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

The automanufacturers and their legal team don't always seem to think the rules apply to them.

The AP reviewed numerous cases around the country in which Toyota's actions were evasive, and sometimes even deceptive, in providing answers to questions posed by plaintiffs. Court rules generally allow a person or company who is sued to object to turning over requested information; it's permitted and even expected that defense attorneys play hardball, but it's a violation to claim evidence does not exist when it does.

Suing  foreign car manufacturers is difficult on many levels. Often times they claim the difficulty of producing certain documents or people for deposition due to the fact that they are in Japan or another foreign country. Other times, they claim the documents requested do not exist, and it is very difficult to just get a court order to go in there and search for the records the plaintiff needs to prove her case.

"They've used the Pacific Ocean as a great defense to producing documents," said Graham Esdale, a lawyer in Montgomery, Ala., who has sued Toyota. "If Ford or General Motors tells you something and you don't believe that it's right, you can get a court order to go get access to the documents instead of relying on them. We can just go there and start poring through documents. We don't have that with the Japanese manufacturers."

Now having said all that, even with the difficulties we face in bringing a case against foreign manufacturers - it can be done. And frankly, our clients who have suffered harms due to negligence on the part of these companies deserve the opportunity to bring their case forward.

If you would like to discuss your potential claim, please feel free to contact us at 1-877-829-7211.

How do I know if my child’s pajamas are safe?

The most important thing is to check the label on your child’s pajamas. If the label says “Flammable”, “Inflammable”, or “Combustible”, the garment will burn quickly and easily. If the label says “Non-flammable”, “Non-combustible”, or “Fireproof”, the garment will not burn. If the label says “Fire resistant”, “Fire retardant”, “Flame resistant”, or “Flame retardant”, the garment will be slow to ignite, slow to burn, and may even extinguish itself if the source of heat is removed. Loose fitting pajamas will catch fire more easily than ones that have a more snug fit. Also be sure to read the care label on your child’s pajamas. Some detergents and fabric softeners can cause build-up on the fabric, decreasing the level of fire resistance the garment was originally made with. Always follow care instructions carefully.

What should I do if my child’s clothes catch on fire?

Take action immediately. Wasted seconds can add significantly to the level of injury sustained by fire. Tell your child to STOP, DROP and ROLL. Most children have learned this method in school. Its always a good idea to practice it at home as well, as soon as your child is old enough to understand what it means. If your child is too young to roll on his or her own, use a wool blanket or coat to cover your child and smother the fire out. Remove your child’s clothing, except in places where it may be stuck to the skin. If you are inside a burning building, be sure to get everyone out immediately. Then call 911.

For more information on fabric flammability, and facts that could keep your family safe, please visit this website.

At the law offices of D. Hardison Wood, we are committed to protecting and fighting for the safety and legal rights of children. If your child has suffered injury as a result of unsafe, flammable pajamas or other fabrics, please contact our office at your earliest convenience, as you may have a claim against the manufacturer. Contact us today at 1-877-829-7211.
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