North Carolina Product Liability Lawyer & Attorney : D. Hardison Wood : Toy Safety, Child Restraint, Car Seats

Tech International, a distributor based in Ohio, has announced that it is recalling 6 million tire valves. These tire valves were manufactured by China based, Shanghai Baolong Industries Co. The recall notice stated that stems could crack and cause a gradual reduction in tire pressure. Of course it is very difficult to figure out who has these types of valves on their tires.

"Tech International does not know the identity of any end-users of the TR413 valves and has no realistic method of determining the identity of such individuals. Furthermore, there is no realistic method for Tech International to identify the production dates of any specific TR413 valves," the company said in its letter to NHTSA.

There is a push for people to inspect their tires, valves for any cracks, and to check the tire  pressure.

  "Air loss at highway speeds may result in a tire failure and loss-of-control crash," said Sean Kane, president of Safety Research and Strategies.

Read the entire article found in the Detroit News.

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Below are a few  safety defect and non compliance notices received in the month of May 2008. The entire report may be accessed here.

False Park:
    GM IS RECALLING 26 MY 2008 SATURN VUE VEHICLES EQUIPPED WITH A 6T70 6-SPEED AUTOMATIC TRANSMISSION. SOME OF THESE VEHICLES HAVE A CONDITION IN WHICH THE TRANSMISSION CASE SIDE BORE THAT HOLDS THE PARK PAWL PIVOT PIN MAY HAVE A CASTING POROSITY. THIS CONDITION, COUPLED WITH NORMAL OPERATING STRESSES, COULD LEAD TO FAILURE, ELIMINATING THE ABILITY TO SECURE THE TRANSMISSION IN 'PARK' POSITION.

Brake Failure:
    CHRYSLER IS RECALLING 1,585 MY 2007-2008 JEEP WRANGLER, RIGHT HAND DRIVE ONLY, VEHICLES. SOME VEHICLES MAY HAVE INSUFFICIENT CLEARANCE BETWEEN THE STEERING INTERMEDIATE SHAFT AND REAR BRAKE TUBES. Consequence:
PROLONGED BRAKE TUBE CONTACT COULD WEAR A HOLE IN THE TUBE AND CAUSE A PARTIAL BRAKE SYSTEM LOSS. THIS COULD CAUSE A CRASH WITHOUT WARNING.

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I was recently watching a television segment on the news regarding pool and spa drains. The story discussed how children can become entrapped in the drains, causing their intestines to essentially be sucked out due to the force of the drains. It is absolutely shocking the enormous injuries these old-styled drains can cause and the enormous strength they have.

Tje CPSC released a report and statement on May 21, 2008.

A new federal pool and spa safety law was signed by the President on December 19, 2007. The Virginia Graeme Baker Pool and Spa Safety Act requires that by December 19, 2008, all public pools and spas have safety drain covers, and in certain circumstances, an anti-entrapment system. The goal of the law is to improve the safety of all pools and spas by increasing the use of layers of protection and promoting uninterrupted supervision to prevent child drownings and entrapments.

The entire report may be read here.

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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.

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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

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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.

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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.

Read the Article

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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

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Ford has issued a recall involving 2005-2008 Mustangs due to air bag non complaince issue.

Make / Models :		Model/Build Years:
FORD / MUSTANG		2005-2008
Recall Number:	08V082000
Summary:
FORD IS RECALLING 434,593 MY 2008 MUSTANG VEHICLES FOR FAILING TO COMPLY WITH ONE OF THE NECK INJURY REQUIREMENTS OF FEDERAL MOTOR VEHICLE SAFETY STANDARD NO. 208, "OCCUPANT CRASH PROTECTION," FOR AN UNBELTED 5TH PERCENTILE FEMALE SITTING IN THE PASSENGER SEAT WHILE IT IS IN THE FULL FORWARD POSITION.
Consequence:
DURING AN AIR BAG DEPLOYMENT, IF A SMALL FEMALE IN THE FRONT PASSENGER SEAT IS NOT WEARING THE SAFETY BELT, AND HAS THE SEAT IN THE FULL FORWARD POSITION, THERE MAY BE AN INCREASED POTENTIAL FOR A NECK INJURY.
Remedy:
DEALERS WILL REPROGRAM THE RESTRAINT CONTROL MODULE FREE OF CHARGE. THE RECALL IS EXPECTED TO BEGIN ON OR ABOUT FEBRUARY 28, 2008. OWNERS MAY CONTACT FORD AT 1-866-436-7332 OR THROUGH EMAIL TO WWW.OWNERCONNECTION.COM.
Notes:
FORD RECALL NO. 08C02. CUSTOMERS MAY ALSO CONTACT THE NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION¿S VEHICLE SAFETY HOTLINE AT 1-888-327-4236 (TTY 1-800-424-9153), OR GO TO HTTP://WWW.SAFERCAR.GOV.

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If you have a Ford please take note. The National Highway Safety Administration announced certain Ford vehicles pose a fire risk due to malfunctioning cruise controls.

WASHINGTON -- The National Highway Safety Administration today urged owners of more than 4 million unrepaired Ford Motor Co. vehicles that are at risk of fire because of a defective cruise control deactivation switch to "immediately" get it fixed.

The Detroit News reported Monday that Ford won't have an adequate supply of parts to repair trucks and vans until June.

Ford has urged owners to take vehicles into dealerships to get their cruise control deactivated as an interim fix until it has enough parts on hand to fix the cruise control.

Ford expanded its recall by 3.6 million vehicles last August, but NHTSA has continued to receive complaints of fires -- about 60 since then.

In a statement, NHTSA said: "Many dealers will perform this as a 'drive through' service so owners do not have to leave their vehicles at the dealership or schedule an appointment in advance. Failure to have the switch disconnected could lead to a vehicle fire at any time, whether or not the key is in the ignition, and whether or not owners use the cruise control system. The safety agency said the fire danger is present regardless of the age of the vehicle, and could even occur while the vehicle is parked and unattended."

Ford has had seven separate recalls since 1999 of a total of 9.6 million vehicles, including 220,000 vehicles re-recalled earlier this month.

Combined, the campaigns represent one of the largest recalls in U.S. history.

The $21 Texas Instruments switches were installed in 16 million Ford vehicles over a decade before the automaker stopped using them in 2002.

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We have been hearing about and have been contacted about  car fires. Now it appears the government is investigating fires in certain GM SUVs.

The government is investigating reports of engine fires in General Motors’ full-size sport utility vehicles. The National Highway Traffic Safety Administration says it has received two reports of fires on 2007 model year Chevrolet Tahoe SUVs.
Both reports allege that the vehicles were parked in a home garage with the engine shut off when the fires occurred, causing significant property damage.
The investigation, which also includes the 2007 GMC Yukon SUV, involves about 423,000 SUVs. Read the article

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Nissan announced a recall involving the air bag component. If you believe your vehicle might be affected by the recall  make sure to contact your auto dealership. This recall involves the potential for an airbag to fail to deploy when involved in a crash.

Make / Models :         Model/Build Years:          INFINITI / EX35     2008      NISSAN / MURANO     2009 Manufacturer : NISSAN NORTH AMERICA, INC. Mfr's Report Date : FEB 12, 2008 NHTSA CAMPAIGN ID Number : 08V066000 N/A NHTSA Action Number: N/A

Component: AIR BAGS

Potential Number Of Units Affected : 16365

Summary: NISSAN IS RECALLING 16,365 MY 2008 INFINITI EX35 AND MY 2009 NISSAN MURANO VEHICLES. DUE TO INCORRECT SOFTWARE PROGRAMMING, THE AIR BAG CONTROL UNIT (ACU) MAY CAUSE THE PASSENGER AIR BAG NOT TO OPERATE AS DESIGNED IF THE VEHICLE BATTERY BECOMES SIGNIFICANTLY DISCHARGED.

Consequence: THIS COULD RESULT IN THE PASSENGER AIR BAG NOT INFLATING IN A CRASH IN WHICH IT WAS DESIGNED TO DO SO, AND INCREASING THE RISK OF INJURY.

Remedy: DEALERS WILL REPROGRAM THE ACU IN AFFECTED VEHICLES. THE RECALL IS EXPECTED TO BEGIN DURING FEBRUARY 2008. OWNERS MAY CONTACT INFINITI AT 1-800-662-6200 OR NISSAN AT 1-800-647-7261.

Notes: CUSTOMERS MAY ALSO CONTACT THE NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION'S VEHICLE SAFETY HOTLINE AT 1-888-327-4236 (TTY 1-800-424-9153), OR GO TO HTTP://WWW.SAFERCAR.GOV.

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Something we may not link commonly link together are upholstered furniture and home fires. However, home fires involving upholstered furniture can spread more quickly. The CPSC took action on this very fact and issued the following statement:

WASHINGTON, D.C. - The U.S. Consumer Product Safety Commission (CPSC) voted unanimously (2-0) to issue a notice of proposed rulemaking (NPR) on a new mandatory standard to address residential upholstered furniture fires.

The goal of the proposed standard is to prevent ignition or slow the spread and intensity of upholstered furniture fires. These fires cost the U.S. about $1.6 billion each year. CPSC staff estimates the proposed standard, once fully effective, would prevent an estimated 100 deaths and 130 injuries every year.

“Fires involving upholstered furniture are a leading cause of fire-related deaths in U.S. homes,” said CPSC Acting Chairman Nancy Nord. “Stopping a furniture fire in its tracks or slowing its spread would buy consumers precious time to get out of their homes.”

Under the proposal, manufacturers could meet the performance standard by using smolder-resistant cover fabrics or interior fire resistant barriers to protect the furniture’s internal filling material which is the primary fuel in an upholstered furniture fire.

The CPSC’s objective is to reduce the fire risk in upholstered furniture without requiring the use of fire retardant chemicals. Manufacturers will not be required to use chemicals to meet the proposed standard. In its environmental assessment, CPSC staff projects most manufacturers and importers would likely choose options that do not involve fire- retardants in fabrics or filling materials.

“CPSC is now on track to develop a mandatory safety rule that will save lives and protect consumers,” added Acting Chairman Nord.

An NPR is the second step in the agency’s three step rulemaking process.

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Stamina Products are paying a civil penalty for  failing to report product defects with the mini  trampoline.  The following is the  release by the CPSC:

WASHINGTON, D.C. - The U.S. Consumer Product Safety Commission (CPSC) announced today that a Missouri-based manufacturer of trampolines has agreed to pay the government a $105,000 civil penalty. The penalty settles allegations that Stamina Products, of Springfield, Mo., failed to report in a timely manner injuries from defective mini-trampolines. In April 2006, CPSC and Stamina Products announced the recall of about 668,000 mini-trampolines.

Between April 2002 and June 2005, Stamina Products received eight reports from consumers who alleged that the trampoline sprang back during the folding/unfolding process causing facial lacerations that required stitches, broken teeth, bruises, headaches, neck pain, broken facial bones, loss of mouth sensation, and blurred vision. Stamina Products failed to report these incidents to the CPSC in a timely manner. CPSC was finally informed of the incidents in July 2005.

Federal law requires firms to report to CPSC within 24 hours after obtaining information that a product contains a defect which could create a substantial product hazard, or creates an unreasonable risk of serious injury or death.

In agreeing to settle the matter, Stamina Products denies that it violated federal law.

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Cranium board games have been recalled due to excessive lead paint in the die of certain lot numbers. The notice follows below. A note, this games is sold at  some  specialty children's  stores such  as Learning Express  in addition  to  the the  stores  listed in the  notice.

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: Cranium Cadoo Board Games

Units: About 38,000

Importer: Cranium Inc., of Seattle, Wash.

Hazard: The surface paint on the die contains excessive levels of lead, violating the federal lead paint standard.

Incidents/Injuries: None reported.

Description: Only the die found in Cranium Cadoo board games with lot numbers 2007195 through 2007244 are included in the recall. The Cranium Cadoo game is packaged in a square cardboard box with an orange background. The seven digit lot number is printed under the plastic tray on the bottom half of the box.

Sold at: Fred Meyer, Kmart, Shopko, Wal-Mart and specialty game stores nationwide between October 2007 through January 2008 for about $20.

Manufactured in: China

Remedy: Consumers should immediately dispose of the die and contact Cranium Inc. to receive a free replacement die.

Consumer Contact: For additional information, contact Cranium Inc. at (877) 272- 6486 between 6 a.m. and 6 p.m. PT, Monday through Friday or visit the firm’s Web site at www.cranium.com

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Over 2007 the list of  recalls seemed to be  endless, especially the   last  half  of  the  year with the numerous  recalls  involving children's products and  toys. We deal with unsafe products in our  products liability practice constantly. But we too, as a firm, look to  the CPSC to be a monitor for products and issue recalls when they are  proven to be  defective or unsafe. Here is there report for 2007  describe the commission and its structure.

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HSN agreed to pay a civil penalty for failing to  report serious injuries and hazards, as is required by federal law.

WASHINGTON, D.C. - The U.S. Consumer Product Safety Commission (CPSC) announced today that HSN LP (previously known as Home Shopping Network), of St. Petersburg, Fla., has agreed (pdf) to pay a civil penalty of $875,000. The civil penalty settles allegations that HSN LP failed to report in a timely manner, as required by federal law, serious injuries and hazards with the Welbilt Electronic Pressure Cookers.

CPSC alleged that from September 2001 through about October 2004, HSN received at least 25 reports from consumers indicating that the pressure cookers contained a defect that could create a substantial product hazard or that the pressure cookers created an unreasonable risk of serious injury. CPSC alleged that HSN failed to immediately report this information as required by federal law. HSN LP finally reported information to CPSC in February 2005. In June and October 2005, these pressure cookers were the subject of a recall.

Under the Consumer Product Safety Act, manufacturers, distributors and retailers are required to immediately report to CPSC information about products that could create a substantial risk of injury to the public or that create an unreasonable risk of serious injury or death.

In agreeing to settle this matter, HSN denied CPSC’s allegations that it violated the CPSA.

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According to a new report published from new crash  tests conducted by the insurance industry, low speed collisions involving minivans could  prove to be costly to  repair.

Repairing damages to minivans involved in low-speed crashes of 3 to 6 miles per hour could range from $483 to more than $3,500, according to test results released Thursday by the Insurance Institute for Highway Safety.

The Nissan Quest had the most expensive bill for the minivans, costing $3,549 for a low-speed crash to the rear bumper. In the four tests, the Quest tallied $8,102 in combined damages.

The Dodge Grand Caravan had the lowest costs in one of the four tests, $483 for damage to the rear corner of the minivan. In all four tests, the Grand Caravan had a combined $5,495 in damages.

The Honda Odyssey had the lowest combined repair costs of $5,258 in the four tests. The Toyota Sienna cost $5,726 in repairs for all the tests, while the Chevrolet Uplander had $5,799 in expenses. The tests estimated $6,525 in damages to the Kia Sedona.

Tailgates on five of the six minivans -- except the Uplander -- had damage in the rear full-width test. Only the Quest and the Sienna required the tailgate to be replaced.

Read  more

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We are currently investigating Nissan recalls involving 2005 and 2006 production years for the Altima and Sentra models. This recall is obviously very interesting.

TOKYO, Nov 22, 2007; Chang-Ran Kim writing for Reuters reported that Japan's Nissan Motor Co said on Thursday it will recall 713,986 Altima and Sentra cars in North America, mostly in the United States, because their engines may suddenly stop running.

Affected models are 2002 and 2005-2006 Altimas and Sentras with 2.5-litre engines. The crankshaft position sensor can overheat and briefly stop sending signals, possibly causing the engine to stop.

Nissan filed a recall of 622,634 Altimas and 28,373 Sentras in the United States, a spokeswoman in Tokyo said. The rest were sold in Canada and Mexico.

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On Friday, almost 600,000 Dodge vans and trucks were recalled due to the cars shifting out of park without the  key in  the ignition. As the  following report states - use the parking brake at all times.

WASHINGTON (AP) -- -- Chrysler said Friday it is recalling nearly 600,000 Dodge trucks and vans to address concerns that the vehicles could shift out of park without the key in the ignition.

The recall affects 576,417 2001-2002 Dodge Dakota trucks, Dodge Durango sport utility vehicles and Dodge Ram vans and the 2002 Dodge Ram pickup. In some cases, long-term wear on the gearshift assembly could erode the height of the shift blocker, creating the potential for the vehicle to shift out of park.

Chrysler spokesman Max Gates said there have been nine incidents involving injuries connected to the issue. No fatalities have been reported, he said in an e-mail.

Owners will be notified beginning in January 2008 and dealers will replace the gearshift blocker and bracket assembly.

In the interim, vehicle owners are advised to use the parking brake at all times when the vehicle is not in use, Gates said.

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Changes to the motorcycle helmet law go into  effect on  January 1, 2008 in North Carolina which offer better specification on the type of helmet that a motorcyclist should  wear.

The new law also clarifies that the helmet must be properly secured on the head using a strap so that it will stay on in the event of a crash.

Motorcycle helmets are considered legally compliant if they meet Federal Motor Vehicle Safety Standard (FMVSS) 218, which requires helmets to have a firm inner liner of polystyrene foam that is about one-inch thick.

Compliant motorcycle safety helmets will also carry the symbol “DOT,” for U.S. Department of Transportation, permanently installed by the manufacturer on the back of the helmet, as well as a permanently attached manufacturer’s label on the interior of the helmet. Novelty-type helmets are not compliant with FMVSS-218.
To identify helmets that are compliant with FMVSS-218, motorcyclists can visit the following page for  more  information.

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Like most parents of a newborn, we had a boppy pillow.  They are wonderful and very helpful to nursing mothers.  One would think the idea of pillow covers was great...seems more hygienic...you can wash  them just as you do a regular pillow cover...but wait...some have been recalled!

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: Boppy® Slipcovers

Units: About 38,000

Importer: The Boppy Company, of Golden, Colo.

Hazard: The zipper pull on the slipcovers can break, posing a choking hazard to young children. In addition, paint on the zippers contains excess levels of lead, which violates the federal lead paint standard.

Incidents/Injuries: None reported.

Description: This recall involves velvet and boa slipcovers intended for use with the Boppy® Bare Naked nursing and support pillow.

Slipcovers recalled due to a choking hazard were sold in three color combinations and have the following UPC and date codes found on the California Flammability Law tag. Slipcovers sold in clear vinyl packages are labeled Boppy® Luxe.

Color Combination	UPC Code	Date Code
Blue/Green Velvet	769662 30802 1	05/2006 and 06/2006
Pink/ Orange Velvet	769662 30801 4	05/2006 and 06/2006
Pastel Blue Velvet	769662 30705 5	05/2006

Slipcovers recalled due excessive levels of lead paint were sold in four colors and have the following UPC and date codes found on the care instructions label and on the exterior of the packaging. Slipcovers sold in display boxes are labeled Boppy® Soothing.

Color	UPC Code	Date Code
Pastel Blue “Boa”	769662 32544 8	07030
Bright Pink Velvet	769662 32542 4	07030
Navy Blue Velvet	769662 32542 4	07030
Sage Green Velvet	769662 32709 1	07030

Sold at: Slipcovers recalled due to choking hazard were sold at discount department stores nationwide from July 2006 through September 2007 for about $16. Slipcovers recalled due to lead paint were sold at discount department stores nationwide from February 2007 through September 2007 for between $15 and $17.

Manufactured in: China

Remedy: Consumers should stop using these products immediately and contact The Boppy Company for a free replacement product.

Consumer Contact: For information on identifying and/or exchanging the recalled slipcovers, call The Boppy Company at (888) 713-3916 anytime or visit the

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Football players...a  recall involving helmet straps has been issued.  If you are using this product please take notice!

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: Football Helmet Chin Straps

Units: About 235,000

Manufacturer: Nike Inc., of Beaverton, Ore.

Hazard: The chin strap’s plastic cup can break as a result of contact, exposing the player to facial or head injuries.

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Here we are  again discussing the numerous toy recalls and child items that have occurred over the past few  weeks.  The Family Dollar Store recalled Halloween pails due to  unsafe levels of lead paint. Jo-Ann stores recalled children's toy garden tools also due to the  unsafe levels of lead paint. Fisher Price  has now added the Go Diego Go boats to their recall list, again  due to the  unsafe levels of lead paint.  Dollar Tree stores recalled children's jewelry for....yes....lead paint hazards. Good grief...with the number of children's items that have been placed in the marketplace and have needed to be recalled due  to safety issues... it is just a  matter of time before we start to really  learn the number of children  affected whether through actual toy litigation or other means. But something  needs to be done.  It is nearly impossible to buy a child a toy without worrying if somehow the product you just purchased contains unsafe levels of lead, or  to fear that somehow it was a toy that was actually included in the recall but happened to somehow  miss being pulled from the shelf for some reason.  It is a terrible feeling as a parent to constantly  be  unsure if what you are giving your child could in fact hurt them. Brands that were once "trusted" aren't any longer. It is truly unnerving.

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This morning  on the  news I heard about home lead tests not working.  According to  the news report these tests were made so people could conduct their own lead tests at home to help determine if unsafe lead levels were present. However, the report indicated that these products do not  work  properly.  This comes after  all the  numerous reports about unsafe lead amounts in  everything from  children's toys to  lipstick. The US Products Safety Commission  has  a website containing links with information, regulations and  guidance about lead in  consumer products. 

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There have been a number of cases where there has been unexplained acceleration when the drivers have said they had hit the brakes.  

A nationwide investigation by the Channel 4 I-team found complaints about the 2007 Toyota Tacoma that included mysterious acceleration even when drivers said they hit the brakes.

Channel 4 found a growing number of drivers who have had problems with the vehicle, which has prompted the National Highway Traffic Safety Administration to start conducting tests on the model.

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From toys to cups....
The US Consumer Product  Safety Commission  issued  a  press release today involving children's plastic cups form Starbucks.

Hazard: If the cup is dropped, the colorful face on the cup can break off and leave small parts or sharp exposed edges that can pose a choking or laceration hazard to young children.

Incidents/Injuries: Starbucks has received seven reports of the cups breaking, including two reports in which a child began to choke on a broken piece. No injuries have been reported.

Read the  whole release here. 

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It sounds  like something  out of a scary movie where the toaster is possessed, turns on  by itself and the house catches on fire.  Well, it seems  for approximately 5200 QVC toasters, that is exactly what has been happening.  These toasters have been recalled for ...

Hazard: The toaster can turn on without bread in the slots and ignite items placed on top of it, posing a fire hazard.

Incidents/Injuries: QVC has received information that ten toasters reportedly turned on spontaneously, including one incident of fire damage to kitchen cabinets and two incidents of toaster covers burned. No injuries have been reported.

The entire notice from  the Consumer Protection Safety Commission can be found here.

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Today the US  Consumer  Product Safety Commission announced a recall  involving Kolcraft play yards after a 10 month old died.

CPSC received a report of a 10-month old boy who strangled on the changing table’s restraint strap that was hanging down into Kolcraft’s “Sesame Beginnings” Travel Play Yard where the child was located.

These play yards were sold from 2001 to 2007. What is terribly frightening is to speculate the number of households  that  have these play yards  since they have been on the market for  several years.  I  know our household has one, as do "the grandparents".  Please read the announcement here and make  sure if you have one,  you  remove the  changing  pad/cradle area when your child is  in the  play yard.

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Approximately 1 million simplicity  cribs were recalled earlier this week.

The U.S. Consumer Product Safety Commission (CPSC) is announcing today a voluntary recall with Simplicity Inc., of Reading, Pa., of about 1 million cribs. The drop-side can detach from the crib, which can create a dangerous gap and lead to the entrapment and suffocation of infants. CPSC is aware of two deaths in Simplicity manufactured cribs with older style hardware, including a 9-month-old child and a 6-month-old child, where the drop-side was installed upside down. CPSC is also aware of seven infant entrapments and 55 incidents in these cribs.

What is most frustrating about this recall  to  me, is that the first death occurred over  two and a half years ago. It appears that two deaths occurred with older hardware, and a third death  has  now occurred with  the  newer hardware.  The question arises...what took so long to have this investigated? Read the announcement here.

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Daimlerchrysler issued a recall for certain 2007 Doge Rams.

Component: POWER TRAIN:DRIVELINE:DRIVESHAFT

Potential Number Of Units Affected : 1498

Summary: ON CERTAIN TWO WHEEL DRIVE TRUCKS EQUIPPED WITH MANUAL TRANSMISSIONS, THE FRONT DRIVESHAFT YOKE MAY BREAK UNDER CERTAIN DRIVING CONDITIONS.

Consequence: THIS COULD RESULT IN A LOSS OF VEHICLE CONTROL AND CAUSE A CRASH WITHOUT WARNING.

Remedy: DEALERS WILL REPLACE THE DRIVESHAFT FREE OF CHARGE. THE RECALL IS EXPECTED TO BEGIN DURING SEPTEMBER 2007. OWNERS MAY CONTACT DAIMLERCHRYSLER AT 1-800-853-1403.

Notes: DAIMLERCHRYSLER RECALL NO. G32. CUSTOMERS MAY ALSO CONTACT THE NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION'S VEHICLE SAFETY HOTLINE AT 1-888-327-4236 (TTY 1-800-424-9153), OR GO TO HTTP://WWW.SAFERCAR.GOV.

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If your children  wear crocs, please keep an eye on them as they ride escalators.  There seem to be  numerous cases of  crocs  getting caught  in  the  "teeth" of the  escalator or in between the  moving stairs. 

According to reports appearing across the United States and as far away as Singapore and Japan, entrapments occur because of two of the biggest selling points of shoes like Crocs: their flexibility and grip. Some report the shoes get caught in the "teeth" at the bottom or top of the escalator, or in the crack between the steps and the side of the escalator.

The reports of serious injuries have all involved young children. Crocs are commonly worn by children as young as 2. The company introduced shoes in its smallest size, 4/5, this past spring.

Something to definitely be aware of as you and your children  ride escalators. Read the whole story here.

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Just read a good article over at the Washington Post on the rising tide of federal agency rules that include preemptive language.

One of the most difficult issues the plaintiff's bar faces in product liability actions is the mounting attacks on state sovereignty posed by the doctrine of federal preemption.  It isn't ideologically familiar ground for trial lawyers to fight on: that state law should be protected against federal regulations.  Yet, in today's climate, preemption rules declared by over eager executive agencies threaten the common law rights of state citizens across the nation.  What is especially alarming is the relationship between the increase in federal rule making and campaign contributions to the executive's party.  This can't be seen any longer as simply enforcing the constitutional standard that where federal law and state law conflict, federal law wins.  It isn't preemption in fact, the new game is now intervention.

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Big Dog Motorcycles, LLC issued a recall for the big dog/bull dog 2007 model. On certain models the tachometer may have been improperly installed which may cause the motorcycle to short circuit and shut down. This shut off may occur without prior warning resulting in a possible crash. The recall is expected to begin August 24, 2007. Dealers will isolate the tachometer board from housing.  Owners may call  Big Dog at 1-316-219-9129 OR email customer.service@bigdogmotorcycles.com.

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Some of Apple's ads for the new iPhone were played so often during a recent vacation of mine that I actually considered buying one just in order to make the ads stop.  But then I realized, they don't play the ads to get you to buy just one!

All joking aside, apparently there's a failure to disclose a material fact about the iPhone (which were it not for the lawsuit, I probably would have never known).  You can't replace the battery unless you give the phone back because its welded shut to the phone.  Not good.  And according to this attorney, an unfair trade and deceptive practice.  Which seems fair when you consider they charge almost another $100 for the service needed to replace the battery!

So, even the blessed iPhone, and its miraculous powers, are not free from the world of products liability.  Oy vey.

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We recently settled a case involving a product defect with a peculiar mechanism of injury.  I say peculiar because until our case, the defendant manufacturer purportedly had never received a complaint alleging a similar factual instance as our injury.

That's a tough place to be as a plaintiff in a product liability action: the first instance.  And undoubtedly you are going to have a hard time getting the defendant to be reasonable unless you go forward with a lawsuit.  The issue there is, as everyone in this area of law knows, going full steam ahead on a product liability suit can be very expensive... so expensive that unless your damages are severe you will have a hard time making he case cost effective for your client.  So what do you do then?

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Ford recalls another 3.6 million vehicles due to engine fires resulting from faulty cruise controls.  They had recalled 6 million back in 2005 for what appears to be the same defect.  Apparently the issue is with vehicles primarily out of the Louisville plant.

More on this here.  Just hope they got them all this time.

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An interesting class action suit has been filed against Lexus USA Inc., Toyota Motor Sales USA Inc. and others.  The suit was filed on behalf of owners of the ES350.  These automobiles are supposed to be equipped with sensors in the passenger side seat.  When the sensor is activated by the weight of  the passenger, the passenger airbag should engage and therefore deploy if there is a collision. This suit alleges that these sensors do not  function properly.

The suit goes on to explain that the defective vehicles are fitted with a weight sensor that gauges the weight of the person in the front passenger seat, but that these sensors have been found to be faulty.
The owners want Toyota to recall and repurchase all ES350s, refunds for those that leased the cars, each car to be refitted with a working airbag system, and compensation for any loss of value and costs owners incurred during this process.
(more here)

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On some cars, the Totally Integrated Power Module  (TIPM) was programmed with software that may allow the engine to stall under certain conditions.  This could cause a crash without prior warning. Dealers will reprogram the module. Their  number is 1-800-853-1403.  The recall began July 5, 2007.

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