defective auto parts

Published on: June 20, 2010

Reclining Seats Increase Risk of Injuries and Death in Auto Accident

It is not something that we give a second thought to while riding in someone’s vehicle. In fact, most of us have probably done it at some time or the other. We are talking about reclining the passenger seat when you’re in a moving vehicle, for some quick shut eye. However, a recent study indicates that you have an increased risk of injury in an auto accident if you seat is reclining.

Trauma care doctors at the Seattle’s Harborview Medical Center studied a pattern of injuries in passengers who were in reclining seats during an auto accident. The researchers found that no matter which part of the country these accidents occurred, passengers who were in reclined seats were much more likely to suffer head injuries, spinal cord fractures, leg injuries and severe chest trauma. In fact, the study found that when the passenger was in a partially reclined seat, his fatality risk shot up by 15%, and if he was in a fully reclined seat, his fatality risk spiked by up to 70%.

Reclining seats have long been touted by auto makers as an affordable piece of luxury. However, not many passengers are aware that their risk of death in an auto accident increases dramatically, if they’re in a reclining seat at the time of the crash. Automakers have always known about these risks. That’s why most of them mention these risks in the car’s user manual. Unfortunately these warnings, when they do appear, are always in obscure fine print, the kind that hardly anyone bothers to read. That lack of warning is very disturbing to Atlanta accident lawyers, considering the dramatically diminished odds of surviving an accident if you’re in a reclining seat.

Published on: May 27, 2010

Child Injured in Atlanta Power Window Accident Recovers

by Robert N. Katz, Esq.

A 21-month-old toddler, who sustained serious injuries when she was caught in a car power window, is recovering from injuries. The accident occurred last Friday when the child was alone in the family car with her three-year-old brother. The child’s neck became trapped in the power window when it suddenly became activated. She was initially unresponsive, and had to be rushed to the Barrow Regional Medical Center, and later to Children’s Healthcare of Atlanta. She is now expected to make a full recovery.

Fortunately, this horrible incident is like to have a happy ending. Injuries from activated power windows are not exactly unheard of. According to the NHTSA, every year, approximately 6 children die from power window accidents, and close to 2,000 children are injured.

Last year, Kidsandcars.org had conducted a survey that showed that power window accidents and injuries may be far more common than the NHTSA believes. The surveyors asked participants about whether they had ever caused injuries to anyone by activating a power window. Up to 6% of the participants admitted that they had indeed injured another person by activating a power window. According to Kidsandcars.org, when you translate those statistics into the general population in the United States, it works out to approximately 13.6 million power window-related injuries every year.

Published on: April 6, 2010

NASA Investigates Toyota Defects

by Robert N. Katz, Esq.

The investigation into the causes of acceleration in Toyota vehicles has taken a unexpected turn, with the Obama administration this week announcing that it was bringing in NASA scientists to help with the investigation.

There has speculation for quite a few weeks now that the causes for the acceleration go beyond floor mats or gas pedals. Space radiation experts have put forward the theory that modern vehicles with the massive amount of electronic circuitry they have on board, could be at risk from interference from space radiation. The effects of such radiation on consumer goods like cell phones and computers, have been known for a while now. These space radiation experts believe that Toyota cars, which come with massive amounts of electronics, could be at special risk for interference from cosmic rays. The announcement that the Toyota probe will now include NASA scientists has lent credence to those theories.

The Obama administration has also asked the National Academy of Sciences undertake a separate study into computer technologies in vehicles. This study will last for 15 months. The study is expected to look into the potential of computer malfunctioning and electromagnetic interference as factors in acceleration in these vehicles.

Published on: March 5, 2010

Auto Defect Blamed In Fayette County Child’s Death

by Robert N. Katz, Esq.

Auto Defect Blamed in Fayette County Child’s Death

It’s too soon to tell for sure, but investigators seem to believe that a mechanical defect was to blame for the tragic death of a 6-year-old child in Fayette County last week. The accident occurred when the Chrysler Sebring 1999 which was apparently in park mode, began rolling down the driveway, and struck the boy. He died instantly.The Fayette County sheriff’s office is blaming a defective ignition park interlock device for the accident.

Auto defects have been heavily in the news over the past couple of months. Aconspiracy of silence is currently unraveling at Toyota. Auto defects are being blamed for uncontrolled acceleration in several Toyota vehicles. The National Highway Traffic Safety Administration has already confirmed 34 reports of deaths or severe injuries as a result of accidents caused by the acceleration.

Published on: February 18, 2010

When did Toyota First Find Out About Acceleration Problem?

by Robert N. Katz, Esq.

The NHTSA has said that it will begin examining documents to see when the Toyota first found about the safety problem that has seriously eroded its credibility, damaged its reputation and has had product liability lawyers in Atlanta and around the country, criticizing the manner in which the automaker has handled the issue.If the new NHTSA probe does indeed reveal that Toyota was aware of auto defects contributing to unintended acceleration in its vehicles much before it announced a recall, then the company will be in more trouble than previously thought.

The agency will also look at how quickly Toyota acted to begin a recall after it found out about the problem.If the NHTSA finds that the company delayed informing federal regulators or failed to initiate an immediate recall, it could be fined penalties of up to $16.4 million. The NHTSA requires that any automaker that finds defects in its vehicles reports these to federal regulators within 5 days of finding a defect. The company must also act quickly to initiate a recall.

Toyota already had its credibility tarnished last year when one of its former lawyers alleged that the company concealed important documents during several of its product liability lawsuit proceedings.While those revelations had shocked Atlanta car accident lawyers then, they have taken on a new meaning in the light of the new unintended acceleration episodes that have emerged. If the NHTSA probe shows that the company delayed a recall, it will boost the credibility of the lawsuits that are beginning to stack up. It will also stress what trial lawyers in Atlanta have maintained all long – that in the face of the failure of the NHTSA, it falls on us to hold Toyota responsible for its failings.

Published on: April 26, 2009

States Moving to Crack Down on Sale of Defective Old Tires That Can Cause Accidents

by Robert N. Katz, Esq.

States Moving to Crack Down on Sale of Defective Old Tires That can Cause Accidents

An ABC News investigation last year revealed that thousands of motorists may be at risk for automobile accidents because their vehicles are fitted with aged tires that are older than the recommended age limit for tires. The investigation by “20/20” caught some of the biggest retailers in the country selling outdated and aged tires. Now, states across the country are taking steps to ensure that retailers and dealers don’t fob old and weak tires on an unsuspecting motoring public.

The risk of a tire becoming dried out and prone to blowouts that can cause accidents increases after six years of age. The investigation, however found tires including some sold by Goodyear that were made in 1999 and 2002. Other investigations by ABC news affiliates around the county found outdated tires dating back to 1999 and 2001 sold at Wal-Mart. Old tires were also found at Wal-Mart stores in Florida, as well as Sears in New Jersey. Similar stories came in from across the county. The retailers including Goodyear and Wal-Mart insist that the age of the tire should not be taken as the most important factor in judging its safety.

Published on: January 29, 2008

Product Defects Evident in 2007 Automobile Recalls

by Robert N. Katz, Esq.

Former Mitsubishi President, Katsuhiko Kawasoe, was sentenced in Japan last week for professional negligence for his role in covering up defects in Mitsubishi trucks in cars over a three-year period from 1997 to 2000. Apparently, the auto manufacturer hid defects in its clutch system on several models of trucks and cars. The defect caused the brakes to fail. In some cases, occupants were killed in collisions caused by the faulty system. Wrongful death suits arising from these collisions uncovered the scandal.

Mitsubishi hid reports of defects, choosing to secretly repair the cars when brought into dealerships rather than issue a product recall that would have protected consumers. When news of the cover-up came out, sales plummeted, and company officials were forced out in disgrace. Subsequently, those officials were charged with professional negligence and criminal violations for falsifying reports and failing to take proper recall measures.

In the United States, the National Highway Transportation Safety Association (NHTSA) has issued its 2007 recall report. Automobile recalls increased in 2007 by thirty percent from the previous year. Manufacturers issued 588 recalls, affecting almost 15 million vehicles.

Published on: October 4, 2007

Faulty Seatbelts and Air Bags

by Robert N. Katz, Esq.

In Georgia there is a doctrine known as Res Ipsa Loquitur, which translated means “the thing speaks for itself.” Some things are so manifestly the result of someone’s negligence that a jury can infer negligence on the part of the defendant. In other words, the evidence proves the point. For example, a scalpel left in the stomach of a surgery patient infers the negligence of the doctor. Also, a barrel of flour falling out a second story window infers the shopkeeper’s negligence.When applied, this doctrine creates an inference of negligence that the defendant must affirmatively disprove.

To apply this doctrine in a negligence case, the plaintiff must usually show:

That harm would not have occurred without someone’s negligence;