Posted On: April 21, 2010

Consumer Reports Addresses Recall of Lexus GX and Value of Electronic Stability Control in Cars

Toyota has seen its share of problems as of recent. Unintended acceleration, severe fines, recalls, and now the recall of the brand new 2010 Lexus GX 460 as a result some testing performed by Consumer Reports which resulted in it indicating it was a "Don't Buy: Safety Risk." This recall involves almost 10,000 brand new vehicles. Consumer Reports notified Toyota that during its testing of the vehicle in its standard emergency-handling tests, the rear of the vehicle slid out to the point it was almost sideways before the Electronic Stability Control (ESC) system kicked in to try and bring the vehicle under control. Which raises the questions: what is ESC, what is it suppose to do, and does it have real value. 487858_industrial_mist.jpg


Consumer Reports, as a result of the problems it found with the Lexus GX, recently published a blog post providing the "101" of what ESC is all about and why its so important to have it on a vehicle. Basically, if you are in a situation where you are losing control of the vehicle, the vehicle and its on board computer senses this and through use of selective braking it helps to bring your car back under control. It has been found to be especially useful during situations of accident avoidance or in slippery conditions like wet roads and ice. Various studies have estimated that ESC can reduce the risk of fatal single vehicle accidents by 51%. Specifically as to SUV's which have an increased potential of rollovers due to loss of control, it is estimated that ESC can reduce SUV single vehicle accidents by almost 60%. Consumer Reports, as well as others have indicated that this is the most significant advancement in vehicle safety since the seat belt. In fact the National Highway Safety Transportation Administration (NHTSA) which regulates the automotive industry has mandated that by 2012, all vehicles sold in the U.S. must have ESC as a standard feature.

Over the past year I have been handling an automotive products liability case in which one of the claims of defect is that the manufacturer should have provided ESC on the vehicle in question as standard equipment and not optional. In the accident at issue, it is claimed that with ESC, the accident would not have happened and the front seat passenger would not have died. Bottom line this is a significant advancement in vehicle safety which will assist many people in avoiding accidents in the future. If you are in the market for a vehicle, ask about its availability. It should be one of the top things you look for as being included in any new vehicle you are buying. Bottom line, its a must have!

Posted On: April 8, 2010

Chinese Drywall Update: Consumer Products Safety Commission Says Gut the Homes & Federal Judge Awards Families $2.6 Million

Some good news this week for those living in anguish with their homes constructed out of Chinese Drywall. First, both HUD (Department of Housing and Urban Development) and CPSC (Consumer Product Safety Commission) issued guidance regarding the method owners of these homes should undertake to rid themselves of the hazards of Chinese Drywall. The corrosion that is occurring to appliances and electrical outlets in these homes is being caused by hydrogen sulfide in the drywall. The hydrogen sulfide emitted from the Chinese Drywall is 100 times greater than drywall made elsewhere. The CPSC is still looking into whether there are long term health and safety issues caused by the Chinese Drywall.

With regard to fixing houses with Chinese Drywall, all possible drywall must be removed from the home and all electrical components and wiring, gas service piping, fire suppression sprinkler systems, smoke alarms and carbon monoxide alarms must be replaced. For a more extensive discussion of the recommendations for remediation of these homes, see here.

As discussed in the Consumer Reports Safety Blog, what's left to be determined is how this extensive work will be paid for. This leads to the next story which happened only today. The Wall Street Journal is reporting that a federal judge in New Orleans awarded 7 families in Virginia with Chinese Drywall $2.6 million to pay for removal of the Chinese Drywall in their homes. Its a start. Problem is the defendant is a Chinese company which has not responded to lawsuits. Therefore, there will clearly be a problem collecting on this judgment. No doubt though this is a step in the right direction and a beginning to the anguish and heartache the affected consumers have had to deal with.