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

Chicco, USA has recalled the bases to approximately 18,000 of their infant rear-facing car seats.
Here are the  details found on the Office of Defects Investigations website:

  

Component: CHILD SEAT:BASE (INFANT)

Potential Number Of Units Affected : 18000

Summary: CHICCO USA, INC. IS RECALLING APPROXIMATELY 18,000 BASES USED IN KEYFIT AND KEYFIT 30 REAR-FACING CHILD RESTRAINT SYSTEMS AND IN CORTINA TRAVEL SYSTEMS, AND STAND-ALONE BASES FOR THESE SYSTEMS PURCHASED SEPARATELY, THAT WERE MANUFACTURED BETWEEN FEBRUARY 26 AND MARCH 17, 2008. SOME OF THESE BASES HAVE A DEFECT THAT CAN PREVENT THE BASE FROM BEING TIGHTLY SECURED TO A VEHICLE WHEN THE LOWER LATCH ATTACHMENTS ARE USED AS A METHOD OF INSTALLATION. SPECIFICALLY, WHEN A DEFECTIVE BASE IS INSTALLED WITH THE LOWER LATCH ATTACHMENT STRAPS, THE WEBBING USED TO TIGHTEN THE BASE TO THE VEHICLE SEAT CAN SLIP THROUGH THE ADJUSTMENT LOCK.

Consequence: IF THE WEBBING WERE TO SLIP DURING A VEHICLE CRASH, THE BASE COULD MOVE, POSSIBLY INCREASING THE RISK OF INJURY.

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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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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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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. 

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Evenflo has announced a recall of  over 1 million car seats. Please ensure your child's car seat is not affected.

Make / Models :		Model/Build Years:
EVENFLO / 390 (DISCOVERY)		2005-2008
EVENFLO / 391 (DISCOVERY)		2005-2008
EVENFLO / 534 (DISCOVERY)		2005-2008
EVENFLO / 552 (DISCOVERY)		2005-2008
Recall Number:	08C002000
Summary:
EVENFLO IS RECALLING 1,000,000 MODELS 390, 391, 534, AND 552 DISCOVERY CAR SEATS OR ASSOCIATED TRAVEL SYSTEMS MANUFACTURED FROM APRIL 2005 THROUGH JANUARY 2008. IN RECENT LABORATORY TESTS CONDUCTED BY EVENFLO AND NHTSA TO EVALUATE THE PERFORMANCE OF THESE SEATS IN HIGH IMPACT SIDE COLLISIONS, IT WAS REVEALED THAT THE CAR SEAT COULD POTENTIALLY BECOME SEPARATED FROM ITS BASE UNDER THESE CONDITIONS.
Consequence:
SERIOUS INJURY OR DEATH COULD RESULT IF THE CAR SEAT BECAME SEPARATED FROM ITS BASE.
Remedy:
EVENFLO WILL NOTIFY REGISTERED OWNERS AND PROVIDE A FREE SUPPLEMENTAL DUAL-HOOK FASTENER TO ENSURE THAT THE CAR SEAT REMAINS ATTACHED TO ITS BASE IN A HIGH IMPACT SIDE COLLISION SIMILAR TO THOSE IN THE RECENT TESTS. THE RECALL IS EXPECTED TO BEGIN DURING FEBRUARY 2008. TO OBTAIN THE FREE FASTENER, OWNERS SHOULD CALL EVENFLO AT 1-800-356-2229 BETWEEN 8 AM AND 5 PM EST OR ORDER ONLINE AT THEIR WEBSITE AT WWW.EVENFLO.COM/DISCOVERY.
Notes:
EVENFLO HAS NOT MADE A DECISION THAT THESE UNITS CONTAIN A SAFETY RELATED DEFECT, HOWEVER EVENFLO WILL PROVIDE A FREE SUPPLEMENTAL DUAL-HOOK FASTENER. 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.

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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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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I came across a new site  that discusses common mistakes made with car seats...With such an important child safety issue, we felt it important to post some of the information here.

Most parents understand the importance of putting their children in car seats, especially their younger kids, but reports still show that 80% of kids aren't secured correctly in a car seat.

Among the easiest mistakes to avoid is to just make sure that your child is in the correct car seat for his age and that he is facing the right direction.

• Infants should be in a rear facing infant only seat or convertible seat until they are 1 year old AND twenty pounds. Children who reach twenty pounds before their first birthday still need to face backwards and can be moved into a rear facing convertible seat. Smaller infants who don't reach 20 pounds until after their first birthday should also continue to face backwards. This is more a minimum though. Many people advocate continuing to sit toddlers rear facing in a convertible seat until they outgrow it for added safety.
• After they are twenty pounds and have passed their first birthday, toddlers can use a forward facing car seat (either a convertible, combination or forward facing seat) until they are about 40 pounds.
• Children over forty pounds should be placed into a belt positioning booster seat (either a combination seat or booster seat) and they will usually stay in it until they are at least 8 years old.
• You should not use your car's regular seat belts until they fit correctly when your child is about 80 pounds and is 4ft 9 inches tall. Remember that your child will not be ready to use regular seat belts until the shoulder strap fits across his shoulder and not his neck, and the lap belt fits across his hips and not his stomach.
• All children under 12 years of age should be placed in the back seat of the car, especially if you have passenger side air bags.

Read the entire article here.

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Recently, I overheard a conversation which reminded me about the importance of this question of car seat versus a booster seat.  As I waited for my daughter during one of her after school activities I heard  a group of mothers and fathers discussing the fact that they were switching their children to the booster seats that use the car's seat belt rather than a five  point harness.  They were discussing that this was a change they needed to make because when they pick their children up from school through the car  pool lane, it is  too difficult to find a  place to park the car, get out and buckle their children into their five point harnessed car seats. 

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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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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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Car seat installation can seem daunting.  If you are unsure about the installation of  your child's car seat,  please have it inspected...better safe than  sorry.  Click here for a link to find an inspection station near you.

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Here is yet another child seat recall report.  What is most disturbing is that Britax has in the past seemed to have a better reputation for their car seats.

Summary: CERTAIN BRITAX MARATHON CHILD RESTRAINT SYSTEMS, MODELS E9L06, E9W06, AND E906, MANUFACTURED FROM MAY 23 THROUGH JULY 28, 2006. DURING TESTING, THE TETHER HOOK OPENED WHICH FAILS TO CONFORM TO THE DYNAMIC PERFORMANCE AND CHILD RESTRAINT SYSTEM INTEGRITY REQUIREMENTS OF FEDERAL MOTOR VEHICLE SAFETY STANDARD NO. 213, CHILD RESTRAINT SYSTEMS.

Consequence: THE MANUFACTURER HAS NOT YET PROVIDED THE AGENCY WITH A DESCRIPTION OF THE CONSEQUENCE AS IT RELATES TO MOTOR VEHICLE SAFETY.

Remedy: BRITAX HAS NOT YET PROVIDED THE AGENCY WITH A REMEDY AND NOTIFICATION SCHEDULE.

Notes: CUSTOMERS MAY 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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Ever wondered if you have installed your child's car seat correctly?    This site provides many details and  graphics that may be useful when installing a car seat.  It also has many safety tips, general usage information, and things  to  remember. A couple of  important  notes, make sure that the seat belt is securely around your child, not twisted, or  loose, or too high and certainly not under  his or her arm. In addition, if your car seat is involved in a car accident, you should not reuse it.

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Booster seat versus car seat...what a dilemma. I had bought a  booster seat for our  daughter...one of the seats that utilizes the car's seat buckle.  We figured she is  five years old, most of the children in her class were using booster seats, and she meets the height  and  weight requirements for the seat.  But every time I would look in my rear view mirror, and the car was making even the  slightest of turns...there she  was moving  around...the seat essentially not doing  anything to protect her.  Then I saw this video, and realized that my worries were not unfounded.
 

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