New York Injury Talk Blog

Kroger Onion Soup & Dip Mix and Kroger Beefy Onion Soup & Dip mix are being recalled because of the possibility of salmonella being present. This recall is for Onion Soup & Dip Mix with a "sell by" date of January 6, 2011 to February 17, 2011 and for Beefy Onion Soup & Dip mix with sell-by dates of December 28, 2010 to February 23 2011.

Salmonella is a potentially lethal bacterium and may attack the bloodstream and intestines. The most common symptoms of a salmonella infection include abdominal cramps, fever, joint pain, urinary tract infections and diarrhea. These symptoms typically begin as quickly as six hours after you consume the contaminated product and as long as four days after. So far, no illnesses have been reported in connection with these Kroger products.

It is the responsibility of the food manufacturing or processing company to provide safe products to the consumer. If you eat at a restaurant and consume food contaminated with salmonella or E. coli and develop a food-borne illness as a result, the restaurant may be held liable for your illness and subsequent costs of treatment. In some instances, these food-borne illnesses have caused long-term or lifelong adverse health effects in victims.

Continue reading "Salmonella Scare in Kroger Products" »

This summer, Chrysler plans on fixing over 355,000 minivans. They are quick to point out that this is not a "recall" in the vein of the recent Honda and Toyota recalls. Chrysler claims that even with this new problem with the airbags, their vehicles still meet the federal standard for safety. In addition, no personal injuries due to defective airbags in New York or throughout the U.S. have been reported at this time, officials say. Apparently, the front airbags in certain Chrysler minivans can fail if the sensor is cracked and then gets wet.

A proper working airbag can save your life. Of course, an airbag will not help if it is not working properly and dos not deploy. Since airbags became mandatory in the mid 1990s, more than 18,000 lives were saved by use of an airbag by the year 2006. However, between 1990 and 2006, there were 262 deaths due to malfunctioning airbags. Faulty airbags can cause serious injuries when they fail to deploy or when they deploy suddenly or at a time when they are not supposed to release.

Continue reading "Chrysler Will Repair the Airbags in Over 355,000 Minivans" »

Honda Motor Company has expanded its vehicle defect recall to include an additional 438,000 vehicles worldwide, including 379,000 in the United States. According to a news report, Honda officials said the driver's airbag inflators in these vehicles may expand with too much pressure, which can cause the inflator casing to break. This could result in injury or death. The expanded airbag defect recall in New York and throughout the nation includes 2001 and 2002, Accord, Civic, Odyssey, CR-V and selected 2002 Acura TL vehicles. So far, 12 incidents have been reported in connection with the airbag inflator problem.

The original recall stemming from these problems was issued in November 2008 for 2001 and 2002 models of Accords and Civics as well as some 2002 model year Acura TL vehicles. Last summer Honda added 443,727 vehicles to that recall in the United States. Now, that total number of vehicles recalls is up to more than 826,000 in the United States. Last month, Honda announced a separate recall for 646,000 Fit, City and Jazz models over defective power window switches that pose a potential fire hazard. That auto product defect caused one death in South Africa.

Continue reading "Honda Recalls Vehicles for Airbag Defects" »

The U.S. Department of Agriculture has issued yet another beef recall over food poisoning concerns. This time, it's from Adams Farm Slaughterhouse LLC., a company in Athol, Massachusetts that is recalling about 2,574 pounds of beef products, which may be contaminated with the deadly E. coli O157:H7 bacteria. At least one Massachusetts resident is reported to have been sickened by this contaminated beef.

This is the third beef recall just in the last three months over E. coli contamination. In November, ground beef from New York-based Fairbank Farms resulted in 26 illnesses, 19 hospitalizations and five who developed hemolytic uremic syndrome (HUS). This is a complication of E. coli infections, which could lead to kidney damage or even death. In December, Oklahoma-based National Steak and Poultry recalled about 124 tons of mechanically tenderized beef products. Those tainted beef products left 21 people sick in 16 states, including nine hospitalized and one case of HUS. In total, 776,000 pounds of E. coli-tainted beef have been recalled over these three months.

Continue reading "E. Coli Fears Prompt Yet Another Beef Recall" »

With consumer confidence certainly waning in the auto sector over the last couple of months, Toyota has issued yet another recall, this time due to an anti-lock braking system (ABS) software glitch. Toyota announced the voluntary recall on February 9, 2010 for several vehicle models, including the popular 2010 Prius. The complete list of recalled Toyota vehicles includes the following:

• 2004-2010 Prius


• 2005-2010 Avalon


• 2005-2010 Tacoma


• 2007-2010 Tundra


• 2007-2010 Camry


• 2008-2010 Highlander


• 2008-2010 Sequoia


• 2009-2010 RAV4


• 2009-2010 Matrix


• 2009-2010 Venza


• 2009-2010 Corolla


• 2010 Lexus HS 250h

With this recent recall for Toyota defective brakes, 133,000 Prius vehicles and 14,550 Lexus HS 250h vehicles will be affected. Anti-lock brake systems (ABS) are utilized in motor vehicles to maintain tire traction while driving over rough or slick road conditions. However, the software responsible for controlling ABS has proven unreliable, and Toyota owners may find themselves experiencing inconsistent braking while operating the aforementioned affected vehicles. Inconsistent braking could potentially lead to loss of vehicle control, which could further result in a motor vehicle accident and serious injuries. More information regarding these recalls may be obtained at www.toyota.com/recall, or by calling the Toyota Customer Experience Center at 1-800-331-4331, or the Lexus Customer Assistance Center at 1-800-255-3987.

Continue reading "Toyota Announces Official Recall Due to Brake Defects" »

Hyundai, the Korean auto maker, has issued an auto product defect recall for 65,266 Hyundai Azera vehicles from 2006-2009 model years, according to a news report in the Miami Herald. The National Highway Traffic Safety Administration (NHTSA) states that the vehicles involved in the recall were manufactured between September 27, 200 and October 1, 2008.

These Hyundai Azera models have a wiring harness for the right front seatbelt tension sensor that could become damaged after repeated use of the seatbelt. This could lead to the right front passenger airbag not deploying in the event of a car crash. This seatbelt and airbag defect could lead to catastrophic or fatal injuries to the front passenger. When the recall begins, Hyundai dealers will replace the wiring harness for the seatbelt tension sensor free of charge. If you own a Hyundai Azera involved in this recall, you should take your car to a dealer right away to check if your seatbelt tension sensor needs to be replaced.

Continue reading "Hyundai Azera Models Recalled for Defective Airbags" »

Vehicle safety is an issue that many motorists take for granted. We trust that auto manufacturers have rigorously tested their products, ensuring the safety of consumers as a consequence. However, as the most recent safety recall issued by Toyota illustrates, faulty design is not always caught by auto manufacturers before its products are introduced and sold to the public.

The National Highway Traffic Safety Administration reports that between 2006 and 2009, 13 Toyota vehicles have been involved in fatal accidents stemming from gas pedal sticking. Due to statistics such as these and additional reports of serious accidents involving Toyota’s accelerator defects has resulted in Toyota recently recalling over 2.3 million vehicles, specifically the 2009-2010 RAV4, Corolla and Matrix models; the 2005-2010 Avalon; 2010 Highlander; 2007-2010 Tundra and the 2008-2010 Sequoia; and some 2007-2010 Camrys . This recall comes after an earlier recall that was announced in November 2009 of floor mats that Toyota had indicated were at risk of becoming lodged underneath gas pedals, causing them to accelerate uncontrollably.

Continue reading "Toyota Accelerator Defect Results In Voluntary Recall" »

An Associated Press news report has shown that children's jewelry sold in retailers such as Wal-Mart, Claire's and New York City dollar stores is tainted with a dangerous, poisonous metal called cadmium. What is cadmium? It is a substance, which has been listed number seven on the U.S. Centers for Disease Control's (CDC) top 200 hazardous substances. Federal regulators really cracked down on lead-tainted toys last year. So more and more Chinese toy makers are now resorting to cadmium, which is extremely toxic even in low doses.

The AP report says children can get persistent low-level doses by regularly sucking or biting jewelry with a high cadmium content. The news agency conducted lab tests on cadmium jewelry bought at stores including several in New York. The investigation showed that out of 103 pieces of costume jewelry, 12 contained at least 10 percent cadmium, which can cause brain damage and kidney failure in young children. A day after this report came out, Wal-Mart pulled several suspect items off its shelves. Cadmium exposure at high levels can even cause cancer, experts say.

Continue reading "Cadmium-Tainted Children's Products under Scrutiny" »

The Consumer Product Safety Commission (CPSC) announced on January 20, 2010 the recall of about 1.5 million Graco strollers for an amputation and laceration hazard caused by a problematic hinge mechanism. According to a huffingtonpost.com article, the recall for Graco Children’s Products Inc. strollers includes certain model numbers of its Passage, Alano and Spree Strollers and Travel Systems. The model numbers and manufacture dates can be found on the lower inside portion of the stroller’s rear frame, which is above the back wheels. Consumers are being told to discontinue use of the strollers or contact PA-based Graco for a free repair kit.

The recalled strollers were sold between October 2004 and December 2009 at several stores including Wal-Mart, Target, AAFES, Burlington Coat Factory, Babies R Us, Toys R Us, Kmart, Sears, and many others. The recall was issued after seven incidents were reported of children either having their fingertips amputated or cut from putting their fingers in a stroller’s canopy hinge when it was being opened or closed.

Continue reading "1.5 Million Graco Strollers Recalled for Amputation, Laceration Danger" »

A 22-year-old dancer has sued New York-based Cargill Inc. after she came down with food poisoning from eating an E. coli-tainted hamburger in 2007, which left her paralyzed. According to a news report, the woman's medical bills have already totaled to $2 million and she is likely to undergo more expenses for constant care and medical attention for the rest of her life. She apparently went through nine months of hospitalization, rehabilitation and other treatment. The E.coli infection left her with brain damage, kidney damage, and has made her unable to walk and unable to pursue her passion – dance.

The woman apparently ate a hamburger sold at Sam's Club at a family barbecue in 2007. The hamburger she ate was processed by Cargill. It was contaminated with a deadly strain of E. coli. The New York Times recently reported that the tainted meat came to Cargill from one of its suppliers.

Continue reading "E. Coli Food Poisoning Leaves Dancer Paralyzed" »

A new study by Consumer Reports shows that Toyota Motor Corp. registered way more complaints regarding sudden acceleration in its 2008 model year vehicles than any other auto maker. According to a news report in the Los Angeles Times, Toyota and Lexus got 41 percent of all consumer complaints that were logged by the National Highway Traffic Safety Administration (NHTSA) that had to do with runaway acceleration. Toyota topped Chrysler, Honda, General Motors and Nissan combined with regard to this auto product defect issue. Ford came in second with 28 percent of complaints relating to sudden or inadvertent acceleration.

Toyota issued its largest ever vehicle defect recall last month of 4.2 million vehicles after a fatal car accident in San Diego that killed four people. Initially, defective floor mats were thought to have caused the accelerator to jam in the Lexus involved in that particular accident. But a federal investigation determined that the problem also had to do with the way the accelerator pedals were designed in these vehicles. So far, 19 people have died in sudden acceleration accidents involving Toyotas since 2002 model year, Los Angeles Times review of records shows.

Continue reading "2008 Toyota and Lexus Models Receive Most Complaints for Sudden Acceleration" »

Nissan North America is recalling more than 10,500 model year 2009 Sentra sedans that are equipped with Bosch master cylinders because of the risk of the brake fluid leaking from the master cylinders. According a news report in Automotive Fleet, the brake system warning indicator will illuminate if the amount of brake fluid in the master cylinder reservoir decreases to below the minimum level. The National Highway Traffic Safety Administration (NHTSA) warns that if the driver ignores this cautionary light, one of the brake circuits in the vehicle may fail, thus increasing the stopping distances and risking a car accident.

Brake defects are extremely serious auto product defects that can result in catastrophic injuries or even death. Motorists count on a vehicle's brakes to be able to stop, which is especially important when a driver needs to avoid a crash involving a person or a vehicle. More than one person's life could be in jeopardy if a car's brakes fail. The sudden lack of braking function could very well lead to a crash and can be a difficult situation even for the most experienced driver. Hundreds of people are killed each year because of defective brakes with problems that include premature lock-up, ABS failures, brake fluid leaks or brake-line defects.

Continue reading "Nissan Recalls Sentras for Defective Brakes" »

Safeguarding a home against potential dangers is a common task for new parents. However, while many dangers are obvious, some remain hidden and may not present themselves to parents until it’s too late and tragedy has struck. According to an abcnews.com article, more than two million Stork Craft drop-down-side cribs have been recalled by the Consumer Product Safety Commission. This is the largest crib recall ever to occur in the United States.

Due to faulty plastic hardware, the sides of the crib are likely to detach, and pose a significant threat to the safety of children. The CPSC is urging consumers to stop using the cribs immediately. To date, the defective cribs are responsible for at least 110 incidents involving injuries sustained by children in the United States and Canada. Some children who have sustained injury while becoming entrapped by the faulty crib design have suffered further injury after becoming unpinned by the crib arm and falling out of the crib. Four infants have suffered from suffocation death due to the dangerous crib defect.

Over the past two years, the CPSC has recalled nearly five million cribs that have had issues with dangerous drop-down sides. Approximately 1,213,000 units have been distributed in the U.S., with 147,000 cribs having been sold with the Fisher-Price logo, and 968,000 units have been distributed in Canada. Consumers may contact Stork Craft for more information, or to request a free repair kit, by calling toll-free (877) 274-0277.

Continue reading "Stork Craft Recalls 2.1 Million Cribs for Suffocation Danger" »

Defective products can seriously injure our children. We may not know it, but some products that we commonly use in our homes may pose risks. Recently, three different companies recalled window blinds and shades because children could become tangled in the inner cords and become strangled as a result. According to an NBC news report, Bed Bath and Beyond recalled their Dublin Energy Solution roman shades manufactured by Louis Hornick and Company.

So far, two child injuries have been reported in connection with these shades. Hanover Direct is also recalling their faux suede roman shades after a 2-year-old became entangled in the cord. Another company that recalled window blinds is Swedish retailer IKEA, also for strangulation hazard.

Several children have also died as a result of becoming entangled in the inner cords of these blinds and shades. Some have suffered brain injuries because when they were strangled, oxygen was cut off to the brain. These incidents were all tragedies that could have been prevented if the blinds had been manufactured properly.

Continue reading "Defective Blinds Recalled for Strangulation Hazard" »

A federal auto safety agency has opened an investigation regarding possible airbag defects in Ford F-150 pickup trucks. According to a news blog in The Car Connection, the National Highway Traffic Safety Administration's (NHTSA) Office of Defects Investigation is looking into "inadvertent airbag deployment" in the Ford pickup trucks. The agency has received eight complaints from consumers who stated that the driver's side airbag deployed unexpectedly either when starting the engine or shortly afterward. Five out of eight, who complained about this auto product defect, said they sustained injuries as a result of sudden airbag deployment. The investigative report states that wire chaffing may have been a potential cause of the airbag deploying without any cause or warning. The investigation involves only the 2005 model Ford F-150 so far.

Airbag defects in New York and throughout the United States can lead to devastating injuries or even death. As consumers, we count on the latest technology in our automobiles – such as airbags – to protect us in the event of a car accident. However, there have been many instances where airbags fail to deploy or deploy when there is no crash. In this case, the possibility of a car crash is very high because the defective airbags that could deploy inadvertently are on the driver's side.

Continue reading "Ford F-150 Airbags Investigated for Sudden Deployment" »

Two people are suspected to have died in the latest case of food contamination involving meat that was sold across various New York retail stores. WPIX reports that approximately 546,000 pounds of ground beef are in the process of being recalled due to E. coli bacteria contamination. Various supermarkets including Wild Harvest, Shaw's, BJ's, and Trader Joe's had carried the beef that was sold by Fairbank Farms in Ashville and produced between Sept. 14 and Sept. 16, 2009. It was distributed in the tri-state area as well as Maryland, Massachusetts, North Carolina, Pennsylvania and Virginia.

E. coli symptoms can include severe stomach cramps, diarrhea that could turn bloody within one to three days, nausea and vomiting. Symptoms of E. Coli infection usually diminish or end in about a week with no further problems. However, severe blood and kidney problems may occur two to 14 days after the onset of diarrhea. These problems can cause kidney failure and sometimes long-term disability or death in some children and older adults.

Continue reading "New York Defective Product Attorneys Concerned By Contaminated Beef" »

The recent recall of about 546,000 pounds of fresh ground beef distributed in September by Ashville, NY-based Fairbank Farms, has left consumers and citizens concerned about the risk of E. Coli contamination. According to a manufacturing.net article, the recalled meat was sold in stores in New York, Maryland, Massachusetts, New Jersey, North Carolina, Pennsylvania, and Virginia.

The report stated that at least two deaths and 26 other illnesses may be connected to the recalled fresh ground beef that might be contaminated with E. coli bacteria. Apparently, one of the deaths involved a New York adult with multiple underlying health conditions. The other death was previously reported by New Hampshire when a patient died of complications. A spokeswoman for the Centers of Disease Control and Prevention said that all but three of the suspected E. coli infections are in the northeastern United States and 18 are in New England.

The recall notice issued by the U.S Department of Agriculture stated that the possibly contaminated meat was sold under the Fairbank Farms name in numerous forms, including meatball mix, hamburger patties, and meatloaf. Another important note is that the recalled products were sold at Price Chopper, Trader Joe’s, Lancaster, Shaw’s, Wild Harvest, BJ’s, Ford Brothers, and Giant stores in packages that carried the number “EST. 492” on the label. Furthermore, the meat was packaged September 15-16 and may have been labeled with a sell-by date from September 19 through September 28. So considering that the recalled meat should no longer be sold as a fresh product in supermarkets, consumers must turn to their freezers to make sure that they do not ingest possibly tainted meat.

Continue reading "Meat Recalled Due to E. Coli Contamination" »

Mitsubishi is recalling about 530 Endeavor vehicles from its 2010 model year because the retainer bracket used for the seat-mounted side airbag frames may not have been properly welded. The airbag could fail in the event of the crash by failing to deploy. This auto product defect in New York and throughout the nation applies only to Mitsubishi Endeavors manufactured between May 26 and July 28, 2009. During the recall, vehicle dealers will check the weld, and if necessary, replace the seatback assembly free of charge.

As motorists, we depend on airbags to protect us at the time of a crash. But when airbags fail to deploy the injuries can be catastrophic or lethal. If you or a loved one has been severely injured or killed as a result of a faulty airbag, you may be able to seek compensation from the manufacturer of such a defective product. Whether your injuries involve airbags that deployed when they weren't supposed to or a non-deployed airbag, the auto maker could be held liable for making the defective auto product.

Continue reading "Mitsubishi Recalls Vehicles for Possible Airbag Defects" »

Toyota Motor Corp. has issued a large-scale auto product defect recall involving 3.8 million vehicles, the company's largest ever recall in the United States. According to an Associated Press news report, the recall is being issued to address problems with a removable floor mat that could cause accelerators to get stuck and lead to a crash. Toyota has not been able to resolve the issue with the mat and is asking consumers to remove the mats and not substitute them until the company comes up with a fix.

The National Highway Traffic Safety Administration has so far received 102 incident reports where the accelerator may have become stuck as a result of these defective floor mats. The recall was spurred by a fatal car accident in San Diego where a California Highway Patrol officer and three of his family members were killed after the floor mat of the Lexus he was driving slipped and the accelerator got stuck. The car barreled out of control and reached speeds of 120 mph before crashing and bursting into flames. The recall will affect 2007-2010 model year Toyota Camry; 2005-2010 Toyota Avalon; 2004-2009 Toyota Prius; 2005-2010 Tacoma; 2007-2010 Toyota Tundra; 2007-2010 Lexus ES350 and 2006-2010 Lexus IS250 and IS350.

Continue reading "Toyota Recalls Vehicles for Defective Floor Mats" »

Honda has recalled an additional 440,000 Civic, Accord and Acura TLs to repair a potential airbag defect, according to this CNN news report. This defective auto product recall in New York and throughout our nation involves driver-side airbags in certain 2001-02 Honda Accords, 2001 Civic models and 2002-03 Acura TLs. In some of these cars, the airbag inflators can produce over pressurization of the driver's front airbag inflator mechanism during airbag deployment. This can cause the inflator casing to rupture and metal fragments could pass through the cloth airbag cushion material, posing the risk of injury or death to the vehicles' occupants. With a damaged airbag, occupants may not be protected in the event of a car accident.

Airbag defects are serious vehicle defects that can result in catastrophic injuries or death to a vehicle's occupants. We count on airbags to deploy and cushion the impact of a car crash. But when airbags do not work the way they are supposed to function, it can result in severe trauma to those in the vehicle.

Continue reading "Honda Recalls Cars for Airbag Defects" »

Six companies have recalled about 4.2 million roll-up blinds and 600,000 Roman shades for a strangulation hazard that has reportedly resulted in the death of four young children and the near-strangulation of seven other children. According to a news report in The Baltimore Sun, the blinds and shades were sold at retailers nationwide including Target, Pottery Barn and IKEA. The defective product recall has been issued by the six firms in collaboration with the U.S. Consumer Product Safety Commission (CPSC). The problem with these blinds was exposed cords and loops, which caused children to get accidentally strangled or nearly strangled.

Thousands of people in the United States die each year as a result of defective products that are sold on the market. Some of these products are sold despite the product manufacturer's knowledge of their dangers and risks. What's worse is that consumers are not warned about these risks and dangers. In cases where innocent consumers are seriously injured or killed as a result of dangerous or defective products, the product manufacturers must be held liable.

Continue reading "Defective Blinds and Shades Pose Strangulation Hazard" »

Fiesta is issuing a product safety recall for its Blue Ember gas grills after getting reports of burn injuries and other incidents. According to this consumer safety report, Fiesta has received 192 reports of grill fires resulting in nine injuries. Two of these incidents involved major burns on different parts of the body, six incidents of relatively minor burns and one incident involving temporary hearing loss. Apparently, the hose of the gas tank can get too close to the firebox and cause a burn hazard. This defective product recall involved 88,000 units in the United States and about 25,000 in Canada.

Each year in the United States, thousands are injured as a result of defective products. These faulty products range from toys to cars, to household appliances. Design defects, misleading or deceptive marketing, and manufacturing defects can pose threats of serious injury to unsuspecting consumers. Improper warnings or instructions on a product's packaging may also cause injuries to a person using a defective product in New York.

Continue reading "Defective Gas Grills Could Cause Burn Injuries" »

BMW is recalling its 2008 model 1-Series and 3-Series because of an airbag defect that might prevent the side airbag from deploying, causing a serious injury hazard in the event of a car accident. According to this news report, BMW North America officials say the side airbag defect was caused by an incorrect crimp connector that was used on the side airbag and belt tensioner wiring.

As a result, sufficient contact between the crimp connectors and the corresponding plug may not occur, which could lead to an increase in the electrical resistance of that connection. If that occurs, the side airbag and/or the safety belt tensioner may not deploy, thereby failing to properly protect an occupant, increasing the risk of serious injury.

Auto product defects in New York can cause serious car accidents. As drivers, we count on airbags and seatbelts to protect us in the event of a car crash. However, when these components fail, when airbags fail to deploy or seat restraint systems unlatch, vehicle occupants can sustain catastrophic injuries. If you or a loved one has been injured in a car accident as a result of a vehicle defect, you may be able to seek compensation from the manufacturer of the defective auto to cover medical expenses, loss of earnings and other related damages. If such an accident results in death, the family of the deceased victim may be able to file a wrongful death claim.

Continue reading "BMW Recalls Vehicles for Airbag Defects" »

General Motors Corp. has agreed to take responsibility for future auto product liability claims, removing what may have been a huge obstacle on auto maker's path to a quick sale of its assets and emergence from Chapter 11 bankruptcy as a "new company."

According to an Associated Press article, GM has wished to walk away from liabilities such as defective product lawsuits. But after a significant opposition from consumer groups, attorneys and state officials, GM has said the new company will assume responsibility for future claims involving defective vehicles sold by the old company.

The fact that the "new GM" will protect consumers who were seriously injured by defective "old GM" vehicles is a positive development and a victory for consumers. But GM's concession still does not help those who have been hurt by GM vehicles. Consumers who have been hurt by Chrysler have little or no recourse in product liability cases in New York and throughout the U.S.

Continue reading "GM to Assume Responsibility for Future Product Liability Claims" »

As a partner and trial lawyer at the New York Personal Injury Law Firm of Wingate, Russotti & Shapiro, William P. Hepner was a recent guest on CBS news discussing products liability concerns regarding re-sale of items, specifically yard sales. The CBS video refers to a new law made to protect consumers so that they do not purchase any items that have been previously recalled. In his contribution to the report, William P. Hepner explains that if a recalled or defective product is re-sold to an innocent buyer, whether at a yard sale or by other means, and that consumer is injured or even killed, the individual responsible for selling the item can be held accountable for damages in a lawsuit.

Does this mean that if you’re having a yard sale, you need to check every single item to see if it has been recalled before you put it out for sale on your lawn? Even though it may take some time and careful attention, the answer if you want to prevent injuring another person and being sued is, “Yes.”

Continue reading "William P. Hepner Discusses Products Liability at Yard Sales on CBS News" »

Team-Tex America Inc. is recalling Babyride infant restraint systems (Model 374199) because of a labeling error, according to this news report. The belt routing label with the "horizontal reference line" is apparently incorrectly placed on the child restraint system. These improperly routed belts could result in injury to the child in the event of a crash. The products were manufactured on December 18, 2008. Team-Tex has started notifying owners and will be mailing labels along with instructions for proper placement of the label.

The term "product defects" not only means manufacturing defect, but also includes design defects, deceptive marketing and mislabeling of products. Improper warnings or instructions on a product's packaging can cause devastating injuries to the person using the product. The consequences of New York product liability accidents may cause a long-term effect on victims. If the product is proven to be defective in any of the above ways, the defendant can be held legally responsible for the plaintiff's losses.

Some manufacturers recall defective products when they learn about the defects through consumer complaints. However, a majority of defective products are not recalled. In fact, a number of manufacturers ignore product defects because a recall can be an expensive process. If you or a loved one has been injured because of a product defect, please call the skilled New York product liability attorneys Wingate, Russotti & Shapiro LLP to find out whether you have a case. We always offer a free and confidential consultation.

Fisher-Price is recalling about 200,000 Simplicity Rainforest portable play yards after they received numerous complaints of rails collapsing and creating a fall and entrapment hazard to young children. According to this news report, the U.S. Consumer Product Safety Commission (CPSC) announced that Fisher-Price is voluntarily recalling these defective products although it did not manufacture them.

The manufacturers – Simplicity Inc. – did not respond to the federal agency’s request that they recall these defective products. Simplicity has been involved in massive recalls last year for defective bassinets and cribs that officials say were responsible for several infant deaths in the United States.

Continue reading "Defective Play Yards Create Fall and Entrapment Hazard" »

Cooper Tire is recalling its defective CS4 Touring (VR) tires because the tire treads can separate causing a loss of vehicle control and a crash. According to this news report, the faulty tires may have been cured for an inadequate amount of time, which can lead to the tire tread separation. The defective tires, size 215/55R17, were manufactured in China between September 7 and October 11 of 2008.

Cooper Tire will notify owners and replace, mount and balance any defective tires free of cost. Dealers will also examine suspect tires to make sure that they are part of the recalled batch of tires. The recall effectively began on December 18, 2008. Consumers who have questions about this recall are asked to call Cooper Tire at 1-800-854-6288 or visit National Highway Traffic Safety Administration’s (NHTSA) Web site at www.safercar.gov.

Tire tread separation is a serious problem in tires that could lead to accidents resulting in catastrophic injuries or death. When the tire tread separates, even an experienced driver can lose control of his or her vehicle and crash the vehicle. If you have been seriously injured because of a defective tire in New York, you are entitled to compensation from the tire manufacturer to pay for medical expenses, cost of medication, loss of wages, pain and suffering.

If you or a loved one has been injured or killed because of a dangerous or defective product in New York, please call the Law Offices of Wingate, Russotti and Shapiro LLP. for a free and comprehensive consultation.

General Motors has recalled about 16,000 of its 2009 models of its Buick Enclave, Chevrolet Traverse, GMC Acadia and Saturn Outlook because of a problem with the rear seat belt buckle assembly. According to this report, the sport utility vehicles may have been built with a safety buckle in the second or third row that is missing a rivet. So, during an auto accident, the defective seat belt buckle could separate from the mounting strap leaving the passenger completely unprotected.

If you own one of these vehicles, please take them right away to your Buick, Chevrolet, GMC or Saturn dealer. They will inspect the buckles or replace them if necessary. For more information, vehicle owners may visit www.gmownercenter.com or the National Highway Traffic Safety Administration’s Web site at www.safercar.gov.

Seat belt defects are unfortunately very common. This is worrisome because seat belts perform a key role in protecting the occupants of a vehicle. A properly designed and manufactured seat belt should restrain the occupant by preventing them from getting ejected and preventing violent movement within the vehicle during a crash. Statistics have shown over the years that auto accident fatalities have actually gone down in the United States because of increased seat belt use. But a number of people also die each year because of defective seat belts that do not protect occupants as they should during an auto accident.

If you or a loved has been seriously injured because of a seat belt defect or any other auto product defect, please contact the Law Office of Wingate, Russotti & Shapiro LLP. for a free consultation. We will fight for your rights and make sure that you are fairly compensated for your injuries and loss.

Evenflo is recalling close to 95,000 Majestic high chairs because these products pose a hazard to children when some of the parts come loose and seat backs fall off. According to this Associated Press news report, there have been a number of reports of injuries among children who were placed on these defective chairs – from broken bones to head injuries. Evenflo officials also said that they received more than 1,000 reports of plastic caps and screws falling off the high chairs and 140 reports of seat backs reclining or detaching.

These high chairs were reportedly made in China and sold nationwide at children’s stores such as Toys’R’Us, Babies ‘R’ Us, Burlington Coat Factory and Shopko as well as online at walmart.com from January 2006 to May 2007. For more information, please visit their Web site at www.majestichighchair.com.

We have seen a number of defective children’s products being recalled just this year from children’s furniture such as toddler beds, cribs and bassinets to lead-tainted toys made in China. These defective products have left several young children in the United States injured or dead.

If your child has been injured or killed because of a defective product in New York, or any state, you could be entitled to compensation. No amount of money could compensate for the loss of a child. But the money you get as compensation could help with paying for medical or other expenses related to the injury and help you move on with your life. It will also serve as a penalty to the manufacturers of these defective products.

Man Ejected from Car during Crash Killed on Staten Island Expressway

A 52-year-old man reportedly died of injuries he suffered during an auto accident on November 25, 2008 on the Staten Island Expressway. According to this news report, the victim, who has not yet been identified, was taken to an area hospital after the car he was a passenger in careened into a guardrail on the Staten Island Expressway near its merge with the West Shore Expressway. The driver was reportedly traveling at a high rate of speed. The victim was ejected from the vehicle over the guardrail and fell down to the ground. It is not clear yet how and why he was ejected.

It would be very interesting to see how and why this man was thrown out of the vehicle. The main question here would be: Was the victim wearing his seatbelt? And if he was, did it fail at the time of the accident? If the victim was thrown out of the vehicle as a result of a defective seatbelt, which failed at the time of the accident, then his family members can file a product liability lawsuit against the auto manufacturer.

Seatbelts could be defective because of a manufacturing defect or a design defect. An experienced New York auto product defect attorney will be able to determine using experts how and why this accident occurred and who should be held responsible for it. Victims’ families may be entitled to significant compensation for their personal loss, loss of future wages (especially if the deceased victim was the family’s primary breadwinner) and other related expenses.

“The outbreak appears to be over,” a Centers for Disease Control and Prevention report released August 28th stated. “However, C.D.C. and state health departments are continuing to conduct surveillance for cases of infection with the outbreak strain.”

The New York Times reports the illness has apparently dissipated but questions still remain regarding the pathogen’s origins. Salmonella carrying suspects include Jalapeno peppers described as a “major vehicle”, Serrano peppers described as “also a vehicle”, and Tomatoes described at one time to be “possibly were a vehicle for infection, particularly early in the outbreak”. In a case control study Tomatoes were a vehicle for infection early in the outbreak particularly in the consumption of raw tomatoes. Studies found that relatively few people had eaten raw peppers before becoming sick while a large number of the ill did eat raw tomatoes prior to showing symptoms of e. coli bacterial infection. This supports the possibility of contamination of other produce items, including tomatoes, during growing, processing, or distribution.

Product Liability falls on the farms that grow, process, and distribute these produce. The Baltimore sun reports that “These findings indicate that additional measures are needed to enhance food safety and reduce illnesses from produce that is consumed raw,” the report said.

If you or a loved one have experienced any form of illness in New York after eating produce please contact the experienced New York Foodborne Illness Attorneys at Wingate, Russotti, & Shapiro who have been specializing in food poisoning cases for many years and have a proven success record. Please call 212-222-4336 for a free and confidential consultation.

In March of this year, according to a story in the New York Times, the Senate, responding to an ever-increasing number of injuries from defective toys and other consumer products, approved a measure to overhaul the country’s product liability laws and to fortify the safety agency that is charged with oversight of the consumer marketplace.

The new legislation will increase the staff and budget of the Consumer Product Safety Commission as well as create a public database which will contain consumer complaints about defective products. These changes will allow state prosecutors to take action if they believe that the federal government is not acting to protect consumers.

According to the Times, this is the first time in eighteen years that Congress has acted to adopt major consumer product legislation. The new legislation comes at a time when federal regulators are playing ‘catch up’ in a world of explosive growth of foreign imports. This is especially true when the imports are coming from countries with little to no safety standards. In which case the new legislation could prevent someone from being killed or injured by a defective product from one such country.

Many safety standards that had previously been only voluntary will now be mandatory, and toys would be required to undergo testing in compliance with a comprehensive new set of rules. The Senate bill goes further in increasing the maximum penalty for violations of safety standards from $1.2 million up to a maximum of $20 million.

Continue reading "Washington DC - Senate Votes to Protect Consumers With Stronger Product Safety Laws" »

Several foam manufactures have agreed to settle for $30 million with families of victims of a 2003 Rhode Island nightclub fire that killed 100 people and injured 200, an article in Newsday reported. Egg-crate-style foam on the walls and ceiling of the club has been blamed for fueling the fire, which was sparked by a fireworks display for a rock band at the club.

The lawsuits allege that the defective product that was sold did not have any flame retardant chemicals and produced “unreasonably dangerous toxic smoke and gases” when ignited. The lawsuits also said that the foam was sold even after the manufacturers knew that polyurethane foam was known in the industry as being flammable and not safe in places such as hotels and nightclubs. Plaintiffs’ attorneys also alleged that the foam companies did not test their foam before selling it and did not create awareness among users or warn them adequately about the hazardous material.

The settlements now total to more than $100 million. The most recent settlements must be approved by hundreds of victims who have sued the foam companies for the defective products as well as a federal judge who is overseeing the case. A law professor from Duke University has also been appointed to meet with survivors and victims’ families to determine how much compensation each would receive under the settlements. Those amounts will depend on the extent of the burn injuries and loss suffered by each of the victims and their families.

Continue reading "Foam Manufacturers Pay $30 Million To Settle Product Liability Lawsuits" »

An article in May 16's Food and Dining section of the New York Times brought up an issue that interests us greatly: the reliability of the FDA's regulations. As anyone who bought contaminated lettuce, spinach, peanut butter or pet food last year knows, the FDA is not as good at its job as we might like. This quote from Elizabeth Armstrong of Indiana, the mother of two-year-old Ashley, whose kidneys failed after she ate contaminated spinach, is telling:

“You live in the United States of America and this isn’t supposed to happen. There is an assumption that everything is going to be O.K., that someone must have checked this out, but it is not the case.”

Armstrong is absolutely right on both counts. Most Americans assume a product wouldn't be sold if it were dangerous. We make that assumption because we have laws saying manufacturers have a legal duty to offer safe products, and because we have regulatory agencies that are supposed to ensure that products really are safe.

Unfortunately, neither the companies nor the government do their jobs right all the time. The main point of the article seems to be that the FDA is both underfunded and not aggressive enough. Even a representative of an agricultural trade group -- the companies the FDA regulates -- is quoted as saying the agency needs to issue mandatory rules! While we agree, we also know that the ultimate fault lies with manufacturers who negligently or (in the case of the pet food) perhaps even knowingly let unsafe products go to markets, often just to save a few bucks. By the time a regulatory agency catches it, someone may already have been seriously hurt. At that point, your only recourse is a products liability lawsuit. Litigation won't give Ashley Armstrong her healthy kidneys back, but at least it can provide the money her family needs to pay the steep medical bills for the treatments she now must have -- possibly for the rest of her life.

You may not have noticed, but last week, we narrowly avoided a serious blow to consumers’ safety and rights. The Consumer Product Safety Commission, the federal agency that regulates product safety and enforces recalls of unsafe products, has been operating with an acting chairwoman for almost a year. The Bush Administration’s response? Nominating a manufacturing industry lobbyist as the new chair! Congressional Democrats squelched that idea after they found out that the nominee, Michael Baroody, was due for a $150,000 severance package from the National Association of Manufacturers.

Putting a manufacturers’ lobbyist in charge of consumer protection is nearly a textbook example of having the fox guard the henhouse. Even ignoring the obvious conflict of interests created by a six-figure payoff from the manufacturers Baroody would have regulated, his past track record raises serious doubts about whether he would have kept consumers’ best interests in mind. He’s lobbied for softer regulations -- and they’re already quite favorable to industry -- for 17 years.

The CPSC’s Web page says unsafe products cost our economy $700 billion a year. More importantly, they kill and injure thousands of Americans each year; the commission’s study on toy injuries alone shows 202,300 injuries and 20 deaths caused by unsafe toys in 2005. The report doesn’t say whether the toys were properly manufactured and labeled, but we know that 100 percent of those children’s injuries and deaths were preventable. In our own products liability practice, we’ve seen one client who was permanently brain damaged by a defective product; another client, who was only 21, lost the sight in one eye.

We wrote recently in this space that pet owners affected by this spring’s huge pet food contamination scandal should avoid rushing to settle with Menu Foods, because they may get a better deal if they file a product liability lawsuit. Well, it looks like the company is not just offering consumers a bad deal -- it’s also trying to illegally harass them into accepting it, through their insurance adjustor, Crawford & Co. A USA Today article last week said Menu Foods is actually bullying pet owners to try to get them to settle:

At a previous hearing on Friday, May 18, the judge had cautioned Menu and Crawford that they should not contact people who had joined one of the lawsuits against the company. Legally, Menu cannot contact those plaintiffs directly but must go through their lawyers.

But in affidavits presented in court Wednesday, pet owners said they received calls that weekend from Crawford representatives who pressed them to answer questions even after being told the owners had hired lawyers. In some cases, the pet owners also received multiple calls from Crawford's computerized phone banks after telling representatives they were represented by attorneys, according to the affidavits.

"Menu's representatives asked owners to sign releases which waived their right to get advice from a lawyer," said attorney Jay Edelson in an interview.

It gets better. The judge in this case, U.S. District Judge Noel Hillman in New Jersey, has ordered Menu to have no contact at all anymore with affected consumers. He had some pretty harsh words for the company in a transcript of court proceedings last week: "It seems to me that Menu Food is out to do whatever Menu Foods wants to do in a way that could adversely impact the rights of possible members of the class action suit.”

Continue reading "Contaminated Pet Food Manufacturer Shoots Self In Foot" »

Menu Foods, the maker of most of the contaminated pet foods that sparked a huge recall back in March, finally posted claims information on its Web site this week. As you may recall, more than 100 pet foods were found to be contaminated with melamine, a chemical used in fertilizers and plastics, which caused kidney failure in the pets that ate it. Menu Foods' "general information" sheet suggests that many pet owners would rather settle their claims directly with the company rather than participating in one of the many class actions now springing up around the country. But as this news report from a Cincinnati TV station suggests, settling directly with them comes with lots of strings attached (including waiving your right to sue them later). It only makes sense -- Menu Foods is trying to limit its liability for this huge and therefore potentially very expensive disaster. But if we were advising friends considering participating in this settlement, we wouldn't hesitate to suggest that they hire an attorney instead and consider a product liability lawsuit. Lawyers can not only recover more damages than the settlement probably offers, but if everything goes right, they may also be able to correct a gap in the law on pets, allowing them to recover emotional damages as well.

Pet owners affected by the contaminated pet food were probably surprised to discover that the deaths and illnesses of their babies are legally considered "property damage," rather than wrongful deaths. That might mean the plaintiffs in the lawsuits already filed won't be able to claim damages for their emotional loss, though they will be able to claim financial damages, such as vet bills and burial costs. But in this article from the Philadelphia Inquirer, it's suggested that these cases might set a new precedent that brings the legal world in line with the well-acknowledged reality that people love their pets. The article is a few weeks old, but it's a good armchair analysis of the pet food lawsuits' chance at success and what some of the implications of that success could be. It may all come down simply to whether the judges who hear these suits are sympathetic to the idea that pets have emotional value. We hope they are.