November 2011 Archives

Cadillac, Toyota Recall Thousands of Defective Vehicles

November 14, 2011

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The Associated Press is reporting that Toyota recalled more than 550,000 vehicles worldwide because of a steering problem it discovered, while GM is recalling nearly 700 Cadillacs because of a brake issue, UPI reports.

You would think by now vehicle makers would be at the point where the number of vehicles they have to recall would be limited. They spend years building vehicles and have top-notch designers coming up with the newest concepts for safety and technology. Yet here we are at the end of 2011 and half a million cars are going to have to be repaired because of problems that could potentially lead to a serious or fatal accident.

Don't misunderstand. Our product liability lawyers are thankful that companies voluntarily, and sometimes with pressure from the government, recall vehicles that can be dangerous to consumers.

But defective vehicles are much more serious of an issue than other products that can be called back after a problem is discovered. These are several-ton vehicles that can be driven at speeds over 100 mph. They are killing machines if not properly handled right and certainly if they are designed poorly.

Car companies have many standards to hit in terms of safety and making sure that in a crash a person will be relatively safe. But they apparently lack when it comes to ensuring that a vehicle will work correctly.

This comes with many still remembering the braking issues that Toyota had in recent years that led to several deaths. According to the Associated Press, the Toyota recall affects 447,000 vehicles in North America, along with another 100,000 abroad. The models include Camry, Highlander, Sienna, Solara, Avalon and Highlander HV.

The company has received about 80 reports of a defect in steering going back to 2007, but the company says there are no reports of accidents or injuries. In the last two years, the companies have recalled nearly 14 million vehicles.

Consumers should be aware that if a strange noise is heard coming from the engine, they are urged to make an appointment with a Toyota or Lexus dealer to get the vehicle inspected. If parts are required to fix the issue, they will be furnished without a charge to the consumer.

The Cadillac issue relates to a brake boost push rod issue in its 2012 model year Cadillac CTS vehicles made in a five-day period in October. Nuts holding the power vacuum brake boost push rods may not be torqued to the proper specifications, according to the National Highway Traffic Safety Administration.

The issue could cause a nut to loosen and allow the brake boost push rod and the brake pedal to separate. GM has told consumers they will service the vehicles for free.

Thankfully, the companies are able to get the word out about the recalls so that people who have these vehicles can get them fixed. But considering that vehicles can cost tens of thousands of dollars, they should be right the first time.

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As Holidays Approach, Beware of Defective Child Products

November 9, 2011

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With Halloween passing and Thanksgiving on the horizon, the holiday is officially here. And that also means that parents will be shopping for presents for their children.

As the U.S. Consumer Product Safety Commission recently reported, Spin Master Inc. agreed on payment of a $1.3 million civil penalty for not reporting the defective and hazardous nature of Aqua Dots. The children's craft kit stuck together when water contacted it, allowing children to create different shapes.

Defective products come in all shapes and sizes. For children, there are millions of toys available at department stores, specialty toy stores and online. While the first thing people may look for is what the child is interested in, they must also consider the potential risks of the toy.

Our defective product attorneys have seen many children harmed by dangerous products. Like any industry, the toy industry rewards those who get their products out quicker. The more advertisements on television and in weekly fliers, the more profits between now and the new year.

But companies are required to test products to ensure they are safe. And they must report if there are defects that could pose a safety risk to children. In October 2007, Spin Master received reports that children were becoming sick after swallowing Aqua Dots. The company also found out the children who ingested a similar product containing TMG were also getting sick. That product was manufactured oversees.

The next month, the company received reports that children had ingested its product, fallen ill and into comas and required hospitalizations. It took several days before the company and the CPSC recalled about 4.2 million packages of the product. The recall noted that children who swallow the beads can fall into comas, have seizures or develop respiratory problems as a result.

The kits were sold for between $17 and $30 from April to November 2007. Spin Master had an outside testing company analyze the toxicity of the product, but the CPSC found it to be inadequate. Federal law requires companies to report problems within 24 hours after hearing of a defect than can cause injury, potential harm or death.

But companies often will wait longer, taking time to strategize about the best way to handle the situation rather than focusing on the safety and well-being of consumers.

This holiday season, please do a good job of looking at the products you are buying for children in your family. Be sure there isn't a choke hazard or that the child is old enough to avoid a potential problem. Some companies won't take the time to warn consumers until it's too late, so consumers must take on that role themselves. The holidays are the time of year we most often bring new products into the home. Too often, a victim and family blame themselves for injuries caused by defective products. Such cases should always be reviewed by experienced legal counsel.

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