Posts Tagged ‘“defective products”’
Massachusetts Escalator Accident Follows Years of State’s Failure to Inspect
A recent public records request made by the Boston Globe shows the state has failed to regularly inspect approximately 75 percent of the escalators in Massachusetts malls.
From 2008 to 2010, only 44 of the state’s 188 mall escalators received annual inspections as required by law. Inspectors missed one or two inspections during those three years on 144 escalators.
When mall escalators were inspected, they needed repairs in more than half the cases. Mall escalators were shut down 22 times.
The newspaper made the public records request following the wrongful death of 4-year-old Mark DiBona last month in an escalator accident in a Sears department store at the Auburn Mall near Worcester. The child fell through a 6-inch-wide gap between the handrail and the glass barrier.
The state Department of Public Safety suspended the two inspectors who approved the defective escalator for use.
The state’s failure to inspect its escalators dates back at least 15 years. In 1995, the Globe reported that nearly 40 percent of the state’s escalators and elevators had expired inspections.
The state currently has 34,000 elevators and 900 escalators for 51 inspectors to examine. Two dozen of those positions were created in 2010, the same year an audit found that nearly a third of the state’s elevators and escalators had expired inspections. Fifty one inspectors is the most the state has had in years, though some specialists say they still carry a heavy workload.
Beyond staffing, some specialists in the field say that inspectors spend more time on elevators and are less experienced with escalators, which may contribute to escalator accidents in Massachusetts.
Boston personal injury lawyer David White on the findings: “It is encouraging that the state is now catching up on the backlog of inspections. What is discouraging, however, is how many violations they are finding. This is a strong indication that property owners and their own service companies may be putting the public at severe risk.”
To read the Boston Globe article reporting this data, click here.
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Lasko Recalls Box Fans Due To Fire Hazard
Lasko Products, Inc. has recalled 4.8 million box fans in Massachusetts and across the country after receiving seven reports of fires associated with motor failures, including two house fires and one barn fire. According to the Consumer Product Safety Commission, the Lasko fans pose a hazard due to an electrical failure in the fan’s motor.
No injuries have been reported, but the fires resulted in extensive property damage. We urge Massachusetts consumers to check fans in their homes. It is also important to check your storage. Many of us in New England are not using fans right now because it is winter. But we use them plenty in the warm weather. Lasko is a large manufacturer; if you have a box fan, there is a good chance you have a Lasko model.
So please remember to check your storage, now or before using your fans this Spring and Summer.
The defective units have “Galaxy” and “Lasko” printed on the front of the fan. They were sold nationwide from July 2002 through December 2005 for $12 to $15. Lasko is a major company and many of us have Lasko fans. The fans were sold at a number of mass merchandisers. Visit the Consumer Product Safety Commision’s website to view the recall notice.
The model numbers for the Lasko box fans are 3720, 3723, and 3733. The Galaxy models include 4733 with the date “”2002-03″” or “”2003-04″‘.
The West Chester, Pennsylvania company said consumers should stop using the product and contact Lasko for a free replacement fused plug safety adapter. If you have an old fan, it may be a good time to purchase a new model.
Reminder to Check Seasonal Products for Recalls
Product recalls which affect you may be issued off-season. For this reason, it is always a good idea to check for product recalls when we change seasons and appliances. The model number should be printed somewhere on the product. Search for the model number on the Internet and on the Consumer Product Safety Commission website. You can also try searching by the manufacturer’s name.
If you cannot check your fan now, make sure to put a reminder on your electronic calendar.
Check the model numbers on other seasonal products as well, including your grill and children’s products, toys, bicycles and swingsets. Carefully inspect your products at the same time. Swingsets and any other product left outside can shift position or winter may have weakened the wood.
Massachusetts Consumers: Take Care in the Deli Department–Rhode Island Company Recalls Salami Products Due to Salmonella Risk
The U.S. Department of Agriculture’s Food Safety and Inspection Service (FSIS) has announced that Daniele International, with operations in Rhode Island, has recalled 1,240,000 lbs of ready-to-eat Italian sausage products currently in commerce due to risk of salmonella contamination. The recalled products include salami coated with black pepper.
The recall is the result of a multi-agency investigation into a salmonella breakout in several states. While searching for the defective food agent causing the outbreak, FSIS discovered a strain of salmonella in a Daniele International sample product. The tested product is similar to what people reported eating prior to becoming ill, but a direct link has not been established.
The strain of salmonella found in the tested product does not match the strain being investigated. In addition to recalling the ready-to-eat products, Daniele International presented information to FSIS and voluntarily recalled all products in commerce associated with black pepper, which the company believes is a possible source of contamination.
Eating products contaminated with salmonella can cause salmonellosis, one of the most common bacterial foodborne illnesses. The symptoms of salmonellosis include diarrhea, abdominable cramps, and fever within 8 to 72 hours of comsumption. Additional symptoms may be chills, headache, nausea, and vomiting for up to a week. Salmonella infections can be life-threatening to those with weak immune systems, such as infants, the elderly, and persons with HIV infection or undergoing chemotherapy.
The specific products recalled all carry a USDA mark of inspection bearing establishment numbers “EST. 9992” or “EST. 54.”. The following products can be returned to the retailer for a full refund:
For more information on the on-going investigation into the multi-state salmonella investigation, see the Center for Disease Control’s website. For a list of retailers that sold recalled products, see the FSIS recall website. Consumers with questions about food safety can ask a virtual FSIS representative on the Ask Karen website. Live chat services are available Monday through Friday, 10:00 a.m. – 4:00 p.m. Eastern Time (except Federal Holidays).
Huge Toyota Recall Affects Thousands of Massachusetts Drivers–Defective Gas Pedals May Cause Runaway Acceleration
Toyota has issued another recall affecting millions of its popular vehicles due to acceleration problems caused by sticking gas pedals which are known to have caused serious personal injury and several deaths. In addition, Toyota has halted sales and will halt production of several product lines until it designs a fix for the product defect. This recall seriously affects Toyota’s reputation for safety and reliability. It also affects tens of thousands of Massachusetts drivers who own the defective Toyotas. It also affects others on the highway who may be struck by a runaway vehicle.
Toyota announced the voluntary recall last Thursday, which includes about 2.3 million vehicles, “to correct sticking accelerator pedals on specific Toyota Division models.” The sticking pedals may fail to return, or return slowly, to the idle position, causing the cars to accelerate or maintain a high speed unexpectedly.
The recall comes after a recall on floor mats in September 2009 affecting 3.8 million vehicles. That recall was found to be insufficient to solve the accelerator problems. Investigators realized the product defect included more than just the floor mats after a family of four suffered wrongful deaths when their Avalon crashed into a lake. The floor mats were discovered in the trunk of that car.
In November 2009, the National Highway Traffic Safety Administration (NHTSA) called the removal of the offending floor mats an interim measure only, and said, “This remedy 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.”
Unfortunately, Toyota has not yet proposed a plan to fix its millions of defective vehicles.
Massachusetts consumers who experience gas pedal problems are advised to apply firm pressure to the brake, and to pull off the road as soon as that can be done safely. The car should not be driven. In an emergency, the car can be put into neutral or the key turned to off. Push-button start controls can be turned off if the button is depressed for several seconds.
Models affected by the recall include:
- 2009-2010 RAV4
- 2009-2010 Corolla
- 2007-2010 Camry
- 2009-2010 Matrix
- 2005-2010 Avalon
- 2010 Highlander
- 2007-2010 Tundra
- 2008-2010 Sequoia.
Toyota customers affected by this recall should call the Toyota “Customer Experience Center” at 1-800-331-4331 with questions or concerns.
Maclaren Recalls One Million Strollers–Defective Product May Cause Amputation Injuries
The U.S. Consumer Product Safety Commission has announced a recall of over one million stroller manufactured by Maclaren. The concern: The defective product may cause personal injury to the child riding in the stroller. At least 15 serious injuries have been reported, and 12 of these have been fingertip amputations.
The recall affects all Maclaren strollers manufactured since 1999, including all single and double strollers. They popular baby strollers have been sold at Target, Babies “R” Us and other mass merchandisers.
Parents should immediately stop using the strollers and obtain a free repair kit from the manufacturer.
For additional information, contact Maclaren USA toll-free at (877) 688-2326 between 8 a.m. and 5 p.m. ET Monday through Friday or visit the firm’s Web site at www.maclaren.us/.
Here is a link to the recall notice. You can also search for information on the Consumer Product Safety Commission (CPSC) website.
David White, a product liability attorney at the Boston firm Breakstone, White & Gluck, PC, said, “Unfortunately, we are familiar with this type of product defect. Obviously a manufacturer of baby products must anticipate injuries that can come from pinch points from hinges and other moving parts. They must be extraordinarily careful to prevent injuries from their products.”
As reported in Time Magazine: “This is a very serious hazard,” says Scott Wilson, spokesperson for the CPSC. “We know child behavior, we know kids like to explore and sometimes put their fingers in places where they shouldn’t be. But finger amputations that result from using a product that parents expect to be safe is unacceptable.” Read More
Toyota Recall of Defective Cars to Affect 3.8 Million Vehicles–Floor Mats Blamed for Crashes
In what will be the largest recall in the history of Toyota Motor Corp., the company will be recalling 3.8 million defective motor vehicles because of defective floor mats. The defective mats may cause the accelerator to jam, and may lead to serious accident.
Toyota has recommended that for several Camry, Avalon, Prius, Tacoma, Tundra and Lexus models the driver’s side removable mat be removed from the car immediately and not replaced until the company issues a fix.
According to the Washington Post, Transportation Secretary Ray LaHood has called this an “urgent matter,” and has strongly urged owners to “remove mats and other obstacles that could lead to unintended acceleration.”
One recent spectacular car crash has been blamed on the defective mats. In August 2009, a California family was traveling in a 2009 Lexus ES 350 when the car’s accelerator became stuck. The runaway vehicle could not be stopped, and reached a speed of 120 mph before crashing, rolling off the highway, and catching fire. All four family members were killed.
Toyota has also issued instructions on how to disable the vehicle if the accelerator becomes jammed. A driver should use both feet on the brake to slow the car and slip the gear shift into neutral. The key should be turned to accessory (not to lock, otherwise steering will be lost). In a push-button ignition, holding the button for three seconds will kill the engine.
More Information
For more information, consumers can contact the National Highway Traffic Safety
Administration’s hotline at (888) 327-4236, Toyota at (800) 331-4331 or Lexus at
(800) 255-3987.
Toyota to recall 3.8M vehicles over floor mats, Washington Post, September 30, 2009.
Avoiding Injuries Caused by Defective Child Car Seats
Children’s car seats are designed to keep children safer in the event of an accident. Unlike a regular seatbelt, car seats specifically protect small bodies. However, car accidents remain the leading cause of death among children. This is largely due to the improper use of child car seats. Massachusetts consumers need be aware of proper use of car seats, and also be aware of recalls of defective car seats for children.
Last month a recall was issued for Graco’s ComfortSport Convertible Car Seats due to an obscured warning label regarding the child airbag. Car seats can be confusing to install in the first place, but with important warnings covered, it can be close to impossible. Learn more about Ease of Use Ratings below.
Remember that a car seat is only beneficial if
- It fits the child.
- It is properly secured into the car.
- It is in working order.
Selecting a Car Seat Appropriate for Your Child’s Size
Rear-Facing Seats: These are appropriate for infants. Use a rear-facing seat from birth until your child is at least one year old. However, you should still use a rear-facing seat as long as your child weighs less than 20 pounds. This is the safest type of car seat–as long as your child fits in it properly.
Forward-Facing Toddler Seats: This type of seat protects children who are at least twenty pounds. It should always be placed in the back seat of your vehicle and can be used until your child weighs 40 pounds (generally around the age of four).
Booster Seats: These larger car seats are used in the rear seats of the vehicle for children over 40 pounds. You should use a booster seat until your child is either eight years old or 4’9″ tall.
Back Seat with Safety Belt: Once your child is eight years old or 4’9″ tall, he or she can sit in a regular seat with a regular safety belt. However, all children under the age of twelve should ride in the back seat.
Avoid Dangerous and Defective Toys During the Holiday Season
Whether you celebrate Christmas, Chanukah, Kwanzaa or Boxing Day, December is likely to bring many new toys and gifts into your home. As a parent, it is important that you not only know how to shop for safe toys yourself, but also how to identify potentially dangerous and defective toys received as holiday gifts from others. You should also double check for defective products currently around the house.
The holidays are meant to be a time of joy and wonder for your little ones–not a time for pain and recovery. However, in 2007 there were 18 toy-related wrongful deaths and over 170,000 emergency-room personal injuries due to toy product liability.
One of the best things you can do as a parent, in addition to keeping a close watch on how your children play with new toys, is to sign up for the U.S. Consumer Product Safety Commission’s email alerts at www.CPSC.gov.
The following list includes the most common safety hazards related to children’s products:
Lead Poisoning
Babies tend to put things in their mouths–it’s a fact we have to deal with. A surprisingly high percentage of recalls result when lead levels in paint or other parts of a product are higher than the federal lead paint standard. When lead is ingested–at any age–it can cause adverse health effects, but for children the risks are even greater. Due to their smaller body sizes and developmental stages, children are more susceptible to neurological damages. In extreme cases, lead poisoning can cause kidney failure, convulsions, coma, or even death.
If you visit www.CPSC.gov, you’ll find a long list of recalls for toys that contain high levels of lead. One of the largest November recalls is from the trendy jewelry and accessory store Claire’s Boutiques Inc., which is especially popular with the pre-teen crowd. The store voluntarily recalled about 67,000 Best Friends Yin Yang Necklace Sets due to their high levels of lead. Additionally, the Disney Store recalled 8,000 Tinker Bell Wands, which were found to violate the federal lead paint standard.
CALAXO Screw Recall–Defective Surgical Screws Recalled by Manufacturer, Smith & Nephew
The CALAXO surgical screw has been recalled because it has been identified as a dangerous medical device. The device, which has been used in surgical repairs of the anterior cruciate ligament (ACL) during knee surgery, has been determined to be a defective product because of the unacceptably high rate of post-surgery complications. The defective product has been approved for use in the United States since 2006,has been recalled by the United States distributor, Smith & Nephew, Inc., Endoscopy Division of Andover, MA. The US recall was issued urgently on August 21, 2007. The screw was also ordered recalled in the United Kingdom.
If you had surgery which involved the CALAXO surgical screw, you should
contact the CALAXO screw recall lawyers at Breakstone, White & Gluck to determine your rights and options on this defective product. Time is of the essence in product liability cases.
More Details on the Defective Product: The CALAXO Bioabsorbable Interference Screw is used to secure the anterior cruciate ligament graft during surgical repair of the knee ligament. The screw is designed to be absorbed by the body within a year following the procedure and also to promote bone
growth. In some patients, the CALAXO screw caused tissue swelling in the tibia, where the screw has been placed. Symptoms may include swelling, redness, fever, and severe pain.