Injuryboard Commentary - Defective Products

Cribs are not the only dangerous product- Cords on window blinds can choke or strangle a child

Claude Wyle — Tue, 01 Dec 2009 19:38:54 GMT

I wrote last week about the recall of Stork Craft cribs. That recall was prompted by the four infant deaths from suffocation caused by a badly designed product—the drop side crib. While I applaud the media attention given to these infant deaths from defective products, I want to make sure that everyone is aware that there are many additional dangerous products.

For example, in November of this year, a 2-year-old Maryland boy, Thapelo Kwofie, was strangled after his head became entangled in window cords.

In fact, according to the Consumer Product Safety Commission, about one child dies each month from strangling in cords from blinds or shades. Manufacturers of defective blinds have recalled 5 million window treatments – which the agency lists among the top five "hidden dangers" in the home – in just the past few months.

For the first time, the safety commission now recommends using only cordless window treatments in any home where there is a danger of death of a child by such an accident, including where children live or visit, such as a grandparent's house or day care center.

As defective product attorneys, we join Parents for Window Blind Safety in urging you to inspect all the window blinds in your home. Even many blinds that were considered safe in recent years have been found to be dangerous.

How to make window treatments safer

1. Install only cordless window treatments in all homes where children live or visit, especially in children's bedrooms.

2. Move all cribs, beds and furniture away from windows.

3. If not using cordless shades, cut the ends of pull cords, so that the loop can't form a noose.

4. Don't allow cords to dangle. Wrap cords around a hook that's high off the floor out of a child's reach.

5. If using Roman shades with hidden strings on the back side, raise the shades high enough so children can't reach them.

Free safety kits to retrofit window blinds are available at windowcoverings.org.

Sources: Consumer Product Safety Commission, Window Coverings Safety Council

Originally posted at InjuryBoard by Claude Wyle

Stainless Steel Cookware Recalled By Cost Plus Due To Burn Hazard

Chrissie Cole — Thu, 19 Nov 2009 18:59:00 GMT

Cost Plus Inc., in cooperation with the CPSC, announced a voluntary recall of Stainless Steel Cookware manufactured by Kraftwares because the handles on the cookware can break, posing a burn hazard to consumers.

To this date, there have been no reported injuries associated with the recalled items.

The recall includes three stainless steel cookware sets - a 4-piece multi cooker set, a 3-piece steamer set, and a 1.5 quart egg poacher with SKU numbers 422698, 422699 and 422700. The items were sold nationwide at Cost Plus World Market stores.

Consumers should stop using the recalled cookware and return it to any Cost Plus World Market store for a refund.

Consumer Information: Call toll free at (877) 967-5362 between 7:00 a.m. and 12:00 p.m. ET anytime, or visit www.worldmarket.com

Originally posted at InjuryBoard by Chrissie Cole

Defective Chinese Drywall Lawsuits Press Forward

Pete Strom — Thu, 24 Sep 2009 20:43:12 GMT

Chinese Drywall, a wide flat board used to create interior walls, is alleged to be emitting sulfur-based gases that:

cause your home to smell like rotten eggs,
corrode air-conditioner coils,computer and electrical wiring, and
cause chronic health problems including sinus problems, a scratchy throat, itchy eyes, as well as other symptoms that go away when you leave the home.

As we have reported, all of the pending faulty Chinese Drywall claims have been consolidated into the US District Court for the Eastern District of Louisiana. The assigned Multi-District "MDL" Court held a status conference today in New Orleans, Louisiana. We attended the status conference and are proud to supply you with the following report:

During the status conference, the Court advised that it has posted a markings catalog on its website under the "Drywall MDL" tab. The parties also discussed the vaious pretrial orders, copies of which are available on the Court's website.

In accordance with the Court's request at the status conference held last month, inspections have begun and ten properties have been tested. The protocol for these inspections has been amended and an additional ten homes will be tested.

The court will set bell weather trials for January through March 2010. Bellwether cases are actual trials of a small number of cases selected out of all of the pending cases to offer a picture of what a jury may decide in subsequent cases. It is very clear that the Court wants these cases moving.

The court set the next status conference for October 15, 2009. We will keep you updated.

Strom Law Firm is a personal injury and criminal defense law firm centrally located in Columbia, South Carolina. Our firm proudly handles personal injury, criminal defense, defective products, class actions, pharmaceutical liability, toxic torts, medical malpractice, nursing home neglect, workers compensation, social security, veteran's benefits, qui tam, predatory lending, tax investigations, business litigation, and wills and estates. Our lawyers proudly edit the Columbia, South Carolina Injury Board as well as the Strom Law Blog as a pro bono effort to provide the public valuable information. Our lawyers are licensed in: South Carolina, New York, and Georgia

Originally posted at InjuryBoard by Pete Strom

Defective Product Accountability for Foreign Manufacturers

Joe Saunders — Mon, 14 Sep 2009 08:44:10 GMT

The Foreign Manufacturers Legal Accountability Act of 2009 (S. 1606) is a good consumer protection bill that's been introduced in the US Senate by Senators Dick Durbin, Sheldon Whitehouse, and Jeff Sessions. Essentially, the bill aims to hold foreign companies accountable for defective products that injure US consumers.

Presently, foreign manufacturers who export defective products into the US that injure American are not held accountable because it's difficult to hold foreign companies accountable in US courts. The new legislative proposal would accomplish the following:

Requires manufacturers to have an “agent” located in at least one state where the company does business that would accept service of process for any civil and regulatory claims.
Companies would consent to state and federal jurisdiction, holding foreign manufacturers accountable to those judicial standards.

According to the American Association for Justice, "

"The legislation covers products regulated by the Consumer Product Safety Commission (CPSC), such as children’s toys; the Food and Drug Administration (FDA), including prescription drugs and medical devices; and the Environmental Protection Agency (EPA), like pesticides.

'Finally, foreign corporations will be on notice that their products must meet our standards and be subject to our legal system,' added Tarricone. 'Not only will American businesses be on a level-playing field with foreign corporations, but consumers will now have the added security that our civil justice system offers.'

Aside from the toxic drywall produced, this legislation would cover imported products seen in the news like poisonous toothpaste that contained diethylene glycol, children’s toys and jewelry coated with toxic levels of lead paint, and pet food that contained melamine, a compound used to make plastic."

Originally posted at InjuryBoard by Joe Saunders

Grizzly Industrial Recalls Bandsaws Due To Shock Hazard

Chrissie Cole — Wed, 09 Sep 2009 15:26:00 GMT

Grizzly Industrial announced a voluntary recall of 500 Bandsaws because some do not have a grounding wire installed, which poses a shock hazard to users.

To this date, the company has not received any incident and/or injury reports linked to the recalled items.

The recall involves the G0640X 17-inch metal/wood bandsaw with an inverter motor. The product’s model number (G0640X) is printed on the front of the machine.

Consumers should contact Grizzly to request a free repair kit if one is not sent to them. In the meantime, to prevent injury, the bandsaws should not be used.

Consumer Information: Contact Grizzly Industrial at (800) 523-4777 between 8 a.m. and 8 p.m. ET Monday through Friday, or visit the company’s Web site at www.grizzly.com

Originally posted at InjuryBoard by Chrissie Cole

Don't Die in a Chrysler

Jon Lewis — Fri, 31 Jul 2009 18:27:27 GMT

Today, it was reported on CNN.com that Honda is issuing a recall on 440,000 vehicles. According to the article, there is a potential defect in driver-side airbags in 2001-02 Honda Accords, 2001 Civics and 2002-03 Acura TLs. Already, six injuries and one death have been reported.

So, what does this recall have to do with Chrysler?

Well, this article points out the flaw in the bankruptcy court's decision to absolve Fiat and Chrysler of any liability for injuries or deaths resulting from defective Chryslers which were bought before the bankruptcy. This would have been the case in all 440,000 Hondas which have been recalled.

Couldn't the bankruptcy court have been more thoughtful about the decision? Most times, bankruptcy courts require the debtor to purchase insurance in order to cover such liabilities. Why didn't Fiat or Chrysler purchase insurance so that the consumer doesn't suffer? Families who purchased Chryslers before the bankruptcy will suffer an undue hardship if a loved one is seriously injured or killed as a result of a defect in the car, truck or SUV. Shouldn't that cost be shifted to the new entity through insurance?

If you want more information regarding defective products, please contact our office, and we will send you a report on legal issues in Alabama regarding defective products: Recognizing and Preserving Evidence in Automotive Product Liability Cases.

Originally posted at InjuryBoard by Jon Lewis

The Numbers Explain Why GM And Chrysler Must Accept Responsibility

Mike Bryant — Wed, 08 Jul 2009 00:24:38 GMT

Presently, Chrysler and GM are working through the bankruptcy process. They are attempting to walk on their liability for past and future injuries they've caused as part of the deal. This can not happen. Recently, the The Safety Research & Strategies report, "Public Safety at Risk: Bankruptcies Leave Legacy of Defects, Injuries and Deaths," easily explained why:

There are 30 million GM and 10 million Chrysler products still on the road
The two companies accounted for 47 percent of all the claims filed against auto manufacturers" between the third quarter of 2003 and the fourth quarter of 2008
Chrysler faced 3,497 death and injury claims. GM faced 15,284.

Using those numbers the report concluded that- More than 3,400 U.S. citizens could be killed or injured in the next 12 months. Is there any question that those people should be protected right now?

This is a responsibility that they should not only be looking into preventing, but should never be able to walk away beforehand. It's time that congress stood up to these corporations and made sure that they face the responsibility that they are subjecting the people who buy their product to.

Originally posted at InjuryBoard by Mike Bryant

Injured Employees Should Look for Third Party Liability in Work-Related Accidents

Jason Knowles — Wed, 01 Jul 2009 16:36:44 GMT

A worker who is injured in an on-the-job accident can file a claim for workers’ compensation benefits but typically, at least in Alabama, the recovery in that sort of claim is woefully inadequate to compensate an injured worker. Workers should therefore be aware that a third party, other than the employer, may be responsible for the worker’s injury, in which case the recovery is often greater.

When an injured worker comes to our firm, we fully investigate the cause of injury to determine if a third party was responsible for the worker’s injury. Often we discover that a defective machine, for example, was the cause of the injury. Often, injury-causing machines are defective in that that they are not properly designed to eliminate or prevent hazards or they are not equipped with proper warnings about the hazard. Sometimes a third party is liable when, for example, their employee caused the accident and resulting injuries, such as in a two vehicle crash. Many other types of negligence by third-parties may give the injured worker a cause of action.

So, workers injured on the job should be aware that they have options which may significantly aid them above and beyond the workers’ compensation laws.

Originally posted at InjuryBoard by Jason Knowles

Does The Car Companies' Bankruptcy Mean Free Money And Free Liability?

Mike Bryant — Wed, 24 Jun 2009 16:24:00 GMT

The Chrysler bankruptcy and sale to Fiat is making it's way through the courts. Part of the deal is language that may clear them of all past liability from claims. Apparently, GM is watching what goes on and may be making the same request.

So each company got a pile of money. Each company went bankrupt and got more money. Each company is closing dealerships with the help of the bankruptcy courts across the land. GM has started ad campaigns touting the American way and how they will rebound. At the same time, they want to walk away from their responsibilities to those they have injured.

This is wrong in so many ways. Injuryboard contributor, Cecelia Prewett , has a post that everyone should read. Spend some time and watch the videos. This tragedy needs to be averted. Injured parties shouldn't be tossed aside in this manner.

Originally posted at InjuryBoard by Mike Bryant

What have we Learned from GM and Chrysler?

Jon Lewis — Fri, 19 Jun 2009 14:54:19 GMT

TEN things we have learned from GM and Chrysler:

1. There is no corporate accountability.

2. They enjoy taking the public's money.

3. Their CEO's and executives have gotten rich while they have failed to properly manage their companies.

4. They took bailout money knowing that they would file bankruptcy - isn't that fraud?

5. They have no insurance, and the court's aren't making them get insurance - why?

6. Chrysler will have no liability to consumers who are killed or injured in a wreck in defective vehicles - Unbelievable!!

7. The taxpayers will be paying their debts for years to come.

8. They cannot compete with foreign car makers.

9. They weren't green until they had to be green.

10. THEY SHOULD HAVE JUST GONE OUT OF BUSINESS!!!

Originally posted at InjuryBoard by Jon Lewis