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

Toyota is facing a mounting pile of problems to mend in 2010. Due to the rising number of recalls, and the dangerous nature of these defective products, Toyota customers are wise to stay informed and up-to-date as to the status of their vehicle.

The following are the latest two recalls from Toyota:

-Toyota Camry 2010 models are being recalled due to a series of insufficient parts which, under certain circumstances, could puncture the brake tube, impacting the vehicle’s braking capabilities and increasing the risk of a crash. There are 7,314 potentially affected vehicles.

Toyota will notify owners of potentially affected vehicles, and if needed, dealers will replace or adjust the faulty brake tube at no charge. Owners may contact Toyota at 1-800-331-4331.

The full recall summary can be found here.

-Toyota is also recalling approximately 148,549 2010 Prius and Lexus models. These vehicles have braking inconsistencies, leading to increased stopping distances, which creates the potential for a crash. The remedy will require a rewrite of the ABS (Anti-lock Braking System) control program, and will be free of charge to customers.

Owners may contact Toyota at 1-800-331-4331 or Lexus at 1-800-255-3987 for more information. Owners may also call the NHTSA’s Vehicle Safety Hotline at 1-888-327-4236 or visit www.safercar.gov.

A full summary of this recall can be viewed here.

If you have suffered injuries as a result of the malfunctioning vehicles listed above, or from any of the many recent Toyota recalls, please contact our office immediately at 1-877-829-7211 to discuss your potential case.

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The Consumer Product Safety Commission has issued another recall for elliptical trainers. These exercise machines have become a common item in many American homes. Please check to be sure this recall does not affect you.

The Commission, along with distributor Johnson Health Tech North America, Inc., have recalled about 18,000 elliptical trainers. The brand names included in this recall are Horizon Fitness and LIVESTRONG Fitness Elliptical Trainers. There have been 58 reports of the pedal becoming disengaged from the machine. There have been no injuries reported thus far.

If you own a Horizon Fitness or LIVESTRONG Elliptical Trainer that was purchased between October 2009 and November 2009, please look for your model number, which is located on the top of the console display, and the serial number, located on the front of the machine. Then check here to find out if your model is listed under the recalled models. If it is, stop using the elliptical trainer immediately and call Johnson Heath Tech NA at 1-800-962-3596 for a free in-home pedal replacement.

If you have been injured by this defective product, please call our office immediately to discuss your potential case.

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On January 29, 2010, Honda announced a worldwide recall for 646,000 of their Honda Fit (Jazz if sold outside the U.S.) models. Of these, 141,000 were purchased in the U.S. The models included in this recall are the first generation Honda Fit, sold in 2007-2008.

This recall is due to reports that water or liquid can leak into the vehicle’s master switch through the window and/or door-lock switches, creating the potential for the switches to overheat, melt, smoke and even catch fire. Honda spokesman Chuck Schifsky says, “There have been 7 confirmed cases in the U.S. In two cases those have involved fires.” No injuries or deaths have been reported thus far.

Honda plans to correct the problem by replacing the switch on the driver’s side door, or by installing a waterproof skirt. Owners of recalled Honda Fits should be conscious of leaving car windows open until the appropriate remedy can be administered to their vehicle. Open windows could easily allow rainwater to come in, and leak into the faulty switches.

Owners should contact Honda Customer Service at 1-800-999-1009 for more information and further instructions.

If these defective switches have resulted in your injury, please call our office immediately at 1-877-829-7211 to discuss your legal options.
 

 

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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.

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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.

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There have been some new recalls and defect investigations by NHTSA involving auto manufacturers. With these recalls, the auto manufacturers are required to make the repairs at their own cost. Some of the latest recalls involve Subaru. Approximately 15,000 model year 2005 - 2006 Baja vehicles have been recalled due to fuel pump issues which could cause a fuel leak.

Honda has recalled recalled about 440,000 vehicles including certain Accords, Civics, and Acura TLs because the air inflator on the driver's side could producr too much pressure possibly ending metal shards through the air bag.

In Japan, Honda recalled 1,532 Saber and Inspire vehicles due to a fatal incident in the United States. There have been reports of seven incidents where metal fragments flew through air bags in certain Hinda vehicles. The seven incidents included Accords and Civics. Honda recalled the inspire and Sabre models in Japan because they use the same type of air bag that is used on the Civic and Accord.

And, NHTSA is taking a second look at a previous recall of 2005 Chryselr and Dodge minivans to determine if the recall worked. They had previously been recalled due to corrosion on the air bag sensors casuing the sensors to stop working.

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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.

 

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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

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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.

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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.

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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.

Engine Bolt:
VOLVO IS RECALLING 102 MY 2008 XC90 AND S80 VEHICLES EQUIPPED WITH V8 ENGINES. THESE VEHICLES MAY HAVE BEEN BUILT WITH INCORRECT BOLTS TO THE ENGINE MOUNT.Consequence:
THE ALUMINUM BRACKET FOR THE ENGINE MOUNT COULD BREAK DUE TO LACK OF ADEQUATE CLAMPING FORCE. THIS COULD CAUSE THE ENGINE TO COME IN CONTACT WITH THE SUB-FRAME, ULTIMATELY RESULTING IN A REDUCED ENGINE TORQUE OR STALLING OF THE ENGINE WITHOUT PRIOR WARNING, INCREASING THE RISK OF A CRASH.

These are just a few examples of the  vehicle recalls  in the month  of May,  there  were many more.we  encourage you to read the entire report.

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Cranium board games have been recalled due to excessive lead paint in the die of certain lot numbers. The notice follows below. A note, this games is sold at  some  specialty children's  stores such  as Learning Express  in addition  to  the the  stores  listed in the  notice.

WASHINGTON, D.C. - The U.S. Consumer Product Safety Commission, in cooperation with the firm named below, today announced a voluntary recall of the following consumer product. Consumers should stop using recalled products immediately unless otherwise instructed.

Name of Product: Cranium Cadoo Board Games

Units: About 38,000

Importer: Cranium Inc., of Seattle, Wash.

Hazard: The surface paint on the die contains excessive levels of lead, violating the federal lead paint standard.

Incidents/Injuries: None reported.

Description: Only the die found in Cranium Cadoo board games with lot numbers 2007195 through 2007244 are included in the recall. The Cranium Cadoo game is packaged in a square cardboard box with an orange background. The seven digit lot number is printed under the plastic tray on the bottom half of the box.

Sold at: Fred Meyer, Kmart, Shopko, Wal-Mart and specialty game stores nationwide between October 2007 through January 2008 for about $20.

Manufactured in: China

Remedy: Consumers should immediately dispose of the die and contact Cranium Inc. to receive a free replacement die.

Consumer Contact: For additional information, contact Cranium Inc. at (877) 272- 6486 between 6 a.m. and 6 p.m. PT, Monday through Friday or visit the firm’s Web site at www.cranium.com

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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.

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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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Approximately 1 million simplicity  cribs were recalled earlier this week.

The U.S. Consumer Product Safety Commission (CPSC) is announcing today a voluntary recall with Simplicity Inc., of Reading, Pa., of about 1 million cribs. The drop-side can detach from the crib, which can create a dangerous gap and lead to the entrapment and suffocation of infants. CPSC is aware of two deaths in Simplicity manufactured cribs with older style hardware, including a 9-month-old child and a 6-month-old child, where the drop-side was installed upside down. CPSC is also aware of seven infant entrapments and 55 incidents in these cribs.

What is most frustrating about this recall  to  me, is that the first death occurred over  two and a half years ago. It appears that two deaths occurred with older hardware, and a third death  has  now occurred with  the  newer hardware.  The question arises...what took so long to have this investigated? Read the announcement here.

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Mattel issued yet another round of recalls.  This recall involved toys that may contain lead paint as well as toys that have  magnets that cause serious digestive problems if children swallow them. The recall includes the popular "Cars" characters, Polly Pockets and  more.  Please view the latest recall notices for more information, and please be extremely cautious. If you think your child may have been exposed to lead paint please consult with your child's doctor.  We will be one of the millions of families combing through our toys determining whether or not what we have was affected by the massive recalls.

Polly Pocket Recall

Doggie Day Care Recall

Barbie and Tanner Recall

Die Cast Toy Cars Recall

Batman Recall

For further information visit the Consumer Protection Safety Commission.

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Cooper Tire and Rubber Co. recalled some of their  tires. It has been reported that certain Cooper Load Range E Dominator Sport A/T tires, size LT265/75R16E, manufactured between 7/2/02 and 3/20/05.  Apparently the tread can separate from the tire casing. This can lead to a vehicle crash.  Cooper will notify owners and replace the tires free of charge.  The recall was expected to start on 7/10/07.  cooper's customer relations  number is 800-774-6560.

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