Recently in Products Liability Category

June 27, 2010

Parents Awarded $15 Million California Wrongful Death Verdict Against Enterprise Rent-A-Car Over Fatal 2004 Motor Vehicle Crash That Killed Their Two Daughters

Nearly six years after Jacqueline and Raechel Houck were killed in a California car accident, a jury has awarded their parents $15 million for their wrongful deaths. The sisters were riding a rented 2004 Chrysler PT Cruiser on Highway 101 N on October 7, 2004 when the vehicle went over the median, struck a big rig truck, and burst into flames. Raechel, 24, and Jacqueline, 20, died from their injuries. According to experts for the plaintiffs, Houck was unable to steer the car because of a power-steering fluid leak.

A few weeks after the tragic car wreck, the girls' parents found out that the vehicle their daughters had rented was one of 435,000 PT Cruisers that Daimler Chrysler had recalled just a month before because the power steering hose was at risk of leaking and posed a possible car fire hazard. Enterprise records indicate that the Houck sisters' rental had not been repaired after the recall was announced. It had, however, been rented out four times.

Mark Matias, the Enterprise Northern California manager at the time, has sworn that he didn't know that the vehicle had been recalled until after the women's deaths. He also said that it was not against company policy to rent out a recalled vehicle.

The plaintiffs' California wrongful death attorney says the car rental company which had contested the civil complaint for five years--initially blaming the car crash on Raechel's driving. It wasn't until last month that Enterprise finally admitted its negligence in the sisters' deaths. The rental company tried to settle with the siblings' parents for $3 million if they would keep the details surrounding the traffic accident confidential. They refused to make a deal.

Automakers go to the trouble of recalling vehicles because they may have defective parts that could cause a vehicle to malfunction. If you or someone you love was injured in an Orange County, California car accident because of an auto defect, you may have grounds for a case. Even if a recall was never issued, you still may have sufficient reason to file an Orange County, California products liability lawsuit.

Jury awards $15 million in Santa Cruz wrongful death case against Enterprise car rental, Mercury News, June 22, 2010

CLOSURE: Couple wins lawsuit over rental car company blamed for daughters, Contra Costa Times, June 27, 2010


Related Web Resources:
Enterprise

California Department of Transportation

Safercar.gov

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May 29, 2010

Movie Star Dennis Quaid Files Los Angeles Dangerous Drug Lawsuit Against Baxter Healthcare Corp. For Twins Near-Fatal Heparin Overdose

Actor Dennis Quaid has filed a Los Angeles products liability lawsuit against Baxter Healthcare Corp. This is the second dangerous drug complaint that the movie star has filed against the pharmaceutical company over the Heparin overdose that nearly killed his then-newborn twins. His earlier injuries to minor lawsuit, filed in Illinois, was dismissed and upheld on appeal twice.

On May 22, in Los Angeles Superior Court, Quaid is seeking unspecified damages. His dangerous drug complaint contends that the twins were administered the fatal overdose because of a labeling issue that contributed to a medication mix-up.

Quaid's twins, Thomas Boone and Zoe Grace, nearly died after they were each given 10,000 units of Heparin instead of 10 units. The medication error caused them to bleed out and landed them in the ICU.

Now, the movie star is claiming that Baxter should have recalled the Heparin vials with 10,000 units and issued a warning to medical providers because this type of mix-up had occurred before and resulted in serious consequences. He also says that the twins may have sustained permanent injuries and there could be serious health complications later on.

Quaid is seeking punitive damages and compensation for medical expenses. He would also like the healthcare company set up a fund for any medical expenses the medication mistake may cause his son and daughter to incur in the future.

In 2008, Quaid and his wife Kimberly settled their Los Angeles medical malpractice lawsuit against Cedars-Sinai Medical Center over their twins' Heparin overdose for $750,000. Each twin also was to receive another $250,000 each.

Medication mix-ups can prove fatal or result in serious health complications. You may have grounds for a Los Angeles personal injury lawsuit if your doctor prescribed the wrong medication, a medical professional administered you the wrong dose of the correct drug, the pharmacy gave you the wrong medicine, or a pharmaceutical company manufactured a dangerous drug, incorrectly packaged the medication, failed to warn of serious side effects, or provided unclear instructions.

Dennis Quaid sues again over twins drug overdose, Reuters, May 25, 2010

Quaid sues healthcare company, Toronto Sun, May 24, 2010

Heparin Overdose Suspected In Texas Hospital Baby Death, 16 Others Affected, Medical News Today, July 9, 2008


Related Web Resource:
Baxter

Cedars-Sinai

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April 18, 2010

Preventing Auto Products Liability: Toyota Verifies Safety Problem with 2010 Lexus GX460 SUV Following Rollover Allegations by Consumer Reports

Toyota says it experienced the same problem with its 2010 Lexus GX460 SUV that prompted Consumer Reports to issue a rare "Don't Buy" warning to car shoppers. The automaker is in the process of determining what to do about this safety issue.

Already, Toyota has temporarily suspended the sale and manufacture of the GX40 in the wake of concerns brought forth by the popular magazine. The car manufacturer, which has come under fire for waiting too long to act after finding out about the unintended acceleration problems, immediately set about trying to replicate the magazine's findings.

Consumer Reports, known for its vehicle tests and reviews, said that the vehicle's back slid out too far during sharp turns when taken for a test run under simulated conditions. Ideally, the vehicle's electronic stability control is supposed to keep the vehicle from rolling over, but Consumer Report says that during testing, the GX 460 was almost sideways before its ESC responded to remedy the situation.

Another major auto defect is the last problem Toyota needs right now. Last week the automaker recalled 870,000 Sienna minivans (600,000 in the US and 270,000 in Canada) over a corrosion issue that can happen after long-term exposure to road salt, which may cause the spare tire to come off the vehicle and drop onto the road.

The automaker is still dealing with the fallout of recalling over 8 million vehicles in recent months because of brake problems, ill-fitting floor mats, gas pedal problems, and unintended acceleration issues. Dozens of plaintiffs have stepped forward to file auto products liability complaints and wrongful death lawsuits over the defects that have caused catastrophic injuries and killed a number of people. The Us Department of Transportation fined Toyota $16.4 million for its delayed response to the sudden acceleration problems.

Toyota Agrees Lexus S.U.V. Has Problem With Handling, NY Times, April 16, 2010

Toyota conducts safety tests on all SUV models, AP, April 15, 2010

Toyota recalls 870,000 more vehicles amid cable concerns, Financial Times, April 19, 2010


Related Web Resources:

Don't Buy: Safety Risk--2010 Lexus GX 460, Consumer Reports, April 13, 2010

Rollover: The Hidden History of SUV, PBS.org

Continue reading "Preventing Auto Products Liability: Toyota Verifies Safety Problem with 2010 Lexus GX460 SUV Following Rollover Allegations by Consumer Reports" »

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March 23, 2010

CPSC and Graco Recall Harmony™ High Chairs After Product Defect Causes Fall Injuries

Fall accidents can cause serious injuries to anyone--especially babies and toddlers, who are at high risk of breaking their bones and sustaining head injuries. It is the responsibility of product manufacturers to make sure that they don't design any defective products that could make the chances of a fall injury more likely, which is why Graco Children's Products, along with the US Consumer Product Safety Commission, is recalling approximately 1.2 million Graco Harmony™ High Chairs.

The possible fall hazard can occur if the screws that hold the chair's front legs come lose or fall out or the plastic bracket on the back legs crack. When either of these product flaws are present, the high chair becomes unstable and is at risk of tipping over without warning. This is a product defect and our Orange County, California products liability lawyers want to join the CPSC and Graco in warning parents and guardians to stop using this high chair immediately.

Already, there have been 24 reports of related injuries, as well as 464 reports of the brackets cracking or the screws falling or coming loose. All Harmony™ High Chairs are affected by the recall. These chairs are no longer being manufactured.

According to a 2008 Podcast presented by the Centers for Disease Control and Prevention:

• Fall accidents is the number one cause of injuries to children.
• About 8,000 kids/day are seen in US ER's for fall injuries--that's nearly 2.8 children annually.

Fall accidents involving kids can lead to head injuries, traumatic brain injuries, back injuries, broken bones, bruises, cuts, and sprains, while causing unnecessary pain and suffering to your child. Unfortunately, even if parents and guardians take preventive steps to prevent fall accidents from happening to their children, there are product manufacturers that continue to make furniture that are a fall hazard.


Graco Recalls Harmony™ High Chairs Due to Fall Hazard, Consumer Product Safety Commission, March 18, 2010

Podcasts at CDC


Related Web Resources:
Head injuries, KidsHealth.org

Graco

Consumer Reports

Continue reading "CPSC and Graco Recall Harmony™ High Chairs After Product Defect Causes Fall Injuries" »

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March 8, 2010

California Auto Products Liability Lawsuit Filed Against Toyota in Lexus Acceleration Accident that Killed CHP Officer and Three Family Members

Six months after off-duty CHP Officer Mark Saylor, his wife, teenage daughter, and brother-in-law Christopher Lastrella were killed in a California car accident involving a runaway Lexus ES 350, their relatives have filed a wrongful death lawsuit suing Toyota Motor Corp. for damages. In their California auto products liability complaint, the plaintiffs claim that the vehicle was defective and that no proper warnings were given about this. Other defendants named in the complaint are the automaker's US division, the Lexus dealership that lent the vehicle to Saylor while his car was being serviced, and a number of other corporate entities.

The Saylor family and Lastrella were fatally injured on August 28 when their Lexus accelerated to up to 120 mph before driving off the freeway, rolling over, and catching fire. Just before the deadly collision happened, Lastrella called 911 to plead for help. The vehicle occupants thought the brakes had stopped working when in fact, the gas pedal had gotten caught in the driver's side floor mat.

This shocking and preventable cause of the tragic California car wreck has prompted Toyota to recall over five million vehicles so that the gas pedals and ill-fitting floor mat defects can be fixed. Since then, Toyota has recalled other vehicles over brake problems and sticking gas pedals. At least 34 car accident deaths are now allegedly linked to the Toyota acceleration problem that have caused motorists to lose control of their vehicles that then accelerate to high speeds before crashing.

Although Toyota has apologized for these defects that have cost people their lives, the automaker's reputation for safety has taken a huge dent. Of course, for those that have either died or lost loved ones in runaway Toyota car accidents, a mere apology is not enough to make up for such devastating losses.

Toyota sued over deaths in key California crash, Reuters, March 4, 2010

Gov't: 34 Deaths Reported From Toyota Vehicles, CBS2.com, February 15, 2010

Related Web Resources:
NHTSA's Advice to Toyota Customers, National Highway Traffic Safety Administration

Toyota Motor Corporation

Continue reading "California Auto Products Liability Lawsuit Filed Against Toyota in Lexus Acceleration Accident that Killed CHP Officer and Three Family Members" »

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February 24, 2010

Dangerous Drug?: Senate Report Alleges That GlaxoSmithKline Knew Avandia Increased Heart Attack Risk

This week, the US Food and Drug Administration told patients that despite reports affirming that taking Avandia can increase the chances that the user may have a heart attack, it is important that patients continue to use the drug until they've sought the advice of a personal physician. Thousands of people take Avandia to treat Type 2 diabetes.

Over the weekend, US Senators Charles Grassley and Max Baucus released a report accusing pharmaceutical company GlaxoSmithKline of knowing for years about the heart attack risk even before a 2007 study in the New England Journal of Medicine reported this dangerous side effect. The FDA even recommended in 2008 that Glaxo take Avandia off the market because the drug was causing about 500 heart attacks and 300 heart failure incidents a month.

Grassley and Baucus note in their report that despite Glaxo's duty to warn patients and the FDA about this unfortunate cardiovascular risk, the company instead tried to misrepresent or minimize the findings while intimidating independent doctors. However, Glaxo claims that the congressional report is incomplete.

Dangerous Drugs
If there is a possibility that your loved one's heart attack, injury, or illness was caused by taking medication, you may have grounds for filing an Orange County, California dangerous drug lawsuit against the pharmaceutical company that made the drug. Over-the-counter and prescription medications are supposed to improve patient health and/or alleviate pain. They aren't supposed to hurt you, make you sick, or kill you.

Our Orange County, California products liability lawyers are committed to making sure that victims of negligent manufacturers and pharmaceutical companies are compensated for the harm that they have suffered because of a dangerous drug or another defective products.

Diabetes patients should not stop taking Avandia, FDA says, USA Today, February 22, 2010

Research Ties Diabetes Drug to Heart Woes, NY Times, February 20, 2010

Glaxo Knew Avandia Caused Heart Risk, Report Says (Update1), BusinessWeek, February 20, 2010


Related Web Resources:
6 Things You Should Know About Avandia, US News & World Report, February 25, 2010

Avandia, GlaxoSmithKline

Continue reading "Dangerous Drug?: Senate Report Alleges That GlaxoSmithKline Knew Avandia Increased Heart Attack Risk" »

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February 23, 2010

Los Angeles Products Liability Lawsuit Blames Toyota Acceleration Defect for 21-Year-Old's Wrongful Death

The mother of Tyrene Livingston is suing Toyota for Los Angeles wrongful death. Sandra Livingston filed her California auto products liability lawsuit on Monday.

Her Los Angeles County products liability complaint claims that in 2007, Tyrene, 21, brought her new Toyota Yaris back to the dealer because she was experiencing brake problems. The dealer reportedly told her that her car was working fine. Unfortunately, four days after the Toyota accelerated out of control and she died at the crash site.

Although the Toyota acceleration accident took place in Pennsylvania, Sandra filed her wrongful death complaint in California, because that is where Toyota's North American headquarters is located. Sandra claims in her lawsuit that the automaker should have provided either a means for the brake to override the system or a mechanical connection between the engine and the brake.

Our California Injury Lawyers Blog has been closely monitoring the acceleration problems that have been plaguing Toyota and the owners of its vehicles. So far, the car manufacturer has recalled over 8.5 million Toyota vehicles over issues with the gas pedals, brakes, and floor mats.

This week, Toyota's top US sales executive, James E. Lentz, stood before the House Commerce and Energy Committee and apologized over the problems that led to the need to recall so many autos. While repairs have been made to alleviate the sticking gas pedals and ill-fitting floor mats, Lentz acknowledged that the repairs won't completely solve the problems. He noted that electronics could be a possible cause of the sudden acceleration incidents that has led to Toyota drivers losing control of their vehicles. Lentz says the automaker intends to install electronic programming that will let the brake override the throttle on more autos than what was previously announced.

Toyota exec says recall won't 'totally' fix problem, Los Angeles Times, February 23, 2010

LI mom sues Toyota over death crash, New York Post, February 23, 2010


Related Web Resources:
NHTSA Launches Probe into Timeliness of Three Toyota Recalls, National Highway Traffic Safety Administration, February 16, 2010

Toyota Motor Corp.

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February 10, 2010

Woman's Family Files California Auto Products Liability Lawsuit Against Toyota for Camry Car Crash that Caused Her Los Angeles County Wrongful Death

The family of 66-year-old Noriko Uno is suing Toyota for California wrongful death. They are claiming auto products liability over the fatal car crash that occurred when her Camry accelerated out of control on August 28, 2009--the same day that four people died in San Diego when their Lexus accelerated out of control. That runaway car crash led to the recall of over 4 million vehicles because the gas pedal could get entangled in the floor mat.

According to witnesses, Uno's Camry accelerated to 100 mph. She wove in and out of traffic until her vehicle hit a curb, flew into the air, struck a pole, and hit a tree. Uno died from her Los Angeles County car accident injuries.

The family's Los Angeles County wrongful death lawsuit claims that Uno died because of a defect with her Camry's electronic "drive-by-wire" throttle system. The automaker has maintained that this system is not a cause of the numerous runaway Toyota car accidents that have been happening.

Uno's family is seeking unspecified damages and is calling on Toyota to expand its recall further. The car manufacturer has recalled 2.3 million vehicles over the sticking gas pedal problem, but Uno's Camry, a 2006 model, is not included in the recall.

The family's California auto products liability lawyer says Toyota should recall its 2002 - 2006 Camry models. He says the National Highway Traffic Safety Administration and the automaker were aware of 389 complaints filed involving these models over accelerators that went out of control but that the NHTSA closed its probe because it couldn't obtain enough data to arrive at any final findings.

This week, Toyota recalled hundreds of thousands of other vehicles over other defects. The auto manufacturer recalled 437,000 Prius and Lexus hybrids so that the software that controls the brake system can be repaired. It also recalled 7,300 Camrys ( 2010 model) because of a problem with the brakes.

The federal government is also looking into complaints that there may be a problem with the steering on the 2009 and 2010 Corollas. About 80 complaints have been filed in the US.

Toyota Corolla steering problems prompt complaints to feds, February 9, 2010

Toyota To Recall 437,000 Hybrids As Prius Concerns Add To Woes, February 9, 2010

Calif. suit blames Toyota throttle for fatal crash, Reuters, February 4, 2010


Related Web Resources:
Recall Information, Toyota

NHTSA

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January 22, 2010

Toyota Recalls 2.3 Million Autos Over Gas Pedal Defect and Chrysler Recalls 24,177 Vehicles Over Possible Brake Failure

On Tuesday, Chrysler announced the recall of 24,177 vehicles over an auto defect that can lead to brake failure. The vehicles included in the recall are the:

• Dodge Avenger
• Chrysler Sebring
• Nitro
• Commander
• Jeep Liberty
• Grand Cherokee SUV
• Dodge Ram Trucks (2009 and 2010 models)

Except for the 2009 Dodge Ram trucks, all of the vehicles are 2010 models. There have been no reports of accidents or injuries so far. Chrysler says that because of a manufacturing error, the brake booster road retaining clip either wasn't installed or was placed incorrectly in the vehicles. Car owners can take their vehicles to a Chrysler dealership where the part can be reinstalled.

On Thursday, Toyota recalled 2.3 million trucks and cars over a faulty gas pedal. This latest recall comes in the wake of nine large recalls by Toyota last year that impacted approximately 4.9 million motor vehicles. This latest Toyota recall involves:

• Tundra pickups, 2007 - 2010 models
• Matrix hatchbacks, 2009 - 2010 models
• Avalon sedans, 2005 - 2010 models
• Camry sedans, 2007 - 2010 models
• Corolla, 2009 - 2010 models
• Sequoia SUV's, 2008 - 2010 models
• Highlander, 2010 model
• RAV4, 2009 - 2010 models

Our Orange County, California auto products liability lawyers want to remind you that if you were injured in a car crash because of a defective auto part or because a vehicle malfunctioned you may be entitled to personal injury compensation. It doesn't matter whether a recall announcing the defect was issued. Car manufacturers owe consumers a duty of care to design and manufacturer autos that are free from hazardous defects.

Also, the National Highway Traffic Safety Administration announced this week that it is examining Ford Motor Co. F-150 pickup trucks (2004 - 2006 models) over a possible air bag defect. About 1.56 million vehicles may be involved in this probe. Ford thinks that an electrical short may be causing the problem.

The automaker received over 300 complaints that the airbag on the driver's side deployed without warning and not because of a motor vehicle crash. Over 60 people have been injured. Cuts to the hands, arms, and face are among the injuries. Two motorists lost consciousness.

NHTSA Expands Probe of Faulty Airbags in Millions of Ford Trucks, FoxNews, January 22, 2010

Toyota Recalls 2.3 Million Vehicles to Fix Gas Pedals, Bloomberg.com, January 22, 2010

Chrysler recalls vehicles over brakes, AP/Yahoo, January 19, 2010


Related Web Resources:
NHTSA

Defects and Recalls, Safercar.gov

Continue reading "Toyota Recalls 2.3 Million Autos Over Gas Pedal Defect and Chrysler Recalls 24,177 Vehicles Over Possible Brake Failure" »

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January 14, 2010

Plaintiff With Spinal Cord and Head Injuries Files Los Angeles County Auto Products Liability Lawsuit Against Nissan Over Seatback Defect

More than three years after Jaklin Mikhal Romine sustained catastrophic injuries during a Los Angeles County car crash, she is now suing Nissan Motor Co., Nissan Design America, Nissan North America Inc., Vintec Co., and Ikeda Engineering for California auto products liability.

Romine was stopped at a Pasadena intersection on October 21, 2006 when another vehicle rear-ended her 2000 Nissan Frontier. In her Los Angeles County injury lawsuit, Romine claims that a seatback defect caused the seat she was on to collapse backward. As a result, her head struck the back seat, and she sustained serious head injuries and spinal cord injuries. Romine is now an incomplete paraplegic.

Romine's Los Angeles auto products liability complaint accuses Nissan of knowing that the seatbacks in her pickup truck were not strong enough to survive a modest rear-end crash. She says that other car accident victims have filed personal injury lawsuits over the same defect in the past. She also says in-house testifying verified that the seatbacks were faulty.

The plaintiff contends the seatback defect could have easily been corrected with stronger recliners, seatback frames, and belt-integrated seats. She is accusing Nissan of choosing profit over vehicle occupants safety.

Seat Back Defects
Seat back defects are not uncommon and they can prove fatal. A seat that collapses backwards can cause serious head and spinal injuries for the occupant in the seat that collapses, while the person riding behind the defective seat that falls backward is at risk of sustaining chest and head injuries. A seat that collapses forward during a collision can also prove catastrophic for vehicle occupants.

Car manufacturers are supposed to design and make seats that are free from defects and will not collapse during a collision. An automaker can be held liable for Orange County, California auto products liability if serious injuries or death results.

Fox Business News, January 13, 2010

Related Web Resources:
Products Liability, Justia

Seat Failures and Occupant Restraints

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December 18, 2009

CPSC Recalls 447,000 Dorel Baby Carriers and 50 Million Roll-Up Blinds and Roman Shades to Prevent Injuries to Children

To protect children from injuries, the Consumer Product Safety Commission announced two large recalls this week. Today, along with the National Highway Traffic Safety Administration, the CPSC recalled 447,000 Dorel baby carriers following 77 reports of the carrying handle coming off. This creates a hazard that has hurt at least three infants. These injuries have included bumps, bruises, and one head injury.

The carrier can also be used as a stroller and a car seat. The CPSC says the hazard only exists when the handle is used on the carrier, which means it can still be used to secure infants in motor vehicles. Brands that use the Dorel carrier include Cosco, Safety First, Disney, and Eddie Bauer.

With so many parents taking such great care to ensure that they don't accidentally drop their babies or allow them to fall onto the ground unprotected, a child carrier with an improperly working carrier handle can be cause for concern--especially if the baby ends up striking his/head on a hard surface. An experienced Anaheim head injury attorney can help you determine whether you have grounds for filing a products liability claim because of a defective baby carrier.

Just three days ago, the CPSC announced the recall of 50 million roll-up and Roman shades because they can cause strangulation injuries if a child's neck gets tangled in the window covering's cord or becomes trapped between the cord and the blind or shade. At least 16 near strangulations and 8 deaths have been linked to these window coverings since 2001.

The CPSC and Window Covering Safety Council are reminding adults to keep the shade cords away from kids. If a cord does extend low enough for a child to reach, then it needs to be properly secured so the cord can't wrap around a child's neck. Furniture that toddlers and young kids can climb onto should be kept away from corded window coverings.

While recalling defective or hazardous products is a good way to prevent injury accidents from happening, it would be even better if manufacturers were to stop making dangerous and defective goods. Entrapment injuries, choking injuries, strangulation injuries, lead poisoning, and fall-related injuries are just some injuries to children that have been known to happen.

447,000 baby carriers recalled, CNN Money, December 18, 2009

Fall Hazard Prompts NHTSA, CPSC and Dorel Juvenile Group to Announce Recall of Infant Car Seat/Carriers, CPSC, December 18, 2009

Retailers Recall 50 Million Blinds on Choking Risk, Bloomberg, December 15, 2009

Related Web Resources:
Window Covering Safety Council

Baby Products, Consumer Reports

Continue reading "CPSC Recalls 447,000 Dorel Baby Carriers and 50 Million Roll-Up Blinds and Roman Shades to Prevent Injuries to Children" »

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December 3, 2009

California SUV Rollover Lawsuit: US Supreme Court Rejects Ford Appeal Over $82 Million Auto Products Liability Verdict

The US Supreme Court is refusing to review the $83 million verdict awarded in the California SUV rollover lawsuit against Ford Motor Co. The auto manufacturer has sought to have the auto products liability award against it overturned since 2004 when a jury awarded $369 million to Benetta Buell-Wilson for her personal injuries. That was the first time Ford had ever lost a products liability lawsuit involving a Ford Explorer.

During the appeals process, the award amount was reduced. Eventually Buell-Wilson and her husband were awarded $55 million in punitive damages and $27.6 million in compensatory damages.

In 2002, Buell-Wilson sustained a spinal cord injury that left her a paraplegic. The then 46-year-old mother of two swerved her Ford Explorer to avoid striking a metal object that fell from another vehicle. Her sport utility vehicle then rolled over four times.

Buell-Wilson and her husband sued Ford for California personal injury. They claimed that the Ford Explorer had a poorly designed roof and that it was prone to rollovers.

SUV Rollover Accidents

Thousands of motor vehicle crashes are caused by auto rollovers. The vehicle may be an SUV, a van, a passenger vehicle, or a light truck. Out of all these vehicles, however, SUV's have the highest rollover rate.

Auto defects that can lead to SUV rollover injuries:

• Poor vehicle design with its higher center of gravity
• Defective tires
• Roofs that easily crush inward during a rollover accident
• Defective seat belts
• Inadequate safety features

An Orange County, California SUV rollover accidents can lead to spinal cord injuries, traumatic brain injuries, massive internal injuries, and wrongful death.

Auto manufacturers are supposed to design vehicles that are not easily prone to rolling over. The motor vehicles should also come with the proper safety devices to protect passengers in the event of a rollover accident. An SUV rollover can be caused by a defective auto part or by a negligent motorist. Injured parties may have grounds for filing an Orange County, California auto products liability lawsuit.

Supreme Court rejects Ford's appeal in rollover case, Los Angeles Times, December 1, 2009

$369M Verdict In SUV Rollover, CBS, June 4, 2009


Related Web Resources:
Statement of Benetta Buell-Wilson, Public Citizen, March 23, 2004

US Supreme Court

Rollover: The Hidden History of the SUV

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November 28, 2009

Toyota Announces that It Will Replace Gas Pedals on Millions of Recalled Vehicles

On Wednesday, Toyota announced that it is replacing the accelerator pedals on at least 3.8 million Toyota and Lexus autos to prevent future accidents involving unintended acceleration. The car manufacturer announced its largest recall ever in September following growing evidence that catastrophic car crashes can occur if the floor mat jams the gas pedal.

At least five deaths have been linked to this defect, which claimed the life of four members of a Southern California family last August. Bloomberg.com reports that the sudden acceleration has led to over 2,000 complaints by Lexus and Toyota owners and that these incidents have involved 243 injuries and 16 deaths.

Now, Toyota says it is going to install a "brake override" that will sharply lower engine power if the brake pedals and accelerator are pressed at the same time to make sure that drivers can stop any vehicle that is out of control. Toyota says that temporary, shorter gas pedals will replace the current ones until replacement pedals are developed.

On Tuesday, Toyota also announced that it is recalling 110,000 Tundra pickup trucks due to concern that frame corrosion can cause spare tires to dislodge or damage brake lines. The recall affects 2000 - 2003 Tundra models in Northern states where de-icers are used treat roads during the winter.

Auto Products Liability
Auto defects can cause multiple injuries and deaths, which is why it is so important that defects be remedied and identified immediately. If you've been injured in an Orange County, California car accident that you believe was caused by a defective or malfunctioning auto part, you may be entitled to auto products liability compensation for personal injury or your loved one's wrongful death.

Brake defects, engine failure, defective seat belts, faulty airbags, roof defects, rollover-prone autos, defective door latches, faulty power windows, and defective window glass can cause catastrophic injuries and deaths during a collision.


Toyota Recalls Tundra Pickups for Frame, Bloomberg.com, November 24, 2009

Pedals to be replaced in Lexus, Toyota recall, Newsday, November 25, 2009

Toyota Sued by Consumers Over Sudden Acceleration of Vehicles, Bloomberg, November 7, 2009


Related Web Resources:
Toyota

Toyota Recall September 2009 Affects 3.8M Vehicles Crash Due To Gas Pedal Stuck On Floormats, Device Mag, September 30, 2009

Continue reading "Toyota Announces that It Will Replace Gas Pedals on Millions of Recalled Vehicles" »

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November 25, 2009

Preventing California Injuries to Children: CPSC Recalls More than 2.1 Million Drop-Side Cribs and Approximately 1 Million Strollers

Drop-side cribs are once again in the media headlines following news that the Consumer Product Safety Commission and crib maker Stork Craft are recalling over 2.1 million drop-side cribs in the US and Canada. The recall was announced because of concern that a baby or toddler might get injured in a fall accident, suffocation accident, or entrapment accident if the drop-side becomes detached from the crib.

Already, there have been at least 110 drop-side detachment incidents reported, including four suffocation accidents, 15 entrapment accidents, 20 fall accidents, and four deaths. The drop-side plastic hardware can deform or break or certain parts may be missing. The drop-side might also have been installed upside down. Parents and other caregivers are being told to stop using the cribs right away and to wait for the free repair kit.

These defects can be very dangerous for young infants, especially when they are in the cribs unsupervised. In the last two years alone, the CPSC has recalled over 5 million drop-side cribs. Earlier this year, major crib manufacturers signed off on a proposal banning drop-side cribs in the US.

With infants and toddlers so dependent on others to take care of them, parents need to be able to rely on product manufacturers to make goods that are safe for use. Yet this isn't always the case, and crib makers of defective cribs that have caused injury or death have been sued for products liability and wrongful death.

Earlier this month, the CPSC and Maclaren USA announced the recall of about 1 million umbrella strollers following reports that 12 kids' fingertips were amputated when they put their fingers in the hinge mechanism of the stroller.

While recalling a defective or dangerous product is a positive step forward, there are still the victims who were injured before the recall was announced. Losing a fingertip, sustaining a traumatic brain injury after surviving a suffocation accident, or breaking one's back during a fall accident can be very painful and traumatic and life-altering for a child victim.

Infant Entrapment and Suffocation Prompts Stork Craft to Recall More Than 2.1 Million Drop-Side Cribs, CPSC, November 23, 2009

Maclaren USA Recalls to Repair Strollers Following Fingertip Amputations, CPSC, November 9, 2009

Major manufacturers propose ban on drop-side cribs, Chicago Tribune, March 18, 2009


Related Web Resources:
Crib safety tips, Consumer Reports

Kids in Danger

Continue reading "Preventing California Injuries to Children: CPSC Recalls More than 2.1 Million Drop-Side Cribs and Approximately 1 Million Strollers " »

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November 14, 2009

California Personal Injury: Are Hospital Beds an Entrapment Hazard?

Hospital beds are used in Orange County, California hospitals, outpatient facilities, nursing homes, as well as in many private home care situations. According to the Center for Devices and Radiological Health, some 2.5 million hospital beds are used in this country. A hospital bed is one that meets certain requirements that make it a medical device.

The Food and Drug Administration is now reporting that between 1985 - 2009, there have been at least 803 reported incidents in the US of patients getting entangled, caught, trapped, or strangled in these beds. These injury accidents have resulted in 138 injuries and 480 deaths. In 185 incidents, hospital workers were able to prevent patient injuries. The majority of patients involved in hospital bed accidents are older people and/or those who are frail or confused.

According to FDA nurse-consultant Joan Ferlo, hospitals should check the hospital's beds to make sure they don't pose an injury hazard. The mattress any grab bar or rail that comes with the bed should be examined to make sure that they aren't entrapment hazard. Possible entrapment zones involving hospital beds:

• Between the mattress and rail
• Beneath the rail
• Between split bed rails
• Between the foot or headboard and a rail end
• Between the mattress end and the foot or headboard

Hospital beds can also present a possible fire hazard if there is damage to the bed's power cord, the bed's motor overheat, there is an electrical short, clothing or sheets are placed too close to power sources, or dust clogs up the motor. The patient can sustain serious and painful burn injuries as a result.

Product manufacturers must make sure that their products are designed in a way that won't cause injury or death to consumers. Failure to fulfill this responsibility can lead to a California products liability or wrongful death lawsuit. Hospitals, nursing homes, and other facilities must make sure there are no hazardous conditions on the property that can cause injury or death. Otherwise, they can be held liable for California medical malpractice, premises liability, or wrongful death claims.

Practice Hospital Bed Safety, FDA


Related Web Resources:
Untie the Elderly

Hospitals in California, Yellow Pages

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