Virginia Personal Injury Blog - Defective & Dangerous Products

Toyota Takes Another Blow

Paul Thomson — Tue, 08 Dec 2009 09:07:44 GMT

The Los Angeles Times recently reported that Toyota is, once again, under investigation by the National Highway Traffic Safety Commission. The investigation deals with 26 recent reports of Toyota Corolla and Matrix models from the year 2006 stalling in traffic. Sometimes the stalling occurred at highway　speeds or in intersections. Clearly, this poses a huge safety concern! The complaints are another of many quality-related issues this year, including runaway vehicles; rust problems in the Toyota Tundra that can cause the spare tire to fall off into traffic; and malfunctions in the Toyota Sequoia's electronic stability control system that can cause the brakes to seize. Toyota has recalled a whopping 4.8 million vehicles since January!

Another LA Times report revisits the sudden acceleration or runaway Toyota vehicle issue and discusses the fatal Saylor crash in particular. Investigators have concluded that, while the rubber floor mats could have been a factor, other causes, like electronic or mechanical issues, cannot be ruled out. Most shocking, however, is the discovery that the crash may have been preventable. The Lexus ES 350 involved in the crash　was loaned to the Saylor family by a dealership while their vehicle was being serviced. Another customer who had used the car prior to the Saylor family experienced an acceleration incident and reported it to the dealership. Somehow the information was lost and the vehicle was put back onto the road, resulting in the death of four people! The fact that this horrible incident could have been prevented by an increased level of communication is saddening. Hopefully, safety issues will be taken more seriously from now on! This should serve as a wake up call to businesses that do not have any type of formal complaint process in place, especially one dealing with a safety related issue that could potentially cause serious injury or death.　Maybe this dealership had such a policy in force and it just failed to properly train its employees. At this point in the story who knows. Hopefully it, and other dealerships can learn something from this incident.　 Sadly, I　 see similar stories in the defective product cases that I have been involved in. Complaints were made, they piled up, and nothing was done.　Only when a serious injury or death resulted (and usually a lawsuit) was the system overhauled and re-worked.

Originally posted at InjuryBoard by Paul Thomson

Method Proposed to Prevent Another Vioxx

Paul Thomson — Mon, 07 Dec 2009 10:23:32 GMT

Vioxx, an arthritis drug, became very popular when it was released in 1999, but five years later, the drug was taken off the market because of evidence that it increased the risk of heart attack and stroke. A method to prevent a similar situation from occurring in the future has been proposed, as reported by The New York Times. The system would pool data as it was collected from clinical trials in order to gain a better perspective on the big picture. It would essentially be a database that would be updated in almost real-time.　

The authors of the study argue that the makers of Vioxx could have recognized the increased heart attack and stroke risk if they had used a similar method. From their research, they believe the company could have been aware of the risks as early as 2002. Since the Vioxx incident, the Food and Drug Administration has increased its standards, but some argue that they still do not have enough power. The database idea could be a way to increase the safety of our drugs, but some argue such a large database would be too expensive to maintain. However, this is our health and quality of life, so isn't it worth the cost?

Originally posted at InjuryBoard by Paul Thomson

Stork Craft Crib Recall

Paul Thomson — Mon, 07 Dec 2009 10:21:37 GMT

The Consumer Product Safety Commission (CPSC) announced that　there has been　a recall of 2.1 million Stork Craft drop-side cribs. The crib includes a side that raises up and down, a feature that is dangerous because part of the side may detach or break. Babies can then　become caught between the side and the mattress, resulting in suffocation and death. Four incidents have been reported. For more details, visit this New York Times article. 　

Owners of the crib should stop using the model immediately and contact Stork Craft for a free repair kit. The current Stork Craft recall and recalls of similar drop-side cribs of various brands in the past few years have raised growing concern. Several groups have banned or discouraged drop-side cribs. Cribs with fixed sides would eliminate the safety risk posed by a drop side malfunctioning. We must give our children the safest environment possible--they depend on us!

Originally posted at InjuryBoard by Paul Thomson

Holiday Toy Dangers

Paul Thomson — Wed, 02 Dec 2009 00:01:00 GMT

WPTV recently reported that hazardous toys are lurking on store shelves this holiday season. Despite increased safety standards and recalls, the Public Interest Research Group found sixteen dangerous toys during this year's annual Trouble in Toyland survey. The top concern is toys with magnets or small parts. Magnets can easily break off and, along with small parts, can be choked on. Choking is the most common cause of death from toys and took 196 children last year. Choking is one of the three main hazards the PIRG searched for, along with toys that are too loud, posing a risk of hearing damage, and toys that contain dangerous levels of lead, which can cause brain damage if ingested, or phthalates, a substance in plastic that can case developmental problems. With all the potential risks toys may hold, parents and loved ones may wonder which toys are safe to purchase for children this winter. While shopping, a list of risky toys can be accessed from smart phones at this address: http://www.toysafety.mobi/. Be sure to use this resource and keep your children safe!

Originally posted at InjuryBoard by Paul Thomson

Toyota Still Can't Fix the Problem

Paul Thomson — Tue, 01 Dec 2009 21:16:58 GMT

The Detroit Free Press reported in this article that Toyota is still trying to figure out the problem behind their runaway vehicles. Toyota continues to mention properly securing or removing floor mats to avoid having the gas pedal get stuck, but a lawsuit involving a Toyota Camry suddenly accelerating with no driver's side mat in place questions the validity of the floor mat fix.

The unexpected acceleration has been blamed on the electronic throttle control system. Supposedly, radio waves and other electronic signals can interfere with the cruise control, causing it to lock down. In this situation, the brakes are unable to override. Toyota claims to have tested the electronics thoroughly and does not believe this is the problem. They say they are still searching for a "vehicle-based remedy". Hopefully, Toyota will come up with something soon and solve this extremely dangerous problem!

Originally posted at InjuryBoard by Paul Thomson

Toyota Recalling 110,000 Tundra's in 20 States

Greg Webb — Wed, 25 Nov 2009 09:04:02 GMT

Toyota, in yet another in what seems to be a stream of recent recalls, is recalling 110,000 Tundra pick-up trucks from the model years 2000-2003. The recall is attempting to address excessive rust on the trucks' frames, and the government (NHTSA) is urging owners to remove the spare tire from the vehicle because it is concerned the tire could drop into the roadway, which could cause hazards for motorists.

The corrosion can also cause problems with the rear brake lines, leading to brake system failures, according to NHTSA. This is, of course, a potential safety issue for motorists as well.

The recall is for 20 "cold weather" states, including Virginia and the District of Columbia. Other states include: Connecticut, Delaware, Illinois, Indiana, Kentucky, Maine, Maryland, Massachusetts, Michigan, Minnesota, New Hampshire, New Jersey, New York, Ohio, Pennsylvania, Rhode Island, Vermont, West Virginia, and Wisconsin.

Owners are asked to take their trucks to a local dealer who will repair the damaged portion of the frame, or apply a rust resistant compound to the affected area, depending upon the severity of the corrosion.

This is the second major recall by Toyota in the past several months, with the other affecting Toyota and Lexus models because of safety issues concerning floor mats.

I am afraid Toyota is slipping some. I own a Toyota that has 70,000 miles on it, and I have had to have more work done to it than other Toyotas I have owned. I also think Toyota got caught up in the big truck, SUV, craze that overcame many other manufacturers, and got away some from what it did best: building high quality, high value, economical cars. I suspect, however, that Toyota will right the ship and get back on track at some point in the near future.

Originally posted at InjuryBoard by Greg Webb

Misleading Toyota Recall Sparks Criticism From NHTSA

Greg Webb — Sun, 22 Nov 2009 08:33:15 GMT

Federal safety regulators have reprimanded Toyota Motor Corp. for issuing misleading and inaccurate statements that no defect exists in the 3.8 million automobiles it voluntarily recalled on September 29 after a 2009 Lexus ES 350 sedan accelerated out of control in San Diego County, California, killing four people. The National Highway Traffic Safety Administration (NHTSA) released a statement that the Lexus and Toyota vehicles do, in fact, have an “underlying defect” that involves the design of the accelerator pedal and the driver's foot well. Toyota officials, however, blame the accident and other uncontrolled acceleration incidents nationwide on the gas pedal becoming entrapped by an improperly installed floor mat.

In its recall, Toyota claims there is no problem with the accelerator itself but asks consumers to instead remove driver’s-side mats if the mat is incompatible with the vehicle and not properly secured; the automaker also posted a video statement which disputed news reports that the "unintended acceleration" could be linked to other factors, such as the electronic throttle control systems. NHTSA officials were thus prompted to issue a clarification and stated the matter will not be closed until Toyota addresses the defect and suggests a solution.

This incident may affect Toyota’s credibility because the automaker was alleging it had a clean record with the NHTSA when it actually did not. Toyota claims it never intentionally mislead the American public and is still developing vehicle-based remedies to ensure unintended acceleration events do not happen again; these remedies may include changes in the placement of pedals, or a change to the engine control software in the vehicles' onboard computers. Since 2003, the NHTSA has investigated eight cases of unwanted acceleration in Toyota vehicles; two of these probes led to small recalls while the other six were closed by the agency due to no finding of a defect. In all of these investigations, the NHTSA did find that the Toyota braking system could lose most of its efficiency and power when the throttle is fully opened and that other aspects of vehicle design, such as using push-button ignitions, could add risk in sudden-acceleration events. In the San Diego County incident, officials found the pedal’s design may have had an enhanced risk of being obstructed by the floor mat.

The recall affects the 2007-2010 model year Toyota Camry, the 2004-2009 Toyota Prius, the 2005-2010 Toyota Avalon, the 2005-2010 Tacoma, the 2007-2010 Toyota Tundra, the 2007-2010 Lexus ES 350 and the 2006-2010 Lexus IS 250 and IS 350.

Originally posted at InjuryBoard by Greg Webb

Hampton Roads toxic drywall victims take their battle to state insurance officials

John Cooper — Sat, 21 Nov 2009 18:07:56 GMT

Hampton Roads homeowners saddled with toxic Chinese drywall are facing another challenge: Getting home insurance companies to cover their losses.

"I always thought insurance would cover this,” homeowner Larry Ward told WAVY-TV earlier this week. “I went right to my insurance company asked them about this. Evidently there are some exclusions in every policy.”

I wrote about this difficult issue in October, and my colleague Jim Lewis wrote about a tour federal officials took of Chinese drywall-afflicted homes in Hampton Roads.

Many insurance policies have “pollution exclusions,” often taken to refer to something outside the home – a chemical spill, for example – damaging the inside of the home.

But it’s not clear whether pollution exclusions cover the damage caused by toxic Chinese drywall. However, insurance companies have denied toxic Chinese drywall claims in other states by citing the pollution exclusion.

State insurance officials in Virginia are studying the issue; Virginia Beach City Councilman Bill DeSteph wants the state insurance commissioner to rule that the pollution exclusion can’t be applied to Chinese drywall. DeSteph has also been lobbying on behalf of residents in the General Assembly.

Meanwhile, Ward has had to abandon his home, fearing for the safety of his children. Repair quotes from contractors have run from $220,000 to $450,000. His insurer has not denied his claim, but it hasn’t accepted it either. He told WAVY that his claim is now in his insurance company’s litigation department.

"You just have no clue of what damage it's causing, and how frustrating it is to have a beautiful home and have to walk away from that home," Ward told WAVY.

About the Editors: Shapiro, Cooper, Lewis & Appleton personal injury law firm (VA-NC law offices ) edits the injury law blogs Virginia Beach Injuryboard, Norfolk Injuryboard, and Northeast North Carolina Injuryboard as a pro bono service to consumers.

(MM)

Originally posted at InjuryBoard by John Cooper

Maclaren Failed to Report Finger-Chopping Danger

Paul Thomson — Fri, 20 Nov 2009 09:00:00 GMT

Maclaren recently recalled strollers made as far back as 1999 because the stroller hinge can cause a child's finger to be amputated when placed in the hinge upon opening or closing the stroller. Twelve children have had their fingers amputated! The New York Post reported that Maclaren knew about the defect as early as 2004, when the first finger amputation was reported.

Maclaren now faces fines up to one million dollars for failing to report the problem to the Consumer Product Safety Commission. Companies are required to report dangers to the CPSC immediately. The fact that Maclaren failed to do so is absurd! Twelve children have lost their fingers--that's ridiculous! Customers are encouraged to take advantage of the recall and Maclaren needs to be held accountable for their lack of responsibility!

Originally posted at InjuryBoard by Paul Thomson

Chain saws present another post-nor'easter danger

Rick Shapiro — Wed, 18 Nov 2009 23:41:00 GMT

With the skies clear after last week’s nor’easter, attention is turning to cleanup – especially the hundreds of trees and thousands of large limbs that were felled throughout Hampton Roads.

The Norfolk Botanical Garden alone lost about 40 large trees, The Virginian-Pilot repor ted. Local, state and federal officials are still trying to put together a comprehensive regional tally.

Where there are downed trees, chain saws are sure to follow. However, the proliferation of chain saws means many of them are being operated by inexperienced users. This is not unlike the danger presented by generators, which I wrote about in a previous post.

And the chain saws can be more dangerous than the storm. After Hurricane Hugo, two people died from chainsaw injuries, according to Virginia Cooperative Extension at Virginia Tech.

The extension office has this advice for people dealing with downed trees:

• Ask yourself if you really need a chain saw. Branches and limbs four or fewer inches in diameter are poorly-suited to a chain saw and should be cut with a hand saw or an axe.

• Wear the proper clothing and safety gear. This includes safety glasses or goggles, heavy-duty, non-slip gloves, non-slip shoes, hearing protection, clothes that do not hang loose, long-sleeve shirt and pants, and a hard hat.

• Avoid kickback – when a saw comes back at the operator because the saw’s nose hits an obstruction. Hold the saw firmly with both hands, use a saw with a chain brake or kickback guard, don’t cut at a height above your shoulder, and keep the chain sharp.

Originally posted at InjuryBoard by Rick Shapiro