Category Archives: Product Recalls

Takata Inflator Investigation – Is Your Car’s Air Bag Defective?

Air bags are supplemental protection and are designed to work best in combination with seat belts. Both frontal and side-impact air bags are generally designed to deploy in moderate to severe crashes and may deploy in even a minor crash.

Air bags reduce the chance that your upper body or head will strike the vehicle’s interior during a crash. To avoid an air-bag-related injury, make sure you are properly seated and remember—air bags are designed to work with seat belts, not replace them. And children under 13 should sit in the back seat.

 

Defective Takata Air Bag Inflator Investigation

U.S. auto safety investigators have opened a new probe into 30 million vehicles built by nearly two dozen automakers with potentially defective Takata air bag inflators. The National Highway Traffic Safety Administration(NHTSA) opened an engineering analysis into the vehicles manufactured between 2001-2019. The investigation has not been made public yet.

Go to safercar.gov to check the recall status of your vehicle.

 

Which Car Models Are Effected?

The new investigation includes vehicles assembled by Honda, Ford, Toyota, GM, Nissan, Subaru, Tesla, Ferrari, Mazda, Daimer, BMW, Porsche, Jaguar Land Rover and others. The 30 million vehicles include both vehicles that had the inflators installed when newly manufactured and inflators that were used in prior recalls.

Over the last decade more than 67 million Takata inflators have been recalled in the US and more than 100 million worldwide. This has been the largest auto safety callback in history because the inflators can send deadly metal fragments flying after a crash.

  • 2001-2002 Honda Civic
  • 2001-2002 Honda Accord
  • 2002-2003 Acura TL
  • 2002 Honda CR-V
  • 2002 Honda Odyssey
  • 2003 Acura CL
  • 2003 Honda Pilot
  • Certain 2006 Ford Ranger (Ford advises do not drive)
  • Certain 2006 Mazda B-Series (Mazda advises do not drive)

NHTSA advises that owners not drive these vehicles and seek immediate repairs.


MORE THAN 100 DEATHS HAVE BEEN DOCUMENTED WORLDWIDE, WITH MANY MORE NON-FATAL INJURIES.


 

NHTSA has said the cause of the inflator explosions tied to the recall of 67 million inflators is propellant breaking down after long term exposure to high temperature fluctuations and humidity. Vehicles in states such as Florida are susceptible to such climate factors.

 

What Constitutes A Defective Air Bag?

A defective air bag is one that contains a design or manufacturing defect that effects the safe function of the air bag. These can cause spontaneous explosions, failure to deploy in an accident and late deployment in an accident.

 

Who Is Liable?

Vehicle and air bag manufacturers may be liable for such injuries. Under product liability laws car dealers and repair technicians may also be liable. Finding responsible parties requires legal skill and experience and should be handled by expert personal injury attorneys.

 

Injuries Caused By Defective Air Bags

The type of injuries caused by defective air bags  can include: Puncture wounds

Lacerations

Skull fractures

Death

This can result in facial fractures, dental injuries, eye injuires and more.

Experienced personal lawyers can review and evaluate cases involving airbag injuries. To file a claim, the lawyer must establish a causation relationship between the airbag and the injuries. These are complex cases and must include input from experts such as reconstruction engineers, auto engineers and medical experts. These are complex cases with complex legal issues that require experienced lawyers.

Refer to the car wreck checklist for more info on what to do right after you’ve been involved in a car accident.

Joe Zarzaur is a Board Certified Civil Trial Lawyer whose firm is dedicated to promoting community safety since 2007. ZARZAUR LAW’S AREAS OF PRACTICE: Serious Personal Injury, Product Defect, Auto Accidents, Cycling Accidents, Motor Vehicle Accidents, Products Liability, Wrongful Death, Community Safety, Boat and Jet Ski Accidents, Slip and Fall Injuries, and more. Licensed in Alabama and Florida.

If you’ve been the victim of an accident, it’s important that you don’t make any rash decisions. Put yourself in the best possible position to receive the justice you deserve. It is also important to consult with a Board Certified Trial lawyer who has the knowledge and experience to help you. We know accidents can be stressful and want to make the process as easy as possible for you. Call Zarzaur Law, P.A. today at (855) Hire-Joe, or by requesting a free case review through our website.

Sources:
https://www.nhtsa.gov/recall-spotlight/critical-warning-regarding-certain-honda-acura-mazda-and-ford-vehicles-takata-air

https://www.consumerreports.org/car-recalls-defects/takata-airbag-recall-everything-you-need-to-know-a1060713669/

Who is at Fault for a Car Accident That Involves a Product Recall?

 

In many car wreck cases, a defective vehicle or vehicle component may be responsible for the crash and injuries sustained from the crash. Since the establishment of the National Traffic and Motor Vehicle Safety Act, the National Highway Traffic Safety Administration (NHTSA) has recalled tens of millions of vehicles, motor vehicle equipment, and tires. Despite these recalls many car crashes are caused by these defects.

While there may be a negligent driver who caused the crash, an injured consumer can not only recover from the other driver but can also recover from manufacturers if defective equipment causes the crash or the injury.

In many cases, a defective seatbelt or airbag can lead to enhanced injuries.

Similarly, defective tires can cause a crash. In such situations, you need to have an experienced trial lawyer review the case for sources of recovery.

What Is a Product Recall?

Federal Motor Vehicle Safety Standards are minimum performance requirements that apply to all vehicles and vehicle-related equipment. When a vehicle or one of its parts creates a safety risk or does not meet minimum standards it may be recalled. Not all defects are safety-related, some may be caused by ordinary wear and tear, and are not considered the basis of a recall. Car owners or their lawyers are encouraged to report safety defects to NHTSA, and it maintains a website that lists all investigations and recalls.\

Examples of Common Vehicle Defects

Most consumers assume that the vehicle they are driving is safe, particularly when they are driving a new car off the lot for the first time. Unfortunately, even new cars have defective products that can cause serious accidents and life-threatening injuries. For example, the defective ignition switches in General Motors cars caused over 50 fatalities, and the faulty Takata airbags that were installed in several car models were responsible for at least five deaths and 64 serious injuries. Takata recalled 1.4 million older driver’s-side airbag inflators on certain vehicles that were designed between 1995 and 2000 after it was discovered that some deflators deployed too slowly or ruptured if there was an improper amount of moisture in the inflator.

The following are other examples of product defects that can lead to product recalls:

  • Brake systems that malfunction
  • Defects in the vehicle’s electrical system
  • Faulty accelerators that either prevent the car from moving or cause it to accelerate too quickly
  • Fuel leaks that can cause a fire
  • Steering issues that can cause the driver to lose control of the vehicle
  • Unsafe tires

Who is Responsible for Issuing Product Recalls?

The Federal Motor Vehicle Safety Standards established a set a minimum performance requirement for the parts of a vehicle that have the biggest impact on safe operation, including the brakes, tires, and lighting; as well as the features of the vehicles that protect motorists from serious injuries or fatalities, including airbags, safety belts, child restraint, energy-absorbing steering columns, and motorcycle helmets.

If a vehicle or a specific product related to the vehicle does not comply with the Federal Motor Vehicle Safety Standard, or if there is a safety-related defect in the vehicle or the equipment, and auto recall may be necessary.

Who is Liable if There is a Crash Involving a Recall?

An injured party may often sue the manufacturer, distributor, or seller of a defective auto or auto component under strict product liability theories of recovery. In such cases, the victim must show the product was defective, that the defect made the product unreasonably dangerous and that the injuries were caused by the defective product. The manufacturer can also be sued for negligence, negligent design and marketing, and for manufacturing defects. These theories are often joined in the same lawsuit.

If you think a product defect caused or contributed to your injury, it is imperative that you contact an lawyer and preserve the vehicle of the part to the best of your ability. These manufacturers aggressively defend their products, so it is most important to seek experienced legal counsel immediately. It is usually necessary to have experts retain and test these products so preservation if most important.

A Product Recall Does Not Automatically Get a Manufacturer Off the Hook

A manufacturer cannot use a recall to defeat any claim brought against it. The manufacturer must usually prove that the particular plaintiff directly received notice of the recall and that the recall adequately warned the plaintiff of the dangers posed by the defective product.

A broadly issued recall, unaccompanied by successful efforts to direct the recall notice to the plaintiff, is not enough. Also, the manufacturer cannot defeat the plaintiff’s suit by blaming a distributor or seller for not providing the notice directly to the customer—although the manufacturer may be able to sue the distributor or seller afterward, depending on the facts of the case.

Learn more about a manufacturer’s defenses in a product liability case.

What Should I Do if I Get a Product Recall Notice?

If you receive a notice, you should read it carefully. If it tells you not to use the vehicle until its repaired, you should immediately call the manufacture or dealer for instructions. There is always a recall hotline to call. You should then schedule a repair with an authorized dealer as soon as possible. There is generally no charge for such repairs. Failure to follow such instructions can adversely affect your case if there is a wreck.

Defective car products can cause death or catastrophic injuries. Bringing a claim for damages is difficult, expensive, and requires special expertise. If you have a claim like this, you need to seek counsel of an experienced board-certified civil trial lawyer.

Joe Zarzaur is a Board Certified Civil Trial Attorney whose firm is dedicated to promoting community safety since 2007. ZARZAUR LAW’S AREAS OF PRACTICE: Serious Personal Injury, Product Defect, Auto Accidents, Cycling Accidents, Motor Vehicle Accidents, Products Liability, Wrongful Death, Community Safety, Boat and Jet Ski Accidents, Slip and Fall Injuries, and more. Licensed in Alabama and Florida.

If you’ve been the victim of an auto accident, it’s important that you don’t make any rash decisions. Put yourself in the best possible position to receive the justice you deserve. It is also important to consult with a Board Certified Trial lawyer who has the knowledge and experience to help you. We know accidents can be stressful and want to make the process as easy as possible for you. Call Zarzaur Law, P.A. today at (855) Hire-Joe for a free legal consultation or visit www.zarzaurlaw.com.

 

Sources:

https://blogs.lawyers.com/lawyer/automobile-accidents/how-does-a-product-recall-impact-my-car-wreck-case-66414/

https://www.findlaw.com/injury/product-liability/vehicle-recalls-and-defects.html

https://www.alllaw.com/personal-injury/how-a-recall-affects-a-product-liability-claim.html

Pensacola Product Liability Lawyer

RECALL: Kidde Nighthawk Smoke/Carbon Monoxide Alarms

Pensacola Product Liability LawyerPensacola Product Liability: Recall Alert

The Kidde NightHawk combination smoke/carbon monoxide alarms are being recalled because the alarm can fail to continue to chirp when it reaches its seven-year end of life if the batteries are replaced, leading consumers to believe it is still working, according to the Consumer Product Safety Commission.

The company is recalling 3.6 million Kidde NightHawk talking combo smoke/CO alarms in the U.S. and another 1.5 million in Canada. Alarms with the model number KN-COSM-IB and manufacture dates between June 1, 2004 and Dec. 31, 2010 come under the recall.

The alarms are hard-wired into a home’s electric power. The unit has a compartment on the back for the installation of a replaceable 9V backup battery.

The alarm is white, round and measures about 5 to 6 inches in diameter. “Kidde” is engraved on the front of the alarm. “Kidde,” the model number and manufacture dates are printed on a label on the back on the alarm.

The alarms were sold at electrical distributors and home centers nationwide and online on Amazon.com from June 2004 through December 2010 for between $40 and $65.

Kidde has received eight reports of incidents with the recalled alarms. No injuries have been reported.

Who is responsible for smoke detector failure?

Pensacola Product Liability LawyerSmoke detectors are invaluable in saving lives. It is estimated that three-fifths of all deaths from home fires occurred in homes without smoke detectors. But what happens when a smoke detector fails to alert residents of the presence of smoke? Who is responsible for smoke detector failure?

 

To prove a Pensacola product liability claim against a smoke detector manufacturer, the plaintiff is required to show:

  • That The Smoke Detector Was A Defective Product;
  • That The Defective Product Created An Unreasonably Dangerous Risk That Was Not Outweighed By The Benefits Of The Product;
  • And That The Defective Nature Of The Product Was The Cause Of The Plaintiff’s Injuries Or Damages.

The actions of the plaintiffs in maintaining the smoke detectors and in responding to the alarms can provide a defense for smoke detector manufacturers in Pensacola product liability actions.

Consumers should immediately stop using the recalled alarms and call Kidde directly at 855-239-0490 for a free replacement alarm, or a discount on a new alarm. Kidde toll-free at 855-239-0490 from 8 a.m. to 5 p.m. ET Monday through Friday or online at www.kidde.com and click on “Product Safety Notice” for more information.

Securing Compensation for Victims of Defective Products

Zarzaur Law acts promptly in defective product cases to maximize the chance of fair recovery for our clients’ Pensacola product liability claims. We first secure the product itself for examination by experts. We consult with the most qualified engineers, mechanics, and other experts to research the design and manufacturing process. Our Pensacola product liability lawyers also investigate any history of similar defective product claims against the company and the manufacturers’ response to concerns about product safety.

We invest a lot of time and money in defective product cases to ensure that our clients get full compensation from manufacturers of unsafe products.

For more information, visit our Pensacola product liability page.

McDonald’s Recalls 29 Million Fitness Trackers Amid Burn Reports

McDonald’s is recalling 29 million “Step It!” fitness trackers that were given away in some Happy Meals after reports that children experienced skin irritations and burns from the toy’s wristband.

The recall comes less than a week after McDonald’s pulled the fitness tracker from its stores in the U.S. and Canada.

The fast-food giant has received more than 70 reports, including seven reports of blisters from wearing the wristbands, The U.S. Consumer Product Safety Commission said in a statement.

Last week, McDonald’s spokeswoman Terri Hickey told USA TODAY, the activity trackers, which were available in all U.S. and Canadian stores would no longer be offered in Happy Meals.

“We have taken this swift and voluntary step after receiving limited reports of potential skin irritations that may be associated with wearing the band,” Hickey said in a statement.

The “Step It” fitness tracker came in six colors and strapped on like a watch. The device counted steps or blinked according to how quickly or slowly the person wearing the device was moving.

McDonald’s swapped out the plush toys and figurines for the fitness trackers as part of a promotional campaign to get kids moving again in early August.

McDonald’s reiterated on its website that the activity bands were tested and in compliance with federal and state requirements.

“McDonald’s is aggressively investigating this issue,” the company said on its website.“While we do not yet know what may be causing these incidents, we believe it is appropriate to recall these wristbands from consumers in an abundance of caution.”

McDonald’s is urging parents to take the wrist bands from their children and return them to their local McDonald’s restaurant for a new toy or apple slices.

If you child is in need of a Pensacola product liability lawyer, call us – Zarzaur Law firm.

Pensacola Product Liability: Baby Monitor Recall Over Burning Hazard

Pensacola Product LiabilityWhat Is Pensacola Product Liability?

Like other Pensacola product liability claims, those relating to children’s products can be made against manufacturers, suppliers, distributors, and retailers. This can include toys, children’s equipment such as cribs, strollers, baby food, and other products sold for use by babies and children. Pensacola Product liability claims can result in compensation for serious injuries, illness or deaths caused by products which are unduly dangerous either in their very design, through a manufacturing flaw, through unsafe handling along the path from manufacturer to the consumer, or through inadequate warnings of risks.

Please call Pensacola Product Liability Lawyer, Joe Zarzaur of Zarzaur Law if you think you may have an issue against a toy manufacturer.

Recalling All Monitors: Burn Hazard

Pensacola Product Liability LawyerOfficials have recalled thousands of video baby monitors sold in the U.S. and Canada over what they say is a possible burning hazard.

The recall affects 26,000 Lorex Care ‘N’ Share monitors, which come with a blue lithium polymer battery that officials say can overheat and swell, which creates a burning hazard, WishTV.com reported. No injuries have been reported.

According to the Consumer Product Safety Commission, the monitors are sold at Babes “R” Us, B&H, Best Buy, Target, The Home Depot, Wal-Mart, Amazon and LorexTechnology.com.

There have been 488 cases reported of batteries overheating and expanding, WishTV.com reported. About 140 of those reports including instances wherein the battery’s plastic casing came off.

The model numbers in the recall included WL3520, WL4320 and WL3401.

RECALL ALERT: Water Heating Technologies Recalls Gas Water Heaters Due to Fire Hazard

RECALL (2)As release by the Consumer Product Safety Commission, close to 14,400 Water Heating Technologies gas water heaters are being recalled due to fire hazard. This recall involves Water Heating Technologies “American Standard” gas water heaters. The model numbers included in the recall begin with GN and GSN. The water heaters are white with an “American Standard” logo printed on the front.  The model number is printed on a label on the side of the water heater. The water heaters were sold in 30, 40 and 50 gallon capacities. A complete list of models and serial numbers can be found on the firm’s website at http://www.americanstandardwaterheaters.com/recall/.

16171bThe water heaters have a space between the burner flange and the combustion chamber that allows flammable liquids or gases to contact burning flammable vapors inside the combustion chamber, posing a risk of fire or explosion.

Although no incidents or injuries have been reported, consumers should immediately stop using the gas water heaters and call Water Heating Technologies to arrange for a service technician to inspect, repair or replace the water heater free of charge.

The affected water heaters were sold through plumbing contractors nationwide from May 2015 through February 2016 for between $400 and $820.

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