Vehicle Fires- A True Risk to Drivers

U.S. statistics show that in 2006, vehicle fires were to blame for “an estimated 490 deaths, 1,200 injuries and $1.3 billion in property damage“. These numbers are staggering. They become even more so when you consider that “three-quarters of highway vehicle fires resulted from mechanical or electrical failures or malfunctions”. This ultimately means that the majority of the deaths, injuries and property damage sustained by vehicle fires could have been avoided altogether, if only the vehicle’s manufacturer had produced a malfunction-free, fire-safe car for the market.

Until stricter guidelines are made mandatory for car manufacturers, vehicle fires will continue to occur. At times, these accidents can happen unexpectedly, without warning or notice, and even without a collision. It is wise to educate yourself on steps you can take to prevent these fires, and what to do should you become a vehicle fire victim. Here are a few tips to keep in mind:

-Maintain your vehicle well. Have repairs done as needed. Have your vehicle inspected at least once a year.

-Keep up-to-date on recalls that pertain to your vehicle. For example, the latest Honda Fit recall is due to a fire hazard that can be caused just from having water leak in through the window.

-Be aware of the noises your car makes. Make an effort to turn down the radio and just listen to the way your car is running from time to time. Anything that sounds out of the ordinary is worth getting checked out.

-Periodically check for wear and tear on your vehicle. Be sure all bolts and wiring are secure. Check for cracked pipes or hoses. If anything is out of place or appears worn out, have it repaired as soon as you can.

-If your car does catch on fire, pull over to the side of the road. Turn the car off. Get everyone out of the vehicle, and move at least 100 feet away. Keep everyone together and away from the road or highway. Call 911.

-Do not attempt to open the hood of a burning car.

-Do not attempt to put the fire out of a burning vehicle. Statistics show that “one-third of non-fatal highway vehicle fire injuries occurred when civilians attempted to fight the fire themselves”.
 

For more information on vehicle fires and the risk they impose on drivers and their families, please visit:

http://www.nfpa.org/categoryList.asp?categoryID=1123&URL=Safety%20Information/For%20consumers/Vehicle%20fires&cookie_test=1

http://www.firehouse.com/forums/showthread.php?t=74895

http://www.nfpa.org/assets/files//PDF/Research/VehicleFires.pdf

Vehicle fires are serious accidents that can leave victims disfigured or disabled for the rest of their lives. Many times the financial loss of a vehicle or other property damage becomes an enormous burden for families. And of course, no one can replace the innocent lives that these catastrophic accidents claim. If you have been injured or suffered loss as a result of a vehicle fire, don't forget you may have a  legal claim against the manufacturer. Without a doubt the manufacturer will try to lay blame elsewhere, as seen in the Toyota incidents, and create illusions that make your story seem false 

But the lawmakers questioned whether Toyota had fully explored the problem. According to the committee's review of 75,000 documents from Toyota, including 20,000 in Japanese, the automaker dismissed many sudden acceleration complaints as driver error.

After the launch of probes by two committees, Toyota hired an outside engineering firm, Exponent, to run tests on its electronic throttle controls. Executives later cited an interim report by Exponent finding no fault with the controls as evidence that the system worked as designed.

But the committee said Exponent only tested six vehicles and did not conduct any testing of real-world interference. Two outside experts who reviewed the report said it was so limited it was of little value. (read more)

However, your legal rights should not be forgotten. If you or a loved one have suffered loss or injury as a result vehicle fire, we’d like to help. Please contact the law offices of D. Hardison Wood to speak with an attorney who will fight to make sure your rights are protected.
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Cosco CRS Recall

A recall has been issued for Cosco Child Restraint Systems manufactured by Dorel Juvenile Group. The units under this recall were manufactured from March 15 to August 1, 2002. There are 54,400 units that could potentially be affected, so please be sure to check the model number on your child’s CRS if you have purchased a Cosco car seat or booster seat.

The model numbers included in this recall can be found here.
 

These models were found to have webbing on the harnesses that was not strong enough to withstand significant exposure to sunlight. The webbing, if exposed to substantial amounts of sunlight, may degrade to the point that it is no longer able to provide adequate protection to a child in the event of a collision.

This safety recall is expected to begin on or about February 2, 2010. Dorel Juvenile Group will be contacting all owners who have registered their CRS, and will send replacement kits, along with instructions, free of charge.

Owners may call Dorel Juvenile Group toll free at 1-866-690-2539. You may also call the National Highway Traffic Safety Administration’s Vehicle Safety Hotline at 1-888-327-4236, 1-800-424-9153, or visit www.safercar.gov.

If your child has been injured as a result of this defective child restraint system, please call our office at 1-877-829-7211 to discuss your potential claim.
 

 

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Booster Seat Installation

If you are a parent, it is likely that ensuring your child’s safety is among your top priorities. The most precious cargo traveling in your vehicle is your child, and it is vital that we, as parents, take the precautions necessary in order to keep that cargo as safe as possible.

Statistics show that in the 1990s, eighty percent of children riding in car seats and booster seats were improperly restrained. In 2005, a new study was conducted that found that 72.6 percent of the children observed were restrained improperly. The most common misuses found were loose harness straps holding the child in place, and loose seat belts holding the CRS (Child Restraining System) itself in place. Twelve percent of the children studied were not restrained at all.

Your child’s booster seat could be a key factor in saving his or her life in the event of a car crash. However, booster seats can only be useful if they are installed correctly and used properly on a day to day basis. The first step in ensuring safety for your child on the road is correct installation of the booster seat.

Useful tips for a successful booster seat installation can be found here and here.

Once your booster seat is installed, it is a good idea to make sure the installation was a safe and successful one. Go to www.seatcheck.org or call 1-866-SEAT-CHECK to find an inspection center near you. Trained and certified child safety seat technicians are there to ensure your child will be safe in his or her new booster seat.

If your child has been injured due to booster seat malfunction or incorrect installation, please call us at 1-877-829-7211 to discuss your potential claim.
 

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.

Booster Seat Safety

Car accidents are the greatest risk to a child’s life. Each year, 250,000 children are injured in car accidents in the US alone. Car accidents are reportedly the number one cause of death in children ranging from 2 to 14 years of age. 

Booster seats have proven to significantly reduce the number of car accident injuries and fatalities among children, and according to National Highway Traffic Safety Association’s Fatality Analysis Reporting System, the numbers have been steadily declining since 1997. Correct installation and proper use of booster seats can help to reduce the numbers further, and keep our children safe.

In North Carolina, the law states that children must use booster seats until they are 8 years old and weigh at least 80 pounds. The penalty for not having your child properly restrained is $25. This, of course, is no comparison to the price that would be paid if a child were found unrestrained at the time of an accident.

The North Carolina Child Passenger Safety Law can be viewed here.

 

A short summary of the law can be viewed here.

 

For Frequently Asked Questions about the NC Child Passenger Safety Law, go here.

 

If your child has been injured in a car accident or as a result of a faulty booster seat, please call the law offices of D. Hardison Wood at 1-877-829-7211.

 

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Registration Requirements for Toddler/Infant Products

The CPSC unanimously approved a new rule requiring maufacturers of toddler/infant durable goods to establish and maintain a registration card program. Ths includes:

18 product categories: full-size cribs and nonfull-size cribs; toddler beds; high chairs, booster chairs, and hook-on chairs; bath seats; gates and other enclosures for confining a child; play yards; stationary activity centers; infant carriers; strollers; walkers; swings; bassinets and cradles; children’s folding chairs; changing tables; infant bouncers; infant bathtubs; portable toddler bed rails; and infant slings

The rule specifically states what information the manufactuers must maintain. This is in an effort to make distribution of recall information faster and more efficient. Read the www.cpsc.gov/cpscpub/prerel/prhtml10/10093.htmlnotice here.

Even Flo Recall

Approximately 3728 Even Flo First Choice Infant Restraint systems, model 3604098, are being recalled. They were manufactured between January and September 2009. They fail to meet the federal requirements for labels on child restraint systems. As with all child restraints systems, there are required labels that must remain on the restraint seat always. Those labels must include information to register the seat, NHTSA information, and certification the seat complies with federal safety standards.

If your child has been injured due to a failed child restraint system, please contact our office to discuss your matter.

CPSC's Town Hall Meeting on Toy Safety

The CPSC held a town hall meeting in New York this week to discuss toy safety and the new federal regulations involving toys. Chairman Tenebaum is hoping that the new standards instituted this year will help parents, grandparents and others in their toy selections this holiday season. Some of the new regulations over the past year are:

* federal limits for lead in paint on children's toys dropped to 90 parts per million, which is among the lowest in the world;

* toys for children 12 and younger must now be tested and certified that they meet the new lead in paint limits;

* children's toys cannot be made or sold with more than 300 parts per million of total lead;

* children's toys cannot be made or sold with more than 0.1% of six prohibited phthalates;

* and most children's toys now fall under mandatory standards, instead of voluntary ones.
 

At the town hall meeting, some stats for the past two years were discussed.

So far in calendar year 2009, CPSC has had 38 toy recalls, which is down from 162 in 2008 and 148 in 2007. Toy recalls involving lead paint are also down. This year there has been 14 recalls involving lead, down from 63 in 2007 and 85 in 2008. CPSC attributes this decline to increased enforcement at the ports, cooperation with other nations, consumer awareness and education and compliance by the industry with new federal safety rules.

For 2008, the Commission has reports of 19 toy-related deaths and about 172,700 hospital emergency room treated toy-related injuries  to children under 15. Almost half of these injuries, approximately 82,300 were to children younger than 5 years of age. Most of the deaths were associated with drowning, motor vehicle involvement, or airway obstruction from a small toy or small part of a toy.
 

If your child has suffered an injury, please contact our office to discuss your potential legal matter. We can be reached toll-free 1-877-829-7211 or by email contact@hardisonwood.com.

Audi Recall

Audi has issued a recall of approximately 10,200 Audi A3, TT, and TT Roadster models for involving MY 2006 through 2010. It appears there may be an issue a spring found in the fuel tank ventilation valve, leading to its inability to close during extreme driving conditions. when not closed, fuel can leak out, and with an ignition source, could lead to a car fire.

VOLKSWAGEN IS RECALLING CERTAIN MODEL YEAR 2006 THROUGH 2010 AUDI A3, TT, AND TT ROADSTER PASSENGER VEHICLES MANUFACTURED BETWEEN SEPTEMBER 29, 2005 AND AUGUST 26, 2009. THE CLOSING FORCE OF AN INTERNAL SPRING OF THE FUEL TANK VENTILATION VALVE IS NOT ADEQUATE ENOUGH TO HOLD THE VALVE CLOSED UNDER EXTREME DRIVING CONDITIONS POSSIBLY ALLOWING FUEL TO LEAK.

 

If you have had a car fire and would like to discuss your situation with our firm, please contact us immediately at 919.233.0520.

Pacifier Warning

The CPSC issued a warning to stop using "My Baby Soother" pacifiers due to a choking hazard. The company that distributes these pacifies, T & L Trading, has refused to recall them. Approximately 16,500 pacifiers have been sold. The pacifiers do not meet federal safety standards and the nipple can separate from the base posing a serious choking hazard.

The U.S. Consumer Product Safety Commission (CPSC) is urging parents and caregivers to immediately stop providing “My Baby Soother” pacifiers to their children. The pacifiers were distributed by T & L Trading Corp., of Brooklyn, N.Y. The pacifiers failed to meet federal safety standards because the nipples can separate from the base easily, posing a choking hazard to infants and toddlers.

To read the entire posting on the CPSC website as well as view pictures of the pacifiers involved, please click here.

Nissan Rogue Recall

Nissan announced yet another recall of some of its Model Year 2008-2009 Rogues. This recall could affect approximately 163,659 units and involves a screw in the steering gear cover that may loosen and fall out, potentially resulting in complete loss of steering.

THE SCREW MAY EVENTUALLY COME OUT OF THE STEERING GEAR COVER. IF LARGE STEERING INPUTS ARE MADE WITH THE COVER SCREW MISSING THE PINION SHAFT MAY COME OUT OF THE STEERING GEAR RESULTING IN A COMPLETE LOSS OF STEERING CONTROL AND INCREASING THE RISK OF A CRASH.

This is yet another recall in a line of them involving the Nissan Rogue. Other recalls have involved problems with the software in the electrical system announced in October 2008, an air bag sensor issue in the passenger side causing the air bag to fail in deployment which was also announced in October 2008, and a tire pressure monitoring system issue leading to potential crash hazard, reported October 1, 2009.

If you have been the victim of a product defect, and would like to discuss your matter, please contact us at 919-233-0520.

Toyota Recall

Toyota will be recalling nearly 3.8 million Toyota and Lexus vehicles. The report cites this recall will be in an effort to fix a safety problem where floor mats are jamming the accelerator. The unsecured floor mats are allegedly either getting caught or somehow jamming the accelerator to a point where the vehicles are speeding out of control. Some of these vehicles have led to horrible crashes killing innocent occupants. A recent crash has finally prompted Toyota to take some action according to NHTSA. Of course it remains to be seen if it truly is the floor mats causing these problems or if it possible there are other issues with these vehicles.

The impending U.S. recall, the largest in Toyota's ( TM - news - people ) history, followed a horrific crash last month in San Diego in which a mat was suspected of snagging a gas pedal on a runaway Lexus, ending with a fiery crash that killed four family members.

The recall will invlove the following models:

The affected vehicles include 2007-2010 Camry, 2005-2010 Avalon, 2004-2009 Prius, 2005-2010 Tacoma, 2007-2010 Tundra, 2007-2010 Lexus ES 350 and 2006-2010 Lexus IS 250 and IS350

To read the entire article click here.

Tougher Braking Standards for Trucks

Trucks are involved in approximately 400,000 crashes each year according to the Federal Motor Carrier Safety Administration. NHTSA announced that it is going to require tougher braking standards on large trucks. The standard will govern the distance within which a truck traveling at 60 mph must stop.

The new standard requires that a tractor-trailer traveling at 60 miles per hour come to a complete stop in 250 feet. The old standard required a complete stop within 355 feet.

The press release says this standard will begin with the 2012 model year vehicles.The newstandard will not apply to single unit trucks, trailers and buses but rather only to truck tractors.

If you or a loved one has been involved in a truck accident and you would like to discuss it further, please call us 1-877-829-7211.

 

Chrysler Product Defect Cases

When Chrysler filed for bankruptcy, individuals who has products claims against the manufacturer were barred from bringing their claim if it involved a product that was manufactured prior to the bankruptcy filing. This barred many people from recovering for their injuries. Now Chrysler has agreed to allow claims for products manufactured prior to the bankruptcy filing. However, they are only accepting claims that occurred Chrysler emerged form bankruptcy.

The automaker said it will now consider product-related lawsuits from consumers involved in accidents that occurred after Chrysler emerged from bankruptcy protection in June that involve vehicles manufactured by the old company.

Joanne Doroshow, executive director of the Center for Justice and Democracy, said Chrysler had "responded to pressure from injured victims and consumer groups and we commend them for taking this important step to protect public safety."

Doroshow said that "while this decision is a victory for consumers, there are still hundreds of people who were injured before the bankruptcies by defective Chrysler and GM vehicles that still have no recourse because the companies continue to take no responsibility for pre-bankruptcy deaths and injuries."

To read the entire article click here. If you have been injured by a product defect contact us.

New Roof Crush Standards

Roof crush standards currently require that the roof withstand 1.5 times its weight in a roll over. However, that is not strong enough to help occupants necessarily survive one of the deadliest types of crashes: car rollovers which kill approximately 10,000 people a year. Now, the US Transportation Secretary, Ray LaHood announced new tougher standards.

The new regulation from the National Highway Traffic Safety Administration will double the current roof strength requirement for light vehicles weighing up to 6,000 pounds. It specifies that both the driver and passenger sides of the roof must be capable of withstanding a force equal to three times the weight of the vehicle.

The current standard calls for roofs to withstand 1.5 times the weight of the vehicle, applied to one side of the roof, for light vehicles up to 6,000 pounds.

Heavier vehicles from 6,000 to 10,000 pounds, which have never been regulated, must now have both sides of the roof capable of withstanding a force equal to 1.5 times the weight of the vehicle.

According to the news release the phase in for these new standards will begin in 2012 and should be completed with the 2017 model year vehicles. The final rule can be found here.

If you or someone you know has been hurt in a motor vehicle crash and feel we can assist please contact us at 919-677-0144.

Pool Safety

With the unofficial start to summer kicking off this holiday weekend, we felt it important to revisit an issue we discussed before: pool and spa safety and drains. New regulations have gone into effect requiring newer safer drains.  Older drains have long since caused children to become entrapped, either causing severe bodily injury or death. The CPSC issued a new report today on pool and spa safety and revisited the drain issue.

New data (PDF) from CPSC also shows that from 1999 through 2008, there were 83 reports of pool and spa entrapments, including 11 deaths and 69 injuries. Since 1999, 14% of the reported suction/entrapment incidents at pools or spas were fatal.

The Pool and Spa Safety Act (P&SSAct) went into effect on December 19, 2008 and requires all public pools and spas to have anti-entrapment drain covers, and in certain circumstances, an additional anti-entrapment system. CPSC has prioritized public wading pools, kiddie pools and in-ground spas as the key areas of focus for enforcement and has called upon state departments of health to assist the agency in enforcing the law.

CPSC is also announcing the launch of a new Web site - www.PoolSafety.gov - which serves as a valuable source for information about the P&SSAct and drowning prevention. The new site provides information for the general public, the swimming pool and spa community, state and local officials, and the media.

Child safety is a paramount concern- please keep a careful eye on your children as they swim and play near pools and spas this summer.

If your child is ever injured by a product defect or otherwise, and you would like ot disuss it, feel free to contact our firm at 919-677-0144. Child safety is something we focus on, and something that is extremely important to us.

Safety 1st Stair Recall

 

The CPSC issued a recall announcement February 4, 2009 involving approximately 100,000 Safety 1st SmartLight Stair Gates. Apparently the hinges which are to hold the stair gate in place can break which poses a serious fall hazard for children if the gate is at the top of the stairs.

Description: The recall involves the Safety 1st SmartLight Stair Gate with model number 42111, which is printed on a sticker under the handle panel. The gates, which were manufactured before December 31, 2007, are white metal with a gray handle and a motion sensor nightlight that illuminates on approach. The manufacture date is located below the gate's handle as a date wheel imprinted in the plastic; an arrow indicates the month, and the year is stamped inside the circle. The manufacture date is also printed on a sticker inside the battery door.

Sold at: Mass merchandise and juvenile product stores nationwide, including Babies R Us and Wal-Mart, from January 2005 through December 2007 for about $60.

For the entire notice visit the CPSC website.

 

Additionally, on Friday a notice for the recall was announced for Playland International Swing Sets. About 700 swing sets were recalled due to a fall hazard.

Hazard: The metal around the weld at the top of the swing frame can fail, causing the top bar to fall, posing a fall and impact hazard to the user or by-standers.

Incidents/Injuries: The firm received one report of a child who suffered a head injury as a result of being struck by the top of the bar on the swing.

Description: The recalled includes swings sets with a 3.5 inch arch swing frame and a 3.5 inch top metal bar. The recalled swing sets come in red, orange, yellow, blue, tan, white, black , brown, teal, green, fuchsia, burgundy and purple.

See the entire notice here.

Children's Product Safety Laws Take Effect

Beginning February 10, 2009, children's products cannot be sold if they contain more than 600 parts per million (ppm) lead even if they were manufactured before this date. The total lead limit will drop again August 14, 2009 to 300 ppm.

The new law requires that domestic manufacturers and importers certify that children’s products made after February 10 meet all the new safety standards and the lead ban. Sellers of used children’s products, such as thrift stores and consignment stores, are not required to certify that those products meet the new lead limits, phthalates standard or new toy standards.

The new safety law does not require resellers to test children’s products in inventory for compliance with the lead limit before they are sold. However, resellers cannot sell children’s products that exceed the lead limit and therefore should avoid products that are likely to have lead content, unless they have testing or other information to indicate the products being sold have less than the new limit. Those resellers that do sell products in violation of the new limits could face civil and/or criminal penalties. For additional information visit www.cpsc.gov

 

This new law was signed in August of 2008, and it almost made it illegal to see recalled products. If a reseller attempts to sell a recalled product he/she can held liable for both criminal or civil penalties.

These new regulations can be very confusing. The CPSC added this notice on January 30, 2009.

CPSC Grants One Year Stay of Testing and Certification Requirements for Certain Products

WASHINGTON, D.C. - The U.S. Consumer Product Safety Commission voted unanimously (2-0) to issue a one year stay of enforcement for certain testing and certification requirements for manufacturers and importers of regulated products, including products intended for children 12 years old and younger. These requirements are part of the Consumer Product Safety Improvement Act (CPSIA), which added certification and testing requirements for all products subject to CPSC standards or bans.

Significant to makers of children's products, the vote by the Commission provides limited relief from the testing and certification requirements which go into effect on February 10, 2009 for new total lead content limits (600 ppm), phthalates limits for certain products (1000 ppm), and mandatory toy standards, among other things.

The decision by the Commission gives the staff more time to finalize four proposed rules which could relieve certain materials and products from lead testing and to issue more guidance on when testing is required and how it is to be conducted.

The stay will remain in effect until February 10, 2010, at which time a Commission vote will be taken to terminate the stay.

The stay does not apply to:

    • Four requirements for third-party testing and certification of certain children's products subject to:
    • Certification requirements applicable to ATV's manufactured after April 13, 2009.
    • Pre-CPSIA testing and certification requirements, including for: automatic residential garage door openers, bike helmets, candles with metal core wicks, lawnmowers, lighters, mattresses, and swimming pool slides; and
    • Pool drain cover requirements of the Virginia Graeme Baker Pool & Spa Safety Act.

The stay of enforcement provides some temporary, limited relief to the crafters, children's garment manufacturers and toy makers who had been subject to the testing and certification required under the CPSIA. These businesses will not need to issue certificates based on testing of their products until additional decisions are issued by the Commission. However, all businesses, including, but not limited to, handmade toy and apparel makers, crafters and home-based small businesses, must still be sure that their products conform to all safety standards and similar requirements, including the lead and phthalates provisions of the CPSIA.

Handmade garment makers are cautioned to know whether the zippers, buttons and other fasteners they are using contain lead. Likewise, handmade toy manufacturers need to know whether their products, if using plastic or soft flexible vinyl, contain phthalates.

The stay of enforcement on testing and certification does not address thrift and second hand stores and small retailers because they are not required to test and certify products under the CPSIA. The products they sell, including those in inventory on February 10, 2009, must not contain more than 600 ppm lead in any accessible part. The Commission is aware that it is difficult to know whether a product meets the lead standard without testing and has issued guidance for these companies that can be found on our web site.

The Commission trusts that State Attorneys General will respect the Commission's judgment that it is necessary to stay certain testing and certification requirements and will focus their own enforcement efforts on other provisions of the law, e.g. the sale of recalled products.

If you have a child child safety concern and believe your child's legal rights may have violated, feel free to contact us to discuss your matter.

 

Explorer Rollover Deaths

According to an article we recently read, a new report, Ford Explorers in Fatal, Tire-related Crashes: Before and After the Firestone Recall, written by Randy and Alice Whitfield, discussed the finding that approximately 65% of  501 deaths occurred after the Bridgestone-Firestone Wildnerness ATX tire recall - which is what was blamed for 173 Explorer rollover deaths in 2000.  Apparently for two years following the recall, there was a decline in Explorer rollover deaths. However, after those initial two years, the death toll started to rise again. One could possibly conclude that a long-term solution to the tires and rollover related deaths has not yet been achieved.  One might also question, is there a deeper vehicle related issue.

Continuing to look at the tires is important, but also it may be important to look toward the steering mechanisms in the SUV, especially those in tire failure situations.

Child Product Recalls

Recalls of children's furniture and products abounds this month.

Evenflo recalled their Majestic highchairs due to fall and choking hazards:

Hazard: Plastic caps and metal screws on both sides of the high chair can loosen and fall out, posing both fall and choking hazards to children. Plastic caps and screws that become loose and fall out can cause the seatback to suddenly fall back or detach from the high chair. Children can fall out or collide with objects and suffer broken bones, abrasions, cuts and bruises. Detached plastic caps and metal screws also pose a choking hazard to children.

Incidents/Injuries: Evenflo has received 140 reports of seatbacks reclining, falling back and/or detaching unexpectedly, which resulted in at least 47 reports of bumps and bruises to the head, two reports of broken bones, and at least 45 reports of other injuries including abrasions, cuts, and bruises. Evenflo has received more than 1,000 reports of plastic caps and screws falling out of the high chairs, including seven incidents in which caps and screws were found in children’s hands or mouths but were removed before choking occurred.

 

For more information on the Evenflo Majestic high chair recall please see the CPSC website here.

Lead paint is still a major issue with multiple products. As you look for furniture or holiday gifts for your children, please keep that in mind.

As a matter of fact, today, Munire recalled approximately 3,000 cribs and 6,000 pieces of matching furniture in the Newport Rubbed Black editions due to lead violations.

Hazard: The red paint which is underneath the black finish paint on some of the cribs and matching furniture exceeds federal lead limits. If ingested by young children lead can cause adverse health effects.

Incidents/Injuries: Munire has received one report of a child ingesting the paint. The child was diagnosed with lead poisoning.

For more information on this crib/furniture recall visit the CPSC website here.

In addition, Woodstock Percussion Inc.recalled approximately 2,800 toy drums due to a lead paint violation.

Hazard: Surface paint on the recalled toy drums contain excessive levels of lead, violating the federal lead paint standard.

To read the full notice, please click here.

Last week, Xtreme Toy Zone recalled about 480 toy dinosaurs due to a lead paint standards violation.

Hazard: Surface paint on the toy dinosaurs can contain excessive levels of lead, violating the federal lead paint standard.

Read the full notice here.

 

Widow Files Lawsuit against GM and Continental Tire Company

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.

Roof Crush - Standards Lacking

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."

Huge Crib Recall

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

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

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

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

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.

Soccer Goals Recalled

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.

Bassinet Warning

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.

Back to School

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

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.

Crib recalls

Yesterday, August 5, the CPSC announced two separate recalls involving cribs. Both have been recalled because they do not meet the minimum federal safety standards.
The cribs involved int he recall are 1300 units made by Mother's Hubbard's Cupboard's of Toronto, Canada, and 500 units made by Baby Appleseed of California.

Far too often products such as the cribs listed above make it into the market place while they fail to meet safety requirements. For instance child safety seats are self policed. That means the manufacturers have the "minimum" standards they are required to meet and they self test to see if their safety seat meets those requirements.

If your child has been hurt by a product such as a crib, child safety seat or other product and you feel we may be able to assist you please contact us.

Crocs Lawsuit

A lawsuit was recently filed in federal court in Kentucky. The mother who filed the lawsuit alleges that crocs which her daughter was wearing got caught in an escalator, which then shredded the shoe and consequently ripped off skin and breaking three toes.
The mother, Alison Cox Pregliasco, said her daughter's foot was caught in the escalator and permanently injured on June 4. Once the shoe was shredded, the escalator ripped the skin off the child's big toe and broke that toe and two others, according attorney Andrew Laskin.
There have been several stories in the recent past citing the dangers of crocs. Several of them have involved children on escalators and their crocs getting stuck.

Read the entire article on the lawsuit is the Atlanta-Journal.

Crib Recall

About 320,000 Jardine Cribs sold at Babies R Us have been recalled according to an announcement by the US Consumer Product Safety Commission. According to the  press release, the cribs' slats and spindles can  break  causing a gap which may lead to  entrapment or  strangulation of babies.There are several models included. The press release can  be read here.

Walking and A Rollover

Due to the crashworthiness and products liability focuses at our law firm, we unfortunately hear about deaths caused by rollovers quite often and even more often deaths caused by SUV rollovers. The grief a family mist endure is heart wrenching. However, once in awhile we hear about or read about someone taking such a tragedy and doing something to move forward in a positive way. These stories provide a sense of hope and also keep the focus on working towards tougher safety in vehicles.
After everything that he has been through, Lee Wagner has decided to go for a walk. 

Not a routine stroll, but a 380-mile journey on a surgically repaired knee in an effort to raise money for the scholarship fund that bears the names of his two children. 

The walk will take him through Georgia and both Carolinas. As he walks, he will share his story, his wife Debbie Wagner’s story and most importantly, the story of their beloved children, Jillian and "Little" Lee Wagner, with anyone who cares to join him for a mile or two along the way.

Lee Wagner will walk because he wants to raise awareness about traffic accidents and SUVs.  He will walk because people grieve in different ways. He will walk because after four long years, “The pain is still fresh,” as he continues to search for moments of peace. Read the entire article


   
 
 

CPSC Performance and Accountability

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.