Defective Products

February 28, 2010

Family Suing Toyota For Massachusetts Auto Products Liability Claims Sudden Acceleration Caused Medford Woman’s Wrongful Death

The family of Marianne Murphy has filed a Massachusetts auto products liability lawsuit against Toyota seeking damages for her wrongful death. The 47-year-old Medford woman died last October when her 2010 Toyota Camry accelerated out of control, causing her husband, Gerald Murphy, to crash the vehicle into an Interstate 93 South guardrail.

Gerald was also injured in the Massachusetts car accident. Their children were in the car with them.

According to the family’s Massachusetts wrongful death lawsuit, as Gerald removed his foot from the gas pedal to exit off the interstate on October 18, 2009, the Camry accelerated instead of slowing down. Gerald tried to slow down the car by stepping on the brakes, but the vehicle kept picking up speed until it struck the rails. The family contends that by the time the tragic Toyota runaway car crash happened, the auto manufacturer had already received a number of complaints that some of its vehicles were accelerating out of control.

February 17, 2010

34 Auto Products Liability Fatalities Allegedly Were Caused by Toyota Acceleration Problem

by Altman & Altman

The US Department of Transportation says that consumers have filed complaints linking 34 car accident deaths to the acceleration defect that has prompted the automaker to recall millions of motor vehicles. While previous to Toyota’s decision to stop selling eight of its autos because of the sticking gas pedal defect there had been 21 deaths in the last 10 years linked to the acceleration issue, the NHTSA says that another nine complaints reporting another 13 fatalities and 10 injuries that have occurred in the last five years have been submitted.

One Toyota car crash involved a Harvard University professor who died after striking another auto because he was unable to control his 2005 Toyota Highlander. Two of the professor’s loved ones and the other driver also died.

In other Toyota collision news, a woman has filed a wrongful death lawsuit against the automaker. She claims that her husband died because his Prius accelerated suddenly before crashing. Just last week, Toyota recalled 437,000 hybrids (Prius, Sai, and Lexus ) over anti-lock braking system problems. That same day, the automaker recalled 7,300 Camrys over a brake defect. On February 12, Toyota recalled 8,000 Tacoma trucks (2010 model) over possibly cracked front drive shafts.

Now, the federal government says it will open a formal probe into the over 150 complaints it has received regarding the Toyota Corolla (’09 and ’10 models) and possible steering problems. One consumer reported problems with the vehicle weaving around in the lane when it reached speeds of over 60 mph. The complaint noted that this problem has already caused four near collisions.

In 2009, the Corolla was the number one selling car in the world and ranked five on the US car bestseller list.

Our Boston auto products liability lawyers are offering free case evaluations to discuss your Toyota acceleration accident case. Auto defects that cause a motorist to lose control of a vehicle can lead to catastrophic car collisions that endangers the people in the vehicle as well as those who are on the road and in other cars.

U.S. government plans formal investigation into Toyota Corolla complaints, The Washington Post, February 18, 2010
U.S. Gets Additional Complaints of Crashes of Toyotas, New York Times, February 15, 2010
Toyota Recall News Reveals Tacoma and Prius Lawsuit, Newsoxy, February 15, 2010

Related Web Resources:
Toyota Motor Corp.

Toyota, National Highway Traffic Safety Administration Continue reading

January 21, 2010

Toyota Recalls More than Two Million Autos Over Gas Pedal Defect

by Altman & Altman

Toyota Motor Corp is recalling 2.3 million vehicles over a gas pedal defect that can cause mechanism problems involving the accelerator pedal. This is the automaker’s second massive recall related to a gas pedal defect. Toyota recalled about 4.26 million autos beginning last November after four family members died because the floor mat on the driver’s side caused the gas pedal to jam down and the Lexus to accelerate to speeds of over 100 mph.

The vehicles included in this recall are the:
• Sequoia (2008 – 2010 models)
• Tundra (2007 – 2010 models)
• Highlander (2010 model)
• Camry (2007 to 2010 models)
• Avalon (2005 to 2010 models)
• Matrix (2009 to 2010 models)
• Corolla (2009 to 2010 models)
• Rav4 (2009 to 2010 models)

Toyota’s reputation for making quality, safe cars has taken a beating. The National Highway Traffic Safety Administration says that Toyota recalled more autos than any other car manufacturer in 2009. In total, the automaker recalled 4.87 million vehicles, including 110,000 Tundra pickups over worries that the vehicles’ spare tires might fall onto the road, causing a potential traffic hazard.

Now, Safety Expert Sean Kane is reportedly telling ABC News that there have been over 60 new incidents involving runaway Toyotas since the automaker announced the November recall and said it would modify the affected vehicles’s gas pedals. Over the holiday season, four people died on December 26 after their Toyota drove off the road and landed upside down in a pond. The floor mats were in the trunk, where Toyota had advised car owners to put them.

Toyota says this latest recall isn’t related to the one from last November.

Defective car parts can be a significant safety hazard that can kill and seriously injure people. Injured parties and their families can find out whether they have a Boston auto products liability complaint on their hands.

TOYOTA RECALL: Reports of Runaway Cars, ABC News, January 21, 2010
Auto recalls surge in ’09, NHTSA says, Detroit News, January 12, 2010

Related Web Resources:
Toyota Motor Corporation

Toyota may shorten gas pedals in acceleration recall, Consumer Reports, November 17, 2009 Continue reading

January 19, 2010

Plymouth Man Files Massachusetts Products Liability Lawsuit Against Hewlett-Packard After Laptop Fire Destroys Home and Causes Him Serious Injuries

by Altman & Altman

Plymouth resident John Norrie is suing Hewlett-Packard Co. for Massachusetts products liability. Norrie’s house burned down in November 2006 when his HP Pavilion Notebook computer overheated and caught fire. Norrie was asleep at the time, but he managed to escape. He says that he sustained serious injuries.

According to Norrie’s Plymouth injury complaint, he fell down a flight of stairs and separated his shoulder as he fled his home. Now, he is seeking over $250,000 in Massachusetts personal injury compensation for his injuries and the damage to his home. Norrie is accusing Hewlett-Packard of breach of warranty and negligence in regards to the manufacture, sale, instruction, and distribution of a product that was defective.

Lithium-Ion Batteries and Laptops
The fact that lithium-ion batteries pose an injury hazard is not news. Over the past five years, HP has announced four recalls of its lithium-ion batteries because they were considered fire hazards. Last May, HP recalled the batteries for nine Pavilion Notebook models because there was a chance the batteries might rupture, posing a fire hazard. 70,000 lithium-ion batteries were part of this recall, which included batteries for HPs, Compaq Presarios, and one HP Compaq model. Over the last several years, other computer manufacturers, including Apple Inc., Compaq, and Dell, have also recalled their lithium-ion batteries.

While a battery that gets a little hot may not sound too dangerous, it can lead to serious injuries and even death if the overheated battery causes a laptop to burst into flames. Last August, a 56-year-old Canadian man died when his HP laptop caught fire after it was left on a sofa. Yet despite the dangers, manufacturers continue to sell laptops that pose a fire hazard. Just this month, The Consumer Product Safety Commission announced the recall of approximately 22,000 Acer Aspire notebooks because they might short circuit and overheat.

Plymouth man sues Hewlett-Packard over laptop fire, The Boston Globe, January 8, 2010
Laptop fire blamed for Vancouver death, CBC News, August 26, 2009
HP Recalls Notebook Computer Batteries Due to Fire Hazard, CPSC, May 14, 2009

Related Web Resources:
Hewlett-Packard

Products Liability, NOLO Continue reading

December 17, 2009

Following 8 Deaths and 16 Near Strangulations, CPSC Recalls 50 Million Roman Shades and Roll-Up Blinds

by Altman & Altman

Along with the Window Covering Safety Council, Consumer Product Safety Commission is announcing another major recall-one of its largest ever-of 50 million roll-up blinds and Roman shades because they pose a possible strangulation hazard. Roman shades have been the reported cause of 16 near strangulations and 5 fatalities in just the last three years, while since 2001, the CPSC has received reports of 3 deaths because of roll-up blinds. Some three million roll-up blinds and five million Roman shades are sold annually.

The CPSC and the WCSC are providing free repair kits. Also, to prevent strangulation accidents involving window coverings, they are recommending that only cordless window coverings be used in homes that have young children. If your window blinds or shades do come with cords, then they are advising that you keep the cords out of children’s reach.

The Safe Kids USA Web site reports that airway obstruction (through suffocation, choking, and strangulation), is the number one cause of accidental injury-related fatalities among children younger than age 1. Kids, especially in the younger than 3 age range, are especially prone to strangulation injuries and deaths.

November 20, 2009

Boston-Based Consumer Watchdog Announced 2009 List of 10 Most Dangerous Toys

by Altman & Altman

When shopping for kids’ toys this year, here is a list of products that World Against Toys Causing Harm, a Boston-based consumer watchdog group, is placing on its list of “most dangerous toys” because of the injury risks that WATCH says the items pose:

• Spy Gear Viper Blaster: May cause eye injuries.
• Disney-Pixar Wall-E Foam Rocket Launcher. WATCH says the Toy is a choking hazard and may cause impact injuries and eye injuries.
• Cat “Rugged” Mini: Toy construction vehicle comes with metal spoke that may cause puncture wounds.
• Curious Baby Curious George Counting – My First Book of Numbers: Watch says the 5 beads embedded in the book can pose a choking hazard.
• Lots to Love Babies Mini Nursery: Comes with accessories that are a choking hazard risk.
• X-Men Origins Slashin’ Action Wolverine: The toy’s small parts make this a choking hazard.
• Pucci Pups Maltese: The puppy’s “hair” can be pose an aspiration hazard. Its long leash is a strangulation hazard.
• The Dark Knight Batman Figure: May cause possible penetration and blunt impact injuries.
• Just Kidz Junior Musical Instruments: The drum’s stick can cause choking injuries if placed in the mouth.
• Moon Board Pogo Board: WATCH warns about possible head injuries and impact injuries.

The Consumer Product Safety Commission says that there were at least 19 toy-related fatalities in the US last year. Meantime, hospital emergency rooms treated 235,000 toy injuries. Despite the number of toy-related injuries and deaths that happen every year, WATCH director James Swartz noted toy makers continue to manufacture toys that pose similar dangers year after year.

Products liability-related accidents involving malfunctioning or defectively designed toys, nursery products, kids’ clothing, playground equipment, kids’ furniture, and other children’s products continue to happen. It can be devastating to find out that the toy that you bought for your son or daughter was the cause of injury or death. Toy manufacturers are supposed to test their toys and make sure that they aren’t dangerous for kids to use. Young kids especially may not realize that putting small objects in their mouths might cause them to choke.

10 most dangerous toys of 2009, MSNBC, Today
2009 “10 Worst Toys” List, WATCH

Related Web Resources:
Why Do We Need Healthy Toys?, HealthyStuff.org
Finding safe toys this holiday season, CNET
US Consumer Product Safety Commission
Continue reading

October 30, 2009

Toxic Face Paint and Massachusetts Pedestrian Accidents Can Make Halloween Really Scary for Parents and Kids

by Altman & Altman

Just when you thought ghosts and goblins were your worst worries on Halloween, now there is news that there may be other dangers lurking in the shadows on an evening that should be best known for candy, trick or treating, and costumes.

The Food and Drug Administration is warning parents to be very careful when selecting a face paint for children to use. While a painted mask, as opposed to an actual mask, can make it easier for the wearer to see through, new findings indicate that some of the more popular face paints are made with toxins that are bad for the health and may even cause serious injuries.

According to the Campaign for Safe Cosmetics, the 10 face paints it examined all tested positive for lead. Nickel, chromium, and cobalt were found in several of the paints.

September 4, 2009

Will Boston Auto Products Liability Lawyers Push Toyota Motor Corp. To Open Previously Resolved Rollover Lawsuits?

by Altman & Altman

Following allegations made by a former lawyer for Toyota that it hid key records from past rollover accident plaintiffs suing for personal injury and wrongful death, the world’s auto manufacturer could find that it will be forced to defend itself against auto products liability lawsuits that the company had already settled or won.

The former Toyota attorney, Dimitrios Biller, says that he was pressured into leaving his job because he complained about the company’s alleged activities. He says Toyota got rid of testing and engineering evidence in over 300 SUV rollover lawsuits that should have been given to plaintiffs.

Biller also says that Toyota withheld a National Highway Traffic Safety Administration report about roof-crush data and that there are a number of Toyota vehicles being driven on US roads today that fail to meet the company’s internally mandated safety goals. He describes Toyota’s alleged misconduct as a “systematic pattern and practice of discovery abuses and criminal acts against plaintiffs.”

Rollover Accidents
Rollover collisions are responsible for more than 30% of motor vehicle fatalities each year, claiming the lives of over 10,000 people. Auto manufacturers are responsible for designing their vehicles-in particular, sport utility vehicles, in such a way that the chances of a rollover accident happening are minimized. In the event that motor vehicle does rollover, the roof should be able to protect passengers during roof crush incidents, which can otherwise result in spinal cord injuries, traumatic brain injuries, and wrongful death.

Injuries from rollover crashes often require costly, extensive medical care. One way that victims have been able to afford medical services and a lifetime spent coping with permanent disabilities and other serious injuries is to recover compensation from liable automakers. If in fact Toyota did conceal key data that could have resulted in an auto products liability plaintiff receiving a more substantial recovery-or any compensation for that matter-this is a good reason to reopen a rollover lawsuit.

Our Boston auto products liability law firm represents clients with rollover lawsuits, defective tire cases, faulty seat belt claims, and other injury and wrongful death cases that occurred because an automaker was negligent when designing or manufacturing their motor vehicles.

Toyota May Face Push to Reopen Rollover-Crash Cases, Bloomberg, September 1, 2009
Toyota Accused of Hiding Evidence, CBS, August 29, 2009
Related Web Resources:
Biller v. Toyota (PDF)

Rollover: The Hidden History of the SUV, PBS Continue reading

August 6, 2009

Scaffold Malfunction Leaves Two Boston Window Washers Dangling 37 Floors

by Altman & Altman

In Boston, the lives of two window washers were left hanging 37 floors above a street in the Financial District when the scaffold they were standing on collapsed. Julio Ortiz and Kyle Redmond banged on the windows of the skyscraper they were working on, calling for help.

Firefighters broke the windows, working carefully to pull the two window washers back into the building. The two men managed to stay tethered to rigging connected to the roof while they stood on the now slanted platform.

Redmond was treated at Massachusetts General Hospital for non-life threatening injuries and later released from the emergency room. Ortiz did not sustain serious injuries.

The two window washers are employed by Harvard Maintenance Company.

Scaffolding Accidents
According to the Bureau of Labor Statistics’ Census of Fatal Occupational Injuries, 88 workers died in scaffolding accidents in 2007. 72% of the workers that got hurt in scaffold accidents say the work accident happened because the support or planking gave way or because the worker was hit by a falling object or slipped. These kinds of scaffold accidents are preventable.

Scaffolds are often used by window washers, construction workers, and others whose jobs require them to work from great heights outside buildings and other large structures. A scaffolding that collapses can result in fatal fall accidents, traumatic brain injuries, spinal cord injuries, and other catastrophic injuries.

Window washers, construction workers, and others injured in Boston work accidents are likely entitled to Massachusetts workers’ compensation benefits. They may also be able to sue a negligent third party for personal injury or wrongful death. For example, if a scaffold collapsed because it was defective or malfunction and its manufacturer could have prevented the accident from happening, then the injured party may have grounds for a Boston products liability lawsuit.

A lurch and a lifeline 37 floors up, Boston.com, August 6, 2009
Window washers rescued from 37-story plunge as platform collapses, Boston Herald, August 6, 2009
Scaffolding, US Dept. of Labor

Related Web Resources:
High Risk: Despite Regulations, Scaffold Accidents Continue, Safety.com
OSHA
Continue reading

July 3, 2009

Massachusetts Traffic Deaths Drop 16% to 363 Fatalities in 2008

by Altman & Altman

The National Highway Traffic Safety Administration is reporting a 16% drop in the number of Massachusetts traffic deaths between 2007 and 2008. 363 people died in traffic accidents throughout the state last year. 434 people died in 2007.

Worcester County and Middlesex County tied for first place as the counties with the most traffic fatalities-56 deaths each. The state of Massachusetts also saw a decline in the number of drunk driving-related deaths by 20% from 155 fatalities in 2007 to 124 deaths in 2008.

More 2008 Massachusetts Traffic Facts:
227 vehicle occupant deaths 422 drivers that died At least 61 of the drivers were younger than 21 At least 120 of these victims were not properly restrained at the time of their deaths 42 motorcycle deaths-a drop from the 62 Massachusetts motorcycle rider fatalities in 2007 75 pedestrian deaths

Nationally, the US Department of Transportation reported a 9.7% decline in traffic deaths between 2007 and 2008. 37,261 people died in US traffic accidents last year, with substantial drops in nearly every major category, including light truck occupant fatalities and passenger car occupant deaths.

US Transportation Secretary Ray LaHood also noted that the country had implemented major steps to improve road and vehicle safety, increase seat belt use, and decrease the number of drunk driving accidents.

More 2008 US Traffic Statistics:
2,346,000 injuries 11,773 alcohol impaired-related fatalities 5,811,000 traffic accidents 677 large truck deaths
5,290 motorcycle fatalities 4.378 pedestrian deaths 716 pedalcyclist fatalities 23,000 large truck injuries 96,000 motorcycle injuries 69,000 pedestrian injuries 52,000 pedalcyclist injuries
While the overall decline in traffic deaths is of positive note, there are still too many people getting hurt or dying in Massachusetts traffic crashes. In many instances, an injured person’s own motor vehicle or medical insurance is not enough to cover all recovery costs, medical expenses, and lost wages.

Mass. traffic deaths drop 16 percent in 2008, Boston.com, July 3, 2009
Overall Traffic Fatalities Reach Record Low in 2008, NHTSA
Related Web Resources:
View State-by-State 2008 Data, NHTSA
2008 Traffic Safety Annual Assessment- Highlights (PDF)
Continue reading