Product Liability

Published on: December 25, 2013

Child Injuries and Deaths Blamed on Defective Swing-Door Elevators

Michael and Brandi Helvey thought they added the perfect finishing touch to their Georgia dream home when they installed an elevator to accommodate Michael’s mother, who was living with the couple. The elevator, a National Wheel-O-Vator Destiny, cost $20,000, but it soon seemed to be an expense well worth it. However, the family’s positive feelings about the elevator abruptly changed on Christmas Eve 2010.

Brandi Helvey went upstairs to do laundry and her then three-year-old son, Jacob, attempted to follow. Jacob stood on his tiptoes and was able to open the elevator’s outer door. The outer door, also known as the swing door, proceeded to close and latch, which trapped Jacob against the inner door. When Brandi heard noises coming from downstairs, she pressed the elevator button, which caused Jacob to be dragged upwards. Jacob was then pushed back down and feet-first into the shaft. He was caught at the neck and chest. He hung in that position for ten minutes, while his mother and neighbors tried to free him. Jacob had nearly suffocated to death when first responders arrived at the home.

Jacob is now six years old and is extremely brain damaged, quadriplegic, and unable to talk. Michael and Brandi recently learned that Jacob’s injuries were not the result of a freak accident, but rather were likely linked to a swing-door elevator issue that created horrific tragedies for others as well. The elevator industry has allegedly been aware of this issue for many years, yet the fatal threat to young children continues to exist. Based on a look at news reports, since 1995 at least seven children have died in incidents involving swing-door elevators. A lawsuit brought against the Otis Elevator Company based on a young boy’s death in 2001 revealed that thirty-four children had suffered serious, life-changing injuries or had been killed between 1983 and 1993. What’s more alarming–these statistics only cover New Jersey and southern New York State.

‘Swing-door’ elevators blamed for child injuries, www.miamiherald.com December 18, 2013

Published on: November 19, 2013

NHTSA Announces Investigation after Tesla Fires

by Friedland | Carmona

The National Highway Traffic Safety Administration announced early today that it would investigate Tesla’s Model S electric car to determine whether it is particularly vulnerable to fire because roadway debris can come into contact with and slice the car’s underbody and battery. This announcement comes on the heels of two reported fires–one in Seattle and one in Tennessee–that occurred after the drivers struck objects in the roadway. In both of those cases, the objects penetrated the bottom of the car, created a hole in the battery, and sparked fires. Both drivers were alerted by their vehicles that there was a problem and both were able to safely escape.

The investigation will have an impact on more than 13,000 Tesla 2013 model cars sold in the U.S. Tesla has sold around 19,000 of its cars worldwide. The batteries in the cars are located underneath the passenger compartment and are protected by a metal shield. If the batteries sustain damage, that can lead to sparking and starting of a fire. The NHTSA investigation could ultimately lead to a recall, but that decision will take months to make.

The Model S sits only six inches off the ground, but there are cars with lower clearances, including the Mercedes CLA Class at 3.9 inches and Dodge Charger at 5 inches. According to Tesla’s website, the Model S automatically lowers itself another inch while driving at highway speeds. A software change was made to allow for more ground clearance when traveling at these higher speeds. The cars are set to get another software change in January in which the driver will gain increased control over the air suspension ride height. Tesla also added fire damage to its warranty coverage.

US safety agency opens probe into Tesla fires, www.miamiherald.com November 12, 2013

Published on: October 26, 2013

Oklahoma Jury Finds Toyota Liable in Sudden Acceleration Case, $3 Million Awarded, Punitive Damages Possible

by Friedland | Carmona

An Oklahoma jury decided Thursday that Toyota Motor Corp. is liable for a 2007 crash caused by sudden acceleration. The crash left one woman dead and another individual seriously injured. The jury awarded the driver of the car who was injured in the accident, Jean Bookout, $1.5 million in damages. The jury awarded the family of Barbara Schwarz, the seventy-year-old woman who died in the crash, $1.5 million as well. The jury also released its decision that Toyota acted with “reckless disregard” for the rights of others. This decision set up the second phase of the trial dealing with punitive damages that is scheduled to begin today. District Judge Patricia Parrish ordered attorneys for both the plaintiff and defendant not to discuss the case publicly until after the punitive phase of the trial concludes.

Six years ago, eighty-two-year-old Bookout was driving a 2005 Camry when it sped through an intersection near Eufaula, Oklahoma, and crashed into an embankment. According to the attorneys for Bookout and Schwarz’s family there was a defect in the car’s electronic throttle-control system that caused the car to accelerate unexpectedly. Bookout’s attorney contends that Toyota was well-aware of the problem, but refused to inform the public. Attorney Cole Portis stated to jurors, “We believe Toyota’s conduct from the time the electronic throttle-control system was developed has been shameful.”

Toyota argued the crash occurred because of driver error. Attorney Randolph Bibb Jr. stated, “Sometimes people make mistakes while driving their cars.” Bibb presented the theory that Bookout mistakenly hit the gas pedal instead of the brake, and by the time she realized what she had done, it was too late to avoid the tragic accident. In 2012, Toyota settled for more than $1 billion to end hundreds of lawsuits claiming economic losses due to sudden acceleration. That settlement did not dispose of wrongful death and injury cases and hundreds more of those cases still remain. As these cases have developed, Toyota has blamed sudden acceleration crashes on driver error, stuck accelerators, or floor mats that trapped the gas pedal. Toyota continues to deny allegations that the electronic throttle-control system was defective and the cause of hundreds of accidents. Neither the National Transportation Safety Administration nor NASA have found evidence of electronic defects.

Okla. jury: Toyota liable in acceleration crash, www.palmbeachpost.com October 24, 2013

Published on: October 25, 2013

Self-Driving Cars Shown to Save Lives and Money

by Friedland | Carmona

Many are now arguing that computer-operated, self-driving cars are the way to go. These cars of the near future cannot drink and drive, do drugs, fall asleep, get distracted, tailgate, or run red lights. Further, research shows the reaction times for these vehicles are quicker than a human driver. A new study actually reveals that self-driving vehicles have the potential to radically transform driving by significantly reducing congestion on roadways, eliminating many traffic fatalities, and providing billions of dollars in economic benefits.

However, there are significant hurdles that must be overcome to make self-driving cars the norm, most important of which is cost. The study showed that added software, sensors, engineering, power, and computing requirements currently cost over $100,000 for each vehicle, which is obviously unaffordable for most drivers. The study concluded that large-scale production “promises greater affordability over time.” There are also questions about the effect of the cars, namely how the public will receive the cars, how liability will work in the event of an accident, and how automakers will prevent the cars from being hacked. Despite the questions that remain, the Eno Center for Transportation, the organization responsible for the study, said there are many advantages to the self-driving cars. It stated that if only ten percent of vehicles on the road were self-driving, traffic deaths could decrease by 1,000 per year and produce approximately $38 billion in economic and other savings. If ninety percent of cars and trucks on the road were self-driving, up to 21,700 lives per year could be spared and economic and other benefits could be as much as $447 billion.

Joshua Schank, ENO’s president and CEO, stated, “There will be many steps before we get to that, but it does feel like there is a whole new world that completely changes everything in terms of our perspective on driving that could emerge eventually.” Society could be completely transformed by the ability for former drivers to safely watch movies, call friends, read books, eat, or do work on their laptops while the car does all the driving. The self-driving cars may also help the elderly and disabled by providing mobility in that the cars may be programmed to pick up the individual, drive them to their destination, and then the car could park itself. If a high number of the self-driving cars are out on the roadway, they have the ability to start “platooning”–driving closely together, yet keeping a safe distance between each other without burning through fuel, wasting time, or getting stuck in traffic congestion.

Leaving the driving to a computer has big benefits, www.palmbeachpost.com October 22, 2013

Published on: October 4, 2013

Tesla Car Battery Catches Fire and Engulfs Front End of Car

by Friedland | Carmona

Officials said that the fire that destroyed a Tesla electric car near Seattle on Tuesday began in the vehicle’s battery pack. This type of fire created challenges for firefighters who tried to extinguish the flames. Tesla spokeswoman Liz Jarvis-Shean stated that the fire occurred when a large metallic object hit one of the battery pack’s modules in the Model S car. No one was injured and the fire was contained to a small part of the front of the vehicle. Tesla has touted that this vehicle is the safest in America. Shares of Tesla Motors Inc. fell more than six percent Wednesday after the flames coming from this vehicle could be seen on an Internet video.

The Tesla Model S battery is a liquid-cooled 85 kilowatt-hour battery and is mounted below the passenger compartment floor. It operates by using lithium-ion chemistry, similar to what is used in laptop computer and mobile phone batteries. Companies and investors have been particularly concerned about the batteries’ fire risks, especially given the issues in Chevrolet Volt plug-in hybrid cars and Boeing’s new 787 planes in recent years.

According to an incident report, firefighters appeared to have Tuesday’s fire under control, when the flames reignited. The crews began to use a dry chemical extinguisher when they discovered that water seemed to intensify the fire. Responders had to dismantle the front end of the car, puncture holes in the battery pack, and use a circular saw to cut an access hole to apply water to the battery. This was when they were finally able to extinguish the fire. The driver of the Tesla believed the incident happened as a result of him striking some metal debris on State Route 167 in a suburb of Seattle. He exited the highway after he struck the debris and this is when he smelt something burning and the car caught fire. Within three minutes of the first call, firefighters were on scene.

Tesla says car fire began in battery after crash, www.palmbeachpost.com October 3, 2013

Published on: September 26, 2013

BMW Recalls over 134,000 Cars for Rear Light Defect

by Friedland | Carmona

A rear light defect has lead BMW to recall more than 134,000 of its 5-Series cars in the United States. The recall was posted Friday on the National Highway Traffic Safety Administration website. It affects the following cars from the 2008 to 2010 model years: 528i, 535i, 550i, and M5. According to the U.S. safety agency, connections to the lights can be damaged by increased electrical resistance. This could in turn cause tail, brake, turn-signal, or backup lights to fail. The failure of these lights could lead to a greater risk of accidents. BMW stated that it currently has no reports of accidents or injuries caused by the light defect.

BMW filed documents with the NHTSA that stated that the affected cars, which were manufactured from March 1, 2007 to December 31, 2009, will provide drivers with both visual and audible warnings if the light fails, and unaffected rear lights will come on to warn drivers located behind affected cars. BMW does not believe that the defect poses an unreasonable safety hazard, but it chose to implement the recall due to a recall for a similar problem in 2011. BMW recalled 241,000 of its 3-Series cars, model years 2002 through 2005, to fix rear light connections in August 2011. Owners affected by this latest recall will begin receiving notifications next month. Customers will be able to go to BMW dealers to replace part of the rear lamp connections for free.

BMW recalls more than 134,000 5-Series cars, www.miamiherald.com September 20, 2013

Published on: September 19, 2013

Suzuki Recall for Defective Passenger Air Bags

by Friedland | Carmona

Suzuki has issued a recall of 193,936 of its SUVs and cars due to a defective air bag sensor located in the front passenger seat. The SUVs subject to the recall are the Grand Vitaras model years 2006 through 2011. The cars subject to the recall are the SX4s model years 2007 through 2011.

Sensor mats in the front passenger seat measure the passenger’s weight and determine if the air bag must deploy to protect that passenger. It is important to determine who can sit in the front passenger’s seat because the power of the air bag can seriously injure children and small adults. According to Suzuki, if the mats are repeatedly flexed, they can stop working. If the mats stop working, the air bag will automatically deploy, even if a small passenger is in the seat. No accidents or injuries related to this problem have been reported to the Japanese automaker at this time. The company will start notify owners of effected vehicles next month. Dealers will provide replacement mats for free.

Suzuki recalls 193,936 vehicles for air bag defect, www.miamiherald.com September 14, 2013

Published on: September 11, 2013

Ford Electric Vehicles under Investigation by Federal Government

by Friedland | Carmona

The electric version of the Ford Focus is facing federal government scrutiny in the wake of allegations that the vehicle can stall without warning. The National Highway Traffic Safety Administration announced Tuesday that it received twelve complaints from Focus Electric drivers. The model years complained of are 2012 and 2013. The complaints prompted the NHTSA to investigate.

None of the incidents contained within the complaints have resulted in accidents or injuries. Six of the twelve complaining drivers stated that their vehicles turned off when they were driving at least 30 mph. According to the NHTSA, all of the incidents that have been reported have occurred within the past five months. The Ford Electrics went on sale in the end of 2011. Since then, Ford has sold almost 2,000 of the small cars. Kelli Felker, a spokeswoman for Ford Motor Co., stated that the automaker is cooperating with the NHTSA in the investigation. NHTSA investigations often result in the recall of automobiles.

Government investigating electric Ford Focus, www.miamiherald.com September 10, 2013

Published on: August 10, 2013

Half of Tested Small Cars Perform Well in Front-End Crash Tests

by Friedland | Carmona

Only two cars received the top rating in tough front-end crash tests performed by the Insurance Institute for Highway Safety. The redesigned two-door and four-door Civics earned “good” ratings, while six of the twelve tested compact and subcompact cars performed poorly. The Ford Focus, Dodge Dart, Hyundai Elantra, and the 2014 Scion tC received “acceptable” ratings. These six cars all earned the IIHS’ coveted “Top Safety Pick Plus” award. The Chevrolet Sonic and Cruze, along with the Volkswagen Beetle received “marginal” ratings. The Kia Soul, 2014 Kia Forte, and Nissan Sentra were each rated “poor.” The IIHS did not test the Toyota Corolla because the company is releasing a new version of the car in the fall. With many buyers now downsizing from large SUVs to small compact cars, safety is critical in this quickly growing industry.

The IIHS put these cars through its “small overlap” test of crashes that cover approximately twenty-five percent of an automobile’s front end. The IIHS tests are tougher than the federal government’s full-width front crash test. According to the institute, in many vehicles, a crash involving one-quarter of the front end misses the main structures designed to absorb the impact. Yet these crashes account for nearly a quarter of all front-end collisions that cause serious or fatal injuries to drivers and passengers in the front seats. The institute conducts the “small overlap” test by crashing vehicles into a fixed 5-foot-tall barrier at 40 mph to simulate crashes into a utility pole or tree. The IIHS gives bad marks to vehicles whose structure intrudes into the passenger compartment, or if a crash dummy suffers injuries to its body.

The IIHS ratings are so influential because many buyers use them while researching vehicles. The small car market is booming in the U.S. Auto manufacturers have made the cars quieter and more refined as Americans who want better gas mileage turn to compact and subcompact cars. According to Autodata Corp., Americans have bought over 1.8 million new small cars so far this year, which is a twelve percent increase from last year. As a whole, small cars performed worse than midsize cars in the tests, but performed better than small SUVs.

Six of 12 small cars do well in front crash tests, www.palmbeachpost.com August 8, 2013

Published on: August 8, 2013

Ford Settles Delayed Recall Dispute by Paying Top Fine

by Friedland | Carmona

A major American automobile manufacturer has paid $17.35 million, the top penalty possible, to settle government allegations that the company acted too slowly in recalling almost a half-million SUVs last year. Ford recalled nearly 485,000 Escape SUVs built between 2001 and 2004 in July 2012. The SUVs are equipped with 3-Liter V-6 engines and were recalled due to gas pedals sticking that could cause serious injury or even deadly crashes. The fine, which was announced last week, is the maximum fine that safety regulators can impose against an automaker.

According to the National Highway Traffic Safety Administration, Ford knew about the sticking gas pedal problem in May 2011, but refused to take action until July 2012, when the agency began to investigate the problem in the Escape SUVs. The investigation began after a teenage girl died in Arizona in an Escape crash in January 2012. According to a June 28 settlement agreement, NHTSA felt that Ford had violated the law by delaying the recalls, although Ford denied any wrongdoing. Joan Claybrook, NHTSA administrator under President Carter and a leading auto safety advocate, says that recall delays are a huge problem. If an automaker is able to delay a recall, fewer vehicles will likely be affected. Claybrook went on to state that “In the past, a lot of companies have delayed, delayed, delayed . . . [but] when it becomes a big public issue, they will act immediately.” Eventually Ford turned over information it had regarding the Escape SUV, and NHTSA found evidence showing that Ford knew about the sticking gas pedal issue more than a year earlier.

At the time of the recall, NHTSA had received sixty-eight complaints about the problem with the Escape SUV, including thirteen crashes, nine injuries, and the death of the Arizona girl. Ford agreed in June to pay the fine to avoid a drawn out dispute with the NHTSA. Older Escape SUVs were designed in a way that allowed cruise control cables to snag on the plastic cover atop the engine and in turn cause the gas pedal to stick. The problem occurs when the gas pedal is pushed to or near the floor and the cruise control cables are bent or somehow moved from their original position, which can occur when the SUVs are serviced, according to Ford. After the 2012 model year, the Ford Escape was redesigned. Toyota also recently paid the highest fine allowable in another delayed recall case.

Ford pays top fine to settle gov’t recall spat, www.palmbeachpost.com August 1, 2013