Alabama Product Injury Lawyer Blog

All signs indicate that we are only on the cutting edge of the extent of the problems caused by Toxic Chinese Drywall. Last week, I wrote my first post addressing the status of this problem. Just yesterday, it was reported that Senator Bill Nelson of Florida and Senator Mary Landrieu of Louisiana introduced legislation in the Senate requiring the Consumer Product Safety Commission (CPSC) to recall the Chinese Drywall, increase its investigation into this problem and stop further importation of drywall and other building products from China until further safety standards can be developed. The Senators are also asking that mortgage relief and other types of relief be provided to those homeowners affected by the toxic Chinese Drywall.

The Herald Tribune of Sarasota did an analysis and determined that enough Chinese Drywall entered this country to build over 60,000 homes. The analysis went on to determine that enough of this toxic drywall was off loaded in Florida alone to build at least 36,000 homes. Senator Landrieu is quoted as saying

"This Chinese drywall represents an attack on our homeowners, a defrauding of our home builders and another obstacle on our road to recovery...We also need to help our struggling homeowners with the repair costs that will be necessary to rid their homes of this toxic product.

An article issued by a consumer watchdog group, America's Watchdog's Homeowners Consumer Center, sets forth in detail the indications that the home may be one with this toxic Chinese Drywall. They include the following:

1. Homes/Condos built between 2003 and 2007;
2. Occupants may experience upper respiratory or sinus problems headaches, nose bleeds, coughs and rashes;
3. Continuous failure of AC coils or HVAC units beyond normal. The coils will have turned black or grayish black;
4. Corroded or black wiring in the walls;
5. Oven, stove or refrigerator coils failing a number of times.

This is a serious issue from all indications at this time. Not only are we looking at significant physical problems caused to occupants of the affected homes, but complete reconstruction of these homes from the foundation up. I will continue to follow this significant problem so check back often for updates. Also, if you have any questions about how to proceed if you have one of these affected homes, you are welcome to contact me to discuss your concerns.

Posted by Craig P. Niedenthal | Permalink | Email This Post | Comments (0)

Posted In: Drywall

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Some significant recalls this week. I hope you are finding some value in these weekly (I try) posts advising you of the most significant recalls over the last week. Would love to hear your thoughts about this weekly post and and suggestions or recommendations to make it better. Now, on with the countdown (yeah, quoting Kasey Kassem):
1. Electrolux Cordless Stick Vacuums: About 320,000 of these vacuums are being recalled because the battery can expand and burst, which could injure the user or bystanders. Electrolux has received 34 reports of this problem occurring with damage to surrounding property. These vacuums are 2-in-1 cordless stick vacuums with detachable hand vacuum. The units have 9.6 volts printed on the serial plate. The vacuums were sold between November 2007 and March 2009 at major retailers. For more information, see here. If you have one of these vacuums, stop using it immediately and call Electrolux for a free replacement of the handheld portion which contains the battery. You can also go to the following website: www.stickvacrecall.com for more information.

2. Fisher-Price 3-in1 High Chairs:I try and always post about any recalls which could effect children given their frailty and lack of knowledge. These 3-in-1 high chairs are being recalled by Fisher-Price because the seat can fall backwards from the high chair frame if the booster seat is unlatched while the child is in the seat. The seat back can also detach if not fully snapped in place. Both pose significant risk of falling to small children. It is reported that the manufacturer is aware of one report of child falling as a result of this problem and fracturing his skull. The product number is P5369 and is printed on the side of the seat and on a label on the seat pad. The high chair was sold at Target from December 2008 through March 2009. If you have one of these chairs, stop using it immediately and contact Fisher-Price for a free repair kit. For information on this recall, see here.

3. Aviva Sports Recalls Trampolines: Two trampolines manufactured by Aviva Sports; the Leaps and Bounds Folding Trampolines with Safety Pad and the Private Jump 'N Play Trampolines, are being recalled because the metal legs can bend or break and the bungee cords that secure the mat to the frame of the trampoline can fray or break. Both of these situations can pose a fall hazard to the user. The model numbers involved are 12731 (printed on the pad that goes around the frame of the product) and 0840525 (printed on the enclosure). The products were sold by sports equipment e-retailers and catalogs between September 2006 and January 2009. For more information and pictures of the trampolines involved see here. If you have one of these trampolines, stop using it immediately and contact Aviva to find out how to return the trampoline and get a full refund.

4. Baby Necessities Pacifiers: About 2900 of these pacifiers have been sold at Dollar and discount stores between August of 2007 through January 2009. However, they have been banned by federal law because the nipples separate from the base, posing a risk of choking. The pacifiers have a blue heart-shaped mouth guard and were sold in pack of 4. For more information, see here. You should immediately stop using these pacifiers and contact OKK Trading, the importer, for refund or exchange.

5. Zebco Children's Fishing Poles: About 2700 of these fishing poles have been sold between August 2007 through December 2008. The recall involves the Zebco Advanced Youth Fishing Rod & Reel combo sets which are painted orange and have the words "Zebco" and "ZAVS" printed on the reel handle. The paint on the reels have excessive amounts of lead and yes, it is made in China. If you have one of these fishing poles, you should immediately take it from your child and then contact Zebco about getting a refund. For more information about this recall, see here.

Those are the biggies coming up this week. Again, please let me know your thoughts and comments about how I can make these weekly posts better and of use to you in the future. Until next time, be careful out there.

Posted by Craig P. Niedenthal | Permalink | Email This Post | Comments (0)

Posted In: Consumer Products , Recalls , Recalls of the Week

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Sounds like another problem is brewing in the home construction world similar to what we saw over the last several years with the Dryvit product, a synthetic stucco material applied to the surface of many homes built in the south. Recently, starting in Florida, there have been many reported instances of "toxic" drywall being used in the construction of homes which have lead to several class actions being filed in Florida and several other southern states. Time Magazine reports that toxic levels of chemical pollutants such as sulfur are being emitted from the contaminated drywall which was made in factories in China. During the recent building boom starting in about 2005 and continuing up to last year, there was a shortage of drywall so builders looked to Chinese companies and it is estimated this drywall has been used to build about 60,000 homes in at least 12 states. It is reported a good portion of these homes were built in Florida.

The problems reported by the owners of homes built with this drywall include a strong smell of "rotten eggs" in the home, nosebleeds, headaches, sore throats new air-conditioner systems having their copper-coils corroded in short time, wires in outlets, appliances and lamps going bad, as well as wood products. Cnn.com reports that the Florida Department of Health is evaluating and testing for this issue and has yet to reach final conclusions. The initial testing has indicated trace levels of sulfur based material which is not in the U.S. manufactured drywall. There is some indication that the combination of heat and humidity that is seen in places like South Florida where many of these homes are located, is bringing these problems to the surface. The Consumer Products Safety Commission is beginning its own analysis of this potential problem.

I will continue to post updates on this issue. If you have any information on this problem please forward it to me and I will try and address or post it here for others to address.

Posted by Craig P. Niedenthal | Permalink | Email This Post | Comments (0)

Posted In: Drywall , Other Products

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Been busy here at work so haven't had time the last week or so to update on recalls. Here are some of the more significant ones over the last 2 weeks.

1.Valero Energy Corp recalls Propane Tanks: Almost 1,000,000 barrels of propane (LP) gas is being recalled because the propane may not have enough of the odorant added to it so people can smell a leaking gas situation. Failure to detect the leak can lead to a fire, explosion or thermal burn hazard. If you live in Alabama (where I am), Arkansas, California, Mississippi or Tennessee and brought propane gas between January and October 2008, you need to go here and see if your retailer is on this list. If so, you should immediately contact your supplier so they can test and see if you have enough odorant.

2. Kidde Fire Extinguishers: Approximately 167,000 of the Kidde XL Fire Extinguishers sold at various department, home and hardware stores between October 2007 and April 2008 are being recalled because it can lose pressure so that if you have to use it, it could fail and be useless. For information regarding the specific models involved see here. If you have one of these extinguishers, you should inspect it immediately and if the pressure gauge is in the red zone, contact Kidde to receive a free replacement.

3. Maytag Refrigerators: This is a big recall. About 1.6 million Maytag, Jenn-Air, Amana, Admiral, Magic Chef, Performa by Maytag brand fridges are being recalled as an electrical failure in the component that turns on the compressor can cause overheating and pose a serious fire hazard. So far, Maytag has received 41 reports of ignition. It includes both side by side and top freezer refrigerators. Refrigerators with freezers on the bottom are not included in the recall. For the affected models and serial numbers, see here. The products were sold in Department and appliance stores between January 2001 through January 2004. If you have one of the refrigerators, you need to contact Maytag immediately to schedule an in-home repair.

4. Bowflex Home Gyms: This is something near and dear to my heart since I am a big promoter and believer in physical fitness i.e. working out, and although I do mine at the local Y, I have always been impressed with the infomercials about the Bowflex. If I ever was going to do the home gym thing, it would probably be up there as a product to consider. Well the Bowflex Ultimate 2 Home Gym is being recalled because the seat that stays latched in a vertical position for storage, if not properly latched, can fall on a bystander. So far, the manufacturer has received 18 reports of related injuries including head and shoulder lacerations. The problem gyms were sold between June 2005 and January 2009. Registered owners are being sent a repair kit and if you don't receive the kit by March 10, you should contact Nautilus, the manufacturer. For more information on this recall, see here.

5. Nordstrom's Girl's Shoes: I put this one in as it is further evidence how the lead paint issue goes way beyond paint and toys. Now we have it in our shoes. Just today, Nordstrom issued a recall of about 31,000 of its Nordstrom brand girl's shoes. They include the "Clarice-Fab", the "Eva-Fab", the "Fern-Fab", the Lilly-Fab", the "Rita-Fab" and the "Viva-Fab". All shoes have the "NORDSTROM" name printed on the insole. The surface paint on the outer sole of these shoes contain excessive level of lead. The shoes were sold at Nordstrom from September 2006 through February 2009. For more specific information regarding the styles and colors involved in the recall, see here. If you have one of these pairs of shoes, you should immediately take them away from your children and return them to Nordstrom for a refund or exchange. Tell them..."I'll have mine without the lead please".

These are some of the more significant recalls over the past week or so. You are welcome to contact me with any questions or thoughts. In the meantime, be careful out there.

Posted by Craig P. Niedenthal | Permalink | Email This Post | Comments (1)

Posted In: Recalls of the Week

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