Month: April 2011

According to a recent release from the U.S. Consumer Product Safety Commission 79000 Circo beaded door curtains have been voluntarily recalled by FAB/Starpoint LLC due to a possible risk of strangulation. Three reports of child entanglement have been received. The events occurred in January of 2009 January of 2010 and April of 2010. Injuries included near choking and lacerations. The pink beaded door curtains come in a set of two curtains which are each 72 inches tall and 12 inches wide. The curtains were only sold at Target stores from January 2009 to May 2010. They were sold for $13 online at Target.com and $15 in Target stores. Affected consumers should immediately remove the curtains and send them to FAB/Starpoint for a full refund. FAB/Starpoint will also provide a postage-paid package for consumers to use for any returns. FAB/Starpoint can be contacted at their toll-free number 1-888-333-2684 or reached via the FAB/Starpoint website. Further details and photos of the product are located on the CPSCs Circo beaded door curtain recall website.

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In what would appear to be a common theme lately another product released for the main benefit of a child is being recalled. Since this particular door adornment can result in serious to severe injury to a child its highly recommended that any family with the affected door curtain take immediate steps to remove the curtain from their house and return it to the manufacturer. Its unfortunate that even a few children suffered injury and distress as a result of this product but its fortunate that a recall has been made prior to any tragic accidents.

– Texas Product Liability Attorney Michael Grossman

BOB Trailers Inc. has recalled 337000 jogging strollers due to a possible strangulation hazard. Both single BOB jogging strollers and double BOB jogging strollers sold from April 2002 to February 2011 are being recalled. The affected strollers were sold at retailers like buy buy Baby REI and other stores in addition to being sold online at Amazon Target and Babies R Us. The Consumer Product Safety Commission (CPSC) received one report of an infant who became entangled in a drawstring on the stroller. Consumers with these jogging strollers should immediately stop using them or remove the drawstring. Specific information regarding this recall can be found at the CPSC BOB Jogging Stroller recall website.

Toyota has recalled 2.17 million U.S. vehicles in response to an in-depth investigation conducted by the National Highway Traffic Safety Administration and NASA that looked into possible contributing factors to reports of sudden acceleration issues in Toyota vehicles manufactured since 2004. The report did not find an electronic cause but did ascertain that mechanical problems like pedal interference could contribute to sudden acceleration. The affected models include new vehicles added to a Toyota recall announced in September 2009. All of the affected models were manufactured from 2004-2011 and include:

• Toyota 4Runner
• Toyota Rav4
• Toyota Highlander
• Lexus LX
• Lexus RX
• Lexus GS

Further information about the recall can be found at the Toyota Recall website or the Lexus Recall website.

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This recall has apparently been a long time coming especially after a number of news reports have been written that have suspected such an acceleration issue of being a possible contributing factor to injury accidents. When a product manufacturer releases an unsafe product to the general public they may be held liable if their product leads to an injury accident or a fatal accident. While its fortunate that this recall is being conducted and that steps are being taken to ensure that possible future accidents dont have to occur due to this apparent problem such a recall does little to help those that may have already suffered due to this issue. Additionally since a number of auto manufacturers have recalled various models of their cars over the last few months its recommended that you check your car manufacturers website or contact your dealership in order to see if any recalls might be affecting your car.

– Texas Product Liability Attorney Michael Grossman

Recent news reports have stated that Ford has recalled 144000 F-150 pickup trucks due to the possible deployment of a driver side air bag without the vehicle being in an accident. The affected F-150s are from the 2005-2006 model years. The National Highway Traffic Safety Administration received 238 reports of inadvertent deployment in which 77 people experience mild injury such as bruises or cuts. Two instances of loss of consciousness were also reported. Air bag deployment can occur due to an exposed copper wire that could short circuit the air-bag warning lamp which if left unchecked could cause the drivers side air bag to deploy under unique circumstances. The issue was addressed in post-2006 models. The number of pickups recalled by Ford is far less than the 1.3 million 2004-2006 model F-150s that the NHTSA requested Ford to recall in early 2011.

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While its fortunate that this inadvertent air-bag deployment has reportedly not caused serious injury it would seem simply a matter of time until a random air-bag deployment results in a severe wreck. Consequently those with affected F-150s should be sure to take their pickup to a dealer in order to have the issue addressed before an accident may occur. It should also be noted that when a defective part causes or contributes to an accident a part manufacturer can bear liability for the results of such an accident.

– Texas Product Liability Attorney Michael Grossman

According to recent news reports General Motors has recalled 44000 Cadillac CTS 2009-2010 year model cars due to a rear-suspension issue that may lead to loss of control of the car. GM reported that a wax coating in the rear suspension toe link jam nuts may allow the nut(s) to loosen. A loose nut would cause a clanking noise. If the noise is not noticed the rear wheel could turn outboard or inboard preventing a driver from being able to properly control the car which could cause a wreck. GM dealership techs will fix the issue for free by cleaning the wax from the toe link and installing two new jam nuts. If necessary the full toe link will be replaced. Those with affected vehicles can contact General Motors at 1-866-982-2339 or visit GMOwnerCenter.com.

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Auto recalls are unfortunately a seemingly routine exercise. While they are beneficial in working to stave off possible accidents such a large number of auto recalls in the last few years may hint at the need for better testing to be conducted prior to a cars release to the public. When an injury accident or a fatal accident occurs due to a design flaw or a mechanical issue with a defective car part a manufacturer can be held liable if their products defect contributed to such an accident. Such manufacturers have a legal duty to provide for consumer safety and so while its helpful that purposeful recalls are made in order to mitigate possible future issues it would seem much more beneficial to simply make sure that cars are ready for public use before theyre allowed to be sold.

– Texas Product Liability Attorney Michael Grossman

According to recent news reports from Addison Texas a four-year-old girl suffered injury after falling 40-feet from the fifth floor of the Savoye at Vitruvian Park apartments. The injury accident happened around 8:33 p.m. on Sunday Feb. 20. She was transported by helicopter to Childrens Medical Center in Dallas and was last listed in critical condition. The childs mother has been identified as Lisa Bell. Police said that foul play was not suspected.

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When a serious accident resulting in injury to a child occurs while a child is at an apartment complex a number of issues may play a role in determining who may have been at fault for such a fearful accident. For instance if the child was in the care of a supervising adult who became distracted or may have been acting negligently in any way such an adult may be held liable for the accident through a claim of negligent entrustment also known as negligent supervision. If a safety device or a design defect in the apartment complex room itself may have played a role then the complex may bear liability for such an accident. If negligence by any entity involved in this unfortunate accident is suspected of being a contributing factor an independent investigation may be conducted that can work toward identifying the liable party or parties so that they can be held accountable for their negligent behavior that may have resulted in this injury accident.

– Dallas Personal Injury Lawyer Michael Grossman

According to recent news reports from Clarksville Tennessee 20-year-old Brittany Rutherford and a 5-year-old girl suffered injury after being struck head-on by a suspected drunk driver around 9:22 p.m. on Thursday Feb. 17. The injury auto accident happened on Warfield Blvd. near the Civitan Bridge. Rutherford and her young passenger were in a Nissan Altima headed north on Warfield when a Chevy S10 pickup crossed into their lane. The pickup was driven by 24-year-old Kristopher Colbert. Rutherford was transported to Gateway Medical Center and treated for a collarbone and foot injury. The child was taken to Vanderbilt University Medical Center by LifeFlight for treatment of internal injuries and back injuries. Colbert was also taken to Vanderbilt by LifeFlight for treatment of facial leg and arm injuries. Charges are pending against Colbert as both speed and alcohol are believed to be contributing factors to the injury accident.

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When a suspected drunken driving accident occurs an independent investigation may be conducted in order to ascertain if more than one liable party may be responsible for the injury auto accident. For example many states have dram shop laws that work to hold negligent bars or restaurants accountable for over-serving alcohol to patrons that subsequently cause drunk driving accidents. If such a patron was served alcohol to the point of intoxication or farther was allowed to leave the premises behind the wheel of a car and caused an injury auto accident the bar or restaurant may be partially liable for such an accident. A third-party investigation can look into whether or not such a series of events may have contributed to this terrible accident. Additionally an alleged drunk driver can be held civilly liable for the results of their suspected negligent behavior regardless of whether or not criminal charges are brought against them.

– Texas Drunken Driving Wreck Attorney Michael Grossman

Due to reports of 10 incidents including two that resulted in minor injury to infants Burlington Basket Co. is recalling 500000 baby bassinets. The affected bassinets have a risk of collapsing if not properly assembled. The recalled bassinets were sold before June 2010 at Wal-Mart and similar mass merchandisers in addition to department stores and juvenile product stores across America. Burlington Basket Co. will provide free repair kits to consumers with these bassinets and can be reached at 1-800-553-2300. Further information about the recall can be found at the Burlington Basket Company Bassinet Recall website.

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It would appear that there have been many significant product recalls in the last few months that should be of concern to parents of children and infants. Its disheartening to hear of so many recalls that could cause potential harm to children. When products are released to the general public that may not have been properly tested before release and such a product causes injury or harm to a consumer a product manufacturer can be held liable for such an accident.

– Texas Product Liability Lawyer Michael Grossman

According to a recent release by the National Highway Traffic Safety Administration Dorel Juvenile Group (DJG) is recalling 794247 child safety seats due to a harness lock and release button that may not revert to a locked position. With the button in the unlocked position a harness may become loose as a child moves around which could result in injury in the event of a crash. The Dorel child safety seats were sold from May 2008 to April 2009 and have a Center Front Adjuster for the harness. The safety seats include convertible infant and booster restraint systems that were sold by themselves or as part of a travel system along with a stroller. Specific information regarding the recalled models of Dorel child safety seats can be found here. DJG will provide those with the affected models with non-toxic lubricant that can be used to prevent the locking mechanism from sticking. Consumers can still use the affected models of these child safety seats but with the notice that a parent or guardian should make a careful inspection of the harness to ensure that it is properly locked. Such a check can be performed by pulling on the shoulder part of the harness to ensure it is secure and does not loosen due to the pulling. The manufacturer can be reached at 1-866-623-3139.

It is peculiar that products intended for use by children or in close proximity to children often seem to be the focus of many recalls as previous postings on this blog attest. While its important that manufacturers of baby products and child products perform voluntary recalls when applicable it would be more encouraging to see these types of products properly tested before being released to the general public. Injury to one child is one injury too many.

– Texas Product Liability Lawyer Michael Grossman

According to recent news reports Summer Infant Inc. has voluntarily recalled 1.7 million baby monitors due to risks of strangulation when the monitor is located close to a child. The Consumer Product Safety Commission (CSPC) has received two reports of infant fatalities as a result of strangulation caused by the electrical cords found on these baby monitors. One incident resulted in the death of a 10-month-old child; the other incident involved a 6-month-old child. The affected baby monitors were available for purchase between June 2003 and February 2011. If you own one of these Summer Infant baby monitors you are strongly encouraged to ensure that the monitor is well out of reach of your child. Those with questions regarding the recall may contact Summer Infant at 1-800-426-8627 or learn more about the recall at Summer Infants Baby Monitor Recall website. An electrical cord warning label can be received in addition to further information regarding safe mounting procedures and keeping cords out of a childs reach.

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Its tragic that the issuance of such a recall is the result of not only one child fatality but two. While some people may often dismiss the warning labels often affixed to electrical cords attached to all types of home appliances and devices such warnings serve a purpose. Its noticeably surprising that such a label apparently was not attached to these baby monitors when they were released. In such instances a product manufacturer may bear liability for any injuries or deaths resulting from the use of their product that did not have proper warnings attached to their product. Companies have a legal duty to ensure that their products are safe for consumers to purchase and use in their homes. Such safety should be even more highly valued in connection to products meant for use in close proximity to young children.

– Texas Product Liability Lawyer Michael Grossman