San Francisco Personal Injury Lawyer - Defective & Dangerous Products

Runaway Toyota Cases Ignored

Claude Wyle — Sat, 14 Nov 2009 10:25:00 GMT

Safety investigators dismissed numerous reports of sudden acceleration, then said data were lacking.

I am sure many of you were shocked to learn that since 2001, more than 1,000 Toyota and Lexus owners have reported that their vehicles suddenly accelerated on their own. In some cases, the runaway Toyotas slammed into trees, parked cars and brick walls, among other obstacles.

The crashes resulted in at least 19 wrongful deaths and scores of injuries over the last decade. Federal regulators say that is far more than any other automaker has experienced.

Luckily, owner complaints have helped instigate at least eight investigations into sudden acceleration in Toyota and Lexus vehicles by the National Highway Traffic Safety Administration in the last seven years. Unfortunately, Toyota Motor Corp. recalled fewer than 85,000 vehicles in response to two of those probes, and the federal agency closed six other cases without finding a defect.

But, and here is what I find distressing, those investigations systematically excluded or dismissed the majority of complaints by owners that their Toyota and Lexus vehicles had suddenly accelerated, which sharply narrowed the scope of the probes.

For reasons that are not now clear, Federal officials eliminated several categories of sudden-acceleration complaints, including those in which drivers said they were unable to stop runaway cars using their brakes; incidents of unintended acceleration lasting more than a few seconds; and reports in which owners did not identify the possible causes of the problem.

Meanwhile, fatal crashes involving Toyota vehicles continued to mount and the statistics are not good for Toyota: NHTSA records show that a total of 15 people died in crashes related to possible sudden acceleration in Toyota vehicles from the 2002 model year and newer, compared with 11 such deaths in vehicles made by all other automakers.

The Los Angeles Times is reporting that it located federal and other records of 19 fatalities involving Toyota and Lexus vehicles from the same model years in which sudden or unintended acceleration may have been a factor, as well as more than 1,000 reports by owners that their vehicles had suddenly accelerated. Independent safety expert Sean Kane, president of Safety Research and Strategies, said he has identified nearly 2,000 sudden-acceleration cases for Toyota vehicles built since 2001.

Other experts say the numbers may be far higher, pointing to a 2007 NHTSA survey of 600 Lexus owners that found 10% complained they had experienced sudden acceleration.

Most sudden accelerations did not result in a crash, but there were notable exceptions. Bulent Ezal, a retired engineer, plunged 70 feet off a Pismo Beach cliff into the Pacific Ocean surf. He was hospitalized with minor injuries, but his wife of 46 years was killed.

"By the time they pulled me out, the tide was about to cover the car," Ezal said.

He said his 2005 Camry had suddenly accelerated in a parking lot.

In its research, The Times examined thousands of federal defect investigation records, complaints filed with NHTSA by Toyota and Lexus owners, lawsuits against the company, and reports by independent safety experts and local police agencies.

For its part, Toyota is blaming the latest incident on an incorrectly installed floor mat that jammed the accelerator pedal. The company announced a recall of 3.8 million vehicles in September and is designing a fix aimed at preventing sudden acceleration caused by floor mats.

What scares me is that this recall is not addressing other potential problems, including electronic engine control system or cruise control system. So, if you have a Lexus or Toyota on the list below, please be aware of these issues and see an attorney, possibly even a “runaway Toyota attorney” to evaluate your case and determine whether Toyota may be liable for your damages.

The recall affects the following Toyota models: the 2007-2010 Camry, the 2004-2009 Prius, the 2005-2010 Avalon, the 2005-2010 Tacoma and the 2007-2010 Tundra, as well as the 2007-2010 Lexus ES 350 and the 2006-2010 Lexus IS 250 and IS 350.

Originally posted at InjuryBoard by Claude Wyle

Target to Pay 7 Million for Brain Injury to Elderly Woman

Claude Wyle — Wed, 14 Oct 2009 23:41:12 GMT

Target Corporation. will pay $7 million to an 80-year-old woman who suffered brain injuries after being struck by an automatic door at an Illinois store. In the lawsuit, head injury attorneys alleged that Target failed to properly inspect the door or to follow safety guidelines provided by the manufacturer. Putman suffers ongoing head injury symptoms including cognitive problems because of her brain injuries and now lives in a nursing home. We applaud Ms. Putnam’s brain injury lawyers who clearly knew how to best present this woman’s injuries.

This case demonstrates the importance of knowing and protecting your rights. Many consumers would believe that big companies such as Target are immune from or unresponsive to claims by individuals. Many people would believe that injuries to the elderly are not worth the investment of resources, since their life expectancy is not very long in comparison to younger people, and they have no lost wages. This is not entirely true. The elderly have every right to a safe environment and probably more need for it. If you suffer serious personal injuries while going about your daily activities, please consult a lawyer to see whether the responsible party should pay for your medical bills, lost wages disability or earnings and other injury related damages.

Originally posted at InjuryBoard by Claude Wyle

More Top Tips For Avoiding Dangerous Toys

Claude Wyle — Thu, 22 Nov 2007 15:34:13 GMT

To choose appropriate safe toys for children, be a label reader. Look out for the toy labels that give you age and safety recommendations and then use that information as your guide. But, don't rely 100% on the labels. Inspect the toys yourself. Choose toys appropriate for the age, abilities, skills and interest level of your child. Pick toys with sturdy construction, such as well-secured eyes, noses and other potential small parts, and avoid toys with lots of little accessories or items that may be swallowed or aspirated. These are dangerous toys for little children. This next tip is key, as we see mistakes here turn tragic too often.

Keep the toys which are appropriate for older children away from younger siblings or neighbors.
For any and all children, especially those under age 8, avoid toys with sharp edges or points, or that stiff plastic wrapping that can cut. Once the gifts are open, do not delay throwing out plastic wrappings before they become potentially hazardous play things.
Next, please understand that projectile toys such as darts and sling shots, or air rockets, are only for older children, and that failure to take proper precautions improper use of these toys can result in serious eye injuries.
Next, when charging batteries, children should be supervised by adults. Either chargers or adapters can present burn hazards to children. It is a good idea to pay attention to all instructions and warnings on battery chargers.
And, after you have paid careful attention to just what toys are safe to buy, then you should remember to supervise your children closely.
To see further detail and to subscribe to emails from CPSC's web site, please go to:
http://www.cpsc.gov/cpscpub/prerel/prhtml08/08086.html

For more information on this subject, please refer to the section on Defective and Dangerous Products.

Originally posted at InjuryBoard by Claude Wyle

Avoiding Dangerous Toys; Top Tips For This Year

Claude Wyle — Wed, 21 Nov 2007 15:09:45 GMT

This year, 61 different toys, involving more than 25 million product units, were recalled by the CPSC. While, currently, toys are undergoing more inspection and more intense scrutiny than ever before, it pays to be a smart and safe shopper. The following are some of the top toy safety tips for this Holiday Shopping Season.
First, you should know that the leading causes of toy related deaths are choking and aspiration, or breathing in of toy parts. We keep saying it. Avoid toys with small parts for children younger than age three, which can cause choking or aspiration. Next,

Next, Avoid Toys With Magnets For Children Younger Than Six Years Old. The magnets in toys these days are very strong and can cling together inside a child if they are swallowed. This may lead to serious injuries, surgeries, or death, if the magnets come loose and a child swallows the magnets. You should avoid building sets with small magnets, and keep an eye out for recalls involving toys with magnets.
Next, for Riding Toys, such as skateboards, in-line skates, and Razor type scooters. They go fast. They don't steer, or stop well. They should not be used on steep grades. They wobble when you go just a bit too fast. Children go fast, and falls can be deadly. Always (even in the driveway) Always use proper helmets and pads and other safety gear, and make sure that helmets and safety gear are sized to fit. Please visit our toy safety attorney blog tomorrow for more important information about how to avoid dangerous toys.

For more information on this subject, please refer to the section on Defective and Dangerous Products.

Originally posted at InjuryBoard by Claude Wyle

Toy Safety -The ABCs of Toy Safety (Awareness Benefits Consumers)

Claude Wyle — Tue, 20 Nov 2007 14:11:45 GMT

A is for Awareness. What toys pose the greatest risk? See future entries for more details about dangerous toys. B is for Benefits of; the Consumer Product Safety Commission which is increasing its inspections, and the removal of dangerous toys and defective products from the market. Because of increased scrutiny, more companies are testing their products and reporting possible safety issues before recalls. And finally C is for Consumers. Consumers can and should stay informed and be aware of dangerous product recalls by signing up for direct e-mails about recalls at www.cpsc.gov.
Remember the key to a Happy Holiday Season. (A) awareness, and knowing the (B) benefits, for (C) consumers.

For more information on this subject, please refer to the section on Defective and Dangerous Products.

Originally posted at InjuryBoard by Claude Wyle

Children's Safety for Halloween-Protect From Hidden Dangers

Claude Wyle — Fri, 26 Oct 2007 14:39:33 GMT

The CPSC has issued several Safety Tips to Help Prevent Hidden Halloween Dangers, encouraging parents to integrate "Safety into Celebration". When it comes to children's safety, there is no trick. Hidden dangers associated with dangerous or defective costumes, unclean treats, and hazardous decorations can be easily prevented. Accidents and personal injuries to children happen each year, however, by following the guidelines below, parents can help ensure that the Halloween celebration is a real treat.

Costumes:
The most serious Halloween-involved injuries to children are burns from flammable decorations and costumes, and include ignition from open flames, from candles or carved pumpkins. To a lesser extent, other personal injuries to children also include abrasions from sharp objects attached to masks or costumes. It might be best to avoid "home-made" costumes, which might not be flame resistant. If you do make your own costumes, parents need to use inherently flame-resistant materials, such as nylon or polyester. You should also avoid long-draped items that could create an entanglement hazard. While the CPSC recalls products that they learn are not adequately flame-resistant, they cannot catch them all before Halloween. When buying costumes, masks, beards and wigs, look for the label "Flame Resistant." True flame-resistant materials will resist burning and should be able to be put out easily and quickly or taken off before a serious burn occurs. To minimize the risk of contact with candles and other fire sources, stay away from costumes made from flimsy materials or costumes with big, baggy leggings, sleeves or billowing skirts. Costumes should be well fitted so that they do not drag on the ground or cause trips or falls. Oversized high heels are potentially dangerous. Children should wear sturdy shoes that fit well. Hats, masks, and scarves should be securely tied to prevent slippage over children's eyes, and masks should have adequate ventilation and large enough eye holes.
Swords, knives and similar costume accessories should be made of soft materials.
For pedestrian safety, you should buy or make costumes that are light, bright and clearly visible to motorists. For better visibility during twilight and after dark, it is a good idea to trim costumes with reflective tape that will glow in a car's headlights. Candy bags or sacks should be light-colored or trimmed with reflective tape also. Reflective tape is usually available in bicycle and sporting goods, and hardware stores. Next, both parents and children should carry flashlights powerful enough to be seen from at least a hundred feet away. The flashlights will also help you avoid trip and fall hazards hidden by darkness.
Treats
Warn children not to eat any treats until after an adult has examined them carefully for evidence of tampering. Do not allow children to eat unwrapped fruits or other foods.
Toys
For children under three, you should carefully examine any toys or novelties received by trick-or-treaters so that young children won't have access to items that are small enough to be a choking hazard or even that have small parts or components that could separate during use and be a choking hazard.
Decorations
Keep candles and lit pumpkins away from landings and doorsteps where costumes could touch the flame.
Indoors, keep candles and Jack O' Lanterns away from curtains, decorations and other flammable items. Never leave burning candles unattended.
Take away hazardous obstacles from lawns, steps and porches to protect trick-or-treaters.
Lights
Indoors or outside, check each set of lights, old or new, for cracked sockets, or for frayed or bare wires, or loose connections. Throw out damaged sets, and use only lights tested for safety by a recognized testing laboratory, such as UL. Try not to overload extension cords. Have a Spooktacular Time.
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For more information on this subject, please refer to the section on Defective and Dangerous Products.

Originally posted at InjuryBoard by Claude Wyle

"Cars" Backpacks Sold At Target Recalled Because of Dangerous Magnets

Claude Wyle — Wed, 24 Oct 2007 14:08:58 GMT

This last Tuesday, the Consumer Product Safety Commission recalled 110,000 children's backpacks because they contain potentially dangerous small magnets. Safety officials said that the movie "Cars" themed backpacks contain game pieces with tiny plastic magnets that can break free, and which might be ingested by children. The potentially dangerous children's backpacks were sold at Target stores from February to September, 2007. Remember, if children swallow these tiny magnets, they may stick together inside their bodies and require surgical intervention to remove them. If you bought one of these backpacks for your child, please beware of the potential danger of this product, and consider returning the backpack to Target or wherever you bought it.

For more information on this subject, please refer to the section on Defective and Dangerous Products.

Originally posted at InjuryBoard by Claude Wyle

Salmonella Food Poisoning, Now in Pot Pies, A National Epidemic?

Claude Wyle — Fri, 12 Oct 2007 09:49:49 GMT

Health officials reported that Con Agra Food's Banquet pot pies could be connected to 139 cases of salmonella food poisoning in 30 states. ConAgra stopped production of the pot pies. ConAgra said their pies were safe, if properly cooked, but they also advised consumers not to eat their chicken or turkey pot pies, until the pies are adequately investigated. The Centers for Disease Control and Prevention has been following reports of salmonella cases since last Wednesday. Although most cases of Salmonella go unreported, we do know that Salmonella strikes approximately 40,000 people a year in the United States, and that Salmonella kills about 600. It can cause bloody diarrhea, fever, dehydration, severe abdominal pain and vomiting. Serious complications are rare, however dehydration is a major cause of the more serious complications which may occur. Young children and the elderly are particularly vulnerable to Salmonella Food Poisoning.

By far, the biggest challenge we attorneys face with food poisoning cases is in proving the source of the tainted food. Because Salmonella is an invasive bacterial infection, it may become symptomatic at varying times after you have ingested tainted food, and with varying intensity. When Salmonella does strike full strength, it is crushing and horrible in its symptoms. One of our expert witnesses, a professor at the University of California in immunology and infectious disease, compares Salmonella to regular gastroenteritis, as "the difference between a bicycle and an eighteen wheeler". He says that you feel as if you have a rag soaked in gasoline in your gut. Another doctor we have used says that your gut is literally "crying", because it is so inflamed.
The best way we have learned to prove origin and causation for Salmonella is by marking the time of the onset of symptoms, and then counting backwards. Of course, you should go to the Emergency Room and they should take samples for lab testing. The results of the lab tests may not come back by the time you are over your symptoms, however they are important for proof and also for public health. Then, the poisoned person or a family member should count backwards and determine where they might have eaten, and when. Next, consult with the local Department of Public Health to determine if any other reports or complaints have been made about food poisoning, particularly regarding food from the same establishment. These cases are proven often not by direct proof but through circumstantial evidence such as poor hygiene and inadequate supervision of employees handling food. If you have Salmonella Food Poisoning, above all, stay hydrated. Water will probably just make you throw up. You should go to the ER and receive intravenous liquids. Good luck, Claude Wyle.

For more information on this subject, please refer to the section on Defective and Dangerous Products.

Originally posted at InjuryBoard by Claude Wyle

Unwanted Ingredient in Salmon Spread Prompts Recall

Claude Wyle — Sun, 07 Oct 2007 18:30:09 GMT

Eating Jensen's Smoked Salmon and Onion spread will give you more than just bad breath. "Listeria monocytogenes," a bacteria that can cause serious and sometimes fatal infections, has worked its way into Jensen's product line. Listerine won't work on Listeria, so if this product is in your fridge, throw it out.

For more information on this subject, please refer to the section on Defective and Dangerous Products.

Originally posted at InjuryBoard by Claude Wyle

635,000 Chinese Toys Recalled by US Product Safety Commission

Claude Wyle — Fri, 05 Oct 2007 18:12:44 GMT

More than 635,000 Chinese Toys have been recalled by the US Product Safety Commission. The majority of the toys are unsafe because they contain toxic levels of lead. Children can suffer serious injuries from lead exposure. Other products are unsafe due to faulty manufacturing or design. Since roughly 10% of the recalled items are Halloween toys, the products came off the market just in time for parents to keep their children safe.

For more information on this subject, please refer to the section on Defective and Dangerous Products.

Originally posted at InjuryBoard by Claude Wyle