North Carolina Product Liability Blog

Widow Files Lawsuit against GM and Continental Tire Company

kamini@hardisonwood.com (Law Office of D. Hardison Wood) — Mon, 17 Nov 2008 22:38:07 -0500

A widow of a border patrol agent has filed a lawsuit against General Motors and Continental Tire Company. Her husband was riding in is patrol vehicle when the tire fell apart. The vehicle then rolled over causing severe head trauma due to the roof crush sustained in the roll.

Agent Webb's vehicle rolled, and the roof collapsed causing massive head injuries.

As we have learned defective tire production spans across many manufacturers. And as we have often discussed the head trauma caused by roof crush and the loose roof crush standards in vehicles often leads to catastrophic injuries or death.

If you or someone you know has been affected by a product failure, please contact us at 919-677-0144.

ATV Lawsuits Filed

kamini@hardisonwood.com (Law Office of D. Hardison Wood) — Mon, 10 Nov 2008 23:55:46 -0500

Two suits have been filed recently bringing into the question design flaws in the Yamaham Rhino ATV.

On June 10, 2005, the Mitchells' daughter was riding as a passenger in Rhino ATV when during normal operation the vehicle tipped over onto the passenger side. She suffered severe injuries to her knee, arm, foot and ankle, requiring surgery and the amputation of four toes on her right foot.

Jeffrey Lambert, a 47-year old physician's assistant and former captain in U.S. Air Force, filed a personal injury lawsuit against Yamaha for the catastrophic injuries he suffered. On August 17, 2007, the Rhino Lambert was driving tipped over at a low rate of speed. Read the Article here

Stability seems to be a common question and common design flaw in ATVs that we have been hearing and seeing lately in our own practice. Manufacturers must be held accountable when they do not make changes to their dangeorusly designed products especially when they have inexpensive alternative designs and modfications available.

Roof Crush - Standards Lacking

kamini@hardisonwood.com (Law Office of D. Hardison Wood) — Fri, 07 Nov 2008 14:28:43 -0500

A new investigative report by 10tv.com brings to light a major issue regarding safety standards of a car's roof and its ability to withstand crush during a rollover. The testing has not been adequate but beyond that the standard which is currently in place,

"which has been in effect since the early 1970s, has been a total, ineffective disaster," according to Bryon Bloch, an automobile expert who has testified in courts across the U.S. about how weak roofs have led to serious injuries.

For years there has been talk about raising the standard, however, there are constant delays.

The NHTSA acknowledged that the standard was not good enough in 2005. That was when the agency announced that it should be improved from 1 1/2 to 2 times

Nearly four years later, the NHTSA has not improved the standard, Aker reported. Instead, it has issued a trail of statements announcing postponements, such as one from October saying, "We must ensure that any final rules we issue are as successful as possible... we need more time to complete a new roof strength standard."

In the meantime, while we are waiting for the standards to be reviewed and final changes made, as 10tv.com reports, "As many as 10,000 people are killed and 16,000 are injured in rollover crashes."

Mattress Recall

kamini@hardisonwood.com (Law Office of D. Hardison Wood) — Tue, 28 Oct 2008 22:35:41 -0500

When you think of a product liability case you may think of automobiles, air bags, and other big items failing. Or you may think of child safety issues such as recalls involving cribs and toys. Not often do you think of furniture and mattresses. However, these products do fail. And when these dangerous items make it into the marketplace they pose risks to the public. In the past we have heard of furniture catching on fire when it should not have, and today the CPSC announced a recall of 6,100 Serta mattresses because they fail to meet mandatory federal safety standards for mattresses.

Name of Product: Serta Zipper-Covered Foam Core Mattresses

Units: About 6,100

Manufacturer: Serta International Mattress Co., of Hoffman Estates, Ill.

Hazard: The mattresses fail to meet the mandatory federal open flame standard for mattresses, posing a fire hazard to consumers.

Incidents/Injuries: None reported.

Description: The recalled mattresses have a zipper cover over a foam core. The mattresses were sold in twin, full, queen, king and California king sizes. They were manufactured between November 30, 2007 and May 20, 2008. The mattress name, date of manufacture, model, and serial numbers are located on label attached to the mattress. Only specific serial numbers are included in the recall. The recalled mattresses are listed in the chart below.

Mattress Name Model Number Serial Number

Serene Signature Zip 810098, 810298,
810198, 810598 Contact Serta to determine if
your serial number is included
in the recall.

Accord Zip 830098

Perpetual Zip 830298, 830498

Solara Zip 830798

Solara II Zip 830898

Compass Zip 830198, 831598

Bellbrook Zip 830398

Elysian Zip 830698

Allington Zip 831098

Araceli Zip 831498

Royce Select Zip 831698

Mattress Name	Model Number	Serial Number
Serene Signature Zip	810098, 810298, 810198, 810598	Contact Serta to determine if your serial number is included in the recall.
Accord Zip	830098
Perpetual Zip	830298, 830498
Solara Zip	830798
Solara II Zip	830898
Compass Zip	830198, 831598
Bellbrook Zip	830398
Elysian Zip	830698
Allington Zip	831098
Araceli Zip	831498
Royce Select Zip	831698

To read the entire notice click here.

If you or a loved one has been injured by a product failure and you would like to discuss your matter, feel free to contact us at 1-877-829-7211.

Huge Crib Recall

kamini@hardisonwood.com (Law Office of D. Hardison Wood) — Tue, 21 Oct 2008 13:25:19 -0500

The CPSC announced today a recall of 985,000 Delta Enterprise Drop Side Cribs. Apparently there are missing safety pegs which can lead to entrapment and suffocation.

When the safety pegs in the base of each leg of the crib are missing from the lower track, the crib locks can disengage and detach if lowered below the peg hole, creating a hazardous gap. This gap can lead to the entrapment and suffocation of an infant or toddler.

CPSC staff is aware of a death of an 8-month-old child who became entrapped and suffocated when the drop side of the crib detached in a reassembled crib where the safety pegs were not installed. CPSC is also aware of two entrapments and nine disengagement incidents in cribs where the safety pegs were missing.

The recalled cribs have date codes ranging from 1995 though December 2005 and one model (4624) was made in 2007. The model numbers are located on the top of the mattress support board.

In addition, 600,000 Delta Enterprise Drop Side cribs have been recalled which were manufactured and sold between 2000 and 2007. The two notices can be here and here in their entirety.

With these recalls effecting an enormous volume of consumers, the CPSC announced that it is considering rulemaking with regards to crib defects.

Since the creation of the CPSC Early Warning System in fall of 2007, the agency has conducted five crib recalls where the hardware was broken, missing or otherwise failed to function. Cribs with drop sides are the type most likely to experience hardware problems. They contain more moving parts and have more non-rigid connections than static, or non-drop side cribs. In many cases the drop side corners disengage from the tracks located on the crib ends, or safety stops become nonfunctional permitting the drop side to detach from the crib. These types of defects are often undetected by parents or caregivers and can worsen when the baby pushes or leans against the side of the crib.

While the mandatory and voluntary crib standards have succeeded in preventing many deaths and injuries, the agency staff believes the performance requirements can be strengthened to deal with the problems identified by the Early Warning System. Therefore, agency staff will be recommending that the Commission vote to issue an Advanced Notice of Proposed (ANPR) rulemaking to examine and assess potential design and durability issues and possible mandatory performance requirements to prevent future entrapments and strangulations to children. If approved, the ANPR will seek input and information about hardware systems, other hardware issues, assembly and instructional problems and wood quality/strength issues for cribs with both stationary and drop side construction.

As these cribs fail, and caregivers are left unaware of the inherent dangers, the children are the ones who remain the victims. It would seem that more needs to be done with regard to the safety of the cribs which make it into the marketplace.

The CPSC offers the following as safety tips:

Safety Tips for all cribs:

Parents should not use any crib with missing, broken or loose parts.

Hardware should be inspected from time to time and tightened to keep the crib sturdy.

When using a drop side crib parents should check to make sure the drop side or any other moving part operates smoothly on its track.

Always check all sides and corners of the crib for disengagement. Any disengagement can create a gap and entrap a child.

Do not try to repair any side of the crib without manufacturer approved hardware or with tape, wire or rope.

Putting a broken side up against the wall does not solve the problem and can often make it worse.

Playkids USA recall cribs

kamini@hardisonwood.com (Law Office of D. Hardison Wood) — Fri, 17 Oct 2008 22:00:51 -0500

An infant death has prompted the recall of approximately 2,000 convertible cribs by Playkids USA. The mesh siding expands and can cause gaps between the matress and sides. This allows room enough for an infant to fall into the space, become entrapped and possibly suffocate. A 5 month old child died in August 2008when he became entrapped and suffocated.

This recall involves the Playkids U.S.A. convertible crib/playpen/bassinet/bed with model number PLK-909. “Playkids U.S.A.” can be found on the packaging and on a label sewn into the side of the crib. The model number can be found on the packaging. The convertible cribs have a drop side rail, a stationary side rail, a canopy assembly, and a bassinet. The sides of the convertible crib, the mattress support, the bassinet, the canopy and the bedskirt are covered in fabric and mesh. The fabric and the mesh come in a variety of colors and patterns. read the notice

With the tremendous amount of recalls occurring involving children products, especially cribs, we have to wonder what's going on with testing of the products prior to their public sale.

Booster Seat Poor Evaluations

kamini@hardisonwood.com (Law Office of D. Hardison Wood) — Thu, 02 Oct 2008 22:00:41 -0500

The Insurance Institute for Highway Safety and the University of Michigan Transportation Research Institute have put out a new study with regard to booster seats - they found 13 booster seats do not position the belt properly on children. This study did not look at the crashworthiness of the seats but rather the belt positioning. As we know booster seats help prop children up higher, with a goal of making sure the car's seat belt is in the correct position.

The seat belt is meant to be routed across a child's lower hips and mid-shoulders instead of the abdomen because the liver and spleen are more vulnerable to injuries. Story

This of course does not mean and should not be taken to mean that parents should opt not to use a booster seat at all- it just means that parents need to ensure that the one they are using at least has the seat belt positioned in the proper location.

We, at the firm, are advocates for 5 point harness booster seats - while these booster seats referenced in the story utilize the car's seat belt, they merely deal with the the height issue and prop the child up higher to position the belt properly. They do not account for the weight of the child. Car seat belts are made for a minimum weight - usually much heavier than the average 4-6 year old.

Also, make sure to check your state laws regarding the age AND weight requirements for children and child restraints in your state.

Hipmonkey.com

kamini@hardisonwood.com (Law Office of D. Hardison Wood) — Fri, 26 Sep 2008 22:00:46 -0500

We have often discussed the need to utilize five point harnesses booster seats. Far too many children have been killed in car crashes when their child seat has failed them. The Kyle David Miller foundation, was set up in memory of such a young boy. His courageous family has gone on to start a website called www.hipmonkey. com where you can find 5 point harness car seat for your child, while supporting their foundation.

No matter where you purchase your next car seat, please do your research. And if you have a child getting ready to go into a booster, before automatically putting them in one of those booster seats that uses the car's seatbelt and no tether, please check out the five point harness boosters. We have heard over and over again, how easy it is once your child in in a booster seat that uses the car's seat belt - because then he/she has the ability to buckle and unbuckle themselves...Except there is of course the other end of the story that we hear, when after a car crash, a child who was utilizing the car's seat belt in conjuction with one of those booster seats, was ejected form the vehicle. Why? Because the car's seat belt could not restrain the child during the crash. Car seat belts are not made for small children.

Drop Side Cribs recalled

kamini@hardisonwood.com (Law Office of D. Hardison Wood) — Tue, 23 Sep 2008 21:03:51 -0500

Simplicity (which as we have mentioned before on our blog - is no longer in business) has recalled about 600,000 drop side cribs. The drop side, when it comes off its tracks can pose a serious risk of injury by entrapment, suffocation, and strangulation to infants. The cribs according to the CPSC's website were sold at:

AAFES, of Dallas, Texas
Babies“R”Us, of Wayne, N.J.
Burlington Coat Factory/Baby Depot, of Burlington, N.J.
K’s Merchandise (out of business)
Meijer Distribution Inc., of Grand Rapids, Mich.
Nebraska Furniture Mart, of Omaha, Neb.
ShopKo, of Green Bay, Wis.
Target, of Minneapolis, Minn.
Wal-Mart Stores Inc, of Bentonville, Ark.

They were sold between January 2005 through August 2008. For additional information on this recall please visit the CPSC website.

if at anytime our child is a victim of a products defect it is important to bring it to the CPSC's attention.

Dodge Challenger Recalled

kamini@hardisonwood.com (Law Office of D. Hardison Wood) — Mon, 22 Sep 2008 01:52:22 -0500

All vehicles have federal safety standards they must meet. It turns out that Chrysler has to recall 6,636 2008-2009 Doge Challengers which have automatic transmissions and the "keyless go" option. Why? According to edmunds.com inside line it may

fail to meet a federal safety standard for theft prevention which could result in accidental rollaway.

It appears that when the stop/start button can be pressed and in postions other than Park. That would to me, definitely seem to pose a problem.

According to the National HighwayTraffic Saftey Administration, this safety standard exists to reduce crashes due to theft or rollaway vehicles.

Potential Car Fire Leads to Recall

kamini@hardisonwood.com (Law Office of D. Hardison Wood) — Sat, 20 Sep 2008 23:48:07 -0500

It seems lately we have been hearing more and more form victims of car fires. GM has announced that they are recalling 42,408 Saturn Vues. The recall is due to

a potential leak of power steering fluid that could cause a fire

Apparently this recall affects model year vehicles from 2008-2009 with 6 cylinders.

The recall covers a group of Saturn Vues from the 2008 and 2009 model years that are equipped with six-cylinder engines. GM said dealers would inspect and tighten the nut and check the fluid level as needed.

The report says there have been no reported injuries from this product defect, which brings up another very important point. Should you ever have a product defect you should always report it. Even if there are no injuries, it is important the defects are reported so that investigations can take place, and if a product proves to be unsafe, the public is made aware. If you need to report a defect, the link to the Office of Defects Investigation is:http://www-odi.nhtsa.dot.gov/ivoq/index.cfm

A way out

kamini@hardisonwood.com (Law Office of D. Hardison Wood) — Thu, 18 Sep 2008 16:34:04 -0500

Looks like some folks are finally putting their thinking caps on and coming up with solutions.

``The Federal Reserve and the Treasury are realizing that we need a more comprehensive solution,'' Schumer, a Democrat who chairs the congressional Joint Economic Committee, told reporters in Washington today. ``I've been talking to them about it.''

Schumer urged forming an agency to inject funds into financial companies in exchange for equity stakes and pledges to rewrite mortgages and make them more affordable. His remarks indicate momentum is building for some wider plan after the Fed and Treasury's takeovers of Fannie Mae, Freddie Mac and American International Group Inc. this month.

Schumer advocated a Great Depression-era Reconstruction Finance Corp. model, different from the Resolution Trust Corp.- type plan others have floated. Another RTC, which was a 1990s agency that sold devalued assets in the Savings and Loan Crisis, would ``simply transfer excessive risk to the U.S. government without addressing the plight of homeowners,'' he said.

Full story here. These ideas are all good, and I believe the Senator is right that we need to do more than simply transfer the risk to taxpayers. But I don't think this is going to be a silver bullet, by any stretch. Seems to me that encouraging savings, encouraging capital investment in productive capacity, and encouraging some ethical reforms are all going to need to be addressed as well. But all in all, this is good news. People aren't standing with their finger in the wind, they are trying to figure out a way to solve the problem. Good sign.

AIG: The Apocalypse

kamini@hardisonwood.com (Law Office of D. Hardison Wood) — Wed, 17 Sep 2008 08:51:13 -0500

Apocalypse now means the "end times". The Greek though is more simplistic. Apo (meaning lift up or part) and kalypsis (in this context meaning veil). Apocalypse for ancients was really a lifting of the veil, a clearing of the view, for the those privileged enough to witness it. In that sense, with a focus on the term privileged, this bailout of AIG is apocalyptic. The veil has been lifted, "my friends".

Yesterday I blogged about the Lehman bankruptcy, and the Lehman bankruptcy only. Good news, by the way, for Lehman IB workers reported in yesterday's FT here. So some job losses are turned around, which is something to celebrate.

Today though, I'm waking up to the news that the Federal Reserve has bailed out AIG. It appears the Fed and Treasury were convinced that an AIG bankruptcy would trigger systemic financial meltdown.

Right now, the Fed's language is extremely vague. So I don't have all that much to say. On the flip though are the concerns I raise, and they are serious concerns that anyone should be worried about.

First, and most importantly, and certainly important to attorneys like me who often represent claimants, what is going to happen to the claims of AIG's policy holders? Is the government "loan" of $85B senior to the claims of AIG's policy holders (many of whom are now dealing with the Ike disaster and assessing their loss)? Are there any strings attached to the money to insure that $20B taken away by AIG and loaned to AIG on Monday (see more on that here) is going to go back to satisfy the claims of policy holders?

Second, where does the government's money sit on the capital structure of AIG? Is it some sort of priming lien that is secured and senior to everyone else? Well, it does appear the lien is secured, by 80% of AIG and all its other assets. But is senior to everyone? And by the way, why not 100% of AIG? I don't know. And the statements out so far aren't clear to me.

Third, is there going to be an automatic stay like what would happen in bankruptcy or are junior creditors allowed to run for the hills? If the latter, what was the purpose of the loan? And if the former, isn't that going to create the same credit event that a bankruptcy would have created in the first place?

I simply don't have the details to answer any of these questions right now. And I've asked people that I thought would have those details, and they don't know either. This is scary business folks. We are in new territory. The US Government is now, de facto, the world's largest insurer.

Soccer Goals Recalled

kamini@hardisonwood.com (Law Office of D. Hardison Wood) — Wed, 17 Sep 2008 01:42:33 -0500

190,000 soccer goals were recalled after a child's death.

About 190,000 MacGregor and Mitre folding soccer goals were recalled Tuesday, after the death of a young child.

The CPSC said the netting had gaps that were 20 square inches apart. Ideally they should be less than 17 square inches or greater than 28 sqaure inches in order to prevent a child becoming trapped or possible strangulation.

Parents and caregivers are advised to stop using the nets, which can be returned to Regent Sports in exchange for a free, safe replacement. For more information, call 877-516-9707

This is yet another in a long line of recently recalled products whereby the safety standards for gaps and spaces may have been ignored thereby causing a serious child safety issue. If your child has been adversely affected by a product, and you feel our firm may be able to assist you, please do not hesitate to contact us.

GM Settles Class Action Lawsuit

kamini@hardisonwood.com (Law Office of D. Hardison Wood) — Tue, 16 Sep 2008 23:47:36 -0500

General Motors (GM) announced last week that they were settling a class action lawsuit involving approximately 90,000 Saturn vehicles resulting from the VTi transmissions which seem to fail prematurely.

Owners of the aforementioned vehicles will be given a percentage of their expenses, based on vehicle mileage when the transmission failed and whether the car was purchased new or used. Read the Story

GM had touted that this transmission was more efficient that others. What we have been seeing lately in our practice is with the "more efficient" cars - there appears to be a bending of the federal standards for vehicles in this attempt to become more efficient. And that seems to be leading to many products liability issues due to injuries from these vehicles.

Financial Armageddon?

kamini@hardisonwood.com (Law Office of D. Hardison Wood) — Tue, 16 Sep 2008 15:21:55 -0500

Everyone is totally freaking out, or totally under-appreciating (take your pick) what is happening on Wall St. right now. Before I give my $0.02, I'd like to point out to our fellow attorney readers that Chris Nichols has some interesting thoughts on this matter as well. You can access his discussion here. More on the flip.

First, and no Paul Krugman was not the first person to coin this phrase, I am quite sure there were a lot of people betting that the Fed would "make Lehman-aid" and rescue the Wall Street icon from the disgrace of bankruptcy. I was one of those people, but mostly for sentimental reasons. Most were making that bet because they know that the new bankruptcy rules (mostly 2005) enforce harsh, indeed at places draconian, measures on financial companies that go bankrupt. A good rundown on that is here. And in short, no one knows what these measures will do because they've never been tested. Why? Because financial companies, especially major broker dealers, just don't go bankrupt. Last one that did, Drexel, was almost 20 years ago and the 2005 amendments weren't there then.

To be sure, Lehman's bankruptcy will be ordered and well-regulated. Thanks in large part to their hiring of super-debtor bankrupty all-stars Weil Gotshal and their talented staff of Harvey Miller (last guy to handle a major FIG bankruptcy - Drexel) as well as fellow Cardozo alum and former professor of mine, Gary Holtzer. You can also bet that Ed Altman is going to be in this mix of various advisors as he's the guru of all gurus when it comes to restructuring. However, just having good lawyers and good advice isn't going to eliminate the problem. And the essence of the problem is this:

Lehman was at the near center of a byzantine thing called the "credit default swap market". If you have no idea what that is, there is a decent description here. The big worry in the market as it was created was what happens when a counter-party defaults? Does the house of cards come tumbling down in a chain reaction? This is the question of "systemic risk" and a good rundown on how that plague things is here. Well, the ISDA (International Swaps and Derivatives Association) said in a report in 2007 (warning: pdf)that the market is just about sophisticated enough to deal with this.

It is possible, however, that credit derivatives have already evolved into a mature product and that future growth will resemble that of interest rate and other derivatives. That is, products will become increasingly commoditized but will also become known by to a wider range of users. The past ten years have seen credit evolving from a largely illiquid product into an increasingly tradable product, in which risks are managed the same way as other market risks.

It is this view of credit that is being challenged now. It is, for lack of a better phrase, a true day of reckoning. Yes there are optimistic predictions, as well as doom and gloom predictions. Depending on your bent I'm positive you can found one account out there that will confirm your worst worries, or make you sleep better at night. But one thing is for sure now, we are definitely going to find out. When Paulson and Bernanke refused to put up more taxpayer dollars to save Lehman, they set in motion a series of events that will ultimately wind up answering the question. I'm not saying that was good (more likely) or bad (less likely), just that it is.

And don't think for a minute they don't know this. After all, the Fed's bailout of Bear Stearns and fire sale action earlier in the year was argued as a necessary because of Bear's role as a major counter-party in the CDS market.

The alternative would have been to let Bear slide into a Chapter 11 [sic] bankruptcy, which would have happened quickly. Among other things, Moody's, S&P, and Fitch all downgraded Bear on Friday, potentially forcing the firm to put up additional collateral to meet the requirements of a credit-default swap triggered by the downgrades—collateral it didn't have. Bear notionally holds $13 trillion in derivatives contracts, and even if credit-default swaps were only a small fraction of that, any sort of credit event would have been catastrophic for both Bear and its buyers, the latter of whom would find themselves holding guarantees from a firm that was not in a position to guarantee anything.

So, they had to let the Bear softly out to pasture cause otherwise the CDS market would collapse. But if you haven't linked to the pdf from above, do it now, because in that very report, you see that Lehman is much more significant in this market than Bear ever was (charts at the end). There has been lots of teeth gnashing about "moral hazard" and "Paulson gave them plenty of time to unwind" for Lehman but I think its clear that the Lehman bankruptcy was much more life altering for the CDS market than Bear Stearns could have been. I suppose the more charitable view of Treasury's position is that the market had ample time to grow up between Bear and now.

And these CDS makrets are big, with a notional value of $62 trillion according to the BIS (Bank for International Settlements). Keep in mind here that everyone is throwing a lot of numbers. ISDA's chairman has said that the notional amount is just a nominal figure representing the underlying bonds being protected. He further says that true exposure is about a factor of fifty less, i.e., how much people actually owe is 1/50th or so of the notional amount. So with today's estimate of $62 trillion, there is owed approximately $1.2 trillion. So that's the whole pie, how much of it goes into default and how little is recovered is something we are soon going to witness.

I'll post a little more on this when I have the time. But for now, I read the situation as pretty much a devastating indictment of the "see no evil hear no evil" approach to regulation we've had over the banking system for the past few decades. I realize that view doesn't help fix the problem. And honestly I don't have the foggiest clue about how to fix it, but I would just ask this simple favor as a taxpayer.

If we are going to be bailing out any more of these entities, can we at the very least get some pretty serious oversight in exchange? I mean, that seems fair enough doesn't it? If you can't play by the rules and need our help, then shouldn't we be able to enforce rules on you until we trust that you'll continue following them on your own?

And maybe that's the real crux of the situation right now. Trust. It takes a long time to build, and once it is violated, even longer to get back. As an attorney, trust is not only critical but ethically required in our enterprise. Say what you want about attorneys, but to practice law long without trust is an oxymoron. I don't think it would be a bad thing to inject some ethical standards into the world of high-finance right now. I realize they don't have the time to be bothered, but for us taxpayers to trust them again, maybe that's what we need?

Bassinet Warning

kamini@hardisonwood.com (Law Office of D. Hardison Wood) — Sat, 30 Aug 2008 00:39:59 -0500

The US CPSC has warned parents against using the 3-in-1 and 4-in-1 bedside sleepers after two infants became caught between the metal bars and died. Apparently, the bars are wider apart than the mandated maximum of 2 3/8 inches. However, according to the report, the warning was issued rather than a recall because the company which purchased Simplicity in April has not been cooperating with a recall. The new owner maintains they are not responsible for products previously manufactured before their acquisition of the company.

The agency said in an announcement that it issued the alert because SFCA Inc., the company that purchased Simplicity in April, "has refused to cooperate with the government and recall the products. SFCA maintains that it is not responsible for products previously manufactured by Simplicity," the announcement said.

We see this all the time in our product defect cases where one company has purchased another and we have a claim. The first defense they throw up is that they are not liable for anything previously manufactured. Of course, that is something they always have to prove.

In the interim, parents, if you have any questions regarding this product, please contact the CPSC hotline, 800-638-2772 or their website at cpsc.gov.

More Potential Car Fires Leads to Recall

kamini@hardisonwood.com (Law Office of D. Hardison Wood) — Fri, 29 Aug 2008 14:43:41 -0500

Car fires are much more common that some may think. And frankly, quite often, there is truly a defect in the automobile that caused them. This time the recall involves more GM cars. According to the report GM is recalling 857,735 vehicles, including

2007-2008 model year Chevrolet Silverado, Tahoe, Avalanche and Suburban, Cadillac Escalade, Escalade ESV and Escalade EXT, GMC Acadia, Sierra, Yukon, Yukon XL and Saturn Outlook; 2006-2008 Hummer H2, Cadillac DTS and Buick Lucerne; and the 2008 Buick Enclave

According to the report, federal safety regulators said there was a potential for a short circuit in the wiper system which could lead to electrical malfunctions, smoke or raise the potential for a car fire.

In another GM recall...

88,809 2008-model year Buick Enclave, and 2007-2008 model year GMC Acadia and Saturn Outlook SUVs in 28 states and Washington, D.C

are being recalled. That recall is due to the fact a buildup of snow and ice can cause a restriction in the windshield wiper movement and cause the motor to detach from the windshield arm.

If you have been hurt by a product defect in your automobile, the Law Office of D. Hardison Wood would like to discuss your matter with you.

Back to School

kamini@hardisonwood.com (Law Office of D. Hardison Wood) — Sun, 24 Aug 2008 23:33:59 -0500

For many children who are on the traditional school calendar, it's that time of the year...back to school. The Consumer Product Safety Commission has released a special notice offering back to school safety tips. In an effort to increase child safety, we are posting these tips here. The entire notice, of course, can be read on the CPSC website, found here.

Helmet Safety

Wear a bicycle helmet when biking or riding a scooter to and from school. Make sure your child’s bicycle helmet has a label stating it meets CPSC’s mandatory safety standard. Wearing a bicycle helmet can reduce the risk of head injury by as much as 85 percent.

CPSC staff has reports of an annual average of 80 children under 16 years of age who died in bicycle-related incidents in recent years. About half of the 500,000 bicycle-related emergency room-treated injuries in 2007 involved children under the age of 16. When taking part in other recreational activities, wear the right helmet for that activity. Read CPSC’s “Which Helmet for Which Activity” publication, which helps parents choose the most appropriate helmet, at http://www.cpsc.gov/CPSCPUB/PUBS/349.pdf (pdf).

More than 80 percent of the nearly 50,000 emergency room-treated injuries involving unpowered scooters in 2007 were to children younger than 15. In addition to wearing a helmet, CPSC recommends elbow and knee pads when riding a scooter.

Avoid Children’s Clothing with Drawstrings

Drawstrings at the hood or neck area are a strangulation hazard. They can catch on playground equipment and other items. Remove hood and neck drawstrings from upper outerwear clothing already in your child’s closet, and do not buy children’s clothing that uses them.

Since 1985, CPSC received reports of 27 deaths and 70 non-fatal incidents involving the entanglement of children’s clothing drawstrings.

Movable Soccer Goals

Unsecured movable soccer goals can fall over and kill or injure children who climb on them or hang from the crossbar. Make sure soccer goals are securely anchored when in use. Never allow children to climb on the soccer net or goal framework. When not in use, anchor goals or chain them to a nearby fence post or sturdy framework. Since 1998, CPSC has reports of at least 7 deaths and an estimated 1800 emergency department visits by children younger than 16 years of age that are related to soccer goal tip-overs and structural failures. For more information on soccer goal safety, visit http://www.cpsc.gov/CPSCPUB/PUBS/5118.html

Playgrounds

Each year, more than 200,000 hospital emergency room visits are related to playground injuries. Most injuries occur when a child falls onto the playground surface.

Check with school officials to make sure that equipment has been inspected and maintained. There should be at least nine inches of safe, shock absorbing surface material, and proper clearance around the equipment. Make sure exposed hardware or free-hanging ropes are not part of the equipment. Ropes and clothing catching on exposed hardware can be strangulation hazards. Elevated surfaces, like platforms and ramps, should have guardrails to prevent falls.

School officials should be aware that shading at the playground with trees or other structures is an important consideration to reduce children’s exposure to the sun. Schools should also be aware that hot sun can make playground slides and black rubber matting burn hazards for children.

Listen to CPSC’s podcast on playground safety at http://www.cpsc.gov/mp3.html

We, at our firm, hope that your children have a safe and productive school year!

Civil Penalties for Failure to Report Drawstrings

kamini@hardisonwood.com (Law Office of D. Hardison Wood) — Mon, 18 Aug 2008 22:13:21 -0500

The CPSC announced earlier this month that nine firms had agreed to pay approximately $355,000 in civil penalties for failing to report drawstrings in children's outwear.

The penalties settle allegations that the firms knowingly failed to report to the CPSC immediately, as required by federal law, that their children’s hooded sweatshirts, jackets, or sweaters were sold with drawstrings at the hood and neck.

In 1996 CPSC issued a notice advising parents to purchase clothing that uses methods other than draw strings to close the hood of a jacket and sweatshirt, such as velcro or snaps. This is due to the high likelihood that the drawstring can get caught on something leading to a potential choking hazard. Read the notice. The notice also called on manufactureres to make sure they adhered to the voluntary guidelines.

Manufacturers and retailers should also be aware of the hazards, and should be sure garments they manufacture and sell conform to the voluntary standard.

In May 2006 the CPSC announced that drawstrings in children's outerwear and sweatshirts at the hood and neck, were considered defective and posed a high risk for injury.

Young children can be seriously injured or killed if the upper outerwear they are wearing catches and snags on other objects. From January 1985 through June 1997, CPSC received reports of 21 deaths and 43 non-fatal incidents involving the entanglement of children’s upper outerwear having drawstrings. The ASTM standard addressing this issue (F-1816) took effect in June 1997. In the period since, we have seen a marked decrease in fatalities and incidents. We believe that many of the remaining injuries and deaths would be prevented if all children’s upper outerwear met the requirement of the ASTM standard.
Inasmuch as the ASTM standard has been in place for several years, the CPSC Office of Compliance staff considers children’s upper outerwear with drawstrings at the hood or neck area to be defective and to present a substantial risk of injury to young children under section 15(c) of the FSHA, 15 U.S.C. § 1274(c). Should the staff encounter such products, it will seek a recall of these products. There is no persuasive reason for children’s upper outerwear to be manufactured with drawstrings at the hood and neck area since products without these drawstrings have been on the market for many years.

Section 15(b) of the CPSA, 15 U.S.C. § 2064(b), requires every manufacturer (importer), distributor, and retailer of consumer products to report immediately to the Commission when it obtains information that reasonably supports the conclusion that a product distributed in commerce contains a defect that could create a substantial product hazard or creates an unreasonable risk of serious injury or death. The statute also provides for the imposition of civil penalties for failing to report the required information.

After obtaining information that supports a claim that a product is defective and can create a substainal risk of injury to the public, can cause serious injury or death, or violates a federal safety standard, it is required that manufacturers, distributors and retailers report it to the CPSC within 24 hours.