Arkansas Personal Injury Blog - Defective & Dangerous Products

Dangerous ATVs

Sach Oliver — Fri, 23 Oct 2009 12:34:20 GMT

Unsafe ATVs

ATV’s are useful tools. Whether you are a farmer, hunter, or trail rider, these vehicles can make your recreation or work more enjoyable. However, these vehicles can sometimes be unsafe. In fact, on March 31, 2009, the United States Consumer Product Safety Commission issued a warning that the 450, 660, and 700 models of Yamaha’s Rhino off-road vehicles need certain upgrades in order to ensure that they are safe.[1] The company has agreed to do a free repair program to address the problems with the vehicle. Furthermore, Yamaha agreed to suspend the sale of the models until repairs were made. The repairs are in an effort to reduce the risk of rollover for these vehicles. The repairs include: 1) installation of a spacer on each of the rear wheels and 2) removal of the rear anti-sway bar. Both Yamaha and the CPSC suggest that these vehicles should not be operated until these repairs are made.

The CPSC has investigated 50 incidents involving the Yamaha Rhino, with reports of 46 driver and passenger deaths.[2] Of these incidents, two-thirds have involved rollovers with unbelted drivers and/or passengers.[3] What is even more shocking is the fact that many of these rollovers have occurred on turns at relatively low speeds on level terrain. The Rhino also has been involved many accidents that did not kill, but mangled those who were injured.[4]

Sadly, one such rollover accident involving the Yamaha Rhino killed a 31-year-old man and injured five children under the age of 9.[5] It is always a tragedy when people are killed or injured because of unsafe products. If you own one of these Yamaha Rhinos, by all means, please go get the safety upgrades for it. Also, look at the websites below, one of which contains some video showing how easily this machine turns over.

[1] “Yamaha Motor Corp. Offers Free Repair For 450, 660, and 700 Model Rhino Vehicles
CPSC advises consumers not to use the off-road vehicles until repaired” available at: http://www.cpsc.gov/cpscpub/prerel/prhtml09/09172.html, (accessed October 22, 2009).

[2] Id.

[3] Id.

[4]“Yamahas Rhino: For Some a Deadly Ride” available at: http://www.cbsnews.com/stories/2009/08/04/cbsnews_investigates/main5213784.shtml, (accessed October 22, 2009).

[5] “Garden Grove Man Killed, 5 Children Injured in Off-Road Crash,” available at: http://www.ocregister.com/articles/old-year-children-2429745-officials-broken, (accessed October 22, 2009).

Originally posted at InjuryBoard by Sach Oliver

Protect Yourself as A Consumer

Sach Oliver — Wed, 09 Sep 2009 08:44:52 GMT

Protect Yourself as A Consumer

Many times we go to the local supermarket and do not think twice about the food that we grab. This is usually not a problem. Even if we happen to grab a “bad apple,” it might not be so bad. A few days of sickness, and we are over it. However, we are consumers of many products besides food. Yes, tainted food can be dangerous, even deadly, but as consumers, there are more dangerous products that we should keep close tabs on.

I am sure you have seen the many reports on recalled products on the evening news, or even the special reports dealing with the same. However, it may be dangerous if the first time you see such reports is on the evening news. The news does not report on every recalled product.

We are consumers of everything from automobiles to prescription drugs. The two previously mentioned products are perhaps some of the most dangerous products that we consume. Just because something is in the marketplace, should we assume that it is safe to use? I would venture to say that such assumptions would not be wise.

My point is that we should be well-informed consumers. It is probably unwise to assume safety. Sure, many products on the market place are safe, but it is probably wise to do some research. If you are about to buy a new car, check out the safety specks on it. If you are taking prescription drugs, do your own research on it. Know potential side effects etc. Also, keep a check on FDA recalls. Do not be the last to be informed that your new prescription is unsafe.

The following are just a few of the websites that will help you in your quest to become an informed consumer.

http://www.fda.gov/Safety/Recalls/default.htm

http://www.cpsc.gov/

http://www.ftc.gov/bcp/consumer.shtm

http://www.ct.gov/dcp/site/default.asp

http://www.docboard.org/

http://www.consumeraction.gov/

Originally posted at InjuryBoard by Sach Oliver

Nautilus Exercise Units Recalled

Chrissie Cole — Sat, 15 Aug 2009 11:24:00 GMT

Nautilus Inc., announced a voluntary recall of 400 Nautilus F3 Chin Dip Stationary Exercise Units because the footpads can break, posing a fall hazard to users.

The recalled products were manufactured by Land America Health and Fitness Co., of China.

To this date, there have been no reports of injury associated with the recalled products. The model number can be located on the frame of the unit.

Nautilus FC Chin Dip Stationary exercise units, with model number F3CD are included in the recall.

To prevent injury, consumers should stop using the recalled exercise units.

Consumer Information: Contact Nautilus at (800) 935-7313 between 8 a.m. to 5 p.m. PT Monday through Friday or visit www.nautilus.com

Originally posted at InjuryBoard by Chrissie Cole

Salmonella Tainted Peanut Butter and Trial Lawyers

Paul Ford — Thu, 29 Jan 2009 15:36:59 GMT

The New York Times published an interesting article today about the peanut butter plant in Blakely, Georgia, owned by Peanut Corporation of America of Lynchburg, Virginia, responsible for the salmonella tainted peanut butter outbreak resulting in hundreds of people being sick and 7 deaths. No doubt someone will say something negative about greedy trial lawyers, but thank goodness we have trial lawyers. The Times article is proof enough.

The plant has been repeatedly inspected and on multiple occassions has been found to be in non-compliance with health and safety regulations. The repeated inspections were all a part of the the Food and Drug Administration system in place to insure a safe food supply for all of us. Unfortunatley, the system of inspections and violation reports are not enough. Despite the knowledge of the repeated violations, they continued. And now, tragically, lives have been lost because of the negligence of this company to comply with safety regulations.

What is my point......while safety regulations are great and necessary, they are not enough. Our founding fathers knew that a system of government needed a system of checks and balances. They were so right. Notice it is a "system" and checks and balances are in the plural sense, not singular. This is where trial lawyers come in.

When a corporation fails to comply with safety regulations in place for the safety of its customers, those injured customers are not left to hope that government inspections and regulations will resolve the problem. They may turn to the legal system to seek due compensation for their injuries and/or death. That right has been a fundamental aspect of our system of law and order. Despite the fundamental and essential nature of seeking legal redress in a trial by jury, the system is under attack. It is under attack because it works.

Corporations and individuals should be held accountable for their actions that injure others. Yet, as sad as it is to say, many well organized corporations and individuals seek to limit and avoid that accountability by a constant and continued attack on our system of laws. Yes, that's right. It is called Tort Reform.

Trial lawyers, though constantly vilified and insulted, stand in the fight against this well organized foe to protect the rights of those who are not organized. Fighting to protect the rights of the families left behind after 7 needless deaths were caused by salmonella tainted peanut butter. Fighting to hold corporations accountable for such unacceptable behavior. So the next time you hear someone insult a trial lawyer, know they are really attacking you and the rights of you and your family to hold corporations such as this accountable for their actions.

Originally posted at InjuryBoard by Paul Ford

New Roof Crush Tests: Volvo XC90 vs. Ford Explorer

Frank Bailey — Tue, 16 Dec 2008 16:06:29 GMT

Beginning in 1970, the auto industry fought efforts by the National Highway Traffic Safety Administration (NHTSA) to issue a dynamic roof crush standard that protects occupants in rollover crashes. Why would the auto industry take such a position?

During that time, the number of deaths to occupants in rollover crashes climbed from 1,400 to over 10,000 each year while total occupant fatalities declined from 43,200 to 33,300. What accounts for that amazing increase in deaths from rollover crashes?

Although numerous federal courts have upheld the dolly rollover test as a reliable dynamic test, NHTSA has stuck with the ineffective, quasi-static roof crush standard issued in 1971 even though it initially was to be phased out by 1977.

In other major crash modes, front and side impacts, NHTSA has issued effective dynamic crash test standards that have reduced death and serious injury, but why not roof crush tests?

Public Citizen now has the results of dynamic roof crush tests on the Jordan Rollover System (JRS). The tests were sponsored by the Santo Family Foundation on a Volvo XC90s. State Farm donated the vehicle. This is one time that I applaud State Farm for doing something right.

Ford Motor Company (Stock at $3.11 today) has obtained Protective Orders in 24 courts prohibiting the public from seeing the test. Wonder why? Roof crush tests show Volvo XC90 occupants escape serious injury in multiple rollover crashes while Ford Explorer occupants suffer serious injury.

In a multiple two roll test, the maximum roof intrusion in the XC90 was only 2.6 inches and the peak roof intrusion velocity was less than 4 miles per hour. In contrast, the Explorer had maximum roof intrusion of 11.5 inches and peak roof intrusion velocity of nearly 12 miles per hours. This exceeds known thresh holds for death or serious injury.

Examination of actual accidents from NHTSA shows only one Volvo XC90 in a rollover crash. Like the XC90 in the JRS test, this Volvo had minimal roof intrusion and the two occupants suffered no serious injury. In sharp contrast, the NHTSA files revealed multiple cases of severe roof crush in other vehicles that tested poorly in the JRS.

After 35 years of increasing rollover fatalities due to weak roofs and weak standards, it is time to issue a dynamic roof crush standard using the JRS to match the lifesaving dynamic standards NHTSA has for front and side impacts.

Call or email your representative today and ask that they put aside their love for the auto industry and start putting the safety of their constituents first.

Originally posted at InjuryBoard by Frank Bailey

Safety Tips for the Holidays

Frank Bailey — Mon, 15 Dec 2008 14:03:15 GMT

According to the United States Fire Administration, fires during the holiday season claim the lives of more than 400 people. As many as 1600 are injured, and more than $990 million in damage occurs as a result of fires each holiday season.

Christmas Trees

We all love the sight and smell of a fresh Christmas tree, but here are a few pointers to keep the tree safe. 1. When selecting a tree, make sure the needles are green and hard to pull off the branches. 2. Do not place a tree close to a heat source. 3. Do not leave the tree up too long…two weeks is usually the longest time a tree should be left up.

Holiday Lights

Inspect lights each year for frayed wires, bare spots, gaps in the insulation, broken or cracked sockets and excessive kinking or wear before putting them up. Use only lighting listed by an approved testing laboratory. Do not link more than three light strands together. Check the wires to see if they are warm…if so, unplug the lights.

Space Heaters

With cold weather, the use of space heaters and the potential hazards associated with them increases. According to fire officials, 10% of fires as a result of space heaters results in a fatality. Of these fires, 30% were the result of combustible material being too close to the heater. 8% were caused when rugs, carpets, or mats were under to too close to the heater. Never leave a space heater unattended of running while you sleep. If you need an extension cord, make sure it is heavy duty.

Safe Christmas

By following these basic common sense rules we can all enjoy a safe and happy Christmas.

Originally posted at InjuryBoard by Frank Bailey

More Dangerous Toys in 2008

Frank Bailey — Mon, 08 Dec 2008 18:52:19 GMT

As we talked about last week, Atlanta Lawyer Don Keenan publishes an annual list of the most dangerous toys of the season. The second most dangerous toys are magnetic earrings. These are made by Claire’s, Schylling and other jewelry retailers.

The Hazard is that magnets used in earrings are just as powerful as magnets found inside toys that have been recalled after causing death and injury in countless children. The earrings sold by Claire’s tested well above the toy standard of magnetic flux of 50, and in one case were more than five times higher than toy standards.

These can be swallowed, aspirated into the lungs. Children’s toys with magnets are listed in the top five most dangerous toys for 2008 by the consumer products safety commission.

Please be careful when selecting toys for your children.

Originally posted at InjuryBoard by Frank Bailey

Dangerous Toys in 2008

Frank Bailey — Mon, 01 Dec 2008 11:02:31 GMT

Atlanta attorney Don Keenan each year lists the ten most dangerous toys of the season. His list, “10^th Annual Toy Safety Campaign: 10 Most Dangerous Toys for 2008,” is a huge benefit to both parents and others who purchase toys for children.

According to Don there were about 170,000 ER visits last year from toy related injuries and 18 toy related deaths.

The most dangerous toy from burn dangers is the Air Hogs RC Helicopters. It comes with a lithium ion and lithium polymer battery and can burst into flames or explode if charged incorrectly or handled wrong.

We owe a debt of gratitude to Don and his staff for putting together this list and making it public.

Originally posted at InjuryBoard by Frank Bailey

Holiday Season Safety Tips

Sach Oliver — Sat, 29 Nov 2008 14:50:00 GMT

As the holidays approach, everyone needs to be aware and proactive in eliminating dangerous holiday lights and decorations that could lead to fires or injuries. Each year, around 1,300 people are treated in hospital emergency rooms for injuries related to holiday lights and trimmings. In addition, Christmas trees are involved in about 500 fires annually, resulting in an average of $20 million in property loss and damage each year

U.S. Consumer Product Safety Commission (CPSC) Chairman Ann Brown said, "Decorating our homes for the holidays is a beautiful tradition, and to ensure that this holiday season is a safe and happy one, CPSC is releasing the following safety tips."

Trees:

· When purchasing an artificial tree, look for the label "Fire Resistant." Although this label does not mean the tree won't catch fire, it does indicate the tree will resist burning and should extinguish quickly.

· When purchasing a live tree, check for freshness. A fresh tree is green, needles are hard to pull from branches and when bent between your fingers, needles do not break. The trunk butt of a fresh tree is sticky with resin, and when bounced on the ground, the tree should not lose many needles.

· When setting up a tree at home, place it away from fireplaces and radiators. Because heated rooms dry live trees out rapidly, be sure to keep the stand filled with water. Place the tree out of the way of traffic and do not block doorways.

Lights:

· Indoors or outside, use only lights that have been tested for safety by a recognized testing laboratory.

· Check each set of lights, new or old, for broken or cracked sockets, frayed or bare wires, or loose connections, and discard damaged sets.

· Use no more than three standard-size sets of lights per single extension cord.

· Never use electric lights on a metallic tree. The tree can become charged with electricity from faulty lights, and a person touching a branch could be electrocuted.

· Fasten outdoor lights securely to trees, house walls, or other firm supports to protect the lights from wind damage. Use only insulated staples to hold strings in place, not nails or tacks. Or, run strings of lights through hooks (available at hardware stores).

· Turn off all lights when you go to bed or leave the house. The lights could short out and start a fire.

Decorations:

· Use only non-combustible or flame-resistant materials to trim a tree. Choose tinsel or artificial icicles of plastic or nonleaded metals. Leaded materials are hazardous if ingested by children.

· Never use lighted candles on a tree or near other evergreens. Always use non-flammable holders, and place candles where they will not be knocked down.

· In homes with small children, take special care to avoid decorations that are sharp or breakable, keep trimmings with small removable parts out of the reach of children to avoid the child swallowing or inhaling small pieces, and avoid trimmings that resemble candy or food that may tempt a child to eat them.

· Wear gloves to avoid eye and skin irritation while decorating with spun glass "angel hair." Follow container directions carefully to avoid lung irritation while decorating with artificial snow sprays.

Fireplaces:

· Use care with "fire salts," which produce colored flames when thrown on wood fires. They contain heavy metals that can cause intense gastrointestinal irritation and vomiting if eaten. Keep them away from children.

· Do not burn wrapping papers in the fireplace. A flash fire may result as wrappings ignite suddenly and burn intensely.

In addition to those above, keep all cords to your decorations secure to prevent someone from injury. Also, be mindful of where water collects and keep deicer or salt to remove any ice which could lead to someone slipping and becoming injured.

When we think about the holiday season, pleasant and joyous thoughts come to mind. It is important for your safety and the ones you love to be proactive in taking these extra measures to ensure a wonderful holiday season.

I would like to thank Leona Crowe, our legal assistant, for helping me research this important topic.

http://www.cpsc.gov/

Originally posted at InjuryBoard by Sach Oliver

Safety Guidelines for Safer Christmas Toys

Ryan Scott — Tue, 25 Nov 2008 17:52:15 GMT

We have had a Christmas tree up in our house for nearly a month now! I tried to tell my wife that it wasn't even Thanksgiving, much less, Christmas season. However, I was told that it was never too early for the Christmas spirit. It was about that time that I noticed a steady increase in the number of shiny and noisy things meant for someone else, namely, my little boy.

Being only six months old, I wanted to make sure each toy was safe. That is when I found some very helpful guidelines at KidsHealth.org. At this website you can find guidelines for selecting age appropriate toys. Also, the site offers tips as to what to look for on a toy label before you buy.

According to the Home Safety Council's State of Home Safety in America™ (2002), emergency departments reported nearly 170,000 visits due to injuries related to toys at home in a single year. Before choosing toys and games for little ones on your shopping list, consider each child's age, skills and abilities. Toys that are beyond your child's age and developmental ability can be unsafe for him or her, so select toys that are appropriate rather than those children can "grow into". By doing this, you can insure a safer and happier Christmas for your little ones.

Originally posted at InjuryBoard by Ryan Scott