Articles Posted in Products Liability

Kidde Smoke Alarm Recall 2018

Kidde recalled nearly a half million smoke alarms which may have a dangerous yellow cap left inside. (Recall date: March 21, 2018; Photo: CPSC website)

Please check your smoke alarms when you get home. Kidde has recalled nearly half a million smoke alarms, urging consumers to check devices for yellow caps potentially left on during the manufacturing process. According to the company’s recall notice, the cap would be on one of two sensors inside the smoke detector, compromising the device. Consumers have to do this inspection carefully. You will be looking for the yellow cap through the opening on the side of the device, as shown in the photo. Be careful not to open the smoke alarm or take it apart.

Because Kidde is one of the largest manufacturers, every consumer should check their smoke alarm.  If you have a Kidde device, you will need to take it off the wall or ceiling to check the date code on the back. The recalled smoke alarms were dated September 10, 2016 through October 13, 2017. They were sold through January 2018 at Home Depot, Walmart and other retailers. They were manufactured in China, by Fyrnetics Limited, of Hong Kong.

Attorney David W. White of Boston

Attorney David W. White specializes in personal injury and product liability cases at Breakstone, White & Gluck of Boston.

Ford drivers are gripping the steering wheel anxiously after the automaker’s stunning safety recall this week. 1.4 million Ford vehicles have been recalled because the bolts on the steering wheels can become loose. Ford will repair the vehicles, but not until the end of April at least.

“This recall is very upsetting,” said Attorney David W. White of Breakstone, White & Gluck. “Nothing is more basic to a car than a steering wheel. Automakers have a responsibility to fully test vehicles and all equipment before bringing them to market. They continue to fail drivers.”

This recall affects 2014-2018 models of the Ford Fusion and the Lincoln MKZ. According to Consumer Reports, Ford’s customer-service phone number is 866-436-7332 and Lincoln’s customer service phone number is 800-521-4140.

Ford has said it will replace the steering wheel bolt and install a larger nylon patch to maintain pressure. A company spokeswoman said consumers will be notified by mail the week of April 30th.

In announcing the recall, Ford said it was aware of two car accidents related to the defective steering wheels, one involving injury. This is not the full story though. After reviewing federal records, USA Today reported the National Highway Traffic Safety Administration has received more than 45 reports of the steering wheels becoming loose or falling off, some resulting in car crashes.

One driver said the steering wheel on his 2014 Ford Fusion became unstable and he drifted into a manhole, destroying his vehicle. Others said they had the frightening experience of having steering wheels come loose as they drove down the highway. One driver said all he did was bump the steering wheel with his knee and it came off.

Once a manufacturer determines there is a safety defect, it has 5 days to notify the NHTSA. Automakers are then responsible for recalling defective motor vehicles or equipment.

Americans may associate Toyota, General Motors and Takata with most auto recalls. Yet Ford has made its own headlines for safety defects. Last year, it recalled 1.3 million F-150 Super Duty pick-up trucks with faulty door latches last year. Consumers reported the doors were swinging open while the vehicles were in operation. It also issued smaller recalls fixing more door latches and to stop cars from overheating. The company had received 29 reports of engines overheating and catching fire in some vehicles with 1.6-liter GTDI engines.

At Breakstone, White & Gluck, our Boston personal injury lawyers have investigated serious car and truck crashes caused in part by defective parts. We have over 100 years combined experience representing individuals injured by car crashes, truck accidents and other traffic collisions in Boston and throughout Massachusetts. Many of our car accident and other personal injury cases involve product liability claims and investigation into dangerous and defective products.

Highlighted Cases
$3 Million Settlement in Tractor-Trailer Crash
Breakstone, White & Gluck negotiated a $3 million settlement for our client, who was hit by a tractor-trailer truck owned and operated by a beverage distributor. Read more about the case and the investigation of the truck.
$1.15 Million Settlement in Defective Fitness Equipment Injury
Breakstone, White & Gluck negotiated a $1.15 million settlement for our client who was seriously injured while using defective fitness equipment at a local gym. The trainer who was supervising our client was also negligent in a number of ways. Read more.

Contact Breakstone, White & Gluck
If you have been injured, learn your rights. For a free legal consultation, contact our Boston personal injury lawyers at 800-379-1244 or 617-723-7676 or use our contact form.

20141027_airbagThe National Highway Traffic Safety Administration (NHTSA) has expanded the Takata airbag recall by 3.3 million vehicles. The question now is how many more recalls are ahead?

So many drivers have been impacted. To date, 34 million vehicles have been recalled, according to the NHTSA website. USA Today reports the airbags are now responsible for at least 20 deaths, while injuring 180 others. Millions of other drivers have had to wait out a slow replacement process.

The U.S. Department of Justice fined Takata $1 billion early last year. Because there are so many defective airbags, the NHTSA plans to issue phased recalls through December 31, 2019. Older vehicles and those in hot and humid states have received the highest priority. The schedule is designed to repair vehicles before the chemical in the inflator starts to break down.

Fidget spinner missing a piece in boy's hands

Fidget spinners have been one of the most popular gifts of 2017, but the small pieces can fall out and cause a child to choke.

By now, the children in your life have probably sent you their holiday toy wish lists. But just as important is the holiday “don’t buy” list.

W.A.T.C.H. released nominees for its “10 Worst Toys of 2017” list in mid-November, leading with Hallmark’s “Ittys Bitty” Baby Stacking Toy. This toy was recalled by the Consumer Product Safety Commission (CPSC) in August. The fabric hats and bows on the Disney characters can detach and cause a young child to choke. This toy also has no safety warnings or age recommendations.

Toy 2: Tolo’s Tug Along Pony. This toy is marketed for children 12 months and older. It has a 19-inch cord, which is permitted for pull-along toys. But W.A.T.C.H. says this toy poses a strangulation hazard and does not carry any safety warnings.

Toy 3: The Wonder Woman Battle-Action Sword. This toy is recommended for children age 6 and up. Before you buy, note that the sword is large and sharp enough to cause facial or impact injuries. The packaging also gets a failing grade. It encourages children to “fight alongside men in a war to end all wars.”

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hoverboardWe saw the worst that can happen last week in Harrisburg, PA when a hoverboard caught on fire in a family’s home, claiming the life of a three-year-old child.

The hoverboard reportedly ignited while charging, destroying the home. The three-year-old girl died at a local hospital and two other girls were left in critical condition. The girl’s father and a teenage boy were treated for smoke inhalation.

This tragedy was compounded by another death; a local firefighter was reportedly killed in a motor vehicle accident while driving to the fire, the victim of an alleged drunk driver who now faces charges.

Britax stroller which was recalled in February 2017As Spring approaches, parents will be reaching for outdoor toys and children’s equipment. Baby strollers are one of the first products to come out.

Before you use a stroller, check for loose or worn parts. Then find out if the stroller has been subject to a product recall or caused injury. You can check online now on the Consumer Product Safety Commission website.

Baby Stroller Recalls. We started with baby strollers because there have been several baby strollers recalled in the past year, including Britax, Aria Child and Phil & Teds strollers. Britax has actually issued two sets of recalls over the past 15 months, one for 60,000 strollers in January 2016 and another for more than 700,000 strollers in February 2017.

toy-shopping

Many of us will shop for a child this holiday season. Do your homework first, so you purchase gifts which are both safe and fun to use.

Each year, children and young adults are seriously injured or killed while playing with dangerous and defective toys. We should be able to trust that the toys we purchase from reputable stores are safe, but that is not always the case. In 2015, there were an estimated 185,500 toy-related, emergency department-treated injuries and 11 deaths to children younger than 15 years old, according to the Consumer Product Safety Commission (CPSC). Riding toys, specifically non-motorized scooters, were associated with the most toy-related injuries.

Before you shop, here are a few tips:

Check out the CPSC recall page. Check the recall page before you shop. You can search for a specific toy, by manufacturer or in several different useful ways.

Read labels. Look for labels with age recommendations and follow them. If you shop online, double check the age recommendation and other labels once you receive the product box. What you see on the computer screen may not be what you actually receive.

Read the Top 10 Worst Toys 0f 2016 list. Take time to read this list and make sure not to buy any toy mentioned on it. Another toy to note: the Tonka 12V Ride-On Dump Truck. It has not been recalled, but Toys R Us has pulled it off shelves after one of the toys caught fire in Bellingham, Washington over the weekend.

No small pieces. Do not buy toys with small pieces for small children under three years old. Consider every part, even things such as small plastic eyes and noses on stuffed animals and dolls which could become loose.

Plastic film. If you purchase toys with mirrors or similar surfaces, remove the protective plastic film before giving the gift to a child. It is a choking hazard.

Avoid magnets. Do not purchase toys or adult gifts with small magnets. If a small child swallows two or more magnets, they attract in the stomach. Surgery may be required to remove the magnets and the child may suffer very serious complications. Thousands of children have these suffered these injuries and required surgeries. At least one child died in recent years, according to news stories.

The CPSC and companies have recalled many of the popular magnet toy sets in recent years, such as Buckyballs toys, and strengthened federal standards. But some are still sold. Steer clear of any product with small magnets. Once they are brought into a house, small pieces can fall under furniture or other areas and stay there for years until they are discovered by a child. They are hard to thoroughly clean up.

Electrical toys. Children should use toys with electrical components under adult supervision and follow age recommendations. Before you buy an electrical toy, check with a child’s parents to see if it is appropriate.

Cords and strings. Do not buy toys with long strings for infants and young children. A child can wrap a long string around his or her own neck and strangle themselves.

Batteries. Do not purchase toys which operate with small circle button batteries.

Balloons. Children can suffocate from balloons and the CPSC advises against letting children younger than 8 play with balloons. One risk is a child can swallow a balloon or suck it in while blowing it up. After the balloon pops, a child can also choke on the broken pieces.
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hoverboard.jpgDespite fires and hard falls, the hoverboard was one of the year’s most popular gifts.
Reports of hoverboard fires began before the holidays. Amazon even told consumers to return some models in mid-December and notified sellers that they must provide documentation showing hoverboards are compliant with safety standards. The Consumer Product Safety Commission (CPSC) opened an investigation on Dec. 16th, after reports of 10 hoverboard-related fires in Washington, California, New York and other states. The fires often happen during charging.

The CPSC has also received dozens of reports of hoverboard-related falls from hospital ERs, including concussions, fractures and internal organ injuries. Christmas Day brought more injuries, revealed as photos and videos were posted to social media.

Congressman Carlos Curbelo of Florida fell when he tried out his daughter’s hoverboard. He tweeted a photo of himself wearing a sling:

“Confirmed – #hoverboard is for kids. My daughter got it. I ended up in @BaptistHealthSF #ER. #hoverboardChristmas.”

We do not think this product is safe for any age. But we agree with his colleague, Congresswoman Illeana Ros-Lehtinen of Florida, who tweeted back: “Ouch. At least it didn’t catch on fire!”


News Headlines
One headline from the Washington Post: “Thanks for ruining Christmas, hoverboards.” Below is a video from the report.

Our Thoughts

This is a dangerous product and safety concerns need to be addressed. If you received one, consider returning it. If you keep it, follow instructions for charging it. Do not charge it overnight or while you are outside the home. Also, remember most airlines have banned hoverboards due to the fire risk.

If you do ride, always wear a proper helmet and padding while using this product. Ask what the local traffic laws are before use.


Drones
Many people also received drones as holiday gifts. The Federal Aviation Administration (FAA) predicted more than 1 million drones would be gifts on Christmas Day.

drone-186.jpgOn Christmas Day, photos and videos of drones crashing on the ground, into the neighbor’s roof and even into other family members filled social media. Read this Washington Post report, “Wear a Helmet: All those Christmas Drones are Falling Out of the Sky.”

The FAA has set up a website to register drones. Anyone with an aircraft weighing from a half-pound to 55 pounds must register with the FAA. Drone owners who are 13 and older must register on the FAA website. Parents with younger children are expected to register on their behalf.

Drone Owners Must Take Care
There are serious concerns about drones interfering with airplane traffic, but there are also very real concerns about general transportation safety. Drone owners must take care to be sure that they do not interfere with traffic, bicyclists or pedestrians. Be considerate and be aware of local laws and ordinances related to drone use.
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Each year, the 10 Worst Toys list is released to help holiday shoppers steer clear of unsafe toys. This year, the authors warn shoppers about everything from trampolines, popular movie toys and playsets which have small choking hazards.

The annual list is compiled by W.A.T.C.H. This year’s list includes:

Skipit’s Wheely Cute Pull Along
Every child loves a cute puppy, but this toy has hub caps which come off the wheels and pose choking hazards for young children. This product is marketed to children six months and older and is made by Bunnies By The Bay. Certain lots of this product were actually recalled on June 16, 2015. However, W.A.T.C.H. reported a similar toy was purchased online after the recall, so this risk may still be on the market.

Foam Dart Gun
This gun is manufactured by G.D. Jiefeng Toys and is marketed to children ages 3 and up. It is sold on Amazon.com and Ebay. W.A.T.C.H. says, “In today’s world, there is no excuse for outfitting children with realistic toy weapons designed to produce potentially dangerous and unnecessary thrills. Existing regulations addressing the hazards associated with such ‘toys’ are inadequate.”

Stats 38″ Quick Folding Trampoline
Toys R Us manufactures and sells this trampoline, which is marketed to age 6 and older. Trampolines are associated with spinal cord injuries and this one even has a warning stating, “Landing on the head or neck can cause serious injury, paralysis, or death, even when landing in the middle of the bed.”

Splat X Smack Shot
This $10 toy looks fun, but it actually poses the potential for serious eye injuries to the child using the toy and others around him. The toy, which is made by Imperial Toy LLC, comes with ammunition with can fire up to 100 feet away. It is sold at Walmart, Amazon.com and Kmart.

Poo-Dough
This $4.99 toy was included in W.A.T.C.H.’s list because it only has an allergy notice on part of the packaging.

Kick Flipper
This is basically a plastic board marketed as a “skateboard without wheels.” The packaging shows pictures of children using the Kick Flipper as they would a skateboard, but they are not wearing helmets or safety gear.

Leonardo’s Electronic Stealth Sword
This toy can cause facial and other impact injuries. It is manufactured by Playmates international Company Ltd and marketed to children ages 4 and up. It is sold by Toys R Us, Amazon and Ebay.

Kid Connection Doctor Play Set
This $5 play set is sold at Wal-Mart, Amazon.com and Ebay. It is recommended for children ages 2 and up, but includes a small “tongue depressor,” which is 4 ¾ inches in length and could cause a choking hazard.

Pull Along Zebra
This toy poses a strangulation risk. It has a 21-inch cord and is marketed for children 12 to 36 months old. The toy is made by Early Learning Centre and sold at Amazon.com, Kmart, Brookstone and Village Toy Shop. It carries this warning: “Remember babies and young children have no idea what is dangerous or potential harmful, so supervision is important…”

Jurassic Word Velociraptor Claws
This $19.99 toy is marketed to 4-year-olds who want to “claw like a raptor!” The packaging warns there is a choking hazard and small parts will be generated. There are no warnings about potential facial or eye injuries. The claws were manufactured by Hasbro and are sold by Target, Amazon.com, Toys R Us, Walmart and Kohl’s.

Read more on the 10 Worst Toys of 2015 List.

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Nearly one million Trek bikes have been recalled after a cyclist was left paralyzed by an accident caused by a defective front disc brake.

About 900,000 bicycles in the U.S. and 98,000 bicycles in Canada were recalled recently by Trek Bicycle Corporation of Waterloo, Wisconsin. The recall involves bicycles sold nationwide from September 1999 through April 2015 for between $480 and $1,650.

Bicycles involved in the recall have a quick release lever on the bicycle’s front wheel hub that can come into contact with the front disc brake assembly, causing the front wheel to come to a sudden stop or separate from the bicycle, posing a risk of serious injury to the rider. Defective bicycles have a front quick release lever that expands beyond 180 degrees.

Trek issued the recall after reports of three injuries, including one person who suffered quadriplegia. A second person suffered facial injuries and another suffered a fractured wrist.

Consumers should stop using these Trek bicycles immediately. Call an authorized Trek retailer for a free inspection and installation of a new quick release on the front wheel of your bike. Trek is trying to encourage cyclists to seek the repair by offering a $20 coupon toward Bontrager merchandise.

Trek has not released a list of specific bicycle model numbers. Cyclists need to check their own bicycles and see if they are impacted by this recall. Some bicycles involved in this recall were purchased many years ago and owners may not have the original paperwork. Or you may have purchased one of these bicycles secondhand.

Do your due diligence and seek out a Massachusetts bicycle shop which sells Trek bicycles. Ask for a free inspection and have them make the free repair if needed.

Find a Trek bike dealer.
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