Seat belts can save your life if they work. 90,000 2008 Toyota Highlanders and Toyota Highlander hybrids are being recalled due to the fact that the seat belts' locking mechanisms failing.
The locking mechanism on the seat belts apparently cannot secure properly when certain rear-facing child safety seats are used, which could cause the child seats to move, the National Highway Traffic Safety Administration reported on Friday. Read More
If you have been affected by a seat belt failure or any other mechanism defect, please report it the NHTSA. If our law firm can be of any assistance please do not hesitate to contact us.
The Office of Defect Investigation (ODI) at the National Highway Traffic Safety Administration (NHTSA) is looking into a report that a Toyota Sienna accelerated without explanation.
According to the report,
Safety regulators said that field data “indicates that when a retainer pin is missing from the driver's side center stack/console trim panel, the panel can detach from the console and the accelerator pedal can become entrapped under the trim panel causing unwanted acceleration.”
The ODI is launching this investigation to determine if more vehicles are affected. It is so vital that consumer report such defects and problems to the ODI so investigations such as this may be conducted. Read the story
Baby carriers are a wonderful thing for parents most of the time. However, Beco Baby Butterfly has recalled some oft heir baby carriers due to a failure of the buckles.
WASHINGTON, D.C. - The U.S. Consumer Product Safety Commission, in cooperation with the firm named below, today announced a voluntary recall of the following consumer product. Consumers should stop using recalled products immediately unless otherwise instructed.
Name of Product: Beco Baby Butterfly Carriers
Units: About 2,000
Manufacturer: Beco Baby Carrier Inc., of Newport Beach, Calif.
Hazard: The buckles on the carrier shoulder straps can unexpectedly release tension, causing the strap to slip through, posing a fall hazard to the baby.
Incidents/Injuries: Beco has received eight reports of the carrier straps slipping through the shoulder buckles. No injuries have been reported.
Description: The recalled infant carriers were sold under brand name “Beco Baby Carrier Butterfly.” The carriers have a black label with a green “b” logo on the left side and a butterfly on the right side. The label is sewn on the outside of the carrier. The following carrier styles are included in the recall: Mia, Pony Express, Carnival, Addison, Ethan, Sophia, Cameron, Ava and Joshua.
Sold at: Specialty retail stores nationwide and internet sites from January 2008 through February 2008 for about $140.
Manufactured in: USA and Dominican Republic
Remedy: Consumers should immediately stop using the carriers and contact Beco Baby Carrier to receive instructions for returning the carriers for repair.
Consumer Contact: Consumers should contact Beco Baby Carrier Inc. toll-free at (888) 943-8232/9-GET-BECO between 10 a.m. and 4 p.m. PT Monday through Friday, or visit the firm’s Web site at www.becobabycarrier.com
One of the obstacles victims of rollover accidents face is the stereotype that rollovers are inherently dangerous. This isn't usually, and certainly not always, the case. Rollovers tend to be very survivable, especially when compared to a high speed side impact collision or a head on collision. The forces at play are dissipated along several axes in a rollover, whereas in side impact and head on collisions, the forces tend to operate in straight lines and along one axis.
Not to say rollovers aren't deadly. There are approximately 10,000 deaths in the US alone per year due to rollovers. Most of these are single vehicle accidents. Roof crush and occupant ejection are the single biggest factors in these fatalities.
Occupant ejection is minimized by the use of safety belts equipped with pretensioners (these devices were first introduced in 1981). When searching for a new vehicle, especially an SUV or light truck, make sure to ask if its seat belts are equipped with pretensioners as these will decrease the likelihood of occupant ejection in a rollover event.
Roof crush, on the other hand, is not so easily fixed. Maintaining occupant survival space is the first goal of successful engineering, yet too many of today's SUVs do a lousy job of this. Look at this example of a simulated Ford Explorer rollover. They will roll it twice, not unlike what would happen if the vehicle rolled at highway speeds. Make sure you watch the full video. On the first roll, you'll see the passenger side leads, and maintains its survival space, while the driver's side already shows sign of deadly intrusion. On the second roll, you'll see there is no survival space left on the driver's side.
There is no way the driver walks away from this. On the flip, we'll show you another test where a rollover seems hardly violent at all.
The CPSC put out a safety alert on the harmful results form ingesting magnets. Through our child safety litigation work, we have learned of the many hazards of magnetic toys. Magnets, not just those found in toys, can be a real danger. Read the safety alert here.
Brooks Pierce LLP has launched the NC Business Litigation Report, a blog by Mack Sperling, Esq. It appears to be a daily grind of NC Business Court decisions. Highly recommended and worth the bookmark.
Interesting story posted on a case in the business court with the decision coming down last month. You can find it here.
The part I find particularly compelling is the court's description of "mediating in good faith." Failing to provide accurate information about the policy limits in a mediation, according to the Court in Harco, would mean "not mediating in good faith." The impact of that, while not known at present, could be far-reaching.
There are several other decisions reported in the blog already that are very interesting and well documented. Congrats to Mack and Brooks Pierce on the new blog!
Ford has recently lost a lawsuit in New York. This case gives value to the argument that the roof standards in our vehicles need to be reexamined. And more importantly manufacturers must ensure that they selling a product that is within the standard. In addition, this case raises yet another defect that we have been seeing lately in various cars: cruise control issues. Ed Bell and his law firm in Georgetown, SC represented plaintiffs in this action on liability. We congratulate Ed and his team and hope this verdict sends a message to Ford: safety is job one.
Ford must pay $6.5 million to the family of a 60-year-old man who died in a 2000 rollover accident involving an Explorer, a New York jury said Thursday.
The family of Steven Motelson claimed a cruise-control defect caused him to lose control of the Explorer and that an inadequate roof failed to protect him in the subsequent rollover.
There has been yet another car recall because of a threat of fire. This time it involves GM Buick Regals and Pontiacs.
WASHINGTON, D.C. — General Motors has recalled 207,542 1997-2003 Buick Regal GS and Pontiac Grand Prix GTP models with 3.8-liter supercharged V6 engines over a risk that they could catch fire. The recall includes a strong warning not to park the vehicles "in a garage, carport or other structure" to avoid the risk of fire.
"Certain underhood fires may be caused by drops of engine oil being deposited on the exhaust manifold through hard braking," says the National Highway Traffic Safety Administration (NHTSA) in the recalls summary on its Web site. "If the manifold is hot enough and the oil runs below the heat shield, it may ignite into a small flame and, in some instances, spread to the plastic spark plug wire channel." Other documentation adds that "most cases have occurred five to 10 minutes after the vehicle has been turned off."
The NHTSA reports that the problem has caused 267 fires to date and six injuries, five of which are minor. There are no fatalities associated with the problem. Read more
Due to the crashworthiness and products liability focuses at our law firm, we unfortunately hear about deaths caused by rollovers quite often and even more often deaths caused by SUV rollovers. The grief a family mist endure is heart wrenching. However, once in awhile we hear about or read about someone taking such a tragedy and doing something to move forward in a positive way. These stories provide a sense of hope and also keep the focus on working towards tougher safety in vehicles.
After everything that he has been through, Lee Wagner has decided to go for a walk.
Not a routine stroll, but a 380-mile journey on a surgically repaired knee in an effort to raise money for the scholarship fund that bears the names of his two children.
The walk will take him through Georgia and both Carolinas. As he walks, he will share his story, his wife Debbie Wagner’s story and most importantly, the story of their beloved children, Jillian and "Little" Lee Wagner, with anyone who cares to join him for a mile or two along the way.
Lee Wagner will walk because he wants to raise awareness about traffic accidents and SUVs. He will walk because people grieve in different ways. He will walk because after four long years, “The pain is still fresh,” as he continues to search for moments of peace. Read the entire article
Our children and their safety is something about which we care deeply. That is why our law firm involves itself in various types of litigation involving child safety. Awhile back we were touched by a video we saw on youtube about a young boy, Kyle David Miller (see here). He unfortunately was killed in a car crash. He was not in a five point harness, but rather a booster seat which utilized the car's seat belt. When we personally saw the video, our family was driven to find a booster seat for our children that had a five point harness. We realized that the booster seat we were using, which used our car's seat belt, was not securing our children the way they needed. We have since learned that there has been a foundation set up in memory of Kyle which collects money in order to buy 5 point harness seats for children up to 80 lbs. who otherwise would not have access to them. Check out the video and website to learn more about the foundation.
