Pourable Gel Fuel Recalled

The CPSC announced today that nine different manufactures and distributors are recalling more than 2 million units of pourable gel fuel due to serious burn injury risks. The recall involves:

Bird Brain Inc., Bond Manufacturing, Sunjel Company, Fuel Barons, Inc., Lamplight Farms, inc., Luminosities, Inc., Pacific Decor Ltd., Real Flame, and Smart Solar Inc.

The pourable gel fuel can ignite unexpectedly and splatter onto people and objects nearby when it is poured into a firepot that is still burning. CPSC is aware of 65 incidents resulting in two deaths and 34 victims who were hospitalized with second and third degree burns of the face, chest, hands, arms or legs.

 

Of the 65 incidents, 28 of them, including 37 burn injuries and two fatalities, occurred with fuel gel products made by Napa Home & Garden, which conducted a recall of its products in June 2011, in cooperation with CPSC. Also in June, CPSC issued a press statement alerting consumers to the hazards of pourable gel fuels. All pourable gel fuel, regardless of manufacturer, poses flash fire hazards. (More)

The product has been reportedly sold since 2008 and ranged in price from $5 to $20.

If you have suffered burn from a product defect, protect your legal rights. Contact the Law Office of D. Hardison Wood so we may investigate if a product defect exists. Call us 919.233.0520.

 

Design Defect

What really do we mean by design defect? A design defect is an inherent problem with a product’s design that makes it dangerous regardless of its manufacturing quality. A design defect generally exists according to the courts, if either the product is unreasonably dangerous the way it is designed or if the product is not safe for its intended use or its foreseeable uses.

In the law of products liability, a design defect exists when a defect is inherent in the design of the product itself. In a products liability case, a plaintiff can only establish a design defect exists when he proves there is hypothetical alternative design that would be safer that the original design, as economically feasible as the original design, and as practical as the original design, retaining the primary purpose behind the original design despite the changes made. (Cornell Law)

 

For instance, if a car catches on fire when being driven at a low rate of speed. A court may find that the product is unreasonably dangerous as cars should not be catching on fire at low rates of speed. Now let’s take that same example of a car. However, this time the car catches on fire after hitting something or being hit by another vehicle. A court may find that a vehicle hitting another object or being hit by another object is foreseeable and therefore a design defect exists if the car manufacturer does not use alternative design options available to limit the injury a passenger might face. Further most automotive engineers concur that a car’s occupant should not suffer personal injuries from a fire if the crash is an otherwise survivable one.

Other design defects can be found in brakes, tires, roof stability, car seats,  seat belts and more. Design defects are often the cause of serous injury. If you or a loved one has been hurt due to a product defect or because of the negligence of someone else contact the Law Office of D. Hardison Wood today at 919.233.0520. We want to discuss your potential legal claim with you.

Police warn of defect in gun

This past week a little boy in Raleigh was accidentally shot by a pellet gun. The child's grandfather was checking to ensure the safety was on, and by accident hit the trigger. The pellet apparently went the the child's eye and lodged in his brain. He died from his injuries. Following his death the Raleigh Police are warning about a defect in the gun.

The boy's grandfather, Daniel Henry, was shooting at squirrels outside and placed his pellet gun at the foot of the stairs when he came back inside, the family said. As Ty-Rion was coming downstairs, Henry checked to make sure the gun's safety latch was on, and he accidentally hit the trigger, shooting the boy.
Lt. Andy Murr of the Raleigh Police Department said the safety on the pellet gun is immediately in front of the trigger. Several manufacturers have a similar design, Murr said, and police want to make the public aware of the issue. Other guns have safety latches in different places, he said. (Read the story here)

 

It seems very dangerous to place the safety in such close proximity to the trigger. It would appear that there are safer alternative designs, especially if other guns have their safety latches placed elsewhere.

If you or a loved one has been a victim of personal injury due to a product defect contact the Law Office of D. Hardison Wood at 919.233.0520. Let's discuss your legal options.

$1.85M Verdict Against Nissan Stands

In 2007 a lawsuit was filed against Nissan deeming the Pathfinder in the matter not crashworthy. What does that mean when a car is considered not crashworthy? It is simple - the car was unable to protect its occupants in a foreseaable collision. In this instance, the lawsuit claimed the Pathfinder

was missing safety design features that Nissan was well aware of at the time, such as airbags and other advanced safety restraint features.

The complaint also argued that Nissan knew the Pathfinder was unreasonably dangerous and defective, because the vehicle had poor crash test performances, real world incidents and a high death rate.

 

In this particular case, the Pathfinder was struck by another vehicle after it had been involved in a crash - the left front tire was driven through the firewall and into the driver's side footwell causing severe injuries to the plaintiff. The Texas jury found Nissan responsible for Plaintiff's injuries. Nissan tried to appeal the decision, the court upheld the $1.85 Million verdict. Read more

If you or someone you know has been injured due negligence of another, contact the Law Office of D. Hardison Wood today. 919-233-0520 or toll-free 1-877-829-7211.

 

Toyota Recalls More Vehicles

Another 1.09 million Toyota vehilces have been added to the massive recall. The Toyota recall is also now reaching beyond the US. Toyota announced recalls in China and Europe.

Additionally, lawmakers have now said that they want to review consumer complaints of unintended acceleration as reported in the Toyota vehicles. They plan on having his hearing on Feb. 25th.

House lawmakers, meanwhile, said they intend to hold a Feb. 25 hearing to review the complaints of sudden unintended acceleration in Toyota vehicles. "Like many consumers, I am concerned by the seriousness and scope of Toyota's recent recall announcements," said House Energy and Commerce Committee Chairman Henry Waxman, D-Calif. (msnbc)

Although, Toyota had originally said the unexplained acceleration was related to the floor mats, they are now looking towards the actual pedals manufactured by CTS, who also makes pedals for many other car companies.

Toyota dealers in the U.S. have been swamped with calls from concerned owners but had few answers as the recalls snowballed. Elkhart, Ind.-based CTS Corp., which made the parts...

...No decision has been made yet on whether to repair the pedals or replace them altogether, he said, and he would not estimate how long it will take for customers to see action.

CTS also makes pedals for Honda Motor Co., Mitsubishi Motors, Nissan Motor Co. and Ford Motor Co. in China, but the company said pedals made for those manufacturers don't have the same design. Still, Ford on Thursday halted production of some full-sized commercial vehicles in China because they contain CTS gas pedals.

If you have been affected by these product defects, please contact our office immediately to discuss your potential matter.

 

Child Product Recalls

January, so far, has proven to be a month of major recalls involving child products. While it is a positive sign that these products are being recalled, the major concern is people who own these products will not hear about the recall and will continue to use these dangerous products with their children. The fact that these unsafe products are making it into the marketplace is a huge issue.

Graco announced a recall of nearly 1.5 million strollers due to a potential finger amputation risk. The Graco Passage, Alano and Spree strollers and travel systems were involved in this recall. The hinges on the stroller’s canopy posed a dangerous risk to children’s fingers, either leading to fingertip amputation or serious laceration. The specific model numbers can be found here.

In addition, to Graco’s recall, Dorel Asia cribs recalled approximately 635,000 cribs due to an entrapment and strangulation risk with their cribs. The drop sides of the cribs have hardware which could fail, causing the drop side to fall, leaving space where a child can become entrapped, suffocate or be strangled. The damage can occur at anytime, in use, in storage, or even while it is being shipped or assembled. A list of the affected models can be found here. Immediately stop using the crib and find an alternative, safer sleeping environment.
 

If your child has suffered injuries from a product failure, please contact us immediately. call 24/7 at 1-877-829-7211.

Maclaren Strollers Recalled

Approximately one million Maclaren strollers have been recalled after 12 reports of children's finger tips being amputated on a hinge found on the strollers. The recall involves both the single and double umbrella strollers sold between 1999 and 2009.

The models involved are Volo, Triumph, Quest Sport, Quest Mod, Techno XT, TechnoXLR, Twin Triumph, Twin Techno, and Easy Traveller.

Should you have been injured by a product such as this, please contact our firm immediately to discuss your potential claim at 1-877-829-7211.

 

 

Evenflo Car Seat Recall

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
 
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.
 
SERIOUS INJURY OR DEATH COULD RESULT IF THE CAR SEAT BECAME SEPARATED FROM ITS BASE.
 
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.
 
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.

2007 Toyota Tacoma Under Investigation

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.
Of course the initial  reaction  on the car company's  part would be want to  blame it on driver error.  But of important  note :
But even Toyota found a problem unrelated to driver error in other models. During the course of this Channel 4 investigation, Toyota announced an equipment recall for "all weather floor mats" in the 2007 and 2008 Camry and Lexus 350 automobiles. Toyota said that those floor mats could come loose and slip onto the gas pedal.
As this story says, many drivers will never even report the problem, and simply get rid of the truck.  It is important  that if  there is an issue with the  vehicle, it be reported, not just forgotten. The reports are necessary to ensure a thorough investigation occurs in order to remedy the situation if there truly is a product defect.
Read the entire story.