Articles Posted in Product Liability

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A committee that is currently investigating car recalls linked to defective Takata airbags says that the Japanese auto parts supplier recently decided to update recall information. The updated toll from the airbags defect is now 105 injuries and 6 fatalities.

The earlier toll was 64 injuries and five fatalities linked to the malfunctioning airbag. However, since then, Takata has apparently identified at least 40 more incidents of malfunctioning airbags resulting in serious injuries, including one that resulted in at least one death.

The defect causes the airbags to shoot off potentially dangerous fragments that can seriously injure occupants in the vehicle. Occupants are at risk of serious injuries, including eye injuries, facial injuries and other injuries as a result of being hit in the face by these pieces of shrapnel.

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As we mentioned in a post back in September, 2014 has been a record year for auto recalls. And the year isn’t over yet. Approximately 14.3 million automobiles from ten different manufacturers have now been recalled for faulty air bags manufactured by Takata.

The air bags, which were installed in vehicles from 2000-2011, may explode when they inflate. The force of the explosion may shatter the air bag container, sending metal and plastic shrapnel into the driver and passenger. The problem has been linked to propellant chemicals in the air bag, and may be aggravated in high-humidity climates. As a result, there have been more widespread recalls in high-humidity areas, including Georgia. So far there have been five fatalities and over 100 injures attributed to the defective air bags. The most recent death, which sparked a new wave of recalls, was of a pregnant woman in Malaysia.

The National Highway Traffic Safety Administration (NHTSA) is urging owners of the affected vehicles, which include cars by Honda, Toyota, Mazda, BMW, Nissan, Mitsubishi, Subaru, Chrysler, Ford and General Motors, to act on the recalls. Car owners that have been contacted by their cars’ manufacturers should make repair arrangements with local dealerships. Consumers who have not been contacted and are concerned that their vehicles may be affected can check by their vehicle identification number (VIN) here.

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General Motor’s faulty ignition switches have been a hot topic in the news since the beginning of 2014. In February, GM recalled 800,000 vehicles due to defective ignition switches, and since then, the number has grown to 29 million vehicles recalled in North America. Vehicles affected by the defective ignition switch include the Chevy Cobalt, Chevy HHR, Pontiac Solstice, Pontiac G5, Saturn Ion, and Saturn Sky

According to GM, a heavy key ring or a “jarring event,” such as hitting a bump in the road, could cause the defective ignition switch to slip out of position, shutting off power steering and brakes, and causing the air bags to fail in a crash.

Deaths & Injuries Linked to the Faulty Switch

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2014 is turning out to be a record year for recalls. Millions of cars already have been recalled this year, most of them from the General Motors. Fresh data released by Carfax confirms that as many as 36% of all recalled cars on American roads are not repaired.

In fact, last year, the auto industry recalled more cars than it sold. In 2013, recalls were up by approximately 25%, which is the highest increase on record since 2004. One of General Motors largest recalls this year, involving more than 2.6 million vehicles, was for a defective ignition switch that has already been linked to 13 fatalities. Clearly, car recalls are not always linked to defects that are inconveniences to customers, but possibly serious defects that could actually cause car accidents involving injuries and death.

Who is to blame for this poor response to recalls? According to Carfax, there are currently at least 36 million recalled cars being operated by motorists in the United States. In many cases, people are completely unaware of the recalls, while in the remaining cases, the people have been informed of the recall, but chose not to respond anyway.

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Most retailers across the country are reporting early holiday shopping this year as consumers start buying for family, co-workers, and friends.Many of those gifts will include children’s accessories, toys, and other products. This is the right time of the year to remind parents that the toys and products that they choose for their children must be safe from the risk of injuries.

Most injuries related to children’s products involve the face and head, including a large number to the eyes and forehead area. Unfortunately, there are far too many children’s toys that come with removable parts and sharp parts that pose a serious eye injury hazard.When you buy toys as gifts this holiday season, avoid toys that come with protruding parts, spikes, or sharp or pointed edges.

Avoid buying guns and shooting toys, or toys that come with parts that fly off. These can actually turn into dangerous projectiles, and can cause injuries not just to the child who is using the toy, but also other children and adults in the environment.

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Every year, there are variations in the number of car accident fatalities, but one fact remains the same — more fatal car accidents occur at night than in the daytime hours.Nighttime driving comes with its own set of challenges, and one of those is the lack of adequate roadway lighting.A new study focuses on the potential for improving nighttime driving through more advanced automobile headlight systems.

The research was recently presented at the International Symposium on Automotive Lighting in Germany.One scientist involved in the study presented a paper outlining the different types of lighting technologies that can help make nighttime driving both safer and easier.Specifically, these technologies involve headlights that can focus light onto particularly tricky and dangerous roadways.This would be done by using headlights that swivel or bend to put more light onto the turn of the road.

According to the report that was presented at the conference, earlier studies that compared cars equipped with these headlight systems and vehicles with conventional low beam headlights, found that the number of accidents occurring at night actually dropped. For instance, there was a drop of approximately 4% in nighttime accident frequency along low-speed roads. On high-speed roads with shallower curves, the drop was between 1% and 2%.

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The Food and Drug Administration has failed in its responsibility to maintain oversight over companies that manufacture disposable wipes.As a result, sanitation and hygiene standards at these facilities have dropped, and the result has been several fatalities and infections across the country caused by contaminated wipes.An investigation by the Milwaukee-Wisconsin Journal Sentinel found poor hygiene standards at a facility operated by yet another Wisconsin-based company that manufactures wipes.

Product liability claims are likely from any serious infection or wrongful death which arises due these wipes. A personal injury arising out of a serious infection often results in long-term hospitalization and continuing issues for the individual. Product liability claims which arise out of the improper manufacturing of a product can be very difficult to prove. However, personal injury lawyers have developed a variety of techniques of attacking these types of cases. The work of government agencies is often an important component in establishing civil liability in these matters.

That company, Rockline Industries manufactures baby wipes and other wipes that are used in hospitals and homes.According to the investigation, at least 5 years ago, employees of the company acting as whistleblowers wrote a letter to the Food and Drug Administration warning that thousands of contaminated wipes were being manufactured at the company’s Arkansas facility.The whistleblowers alleged that the company was aware of the contamination of these wipes, but failed to take action, and continued to ship these wipes across the country.

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A California-based company and the Consumer Product Safety Commission are announcing a recall of dining tables, because of the risk that the tables could collapse, injuring consumers. As any personal injury attorney who has handled a collapsing table or chair case can attest, the injuries from this type of incident are more significant than they may first appear. For instance, consider the possibility of a small child sitting at a table that collapses. The weight of the table could easily seriously injure or kill the child.

For adults, the risk of a collapsing table relates more to a leg or knee injury. If the heavy wooden table were to collapse on an individual’s knee, then there is a significant potential for a knee replacement surgery. It is good that the company has taken the issue seriously and is recalling the tables. They will very likely avoid a number of product liability claims.

The table, the Dover Dining Table is manufactured in China and imported by West Elm, a division of Williams-Sonoma of San Francisco, California.According to the Consumer Product Safety Commission, West Elm is recalling approximately 830 dining tables in the United States.In Canada, 10 tables are being recalled.The recall is linked to a potential defect that could cause the wooden base of the table to collapse.This can cause the glass top to fall, posing serious injury hazards to consumers seated at the table.

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The Georgia Court Of Appeals has reversed a jury verdict in favor of a Yamaha Rhino rider, who suffered a serious personal injury during an off-road vehicle accident.The victim, a gravedigger from Georgia had been riding his Yamaha Rhino off-highway vehicle when the vehicle flipped over.He suffered serious leg injuries.

A court had ordered Yamaha to pay damages of $317,000.However, the Georgia Court of Appeals has now reversed the verdict.According to the appeals court’s decision, unlike a car accident, the victim had assumed the risk of injuries when he purchased the off-road vehicle in 2006.With this and to the dismay of many personal injury lawyers, Yamaha’s unblemished Rhino injury lawsuit record continues.The company has continually won lawsuits arising out injuries and fatalities resulting from accidents involving its off-road vehicle.However, the company has also entered into undisclosed settlements with several injured people, so the unblemished track record isn’t that clean.Those settlements are confidential, however.

The Yamaha Rhino was introduced in 2003, and quickly became popular among a growing generation of off-road vehicle fans.These off-road vehicles are different from all-terrain vehicles, in that they do include some additional safety features like safety belts.However, consumer safety groups soon found that the Yamaha Rhino was linked to a number of accidents ending in injuries.Some of the injuries that have resulted from these off-road vehicle accidents have been severe.Yamaha Rhino riders, who were caught or trapped when the off-road vehicle flipped over, have suffered from severe crushing injuries, and arm and leg injuries.There have also been amputations and severe limbs.The Rhino weighs about 1,100 pounds, and any accident that results in the vehicle flipping over and landing on a person, can cause serious injuries.

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Honda has announced a recall of more than 100,000 motorcycles because of a potential braking problem.As personal injury lawyers know well, braking problems with motorcycles significantly increases the risk of a motorcycle accident and serious personal injury. The National Highway Traffic Safety Administration which announced the recall, says that the recall covers the 2001-10 and 2012 GL1800 models of touring motorcycles marketed as GoldWings.

According to Honda, the problem lies with a potential rear brake issue – the rear brake may be at least partially applied even after it has been released.If the motorcyclist continues riding with a partially engaged brake, it may generate enough heat to cause a fire in the rear brakes.Also, when a motorcyclist rides with an engaged brake, it could increase the risks of an accident.

Honda informed the National Highway Traffic Safety Administration that it learned about the potential problem in July 2010.A Honda motorcycle user had just finished riding his motorcycle, when there was a small explosion a few minutes after he finished riding.He saw flames emerging from the rear brake area.There were no injuries in that incident, and the motorcyclist was able to use an extinguisher to put out the flames.

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