Product Liability Law Blog

General Motors announced today that it is recalling approximately 1.5 million autos because of a problem with the heated windshield wiper system that poses a possible fire hazard. The recall affects the following vehicles:

(2006 – 2009 models)
Buick Lucerne
Hummer H2
Cadillac DTS

(2008, 2009 models)
Buick Enclave
Cadillac CTS

(2007-2009 models)
Escalade ESV
Cadillac Escalade
Escalade EXT
Silverado
Tahoe
Chevrolet Avalanche
Suburban
Sierra
GMC Acadia
Yukon XL
Yukon
Saturn Outlook

(2009 model)
Chevrolet Traverse

GM says it knows of about five fires that have broken out because of the auto defect but that there are no reports of related car crash injuries or deaths.

This recall comes on the heels of Chrysler’s recall on Monday of nearly 600,000 Jeep Wranglers (2006 – 2010 models) and Dodge Grand Caravan and Chrysler Town and Country (2008 and 2009 models) minivans. While the Jeeps may have a problem with the front inner fender liners, which can cause the brake fluid to leak, this can result in partial brake loss. Meantime, the Chrysler minivans have wiring that, due to their improper placement, could cause a fire inside to break out inside the sliding doors. Chrysler’s latest recall is separate from its recall last week of 71 Jeep Compasses and 35,000 Dodge Calibers over a sticky gas pedal defect.

GM to recall about 1.5 million vehicles because of fire hazard, Los Angeles Times, June 9, 2010

GM windshield wiper recall affects 1.5 million vehicles, USA Today, June 9, 2010

Chrysler to Recall More Than 683,000 Vehicles, Wall Street Journal, June 8, 2010

Related Web Resources:
Safercar.gov

General Motors

Continue reading "Auto Defects: Fire Hazards Prompt General Motors and Chrysler to Recall Vehicles" »

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Posted In: Auto Recalls , Automotive Product Liability , Brake Defects , Fires , Gas Pedals

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

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

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

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

- Stuart Ollanik

Related posts:

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

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

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Posted In: Automotive Product Liability , Brake Defects , Floor Mats , Gas Pedals , Toyota Safety Issues

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

• Exponent has helped defend notoriously defective products for decades. While it jealously guards information about its benefactors, it has been forced to admit in lawsuits that it has been paid tens of millions of dollars by car companies alone. It likewise regularly defends polluters against claims their contaminants were injuring people.

• It reportedly awards its employees based on "success" defined as helping win lawsuits.

• It was hired to investigate Toyota speed control issues not by concerned engineers and managers, but by Toyota’s product defect defense lawyers. This will arguably allow Toyota to selectively disclose what it turns over to government investigators, and to hide anything it deems unhelpful by labeling it attorney work product.

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

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

- Stuart Ollanik

Related posting:

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

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Posted In: Automotive Product Liability , Brake Defects , Floor Mats , Gas Pedals , Toyota Safety Issues

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More than six months after the runaway Toyota car crash that claimed the life of off-duty California Highway Patrol Officer Mark Saylor, his wife, daughter, and brother-in law, their relatives are suing Toyota Motor Corp for California auto products liability. The tragic Lexus acceleration accident, caused by a an ill-fitting floor mat and the gas pedal that got entangled in it, prevented Saylor from being able to stop the car and prompted the first Toyota recall over floor mats and gas pedals.

Now, more than 8.5 million Toyota vehicles have been recalled over floor mats, sticking gas pedals, and other accelerator problems. Although the automaker has apologized for these defects that resulted in many cars becoming a possible accident hazard to millions of motorists, for many runaway Toyota and Lexus accident victims, the repairs and apology come too late.

In addition to naming Toyota as a defendant, the California auto products liability lawsuit, filed by the parents of Saylor and his wife, is suing the auto manufacturer’s US division, other corporate entities, and the Lexus dealership that loaned the vehicle to Saylor while his car was undergoing service. According to the accident report, another driver who had borrowed the same vehicle from the dealer a few days before the tragic auto accident complained to the receptionist that the Lexus had accelerated out of control when the gas pedal got stuck in the floor mat. Fortunately, he was able to free the accelerator when he put the gear shift in neutral.

Meantime, other victims and surviving family members are filing their Toyota auto products liability lawsuits. Just last week, Daniel and Nancy Murtha filed a New York wrongful death complaint against Toyota Motor Corp. The Murtha’s lost their 5-year-old son Jacob, after he sustained traumatic injuries during a Lexus acceleration accident on July 29, 2008. Nancy, who was driving the vehicle, says that when she stepped on the brakes, the car wouldn’t stop. Instead, the Lexus accelerated out of control and crashed into a rock wall. She fell into a coma, sustained neck, knee, hip, and lower back injuries, and lost part of her intestines and her spleen during the single-vehicle crash.

The Murtha’s complaint contends that even though Toyota knew for years that a number of vehicles were at risk of sudden, unintended acceleration, the automaker failed to install a brake-to-idle override system that would let motorists regain control of their vehicles.

Westchester County, New York Parents File Suit Against Toyota for Death of Their Five-Year-Old Son in Lexus Sudden Acceleration Incident, MarketWatch, March 18, 2010

Toyota sued over deaths in key California crash, Reuters, March 4, 2010

Related Web Resources:
Toyota Motor Corp.

Toyota was asked in 2007 to consider installing software to prevent sudden acceleration, Los Angeles Times, March 14, 2010

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Posted In: Automotive Product Liability , Brake Defects , California , Floor Mats , New York , States , Toyota Safety Issues , Wrongful Death

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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

Continue reading "Toyota Acceleration Defects Now Allegedly Linked to 34 Car Accident Deaths" »

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Posted In: Auto Recalls , Brake Defects , Gas Pedals , Toyota Safety Issues

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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

Continue reading "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" »

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Posted In: Air Bags , Auto Recalls , Brake Defects , Toyota Safety Issues , WIndows

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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

Continue reading "Toyota Prius is at Center of More than 100 Brake Complaints " »

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Posted In: Automotive Product Liability , Brake Defects , Floor Mats , Gas Pedals , Toyota Safety Issues

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