Product Liability

Vehicle Recalls: Keeping Drivers Safe on the Road

April 12, 2013 | Gregory J. Brod

When America met the car, it fell in love. Over the years, this love affair has turned into dependence. Americans rely on their cars more with each passing decade. The U.S. Department of Transportation reports that the nation’s highways saw an estimated 2.8 trillion vehicle-miles during 2000, a nearly four-fold increase since 1960. We trust in our vehicles, assuming they are built with safety foremost in the manufacturer’s mind. Automobile recalls are evidence that sometimes this trust is misplaced. When defective cars lead to injury or death in Northern California, our San Francisco defective vehicle lawyer is ready to help. These cases lie at the intersection of product defect and automobile injury law, and they require an understanding of the recall system, all areas expertise offered at The Brod Firm.

Three Million Vehicles Recalled for Air Bag Defect

Airbags began to hit the commercial vehicle market in the late 1980s and, in the ensuing decades, we’ve come to consider them a standard safety feature. This week, however, The San Francisco Chronicle reported that more than three million vehicles from Toyota, Nissan, and Honda are being recalled due to an air bag defect that could cause the passenger side inflator to burst and send plastic pieces flying in the vehicle. Recalled vehicles from the three manufacturers are believed to be in countries across the globe including North America, Europe, Japan, Latin America, and Africa. Overall, the recall includes an estimated 1.7 million Toyota vehicles, 1.1 million Honda’s, and 480,000 vehicles from Nissan. Other automobile companies may also be involved in the recall.

Brittle Rods Break During Construction of Bay Bridge Eastern Span

April 5, 2013 | Gregory J. Brod

Bridges are impressive works of architecture and engineering, a fact we here in San Francisco know particularly well. Driving across a bridge is an exercise in trust. We rely on the architects who designed the bridge, the companies that supplied the parts, and the engineers who built the span. Our San Francisco dangerous roads lawyer is prepared to hold any and all of these players responsible if the span proves unsafe and a defective bridge proves unworthy of our trust.

Dyson-Supplied Rods Snap, Caltrans Cites Contaminated Steel as Culprit

According to a report in The San Francisco Chronicle, Caltrans is planning to inspect materials used in the new Bay Bridge eastern span after rods made by the supplier failed a key test. Dyson Corporation made or supplied a range of materials used in the construction of the bridge, a $6.4 billion project scheduled to open in early September. The materials include 96 galvanized steel rods used to secure the cables that strengthen the bridge near Yerba Buena Island. Last week, Caltrans reported that more than a third of these Dyson-supplied rods snapped as workers tightened them into place. Caltrans also acknowledged this week that the agency had approved the bolts despite the fact that previous tests raised questions about whether the bolts could stretch during an earthquake.

California Product Liability Attorney on the EPA’s Move to Ban Certain Rat Poisons

February 1, 2013 | Gregory J. Brod

We have all been caught between wanting to keep your home free from pests while also wanting to ensure the methods used will not harm our family. The companies that manufacture animal poison (including rat poison) are subject to standards developed and enforced by the U.S. Environmental Protection Agency. These steps are key, but the unintentional poisoning of people (particularly children) and beloved pets, remains a serious problem. Our San Francisco dangerous chemicals lawyer believes that there is more work needed to ensure household poisons do not cause harm

EPA Targets D-Con Mouse and Rat Poisons for Failure to Follow Safety Standards

On Wednesday, according to the San Francisco Chronicle, the federal Environmental Protection Agency (“EPA”) moved to ban a dozen mouse and rat poisons sold as D-Con products. Regulators began the banning process after finding that the manufacturer refused to adopt (and obey) the EPA’s safety standards aimed at keeping children and non-targeted animals safe from accidental poisoning. The EPA’s move now gives the product’s producer, Reckitt Benckiser Inc., thirty days to file a challenge to the proposed ban. The dispute centers on the lethal compounds used in the D-Con products. Second-generation anticoagulants used in the products interfere with blood’s ability to clot, a problem that can lead to uncontrollable bleeding and a slow, painful death.

Stores Recall Dangerous Baby Product Linked to Five Infant Deaths

January 9, 2013 | Gregory J. Brod

A newborn baby is precious. Any parent will tell you that watching an infant grow with each day is nothing short of miraculous. An honest parent will also admit that caring for a newborn is hard work. There are countless products intended to help parents care for their babies. Unfortunately, our San Francisco product liability law firm knows that far too many of these products are unsafe and that dangerous baby products can lead to injury or even death.

The Nap Nanny Story

Recent headlines, including a report by ABC News, discussed an unusual twist on a product recall. The Consumer Product Safety Commission (“CPSC”) has received seventy complaints, including five reports of infant death, related to a product advertised as a portable recliner for infants. The accidents included babies falling out of the seat and hitting their head or becoming trapped and suffocating between the seat and a crib or other item. In other cases, the infants were found dangling from the recliner’s straps. In early December, several retailers agreed to stop selling the Nap Nanny as a result of these reports. After the product’s manufacturer refused to recall the item, Amazon.com, Toys R Us/Babies R Us, Best Buy, and Diapers.com all took the unusual step of issuing their own recall. The stores suggested people stop using the Nap Nanny recliner and offered customers the opportunity to return the item (typically priced around $125). The CPSC, via spokesperson Scott Wolfson, praised the retailers for the move.

The Hazard of Dangerous or Defective Toys in the Season of Giving

December 17, 2012 | Gregory J. Brod

Soon wrapping paper will litter the floor as children and adults alike begin to enjoy the new gifts they have received this holiday season. It is a great moment of happiness, and togetherness as individuals experience the joy of giving and receiving and it is a great memory that is best left unmarred by hazardous incidents that can easily be avoided.

Several weeks ago, our personal blog released a posting reminding consumers about potential hazards to look out for when purchasing presents. In the busyness of the holiday season, it is easy to overlook simple things such as warning labels in determining the appropriateness of gifts. However, if gifts are not age appropriate or potentially dangerous, they may result in safety risks to a most loved but vulnerable group, children. Thus, before the purchase is made, and even for purchases already made, be sure to use your judgment and check if the gift is really appropriate in order to prevent injuries. So here again are some tips to help you in this process.

• Read warning labels carefully • Consider the age, interest and skills of gift recipients • Avoid toys with sharp edges and points • Check to see if toys are potential choking hazards • Avoid gifts containing high powered magnets
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The US Consumer Product Safety Commission reports that an estimated 195,200 toy related injuries resulted in hospital visits in the year 2011 with 19 instances that led to death. Though The CPSC and Customs and Border Protection do a very good job of reviewing the toys that are put on shelves, unexpected issues may still arise. Examples of this are Buckyballs and Buckycubes, which are small high powered magnets. The toys, if swallowed, can cause major health issues. If multiple magnets are swallowed, attraction within an individual’s digestive system can cause holes in the stomach, intestinal blockage, blood poisoning, and unfortunately even death. Though the manufacturer and distributor of Buckyballs and Buckycubes have stated in October that they will no longer be selling these products once their stock has diminished, it is still very possible that purchases of these toys were made in recent months and some may still be on store shelves, leading unsuspecting customers to purchase them.

There are many other sources of danger other than magnets however. Sometimes, toys that seem simple and harmless can be defected in design or from the manufacturing process. In these instances, the fault lies with the production company and they should be held responsible as our society bears responsibility of protecting children. Defective products can be improperly designed or sometimes the marketing of products include inadequate warnings, instructions or even false advertisement about the safety of the product. Thus it is important to report claims about toy related injuries in order to inform not only the company of flaws in their product, but also to warn other consumers about the dangers of certain products.

Sources:
Public Health Watchdog Warns about Dangers of Magnetic Balls that Have Allegedly Caused Serious Injuries in Children
‘Tis the Season for Toy Safety
Magnet Toys: What To Do if Your Child Swallows a Magnet
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Fire Safety Following Fatal Home Fire in Ingleside Heights

December 7, 2012 | Gregory J. Brod

Our San Francisco fire injury law firm knows that home fires are a very real danger that can cause death or serious injury. A harsh reminder of this threat came to the Ingleside Heights neighborhood this week when a fire claimed the life of sixty-one year old Deane Wernet on Wednesday night. According to a report in The San Francisco Chronicle , the blaze burned much of the top floor of the residence at 65 Saint Charles Avenue. Wernet moved to San Francisco from Ohio, where she grew up as one of thirteen siblings. She worked as a waitress and also made jewelry and other pieces of art. Authorities are still investigating the fire, but they do not believe foul play was involved.

Home Fires: Statistics & Causes

Home fires are the single most common disaster nationwide, a fact that headlines the American Red Cross’s Fire Safety Fact Sheet. During the year prior to the info sheet’s compilation, a whopping 93% of the disasters that the Red Cross responded to nationwide were fire related. Even more disturbing, fire safety appears to be on a negative trend with the number of home fires rising eight percent since the year 2000. Fires cause more American deaths annually than all types of natural disasters combined, with a home fire being reported every eighty seconds in 2006 and someone dying every 204 minutes due to a home fire. Despite these statistics, only 26% of families have planned and practiced a fire escape plan.

Unexpected Sources of Carbon Monoxide Poisoning in the Winter

December 3, 2012 | Gregory J. Brod

Now that the winter season is here and the holiday season is in full swing, many find themselves staying home to stay warm from the cold outside or perhaps visiting the homes of family and friends. More often than not, activities in this time of year are mainly focused indoors. With this winter trend, many homes turn to trusty appliances – from gas space heaters, fireplaces, and furnaces – to keep their homes toasty and cozy for their family, friends and themselves. However, the increased use of these appliances unfortunately brings about a potentially lethal danger in carbon monoxide poisoning.

Carbon Monoxide Poisoning Facts

Carbon monoxide poisoning occurs when individuals have inhaled carbon monoxide, an odorless, toxic gas, preventing oxygen from being transported to different cells in the body. According to the United States Environmental Protection Agency, different levels of CO levels and the duration of exposure will greatly affect the symptoms and health effects of poisoning. Low concentration exposure can lead to fatigue, shortness of breath and chest pain. At moderate levels symptoms include angina, impaired vision, and reduced brain function. At high levels, impaired vision and coordination, headaches, dizziness, and nausea. It does not take prolonged exposure to result serious chronic health effects such as concentration problems, psychosis, Parkinson’s disease, memory impairment and even personality alterations. High exposure can even lead to death within minutes.

Product Alert: Popular Cholesterol Drug Contaminated With Glass Particles

December 3, 2012 | Gregory J. Brod

We take medications to protect our health and cure diseases. In doing so, we trust in our government regulation and in the manufacturers themselves to ensure that the benefits of the drugs outweigh potential adverse effects. At The Brod Law Firm, we know that medication errors and dangerous drugs are a very real problem. These cases are complex and often require significant expert analysis to determine whether a medication was unduly dangerous and the cause of a negative outcome. However, while even the victims of dangerous drugs may be uncertain of what caused their injuries, some cases of contaminated medication can be shockingly blatant. These cases leave our San Francisco product liability law firm, and the general public as a whole, stunned at how such glaring errors can occur in what should be a carefully controlled environment.

According to CNN, the Food and Drug Administration (“FDA”) recently advised consumers to stop taking a popular medication because the pills may be contaminated with small specks of glass. The medication at issue is a generic form of the cholesterol drug Lipitor that is manufactured by Ranbaxy Pharmaceuticals, the world’s 12th largest maker of generic drugs and India’s largest pharmaceutical company. Although Ranbaxy initiated a recall of forty-one lots of the pills nearly three weeks ago, the FDA’s announcement on Thursday November 29 is the first time the agency told consumers to stop using the medication. Additionally, the FDA announced that Ranbaxy will stop manufacturing atorvastatin while the company and the administration investigate how the glass got into the pills.

Despite the FDA pronouncement, some pharmacies have told customers that it is safe to continue taking the medication. Brian Henry, the vice president of corporate communications for Express Scripts, explained the matter is a “pharmacy-level recall,” meaning the pharmacies themselves will stop dispensing contaminated lots of the pills but users could take already purchased medication, despite confirmation from the FDA that some pills from the lots at issue may have already reached consumers. Henry added that Express Scripts will not issue refunds on the medication. CNN also spoke with several CVS-based pharmacists who advised customers it was okay to take the medication but said they would replace the pills at a patient’s request.

Toy Safety Reminder From Your San Francisco Injury Lawyer

November 26, 2012 | Gregory J. Brod

For many, after the Thanksgiving feast is eaten and the dishes cleared, the shopping begins. Parents and grandparents, including many of the members of our San Francisco injury law firm, search for the perfect gift to bring a smile to a child’s face and provide hours of fun in the year to come. While fun (and good deals!) is crucial, shoppers should also keep toy safety in mind as they shop for the holiday season ahead.

Toy Injury Statistics

Safe Kids USA, a nonprofit coalition aimed at preventing unintentional childhood injuries, provides a Toy Safety Fact Sheet that examines the problem of toy-related injuries. Per their research, since the year 2000, an average of 168,000 children (age fourteen and under) annually have needed emergency room treatment due to a toy-related injury. Half of these cases involve children under age five, with emergency room treatment for those young children totaling $385 million in 2001 alone. Additionally, since 2000, an average of twenty children have died each year due to a toy-related incident. While this is a small number compared to the three billion toys and games sold annually, even one accident is too many – especially when the victim is a child in your own life.

San Francisco Injury Lawyer on the Rising Rate of Golf Cart Injuries

November 7, 2012 | Gregory J. Brod

When people think about moving vehicle accidents, their minds usually turn first to car crashes. If pushed to think beyond automobiles, people might mention motorcycle or bicycle-involved accidents. The next list of vehicles would probably come from the mass transit category, including buses, trains, and even planes. However, our San Francisco injury lawyer knows that there are many kinds of vehicle accidents that wouldn’t make even the most thought-out lists. One such often-unrecognized but still quite real danger comes from golf cart accidents. The small vehicles have grown more powerful over the years, but operators still tend to take piloting a golf cart much less seriously than an automobile – a dangerous, even fatal, combination.

Golf Cart Accidents: Safety & Stats

In 2008, the American Journal of Preventative Medicine published what many suggest was the first nationwide study focused on golf cart accidents and injuries (note: readers can access the full-text of the study with registration on the Journal’s website, a discussion of the report that informs this article is available on Newswise). The Center for Injury Research and Policy, a part of The Research Institute at Nationwide Children’s Hospital, conducted the study based on data from hospital emergency departments in the United States across the seventeen year period from 1990 to 2006. During the entire span, the report found an estimated 148,000 golf cart related injuries occurred nationwide. Over the seventeen year span, golf-cart related injuries soared 132%, with approximately 5,770 reported injuries in 1990 growing to an estimated 13,411 injury cases in 2006.