John Feroleto, Personal Injury Attorney Blog

Toyota first framed the sudden unstoppable acceleration in it's vehicles as a floor mat problem.

However,we discussed the sudden accelerations as a product defect involving the floorpan/gas pedal. Fortunately, Toyota is replacing the gas pedals with a design not prone to sticking . There were hundreds of complaints and deaths, The Toyota Recall is important to users of the roads and our families and also to Toyota, which bills it's products as safe. John Feroleto

Labels: defective products, product safety, recalls

ASTM International, a Pennsylvania-based group that sets voluntary safety standards, last week eliminated its guidelines for drop-side cribs, citing complaints about hardware failures," as as reported in the Bloomburg News on November 24.

"ASTM's action will probably lead most major retailers to stop carrying such cribs, said Donald Mays, senior director of product safety and technical policy at Consumer Reports magazine." He the "current federal regulation for cribs is grossly inadequate and they need to move quickly to update that regulation to ensure that cribs are safe after years of use."

As an attorney who handles defective product cases I often hear the claim the dangerous product conformed with industry standards or regulations. The problem with this argument is that standards are set by the industry representatives and are often very lax and may protect the industry, not the consumer.

The fox watching the henhouse. John Feroleto

Labels: ASTM, dangerous products, defective products, fox watching the henhouse, industry standards

As a former farmer, I was interested to read that US Representative Steve Israel (D.-N.Y.) is taking a stance against injecting poultry with what he considers "poison."

As reported by The Los Angeles Times, Representative Israel is reminding consumers that turkeys, soon to be consumed by millions during the coming Holiday season, may contain poison.

The problem is that poultry producers may use a food additive called "roxarsone" which helps young chicks grow and keeps parasites off the young birds. However, "roxarsone" is a derivative of arsenic. Low levels of arsenic can cause symptoms such as nausea and vomiting among other health issues.

The FDA has however stated that ingesting arsenic contained in poultry muscle is safe at low levels. Representative Israel is not convinced and has introduced the "Poison Free Poultry Act of 2009 (H.R. 3624)."

Hate to be a "downer" by writing about this subject the day before Thanksgiving. This author, even with the above having been said, will be enjoying turkey this Holiday season but certainly sees the need for Representative Israel's initiative to keep our food safe and healthy.
Christine Vogel

Labels: farming, food safety, organics

More than two million baby cribs linked to suffocation deaths of infants were recalled by the CPSC and its Canadian counterpart. The hardware, which used to be metal was being made with plastic.
When the plastic "hardware" would break causing the crib side to fall the baby if positioned by the side would get pulled down so his or her head and face would be stuck against the mattress side causing suffocation. see the New York Times. The defective cribs were sold at big box merchandisers such as Walmart, Target andToysrUs.
We recently discussed defective baby strollers and defective pacifiers. In each defective product the defect was obvious and easily preventable.
Question: For each crib how much did the manufacturer save using plastic hardware? My guess-under 2 dollars. John Feroleto

Labels: babies, baby cribs, defective products, pacifiers, product liability, strollers

The AAJ reproted today on a New York Times article that states that "Legal experts predict that thousands of tobacco lawsuits could gain momentum in Florida after a Fort Lauderdale jury ordered Philip Morris USA to pay $300 million to a former smoker who says she needs a lung transplant. If it survives an appeal, the verdict late Thursday would be the nation's largest award of damages to an individual suing a tobacco company and could encourage thousands of plaintiffs who have filed similar cases in Florida, according to Clifford E. Douglas of the University of Michigan Tobacco Research Network." David J. Adelman, "a tobacco analyst for Morgan Stanley, said the Florida case and, separately, forthcoming class-action lawsuits over light cigarette claims pose an 'undeniable' increase in the industry's legal risk 'which had previously declined to an unprecedented low point.'" Paul Becker

The Consumer Product Safety Commission has announced the recall of thousands of "Bobby Chupete" pacifiers.

While no injuries have been reported consumers are being urged to stop using this product.

The mouth guard on "Bobby Chupete" pacifiers are too small creating a choking hazard for infants and toddlers.
Christine Vogel

As an attorney who handles cases involving a defective product, often I see where the manufacturer knows the product is harmful, but fails to correct it when it could because it puts profits over people. Recently reported here was a warning about popular baby strollers which allow babies fingers to get amputated in the hinges.

This is not rocket science. Protection against what are called "pinch points" is basic in mechanical design. Pinch points are areas where parts come together and can amputate or badly injure a body part.

You see pinch points designed out on industrial machines, conveyors and all sorts of products. Where they can't be engineered out, protection can be provided by a shield, cover or other means.

As reported in the New York Post Maclaren knew of babies fingers getting amputated but failed to notify the Consumer Products Safety Commission when it first became aware of even a "potential danger" The corporation should be held accountable. John Feroleto

Labels: dangerous products, defective products, recalls

Just in time for the Holiday shopping season, both The American Association for Justice and the Associated Press have announced that high levels of lead have been discovered in various children's toys and clothing.

High levels of lead were found in: Barbie Flair Accessory Kit, Disney Tinkerbell Water Lily necklace, Dora the Explorer Activity Tote, 2 pairs of children's shoes, a boys belt and a poncho.

The California Attorney general has contacted Target, WalMart and other retailers urging them to pull the tainted toys and clothing articles immediately.

Children who are exposed to high level of lead can suffer from irreversible brain damage.
Christine Vogel

The Buffalo News reported today that tougher DWI laws will take effect. the News reported that "Special ignition locking devices will be imposed on any driver convicted of drunken driving, including first-time offenders, and new felonies will be created for intoxicated drivers with a child in the vehicle under an agreement reached Tuesday in Albany." It further reported that "New York will become the 12th state to enact mandatory ignition lock devices for drivers convicted of any level of drunken driving, according to the Governors Highway Safety Association.
Under a deal between the governor and both houses of the Legislature, those convicted of driving with blood-alcohol levels of 0.08 percent or higher are required to have ignition interlock devices present in any vehicles they drive for at least six months. The approximately $60 to $70 monthly cost of the devices … which require drivers to blow into a Breathalyzer-type device to operate the car … will be paid for by the drivers.
Currently, ignition interlock devices are mandatory for convictions in which a driver has a blood-alcohol level above 0.18 percent."

Keeping the roads safe for everyone should be a primary concern of all citizens. Paul Becker.

The AAJ reported today that "The AP (11/13, Crumb) reported, "The Iowa Supreme Court on Friday overturned lower court rulings and said a minister who crashed his car trying to avoid a trampoline that had blown into the road during a storm can sue its owners. Charles Thompson and his wife filed a lawsuit against the owners of the trampoline, James Kaczinski and Michelle Lockwood, saying they were responsible for the 2006 crash near Earlham in Madison County because they had not secured the disassembled trampoline." This case affirms a duty by landowners to keep their property secured in the event of a storm.

The AP reported that Court records show Kaczinski and Lockwood had taken the trampoline apart during the summer of 2006 and placed its parts in their yard about 38 feet from a gravel road nearby. A few weeks later, on Sept. 17, 2006, Thompson, who is a minister, was driving down the road from the church when he swerved to avoid the trampoline top, which has blown into the road during a storm the night before. Paul Becker.

The AAJ reported todya that the House passed teh Affordable Health Care for Americans Act. This was a 220-215 margin. "Rep. Joseph Cao (LA) was the lone Republican to join 219 Democrats in supporting the bill, while 39 Democrats joined 176 Republicans in opposing it. About an hour earlier, the Republican alternative plan sponsored by Minority Leader John Boehner (R-OH) was rejected on a vote of 258-176, completely along party lines with the exception of GOP Rep. Timothy Johnson's (IL) vote against his party's measure."

"The Washington Post (11/9) editorializes that the GOP House healthcare bill "would change the medical malpractice system -- a good idea, but done in the wrong way. The measure would limit damages for pain and suffering to $250,000, along with imposing limits on punitive damages." The Post argues, "There are better approaches to tort reform than replacing an arbitrary and irrational system with arbitrary and irrational limits.' " Paul Becker

As reported in the New York Times the NHTSA is critical of the Toyota Motor Corp. charging it released misleading information about an investigation into problems with stuck gas pedals that led a huge Toyota recall.

Toyota suggests floor mats are the problem, but according to the NHTSA ''does not correct the underlying defect in the vehicles involving the potential for entrapment of the accelerator by floor mats, which is related to accelerator and floor pan design.'' John Feroleto

Labels: Toyota recall floor pan design

New York legislature passed a watered down bill on texting. Basicly one can't be stopped and ticketed for it unless there is another reason for a stop, such as speeding, reckless lane change, etc.
Look at the story/video in the New York Times which discusses the law in England, where texting drivers can be jailed in extreme circumstances, such as causing death of others on the road.
Texting by car and truck drivers causes thousands of wrecks and needless deaths annually. John Feroleto