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

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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