Defective Products

May 16, 2014

Bounce House Flies Twenty Feet, Injures Three Children

Two boys, ages 6 and 5, and a girl, age 10, sustained fall accident injuries this week when an inflatable bounce house became detached from its plastic anchor stakes and went soaring into the air. The girl fell out soon after the Little Tikes playhouse lifted off the ground, sustaining minor injuries. The boys did not tumble out until the 38-pound toy had reached a height of about fifteen feet.

One boy, who landed on a parked car before striking his head on the pavement, is still in a medically induced coma. The younger boy, sustained broken arms, a broken jaw, and other injuries.

This is not the only inflatable house to go soaring. In 2011, reports USA Today, four kids were hurt when a bounce house was carried away by the wind and landed on a roof. Also that year, a bounce house transported its child occupants across three traffic lanes.

May 6, 2014

Equipment Failure Caused Ringling Brothers Circus Accident, Say Investigators

by Altman & Altman

According to state investigators, a metal clip that was supposed to hold 10,000 pounds in weight is the cause of a circus injury accident that sent Ringling Brothers performs plunging at least 20 feet to the ground during a performance. Eight female acrobats and one dancer sustained numerous fractures and other injuries, including internal injuries and head injuries. Ringling Bros. and Barnum & Bailey Circus is replacing all the metal clips in its show as a cautionary measure.

The 4-inch clip is called a carabinder. The fastener was used to support a frame that suspended the aerialists above ground as a human chandelier during a sequence known as the Medeiros Hair-Hang Act. Now, investigators want to know how and why the fastener failed. The rigging used weighed just 1,500 pounds.

It is possible that the clip, in use by the circus since September, became weak over time. However, human error may have been a factor too. The Occupational Safety & Health Administration is also investigating the fall accident.

April 29, 2014

Recalled Dehumidifier Manufacturer Ignored Early Warnings from Suppliers

by Altman & Altman

It is not often that a homeowner panics when he or she thinks they left the refrigerator on. Many household appliances are meant to operate quietly and continuously while residents go about their day. A dehumidifier hums softly in a dark, damp corner of the house often while a family is asleep. Consumers trust this relatively simple device to be safe without putting too much thought into the machine when it is in use. However, recent developments in a large-scale dehumidifier recall may force homeowners to reconsider an appliance once thought to be completely safe.

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Dehumidifiers manufactured by the Chinese company Gree Electric Appliances Inc. are being recalled due to their tendency to catch on fire. Though no serious injuries have been reported yet, numerous fires and property damage reports are starting to pour in. The purpose of the device is to remove water and moisture from the air in damp places, and they are usually left on all day unattended. The appliance, which is manufactured by Gree but sold under many different names, was originally tested and endorsed by Consumer Reports. Upon hearing of the widespread issues with the product, the trusted magazine quickly de-listed it and recalled its ratings.
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April 16, 2014

Newly Released Memo Reveals “Smoking Gun” in GM Recall Mess

by Altman & Altman

It appears as though the smallest, seemingly insignificant decision brought an auto giant to its knees. Media outlets and the general public alike have been closely following the General Motors recall crisis, searching for answers and where to place blame. After months of mounting mistakes and shifting responsibilities, a memo discussing a fix for the ignition switch problem plaguing millions of GM vehicles was uncovered by congressional investigators. In it, according to Forbes Magazine’s Micheline Maynard, is the so-called “smoking gun memo” from then-GM Ray DeGiorgio.

The General Motors recall mess has been strewn all over front page news for months now. Most of the scrutiny around the Detroit-based auto giant revolves around a defect in the ignition switch, causing the key to easily slip into the “off” position, cutting power to the car. This defect, which has the potential to cause an accident, has affected nearly 2.6 million Chevrolet Cobalt, Saturn Ion and other Saturn and Pontiac models. The design issue has been blamed for 13 deaths so far, and GM has recalled those vehicles. In addition, the auto manufacturer warned that the ignition switch in question could have been used to repair the vehicles that had been recalled.
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April 4, 2014

Google Acquisition Nest Labs Halts Sales of Its Smoke Detector

by Altman & Altman

Nest Labs, the home electronics company Google recently acquired for $3.2 billion has stopped selling its smoke and carbon monoxide detectors amid grave concerns regarding its reliability in the event of an emergency. According to the New York Times, the smoke detector, known as “Nest Protect” can be inadvertently disabled when a person waves his or hands in front of the alarm. Perhaps inspired by the classic waving of a dish towel around the detector after cooking something especially smoky, the feature, called “Nest Wave,” was clearly not well-thought-out by the designers. Officials are worried that someone could potentially deactivate the alarm, rendering it useless in the event of a fire or carbon monoxide event.

It is easily to imagine how a child could unknowingly deactivate the alarm if it got close enough, putting the entire family at risk. A smoke detector and carbon monoxide alarm is one of the only electronics in the home that goes largely unnoticed until there is an actual emergency. They are the silent lifelines that only announce their presence when a threat is detected. If the alarm was disabled, it is possible no one in the home would even notice until it was much too late.

Nest Chief Executive Tony Fadell posted an open letter to customers on the company’s website explaining that Nest is making every effort to solve the problem. Fadell stated that the company has stopped selling the product until the feature in question has been remedied. He also mentioned that Nest would immediately begin deactivating the “Nest Wave” feature on devices already installed in homes. Fortunately, this is a process that can be done remotely to prevent any incidents with current customers.
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March 31, 2014

GM Issues New Recalls for Chevrolet Cruzes and Multiple Models of SUVs and Trucks

by Altman & Altman

After expanding its ignition switch recall yet again by more than 900,000 vehicles, GM has now issued two other recalls for completely different issues. The problems: defective axel shafts and potential fire hazards in oil lines of several models of trucks and SUVs.

Last week, GM explained that it had stopped delivering Chevy Cruze 1.4-liter turbo sedan models to dealers because of a potentially defective right axel shaft that, according to GM, “can fracture and separate without warning,” while being driven. According to the company’s warranty data, several dozen vehicles have reported this problem, however GM has not been notified of any related crashes or injures.

In a released statement, General Motors stated that if the half-shaft breaks while a car is being driven, the vehicle’s breaks and steering will continue to function, but the car would lose power to the wheels without warning and coast to a stop. This recall encompasses more than 170,000 Cruze 1.4-turbo engine sedans in models years 2013 and 2014. An additional 3,000 Cruzes with 1.4 engine and manual transmissions from 2013 and 2014 model years (which were recalled last September for the same problem) will also be included in the recall and be repaired again.

In addition to the Cruze recall, GM also recalled more than 490,000 new pickup trucks and SUVs for a loose oil line that could be a fire hazard. All 2014 Chevrolet Silverado 1500s and GMC Sierra 1500 pickup trucks are being recalled, as well as brand new 2015 Chevrolet Suburbans, Chevy Tahoes, GMC Yukons and Yukon XL SUVs with 6-speed transmissions. The issue lies in the transmission oil cooler lines which may not be securely seated in their fittings.
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March 30, 2014

CPSC Reports That Liquid Laundry Packets Continue to Be a Child Injury and Poisoning Risk

by Altman & Altman

According to the Consumer Product Safety Commission, it has received about 1,230 reports of kids accidentally sustaining injury because of liquid laundry packets-a dramatic increase from the approximately 500 incidents involving kids and adult victims that it reported at the end of 2012. Meantime, the Poison Help Line says that the number of related reports is even higher at almost 17,500.

At Altman & Altman, LLP, please contact our Boston products liability lawyers if your son or daughter was injured because of a liquid laundry packet or any other type of product. Our Massachusetts child injury law firm handles claims and lawsuits against companies and other parties that may have been responsible in causing the harmful accident.

While efficient for doing laundry, single-load liquid laundry packets have proven to be highly toxic. One 7-month-old baby reportedly died from swallowing one of them. One of the reasons they are such an injury risk to kids is that they are small enough to insert in the mouth, soft and squishy to the touch, and tend to come in bright colors that attract the attention of young kids who might think the product is a toy or candy.

March 27, 2014

Contractors to Pay Family $14.8M for Natural Gas Explosion

by Altman & Altman

While the physical and emotional burden remains heavy, a sizeable financial weight has been lifted off the shoulders of Faye Boroughs and her son as a Florida jury awarded the family $14.8 million after an explosion in their home. Ms. Boroughs sustained severe burns on 33% of her body and remains permanently disfigured; a lifelong reminder of the explosion that claimed life of her partner. Michael Blanchard was burned on 98% of his body and suffered for three long weeks before succumbing to his injuries. The couple’s young son was in another part of the home at the time, but sustained psychological injuries.

According to the National Trial Lawyers, “evidence showed that the defendant companies violated gas safety codes and failed to adequately train their technicians.” The plaintiff’s attorneys were able to establish that the explosion was directly caused by negligent actions by Panhandle Plumbing and Andrews Cooling & Heating. Panhandle Plumbing did not seek the appropriate permits to install a gas line that was not properly labeled and lacked a safety shut-off valve-two very basic requirements. Andrews Cooling & Heating then installed a gas dryer with that faulty pipe, and ignored both the manufacturer’s instructions and minimum safety code provisions.
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March 26, 2014

Nissan Recalls 1 Million Vehicles for Airbag Deployment Failure

by Altman & Altman

Japanese carmaker Nissan has just issued a recall for more than 1 million of its vehicles because of a software issue that can cause failed airbag deployment.

According to the National Highway Traffic Safety Administration, Nissan’s vehicles may not detect a person sitting in the passenger seat, which would disarm the airbag and cause it to not inflate in the event of an accident. The company said that faulty software is the issue. So far the company is aware of two instances where vehicles’ airbags did not deploy during accidents, however it is still unclear whether those cases were linked to the software glitch.

990,000 of the cars recalled are those of U.S. drivers. Models impacted include 2013 – 2014 Altima and Sentra cars, Pathfinder sport-utility vehicles and Leaf electric cars. The 2014 Infiniti QX50 SUV, 2013 NV200 cargo van and 2013 Infiniti JX35 crossover are also included in the recalls.

Nissan expects to begin the recall in April. During the recall, dealers will update the software free of charge.
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March 19, 2014

Toyota to Pay $1.2B in Criminal Settlement

by Altman & Altman

Sources at USA Today reported that Toyota will pay $1.2 billion in criminal penalties stemming from a series of recalls for faulty accelerators in numerous Toyota brand car models, which began in 2009.

The settlement, according to USA Today, is the largest criminal penalty to be imposed on a car company in United States history.

Attorney General Eric Holder said that “Toyota intentionally concealed information and misled the public about the safety issues behind these recalls,” and that the company’s conduct was “shameful.”

Chief legal officer for Toyota Motor North America Christopher P. Reynolds stated in a press conference that “Entering this agreement, while difficult, is a major step toward putting this unfortunate chapter behind us. We remain extremely grateful to our customers who have continued to stand by Toyota. Moving forward, they can be confident that we continue to take our responsibilities to them seriously.”

The billion dollar settlement calls for dismissal of the government’s case against the Japanese car company in exchange for Toyota’s payment and continued cooperation. The deal also stipulated an independent monitor of how Toyota handles safety communications, its internal handling of accident reports and its processes preparing and communicating technical bulletins. The federal criminal probe did not include the lawsuits and federal safety regulator and congressional probes of the Toyota sudden acceleration recalls and instead looked strictly at whether Toyota provided false or incomplete statements to the National Highway Traffic Safety Administration. The case also investigated how Toyota handled consumer complaints.

To date, Toyota has paid approximately $1.6 billion to car owners for lawsuits in the cases and paid federal fines of more than $33 million for delaying its safety defect reporting to NHTSA.
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