Alabama Product Injury Lawyer Blog

Back to give you an update on some of the most important recent recalls. Been crazy busy and thus my time for blogging has suffered. Still looking to dedicate 2-3 days a week to post. Ahh, the life of a solo practice attorney --- never enough hours in the day. So here we go with the recalls:

1. Toyota/Lexus Floor Mats:The biggest news in problematic products is Toyota's most recent announcement that it is recalling some 3.8 million Lexus and Toyota vehicles to remove factory installed driver-side floor mats in order to prevent the gas pedal from becoming trapped leading to unintended acceleration. In other words, your gas pedal can become stuck by the floor mat and even though you take your foot off the gas pedal, it will continue moving and potentially accelerating. The vehicles involved include 2005-2010 Avalon, 2007-2010 Camry, 2004-2009 Prius, 2005-2010 Tacoma, 2007-2010 Tundra, 2007-2010 ES350 and 2006-2010 IS250 and 350. Its unclear what may have prompted Toyota to undergo this massive recall, but there was a horrible crash in California in late August 2009 involving an off duty police officer and a Lexus ES sedan where there is indication a misaligned floor mat may have lead to the accident. Toyota is asking owners to immediately remove the driver's side mats and to not replace them while Toyota works on creating model-specific replacements. Consumer Reports recommends that if you get in a situation where your car is not slowing down, to immediately put your car in neutral, and then brake which should help bring your car to a stop. Here is a link to Consumer Reports discussion of the issue and testing they have done to address this concern. This is a very serious issue and one that all owners of the affected vehicles must address.

2. Quantum Office Chair @ Office Depot Stores: The Quantum Realspace PRO 9000 Mid-Back Multifunction Mesh Chair, sold exclusively at Office Depot, is being recalled because the bolts which attach the seatback can loosen and detach, creating risk of injury to the user. The chairs were sold at Office Depot between May 2006 and August 2009. The recall does not include the Guest Chair version. If you own one of the chairs, you should stop using it immediately and contact the manufacturer, Raynor (866-244-8180) for a free repair kit.

3. Diving Air Hose for Dry Suits by SI Tech: SI Tech is recalling its Diving Air Hose for Dry Suits, of which about 65,000 have been sold by diving equipment retailers and distributors between July 2006 and February 2009. The hose has an insert that can dislodge and restrict airflow to the diver, raising the potential for a drowning hazard. One death of a diver has occurred and been reported. These hosed were sold with dry suits and separately. If you have one of these hoses, you should stop using it immediately and contact SI Tech (1-877-348-3529) who will provide you with the name of an authorized dealer who can do a free repair.

4. Paula Deen Cast Iron Cookware: Now I love me some Food Network and always watching to see how much butter and sugar Paula is putting in them recipes, but some of her cookware, sold through QVC is being recalled because it can crack or shatter, raising potential for injury to the user. There have been 79 reports of the cookware cracking or shattering when heated. That's a problem, since that is the purpose of cookware. The recalled cookware is the 11 inch cast iron grill pans and griddles sold through QVC with item numbers K14984, K11970 and K135024. The cookware was sold between October 2007 and July 2009. If you have any of this cookware, stop using it immediately and you can return it to QVC for a full refund. Now this is not Paula's fault, but where were the quality control people??? Hard to make those "best dishes" if my cookware is falling apart.

That's all for this week. Check in tomorrow as I will have a post regarding a recent article in the American Bar Association's monthly magazine feature yours truly. Until next time, be careful out there.

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

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

Bookmark:

The New York Times reports that the Judge overseeing the Chrysler bankruptcy has ruled that the company taking over Chrysler, Fiat, cannot be held liable for any future product liability claims of owners of current Chrysler products. Therefore, as an example, if you own a Jeep Cherokee presently and you get in a car accident and the seat belt breaks (a clear defect), you have no recourse. You will not be able to sue Chrysler, the manufacturer of the product or the company called Chrysler that comes out of bankruptcy. Too bad you are now a paraplegic as a result of a defective product made by Chrysler, you have no right to sue.

To make matters worse, the Bankruptcy Judge has also indicted that with regard to those product liability lawsuits presently filed and pending against Chrysler claiming a safety defect caused an injury, there will be very little, if any money available to pay those plaintiffs even if they get a verdict from a jury that Chrysler was responsible. In no uncertain terms, this is injury without remedy.

As indicated in this article in the NY Times and as some law professors have asserted, how can a bankruptcy judge take away an owner's future rights without any due process. This ruling by this bankruptcy Judge is an outrage. There is no doubt in my mind this will rollover (no pun intended) into the GM bankruptcy. I expect a ruling will be made there as well that any existing GM car owners will have no right to sue the NEW GM for their products liability claims.

As a lawyer who has not only represented car companies in products liability litigation at one point in my career, and now represents individuals who have been injured due to a defect in the car they were riding in, it is appalling to me that a judge can just wipe out the rights of individuals to have their day in court to address legitimate issues. Does this not go to the heart of our judicial system??? Is this not why our judicial system is the envy of the world??? Not only have these companies, which have been poorly run for so many years, taken billions in taxpayer money to keep alive their sick companies, but now our court system is giving them the ability to be responsible for killing and maiming innocent people without any potential that car companies will have to accept responsibility. This is just not right!!!

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

Posted In: Cars

Bookmark:

The Birmingham News reports that there was a one vehicle rollover accident on I-59 yesterday resulting in both occupants being taken to the hospital. It is reported that one of the passengers was thrown from the vehicle and one had to be taken out by the Birmingham firefighters. The accident happened yesterday, May 25th, at about 10AM.

This particular story caught my eye because evaluating and handling rollover accidents has been a large part of my legal career. As a defense lawyer, handling rollover cases on behalf of car companies became one of my specialties. In fact, for about the last 8 years of my practice as a defense lawyer, I was Regional Counsel for the southeast United States for all rollover lawsuits for one of the major car manufacturers. As a plaintiff's lawyer, I continue to handle these cases on behalf of those injured and killed in rollover accidents.

Rollover cases are very complicated to handle and evaluate. You must have an understanding of what vehicles should be able to do in certain situations and at what point is there nothing that a reasonably designed vehicle could have done differently under the circumstances of the accident. With current technology, many rollover accidents can be avoided. Most car manufacturers have developed ESC or electronic stability control systems which assist the driver in controlling the vehicle when performing emergency avoidance maneuvers and the like. Some manufacturers still make such ESC systems optional equipment in SUV type vehicles. I suggest that if you are considering purchasing any current model SUV, you inquire into whether it is equipped with an ESC type system or traction control. Every manufacturer has given the ESC system it has developed a different name. However, its important you ask about it and insist on having one equipped in your SUV if you are purchasing a current year model.

If you or a loved one have been injured or killed in a rollover accident, feel free to contact me to discuss whether there might be a potential claim against the car manufacturer with regard to either causing of the rollover, or not properly protecting the passengers in the vehicle during the rollover itself. Both are important issues to look at when determining whether the car manufacturer has responsibility for injuries sustained in a rollover accident.

Posted by Craig P. Niedenthal | Permalink | Email This Post | Comments (4)

Posted In: Alabama Accidents , Cars

Bookmark:

You remember back in 2001 or so, all the publicity about Ford Explorers rolling over and a big fight between Ford and its tire supplier about who was at fault; bad manufactured tires or a poorly designed vehicle. Well a class action was also filed at that time in California claiming that all that bad publicity reduced the resale value of the Explorers. After 7 years, Ford has settled these lawsuits which involve people in California, Connecticut, Illinois and Texas with Explorers of model years 1991-2001. Its one of those deals where the plaintiff's lawyers made a lot of money....reported to be $25 million...and all the consumers received were $500 vouchers to buy a new Explorer. Thanks, but in times of gas being almost $4.00 /gallon, what the heck do I want with another of your poorly designed vehicles which suck down gas. Even being a plaintiff's attorney, I have to say I'm not sure this is the best deal for the consumer. The judge indicated "It's not perfect...but its likely that a lot of people would have gotten nothing." The plaintiff's lawyer added that it also helped to contribute to safer vehicles.

Having done automobile products liability work for 18 years representing the car manufacturers
before I became a plaintiff's lawyer, I feel very confident that to the extent Ford has improved the design of its SUVs including the Explorer, it has been related to the countless number of lawsuits related to the severe injuries and death caused by a vehicle which was unreasonably unstable with a significant potential to rollover on dry smooth pavement. I'm not sure this action really would have had much effect on Ford changing the design of its vehicles. I have to agree on this one that the plaintiff's lawyers.....and the defense lawyers charging Ford very high hourly rates, were the real winners in this matter.

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

Posted In: Cars

Bookmark:

It took almost 5 years of litigation, but GM has finally decided to pay up for a significant problem it created in its cars. GM used an engine coolant in about 30 models of its cars which caused significant engine problems in these vehicles. As a result, owners were having to pay for repairs which were caused by a product GM choose to put in these cars. It started with model year 1995 and includes popular models Olds Cutlass and Chevy Impala. It is reported by the plaintiff's attorneys representing the class that each consumer will recieve back about 50% of the cost of the repair due to the problematic engine coolant.

My only thought on this is why did this have to take so long? Almost 5 years of litigation when surely GM knew early on it had a problem it had to fix. And yes, it is reported that the plaintiff's lawyers involved in this litigation will receive a fee that will be split among many lawyers and law firms of up to $16.5 million. But I promise you, the firms involved in defending GM, billing by the hour, at an hourly rate of at least $250 per hour, made gobs and gobs of money off this litigation. So don't let that old standard line about the only winners in this litigation is the plaintiff's attorneys fool you. The lawyers representing GM and the corporate world, with tens, if not hundreds of lawyers working for them on just this litigation, make out like bandits. And behind closed doors they will tell you they rely on litigation like this to make the huge incomes necessary to keep the lawyers for GM going.

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

Posted In: Cars

Bookmark: