Product Liability

Published on: August 28, 2015

IKEA Warns of Wall Chest Tip-over Injuries after Two Toddler Fatalities

Safety experts and Atlanta personal injury lawyers have been warning of the risk of child fatalities in furniture tip over accidents for many years.Last year, two toddlers were killed in furniture tip over accidents involving an IKEA dresser unit model. Now, IKEA North America is telling millions of owners of these dressers that these chests must be firmly anchored to the walls in order to prevent accidents of the type that killed the two toddlers.

IKEA has confirmed at least 14 tip over incidents that resulted in four injuries. The company says that the chest must be firmly anchored to the walls, in order to prevent injuries like these.

According to the US Consumer Product Safety Commission, one fatality involved a two-year-old boy in Pennsylvania who died in February last year, when a MALM chest of drawers fell on him. The boy was pinned to a bed, and died from his injuries. The second fatality involved a two-year-old child from Washington, who was killed in June of last year when a similar chest fell on him. According to IKEA North America, it has three other reports of child fatalities since 1989 involving tip overs of other models of chests. The company is offering free wall-mounting repair kits for 27 million dressers.

Published on: June 23, 2015

Defective Takata Airbags Now Linked to 105 Injuries, Six Deaths

by Robert N. Katz, Esq.

A committee that is currently investigating car recalls linked to defective Takata airbags says that the Japanese auto parts supplier recently decided to update recall information. The updated toll from the airbags defect is now 105 injuries and 6 fatalities.

The earlier toll was 64 injuries and five fatalities linked to the malfunctioning airbag. However, since then, Takata has apparently identified at least 40 more incidents of malfunctioning airbags resulting in serious injuries, including one that resulted in at least one death.

The defect causes the airbags to shoot off potentially dangerous fragments that can seriously injure occupants in the vehicle. Occupants are at risk of serious injuries, including eye injuries, facial injuries and other injuries as a result of being hit in the face by these pieces of shrapnel.

Published on: November 17, 2014

Air Bag Recalls Continue to Expand

by Robert N. Katz, Esq.

As we mentioned in a post back in September, 2014 has been a record year for auto recalls. And the year isn’t over yet. Approximately 14.3 million automobiles from ten different manufacturers have now been recalled for faulty air bags manufactured by Takata.

The air bags, which were installed in vehicles from 2000-2011, may explode when they inflate. The force of the explosion may shatter the air bag container, sending metal and plastic shrapnel into the driver and passenger. The problem has been linked to propellant chemicals in the air bag, and may be aggravated in high-humidity climates. As a result, there have been more widespread recalls in high-humidity areas, including Georgia. So far there have been five fatalities and over 100 injures attributed to the defective air bags. The most recent death, which sparked a new wave of recalls, was of a pregnant woman in Malaysia.

The National Highway Traffic Safety Administration (NHTSA) is urging owners of the affected vehicles, which include cars by Honda, Toyota, Mazda, BMW, Nissan, Mitsubishi, Subaru, Chrysler, Ford and General Motors, to act on the recalls. Car owners that have been contacted by their cars’ manufacturers should make repair arrangements with local dealerships. Consumers who have not been contacted and are concerned that their vehicles may be affected can check by their vehicle identification number (VIN) here.

Published on: September 15, 2014

Ignition Switch Failure Becoming Large Issue for Automaker

by Robert N. Katz, Esq.

General Motor’s faulty ignition switches have been a hot topic in the news since the beginning of 2014. In February, GM recalled 800,000 vehicles due to defective ignition switches, and since then, the number has grown to 29 million vehicles recalled in North America. Vehicles affected by the defective ignition switch include the Chevy Cobalt, Chevy HHR, Pontiac Solstice, Pontiac G5, Saturn Ion, and Saturn Sky

According to GM, a heavy key ring or a “jarring event,” such as hitting a bump in the road, could cause the defective ignition switch to slip out of position, shutting off power steering and brakes, and causing the air bags to fail in a crash.

Deaths & Injuries Linked to the Faulty Switch

Published on: September 1, 2014

What to Do If Your Car Is Recalled

by Robert N. Katz, Esq.

2014 is turning out to be a record year for recalls. Millions of cars already have been recalled this year, most of them from the General Motors. Fresh data released by Carfax confirms that as many as 36% of all recalled cars on American roads are not repaired.

In fact, last year, the auto industry recalled more cars than it sold. In 2013, recalls were up by approximately 25%, which is the highest increase on record since 2004. One of General Motors largest recalls this year, involving more than 2.6 million vehicles, was for a defective ignition switch that has already been linked to 13 fatalities. Clearly, car recalls are not always linked to defects that are inconveniences to customers, but possibly serious defects that could actually cause car accidents involving injuries and death.

Who is to blame for this poor response to recalls? According to Carfax, there are currently at least 36 million recalled cars being operated by motorists in the United States. In many cases, people are completely unaware of the recalls, while in the remaining cases, the people have been informed of the recall, but chose not to respond anyway.

Published on: November 25, 2013

Tips for Safe Holiday Gift Shopping for Children

by Robert N. Katz, Esq.

Most retailers across the country are reporting early holiday shopping this year as consumers start buying for family, co-workers, and friends.Many of those gifts will include children’s accessories, toys, and other products. This is the right time of the year to remind parents that the toys and products that they choose for their children must be safe from the risk of injuries.

Most injuries related to children’s products involve the face and head, including a large number to the eyes and forehead area. Unfortunately, there are far too many children’s toys that come with removable parts and sharp parts that pose a serious eye injury hazard.When you buy toys as gifts this holiday season, avoid toys that come with protruding parts, spikes, or sharp or pointed edges.

Avoid buying guns and shooting toys, or toys that come with parts that fly off. These can actually turn into dangerous projectiles, and can cause injuries not just to the child who is using the toy, but also other children and adults in the environment.

Published on: November 4, 2013

Safer Headlight Technology Being Developed to Prevent Accidents

by Robert N. Katz, Esq.

Every year, there are variations in the number of car accident fatalities, but one fact remains the same — more fatal car accidents occur at night than in the daytime hours.Nighttime driving comes with its own set of challenges, and one of those is the lack of adequate roadway lighting.A new study focuses on the potential for improving nighttime driving through more advanced automobile headlight systems.

The research was recently presented at the International Symposium on Automotive Lighting in Germany.One scientist involved in the study presented a paper outlining the different types of lighting technologies that can help make nighttime driving both safer and easier.Specifically, these technologies involve headlights that can focus light onto particularly tricky and dangerous roadways.This would be done by using headlights that swivel or bend to put more light onto the turn of the road.

According to the report that was presented at the conference, earlier studies that compared cars equipped with these headlight systems and vehicles with conventional low beam headlights, found that the number of accidents occurring at night actually dropped. For instance, there was a drop of approximately 4% in nighttime accident frequency along low-speed roads. On high-speed roads with shallower curves, the drop was between 1% and 2%.

Published on: February 7, 2012

FDA’s Poor Oversight of Disposable Wipes Makers Poses Safety Risk to Consumers – Product Liability Claims Likely

by Robert N. Katz, Esq.

The Food and Drug Administration has failed in its responsibility to maintain oversight over companies that manufacture disposable wipes.As a result, sanitation and hygiene standards at these facilities have dropped, and the result has been several fatalities and infections across the country caused by contaminated wipes.An investigation by the Milwaukee-Wisconsin Journal Sentinel found poor hygiene standards at a facility operated by yet another Wisconsin-based company that manufactures wipes.

Product liability claims are likely from any serious infection or wrongful death which arises due these wipes. A personal injury arising out of a serious infection often results in long-term hospitalization and continuing issues for the individual. Product liability claims which arise out of the improper manufacturing of a product can be very difficult to prove. However, personal injury lawyers have developed a variety of techniques of attacking these types of cases. The work of government agencies is often an important component in establishing civil liability in these matters.

That company, Rockline Industries manufactures baby wipes and other wipes that are used in hospitals and homes.According to the investigation, at least 5 years ago, employees of the company acting as whistleblowers wrote a letter to the Food and Drug Administration warning that thousands of contaminated wipes were being manufactured at the company’s Arkansas facility.The whistleblowers alleged that the company was aware of the contamination of these wipes, but failed to take action, and continued to ship these wipes across the country.

Published on: February 6, 2012

Company Recalls Dining Tables Due to Personal Injury Risks

by Robert N. Katz, Esq.

A California-based company and the Consumer Product Safety Commission are announcing a recall of dining tables, because of the risk that the tables could collapse, injuring consumers. As any personal injury attorney who has handled a collapsing table or chair case can attest, the injuries from this type of incident are more significant than they may first appear. For instance, consider the possibility of a small child sitting at a table that collapses. The weight of the table could easily seriously injure or kill the child.

For adults, the risk of a collapsing table relates more to a leg or knee injury. If the heavy wooden table were to collapse on an individual’s knee, then there is a significant potential for a knee replacement surgery. It is good that the company has taken the issue seriously and is recalling the tables. They will very likely avoid a number of product liability claims.

The table, the Dover Dining Table is manufactured in China and imported by West Elm, a division of Williams-Sonoma of San Francisco, California.According to the Consumer Product Safety Commission, West Elm is recalling approximately 830 dining tables in the United States.In Canada, 10 tables are being recalled.The recall is linked to a potential defect that could cause the wooden base of the table to collapse.This can cause the glass top to fall, posing serious injury hazards to consumers seated at the table.

Published on: February 1, 2012

Georgia Appeals Court Overturns Yamaha Rhino Injury Verdict

by Robert N. Katz, Esq.

The Georgia Court Of Appeals has reversed a jury verdict in favor of a Yamaha Rhino rider, who suffered a serious personal injury during an off-road vehicle accident.The victim, a gravedigger from Georgia had been riding his Yamaha Rhino off-highway vehicle when the vehicle flipped over.He suffered serious leg injuries.

A court had ordered Yamaha to pay damages of $317,000.However, the Georgia Court of Appeals has now reversed the verdict.According to the appeals court’s decision, unlike a car accident, the victim had assumed the risk of injuries when he purchased the off-road vehicle in 2006.With this and to the dismay of many personal injury lawyers, Yamaha’s unblemished Rhino injury lawsuit record continues.The company has continually won lawsuits arising out injuries and fatalities resulting from accidents involving its off-road vehicle.However, the company has also entered into undisclosed settlements with several injured people, so the unblemished track record isn’t that clean.Those settlements are confidential, however.

The Yamaha Rhino was introduced in 2003, and quickly became popular among a growing generation of off-road vehicle fans.These off-road vehicles are different from all-terrain vehicles, in that they do include some additional safety features like safety belts.However, consumer safety groups soon found that the Yamaha Rhino was linked to a number of accidents ending in injuries.Some of the injuries that have resulted from these off-road vehicle accidents have been severe.Yamaha Rhino riders, who were caught or trapped when the off-road vehicle flipped over, have suffered from severe crushing injuries, and arm and leg injuries.There have also been amputations and severe limbs.The Rhino weighs about 1,100 pounds, and any accident that results in the vehicle flipping over and landing on a person, can cause serious injuries.