Enterprise-Rent-A-Car admitted negligence in the suit, but the company indicated that it "might not immediately carry out recalls it did not consider major safety problems," according to a recent story in the New York Times. Even though the National Highway Traffic Safety Administration cannot force rental-car companies to carry out recalls, a spokesman said “we expect the rental car companies to provide safe cars to their customers by submitting the recalled vehicles to the appropriate manufacturers for the appropriate safety repairs in a timely fashion.”
Unfortunately, putting profits above the safety of consumers seems to have become an acceptable part of the business plan for some corporations. Let's hope this trend reverses as enough people speak out about the dangers of overlooking or minimizing safety.
I blogged recently about legislation introduced to protect whistleblowers. The Financial Times (8/9, Eaglesham, Masters) reports that the Dodd-Frank financial reform bill includes new whistleblowing incentives that could mean multimillion dollar rewards for informants and could lead to an increase in allegations against US companies and banks. The purpose behind the bill is to encourage workers to come forward to stop companies from engaging in unethical, dangerous behavior that threatens consumer and patient safety, which, in teh end, also adversely impact our economy and communities.
I applaud the legislation, and I encourage workers to have the courage to come forward and speak out against corporate misdeeds.
My firm accepts whistleblower cases. We work to ensure that justice is obtained for the whistleblower and for all consumers.
Mr. Zambri is a board-certified civil trial attorney by the National Board of Trial Advocates and a Past-President of the Trial Lawyers Association of Metropolitan Washington, D.C. He has been rated by Washingtonian magazine as a "Big Gun" and among the "top 1%" of all lawyers in the Washington metropolitan area. The magazine also describes him as "one of Washington's best--most honest and effective lawyers" who specializes in personal injury matters, including whistleblower actions, automobile accident claims, premises liability, product liability, medical malpractice, and work-accident claims. Mr. Zambri has also been acknowledged as one of "The Best Lawyers in America" by Best Lawyers (2011 edition), and has been repeatedly named a "Super Lawyer" by Super Lawyer magazine (March/April 2010)--a national publication that honors the top lawyers in America.
If you have any questions about your legal rights, please email Mr. Zambri at szambri@reganfirm.com or call him at 202-822-1899.
I recently blogged about the Kellogg's cereal recall. Last week, CQ Today (8/4, Ferguson) reports "the House Energy and Commerce Committee is looking into the June recall of millions of boxes of Kellogg's Corn Pops, Honey Smacks, Froot Loops and Apple Jacks cereals after the company found that a substance in the package liner could produce a bad taste and smell." Committee Chairman Henry Waxman (D-CA) and Oversight and Investigations Subcommittee Chairman Bart Stupak (D-MI) "wrote on Aug. 2 to the company's chief executive, A.D. David Mackay," asking "about Kellogg's use of a packaging chemical that one study has linked to lung cancer in adults." They asked Kellogg "to document its investigation into the recall;" any "assessments of the potential health risks posed by the chemical, 2-methylnaphthalene;" and "the procedures it uses to ensure that products are not exposed to dangerous chemicals."
Let's hope Congress can get to the bottom of this issue so that it doesn't happen again.
Mr. Zambri is a board-certified civil trial attorney by the National Board of Trial Advocates and a Past-President of the Trial Lawyers Association of Metropolitan Washington, D.C. He has been rated by Washingtonian magazine as a "Big Gun" and among the "top 1%" of all lawyers in the Washington metropolitan area. The magazine also describes him as "one of Washington's best--most honest and effective lawyers" who specializes in personal injury matters, including automobile accident claims, premises liability, product liability, medical malpractice, and work-accident claims. Mr. Zambri has been named one of the "Best Lawyers in America" by Best Lawyers (2011 edition), as well as a "Super Lawyer" by Super Lawyer magazine (March/April 2010)-- national publications that honor the top lawyers in America.
If you have any questions about your legal rights, please email Mr. Zambri at szambri@reganfirm.com or call him at 202-822-1899.
According to a recent story in Trading Markets.com, "Appliance Recall Check is a new service that helps consumers identify recalled appliances in their homes. Most of the 195 million recalled appliances in American homes are not identified until there is a fire or other tragedy. Many other appliances with functionality recalls are replaced at the consumer's expense even though a manufacturer is responsible.
The first time a homeowner may be aware of an appliance recall is when a fire marshal tells them about the recall after a house fire. The story is not the 1.7 million dishwashers in the recent Maytag recall, but the more than 195 million other recalled appliances now in American homes.
The Consumer Product Safety Commission (http://www.cpsc.gov) website home page assures consumers that "You can find information on over 4,500 product recalls and recall alerts using the various searches on this page". That is true. The problem with the manufacturer and CPSC sites is that a consumer must wade through each of the individual recalls to find out if their dishwasher or other appliance is a potential hazard. This type of search is like searching the list of phone numbers in a phone book to find a specific name instead of looking up the name of the person.
There is a solution that allows consumers to search for recalls on each of their household appliances including heating, cooling, hot water, laundry and built in kitchen appliances in one, easy location. Think of this database as your "phone book" for recalls.
www.ApplianceRecallCheck.com allows for entering the brand, model and serial number of all of the household appliances in a residential home. Within two business days, the service will return a report containing information about recalls. If there is a defect, the report will include:
Nature of the Recall
Where the product was sold
How to remedy the defect
How to get the item repaired/replaced (usually free)
The report also includes the manufacturer's contact details, the business hours of the manufacturer and what to do if the manufacturer fails to respond to a claim.
Appliance Recall Check is a service providing database search of existing Consumer Product Safety Commission appliance recalls based upon model and serial numbers. This service allows a single entry of Make, Model and Serial numbers in list form as opposed to consumers searching multitudes of individual recalls for each category of individual appliances."
Don't wait until your home is destroyed by fire to learn of a recalled appliance. Take advantage of this new service to determine whether any of the appliances in your home or those you plan to purchase are included in a recall notice.
Bloomberg News (8/3, Ricadela, Voreacos) reports, "Hewlett-Packard Co., the world's largest maker of personal computers and printers, agreed in principle to settle a US probe of false billings, a deal that will trim earnings by 2 cents a share in the third quarter. The agreement would resolve a Justice Department investigation of whether the company overcharged taxpayers through a General Services Administration contract, HP said today in a statement. The accord also would settle claims in a False Claims Act lawsuit, first filed by a whistleblower and later joined by the US, that the company paid kickbacks."
False billings, overcharging taxpayers, paying kick-backs. These are bad things that companies should never do, not just because they are illegal, but because they are unethical. It took the courage of a "whistleblower"--an employee of the company--to come forward and put an end to the offensive conduct.
My firm accepts whistleblower cases. We work to ensure that justice is obtained for the whistleblower and for all consumers.
Mr. Zambri is a board-certified civil trial attorney by the National Board of Trial Advocates and a Past-President of the Trial Lawyers Association of Metropolitan Washington, D.C. He has been rated by Washingtonian magazine as a "Big Gun" and among the "top 1%" of all lawyers in the Washington metropolitan area. The magazine also describes him as "one of Washington's best--most honest and effective lawyers" who specializes in personal injury matters, including whistleblower actions, automobile accident claims, premises liability, product liability, medical malpractice, and work-accident claims. Mr. Zambri has also been named one of the "Best Lawyers in America" by Best Lawyers (2011 edition), as well as a "Super Lawyer" by Super Lawyer magazine (March/April 2010)--national publications that honor the top lawyers in America.
If you have any questions about your legal rights, please email Mr. Zambri at szambri@reganfirm.com or call him at 202-822-1899.
According to Consumer Reports, there is "[g]ood news for safety-conscious car-buyers: The National Highway Traffic Safety Administration (NHTSA) is about to launch an overhauled crash-test program that makes it tougher for any car to earn five stars in crash worthiness....
The new scores can’t be compared against results from previous years, since both the testing and scoring criteria will be different. Once the tests are completed, the new ratings will be posted on safercar.gov."
Mr. Zambri is a board-certified civil trial attorney by the National Board of Trial Advocates and a Past-President of the Trial Lawyers Association of Metropolitan Washington, D.C. He has been rated by Washingtonian magazine as a "Big Gun" and among the "top 1%" of all lawyers in the Washington metropolitan area. The magazine also describes him as "one of Washington's best--most honest and effective lawyers" who specializes in personal injury matters, including automobile accident claims, premises liability, product liability, medical malpractice, and work-accident claims. He has successfully litigated multiple cases against truck and bus companies, the Washington Metropolitan Area transit Authority, and other automobile owners. His law firm, in fact, has obtained the largest settlement ever in a personal injury case involving WMATA. Mr. Zambri has also been named a "Super Lawyer" by Super Lawyer magazine (March/April 2010)--a national publication that honors the top lawyers in America.
If you have any questions about your legal rights, please email Mr. Zambri at szambri@reganfirm.com or call him at 202-822-1899.
Kellogg's recalled 28 million boxes of kid-popular cereals, including Froot Loops, Apple Jacks, Corn Pops and Honey Smacks, this summer. The company blamed elevated levels of a chemical in the packaging. The big problem: no one knows how dangerous the chemical can be to human, especially children.
According to a report by the Washington Post, "Dozens of consumers reported a strange taste and odor, and some complained of nausea and diarrhea. But Kellogg said a team of experts it hired determined that there was 'no harmful material' in the products. How Kellogg's came to that conclusion is puzzling, though, since the federal agencies responsible for " ensuring the safety of food and consumer products, are in the dark about the suspected chemical, 2-methylnaphthalene. The Food and Drug Administration has no scientific data on its impact on human health. The Environmental Protection Agency also lacks basic health and safety data for 2-methylnaphthalene -- even though the EPA has been seeking that information from the chemical industry for 16 years." I'm not comfortable relying on the manufacturer, are you?
There is a larger problem beyond simply the potential health risks associated with the chemical found in Kellogg's products, namely the apparent gap in the government's knowledge about chemicals we find in the products that make there way to our tables everyday by consumers nationwide. As the Post article points out, "Under current laws, the government has little or no information about the health risks posed by most of the 80,000 chemicals on the U.S. market today." That's 80,000 chemicals!
There are bills pending in Congress that would reshape the manner in which the government regulates chemicals, forcing companies to prove that new chemicals are safe before using them and requiring health and safety assessments of existing chemicals, such as 2-methylnaphthalene--the chemical found in Kellogg's cereals. Although food manufacturers have complained that new laws might hamper innovation and competitiveness, it is clear that safety must trump their desire to maximize profits.
I encourage you to contact your local and federal legislators to urge them to pass laws that regulate our foods better to ensure the foods are safe before they are disseminated for consumption.
Mr. Zambri is a board-certified civil trial attorney by the National Board of Trial Advocates and a Past-President of the Trial Lawyers Association of Metropolitan Washington, D.C. He has been rated by Washingtonian magazine as a "Big Gun" and among the "top 1%" of all lawyers in the Washington metropolitan area. The magazine also describes him as "one of Washington's best--most honest and effective lawyers" who specializes in personal injury matters, including automobile accident claims, premises liability, product liability, medical malpractice, and work-accident claims. He has successfully litigated multiple cases against truck and bus companies, the Washington Metropolitan Area transit Authority, and other automobile owners. His law firm, in fact, has obtained the largest settlement ever in a personal injury case involving WMATA. Mr. Zambri has also been named a "Super Lawyer" by Super Lawyer magazine (March/April 2010)--a national publication that honors the top lawyers in America.
If you have any questions about your legal rights, please email Mr. Zambri at szambri@reganfirm.com or call him at 202-822-1899.
As we have posted several times in the past, drop side cribs are inherently dangerous, having caused numerous deaths and injuries. The popularity of these cribs is because they make it easier for caregivers to access the beds. The dangers come from poor design, poor assembly instructions and broken pieces, leading to unexpected side rail failure, making entrapment hazards, suffocation or strangulation. During the past five years, nine million of those cribs have been recalled. The Consumer Products Safety Commission (CPSC) warned parents in May, 2010 to stop using them. New York has joined the growing list of states to prohibit sales of drop side cribs.
Featured below is the complete warning from CPSC from May, 2010, reproduced in its entirety for our readers:
Democrats in Congress are fighting to push legislation to improve regulation and oversight of auto safety. This important legislation should pass into law.
The New York Times agrees. The Times (7/31) editorializes, "The United States has done a fairly good job so far of policing the safety of cars and trucks. The number of deaths in traffic accidents dropped to an estimated 34,000 last year - the least since the 1950s. But that is still too many deaths. ... The Motor Vehicle Safety Act requires all vehicles to have a brake override system to ensure that a vehicle can be stopped even if the throttle is open. Pedals must exceed a minimum clearance from the floor to avoid snagging car mats. Electronic control systems must meet minimum performance standards, to be set by the National Highway Traffic Safety Administration. And all vehicles must come fitted with recorders that log operational data and help determine the causes of accidents. But perhaps more important, the bill would broadly change the system of overseeing and enforcing safety rules."
By overseeing and enforcing safety rules, auto manufacturers will be forced to put safety over profits. With all that is being revealed surrounding the Toyota crisis, coupled with the many auto recalls we have learned of over the past few years, now is the time to create and enforce laws that protect consumers.
I encourage you to contact your local and federal representatives to urge them to support laws that promote auto safety.
Mr. Zambri is a board-certified civil trial attorney by the National Board of Trial Advocates and a Past-President of the Trial Lawyers Association of Metropolitan Washington, D.C. He has been rated by Washingtonian magazine as a "Big Gun" and among the "top 1%" of all lawyers in the Washington metropolitan area. The magazine also describes him as "one of Washington's best--most honest and effective lawyers" who specializes in personal injury matters, including automobile accident claims, premises liability, product liability, medical malpractice, and work-accident claims. He has successfully litigated multiple cases against truck and bus companies, the Washington Metropolitan Area transit Authority, and other automobile owners. His law firm, in fact, has obtained the largest settlement ever in a personal injury case involving WMATA. Mr. Zambri has also been named a "Super Lawyer" by Super Lawyer magazine (March/April 2010)--a national publication that honors the top lawyers in America.
If you have any questions about your legal rights, please email Mr. Zambri at szambri@reganfirm.com or call him at 202-822-1899.
The Lancaster plant is jointly owned by J&J and Merck.
About the author:
Catherine Bertram is board certified in civil trials and was recently nominated as a 2010 Super Lawyer for personal injury law in Washington, D.C. Ms. Bertram has 20 years of trial experience and is unique in that she was formerly the Director of Risk Management in Washington, D.C. Ms. Bertram is a member of the bar for the U.S. Supreme Court. She is a partner with the firm and lectures regularly to lawyers, nationally and locally, regarding trial strategy, complex medical issues and other related consumer safety issues. She has also recently published a chapter in a surgical textbook. She can be reached by email at cbertram@reganfirm.com or by phone 202-822-1875 in her office in Washington, D.C.
I was contacted earlier this week to represent the family of a man who died when he fell seven stories as a result of a work accident that likely could have been prevented. All too often, employers consider profits over people, allowing their job sites to fall short of applicable safety standards, endangering American workers. There are strict federal and local laws in place that govern workplace safety. Unfortunately, these laws are often ignored and poorly enforced. As a result, workers are killed or otherwise seriously injured every day.
Please take a look at a video that you can view by clicking here. It dramatically explains how workers are needlessly killed or injured as a result of preventable incidents.
There are workers'-compensation laws in every state that provide benefits to injured workers. My office handles those kinds of claims routinely. However, those laws do not make the workplace safer, which should be the primary goal. Employers need to create safe work environments so that deaths and serious injuries can be avoided in the first place. If they fail to adhere to the laws governing safe work environments, they should be shut down. It's a matter of life and death.
About the author:
Mr. Zambri is a board-certified cicil trial attorney and a Past-President of the Trial Lawyers Association of Metropolitan Washington, D.C. and has been rated by Washingtonian magazine as a "Big Gun" and among the "top 1%" of all lawyers in the Washington metropolitan area. The magazine also describes him as "one of Washington's best--most honest and effective lawyers" who specializes in personal injury matters, including work-related injuries, serious truck and car collisions, and medical malpractice. He has successfully litigated numerous cases against employers, obtaining some of the largest recoveries ever reported. Mr. Zambri has also been named a "Super Lawyer" by Super Lawyer magazine (March/April 2010)--a national publication that honors the top lawyers in America.
Mr. Zambri is regularly asked to give presentations to lawyers and businesses regarding product defects, automobile accident litigation, and safety improvements.
Mr. Zambri has authored a handbook regarding workers-compensation cases. To read it, please click here.
If you want more information about your legal rights, please email Mr. Zambri at szambri@reganfirm.com or call him at 202-822-1899.
Toyota's woes continue. The Washington Post (7/30, Cha) reports that Toyota announced yesterday the recall of "412,000 Avalons and Lexuses for steering problems, bringing the number of cars recalled around the world since October to nearly 9 million. The 373,000 recalled Avalons, dating from between 2000 and 2004, have improperly cast steering lock bars that appear to have been a factor in three accidents reported to the company. This problem can cause what Toyota described as a 'minute' crack to develop on the surface. The crack, in turn, can break the bar and lock the steering wheel, increasing the risk of a crash." A smaller number of Lexus models "have a different steering shaft problem and no injuries have been reported related to this issue, Toyota said."
Bloomberg News (7/30, Ohnsman, Kitamura) adds, "Toyota also said it will recall 80,000 Land Cruisers for another problem involving steering shafts. The world's largest automaker is working to improve quality following global recalls of more than 8 million cars and light trucks for defects linked to unintended acceleration," noting that the crisis resulted in a $16.4 million fine and pending auto safety legislation.
The Los Angeles Times (7/30, Hirsch, Times) adds that the "latest recalls bring the number of vehicles Toyota has recalled in the last year to about 9 million worldwide. That's almost as many vehicles as were sold by all manufacturers in the US last year. ... Toyota faces hundreds of lawsuits arising from its problems with sudden acceleration and sticking gas pedals and has been the target of intense scrutiny by federal safety regulators and Congress."
As an attorney who represents many people who have been injured as a result of defective vehicles, I will keep a close eye on these issues. In the meantime, if you own an Avalon or Lexus, I encourage you to immediately contact Toyota about potential defects.
Mr. Zambri is a board-certified civil trial attorney by the National Board of Trial Advocates and a Past-President of the Trial Lawyers Association of Metropolitan Washington, D.C. He has been rated by Washingtonian magazine as a "Big Gun" and among the "top 1%" of all lawyers in the Washington metropolitan area. The magazine also describes him as "one of Washington's best--most honest and effective lawyers" who specializes in personal injury matters, including automobile accident claims, premises liability, product liability, medical malpractice, and work-accident claims. He has successfully litigated multiple cases against truck and bus companies, the Washington Metropolitan Area transit Authority, and other automobile owners. His law firm, in fact, has obtained the largest settlement ever in a personal injury case involving WMATA. Mr. Zambri has also been named a "Super Lawyer" by Super Lawyer magazine (March/April 2010)--a national publication that honors the top lawyers in America.
If you have any questions about your legal rights, please email Mr. Zambri at szambri@reganfirm.com or call him at 202-822-1899.
Officials emphasized that users should never place the Nap Nanny in a crib or near any other objects on the floor. The danger is higher on earlier Nap Nanny models, which do not have D-rings. Consumers with earlier models can obtain an $80 coupon toward a newer, safer model by calling Baby Matters LLC at (888) 240-4282 or by visiting the company's recall page.
About the author:
Catherine Bertram is board certified in civil trials and was recently nominated as a 2010 Super Lawyer for personal injury law in Washington, D.C. Ms. Bertram has 20 years of trial experience and is unique in that she was formerly the Director of Risk Management in Washington, D.C. Ms. Bertram is a member of the bar for the U.S. Supreme Court. She is a partner with the firm and lectures regularly to lawyers, nationally and locally, regarding trial strategy, complex medical issues and other related consumer safety issues. She has also recently published a chapter in a surgical textbook. She can be reached by email at cbertram@reganfirm.com or by phone 202-822-1875 in her office in Washington, D.C.
The New York Times (7/25) editorializes, "All automakers in the United States are required to report flaws in their vehicles to the National Highway Traffic Safety Administration within five business days of detection," but Toyota "has repeatedly failed to report potentially deadly problems. The latest omission to be brought to light -- and not by the automaker -- regards problems with steering wheel relay rods, which transmit changes in direction from the steering gearbox to the wheels. ... Toyota has a lot to explain about why it delayed informing American regulators about the faulty rods - and why it told the N.H.T.S.A. it had received no complaints in the United States."
As time passes, it becomes more and more clear that Toyota hid the truth to avoid accountability and pad their profits. Regrettably, such greedy conduct has caused many people to suffer serious injuries. Let's hope these revelations cause auto-makers to reevaluate how they do business. Safety first.
There are 270 million cellphones in use and, according to the Harvard Center for Risk Analysis, cell phones have caused 636,000 crashes, including 2,600 deaths, 342,000 injuries and a financial toll of $43 billion each year.
Despite recent public campaigns to get people to put down their phones while driving, 81 percent of people saying they use cellphones. That means by one calculation that at any given time almost 1 million drivers in cars are talking while on the nation's highways. In a study released last week, research released last week on Beltway drivers in Virginia put the number at one in four.
Yesterday, on Fastlane, DOT's official blog, they announced a second national summit on distracted driving will be held Sept. 21 to highlight the problem and find ways to combat it, the U.S. Department of Transportation announced Tuesday. In 2008, more than 20 percent of crashes that year involved distracted drivers. This is a great step in the right direction. We need the country's top experts to work together to stop this needless loss of lives.
At this point, this is a public health crisis. How many people need to be permanently injured or die before we take action?
In an excellent article by Robert McCartney, published in the Washington Post today, Mr. McCartney notes that "the NTSB took pains in its admirable report to emphasize two messages that weren't about money at all. First, the Red Line crash, like some previous Metro accidents, was directly attributable to what the NTSB labeled an 'anemic safety culture'". He suggests that "Metro must undergo a top-to-bottom overhaul of its institutional habits and mind-set so that everyone places a higher priority on safety."
As National Traffic Safety Board Chairperson Deborah Hersman stated, "When safety is more important than schedules, their organizational culture can be a success." If profits are put about safety, bad things will happen. Very bad things.
As Mr. McCartney points out, based on the NTSB report, "Metro comes up short in virtually every category" related to safety. With respect to the tragic crash that took place in June of 2009, signs of danger were simply ignored, according to the report. Mr. McCartney comments that "it emerged at Tuesday's hearing that workers were ignoring thousands of alarms a week triggered by the faulty signaling devices, known as track circuit modules. The attitude was: The machines don't work, but there haven't been any crashes, so why worry?"The answer should have been simple: because people will be seriously injured and killed if the problem is not fixed.
"Metro's deep cultural problems suggest that the next general manager needs to be a powerful change agent," says Mr. McCartney. He's right.
Mr. Zambri is a board-certified civil trial attorney by the National Board of Trial Advocates and a Past-President of the Trial Lawyers Association of Metropolitan Washington, D.C. He has been rated by Washingtonian magazine as a "Big Gun" and among the "top 1%" of all lawyers in the Washington metropolitan area. The magazine also describes him as "one of Washington's best--most honest and effective lawyers" who specializes in personal injury matters, including automobile accident claims, premises liability, product liability, medical malpractice, and work-accident claims. He has successfully litigated multiple cases against truck and bus companies, the Washington Metropolitan Area transit Authority, and other automobile owners. His law firm, in fact, has obtained the largest settlement ever in a personal injury case involving WMATA. Mr. Zambri has also been named a "Super Lawyer" by Super Lawyer magazine (March/April 2010)--a national publication that honors the top lawyers in America.
If you have any questions about your legal rights, please email Mr. Zambri at szambri@reganfirm.com or call him at 202-822-1899.
An "anemic safety culture", and "layers of safety deficiencies" made the tragedy all but unavoidable, according to Chairman Deborah A.P. Hersman. "Metro was on a collision course long before this accident," Hersman said. "The only question was when Metro would have another accident."
Mr. Regan and the law firm of Regan Zambri & Long are one of the lead lawyers representing Metro passengers who were killed or seriously injured in this tragedy. "WMATA knew for years that there were serious safety problems with the subway system and yet they refused to take simple safety measures to protect the passengers" according to a statement released by Mr. Regan.
Investigators determined that Metro knew about the problems as early as 2005, when the same inadequacies caused a near-miss collision near the Rosslyn station. The operator averted a collision by hitting the emergency brake after the Automatic Train Control system failed to detect the train in front.
Track circuits in the Automatic Train Control system malfunctioned thousands of times each week, and eventually, Metro simply turned off the alarms caused by the malfunctions.
The Board also found that Metro failed to inform its technicians about the automatic train control system; failed to oversee automatic train control maintenance; and continues to use 1000-series rail cars even though they pose an "unacceptable risk".
The AP (7/27, Manning) reports that Nissan has informed NHTSA that it is recalling over 51,000 Cube models in North America "because of possible problems with fuel spilling during rear end collisions," noting that "tests conducted by NHTSA safety regulators found more fuel spilled than federal standards allow. The spillage occurred during rear end crash tests at 50 miles per hour where the vehicle also spun onto its side."
The spillage of fuel can lead to fires, which can be deadly. If you own a Cube, I encourage you to immediately contact Nissan and stop driving the vehicle. Your life is too precious.
Mr. Zambri is a board-certified civil trial attorney by the National Board of Trial Advocates and a Past-President of the Trial Lawyers Association of Metropolitan Washington, D.C. He has been rated by Washingtonian magazine as a "Big Gun" and among the "top 1%" of all lawyers in the Washington metropolitan area. The magazine also describes him as "one of Washington's best--most honest and effective lawyers" who specializes in personal injury matters, including premises liability, product liability, medical malpractice, and automobile accident claims. Mr. Zambri has also been named a "Super Lawyer" by Super Lawyer magazine (March/April 2010)--a national publication that honors the top lawyers in America.
If you have any questions about your legal rights, please email Mr. Zambri at szambri@reganfirm.com or call him at 202-822-1899.
In The Hill's (7/1) "Healthwatch" blog, Mike Lillis notes that, "Rep. Dennis Kucinich (D-OH) on Wednesday said he'll soon introduce legislation to monitor the health effects of cell phone use." The bill would "launch a national research program to study any such effects." Kucinich, who chairs the House Oversight Committee's subpanel on domestic policy, said that "the research to find clearer answers shouldn't be left in the hands of the phone companies themselves."
Kucinich explained that "We need a first-class research program to give us answers. Until we know for sure, a labeling law will ensure that cell phone users can decide for themselves the level of risk that they will accept. Obviously, cell phone companies should not be the ones making that decision for us."
As a result of the tragic death of a child using a donated crib in a day care center, a portion of the Consumer Product Safety Improvement Act of 2008 was named in his honor. The Danny Keysar Child Product Safety Notification Act includes four specific new requirements intended to protect young children:
"Requires the CPSC to assess the effectiveness of any voluntary consumer product safety standards for durable infant or toddler product s and promulgate consumer product safety standards that are substantially the same or more stringent than the voluntary standards.
Makes it a violation of the CPSA for certain commercial entities (including, but not limited to manufacturers, distributors, hotels, motels, or similar transient lodging facilities and day care centers) to manufacture, sell, lease, or otherwise place in the stream of commerce any crib that is not in compliance with such standard.
Requires each manufacturer of a durable product for infants or toddlers under five years to provide consumers with a postage-paid consumer registration form, maintain a record of consumer contact information to improve recall effectiveness, and permanently label the product with the manufacturer's name and contact information, model name and number, and the manufacturing date.
Requires the CPSC to study and report to specified congressional committees regarding: (1) consumer registration form effectiveness in facilitating recalls and whether such forms should be required for other children's products; and (2) recall notification technology. Allows the CPSC to authorize the use of recall notification technology in lieu of registration forms when the technology becomes at least as effective as the forms."
In Gaithersburg, Maryland, on July 15 and 16, an FDA panel will hear testimony about the effects that cigarette mint flavoring may have on health. Menthol will be the first matter taken up by the FDA’s new Tobacco Products Scientific Advisory Committee. To see the agenda for the meetings and for emails and phone numbers related to these meetings click here.
Menthol cigarettes make up approximately a third of the US market. It is expected that various experts will testify about possible health risks associated with menthol and whether menthol increases cigarette addiction. Based on the panel's recommendations, the FDA will consider whether to ban or limit tobacco products which contain menthol.
During a recent California court case involving the deaths of two women, executives of the country's largest car rental company admitted to renting vehicles known to be under safety recalls. According to testimony by Enterprise (parent company for Alamo and National) executives, there was no company policy to require cars under recall to be held back from rental. A subsequent investigative report by ABC News also revealed that neither Avis nor Hertz have company-wide policies regarding recalled vehicles, but evaluate safety recalls on a case by case basis. After the trial and admission of negligence, Enterprise issued a statement of their procedures for automobile manufacturers' recalls.
Essentially, car rental agencies have taken the attitude that demand trumps safety. By doing so, are they also putting profits over safety? Consumers need to become their own advocates in matters of safety and recalls. When renting a vehicle, ask what types of vehicles are available, then do your own research at SaferCar.gov, a special portion of the National Highway and Traffic Safety Administration (NHTSA) website.
As I have advocated frequently on this blog, safety and people must be put above profits.
In a Washington Post op-ed piece, Tom Devine, legal director of the Government Accountability Project, criticized the lack of protection provided to national security whistleblowers, "After 10 years, Congress is on the verge of repairing the dysfunctional Whistleblower Protection Act for government employees, and the restored act would for the first time cover FBI and intelligence employees."
According to Mr. Devine, the House bill "would allow whistleblowers to challenge retaliatory investigations before they become indictments," and the House and Senate bills "would allow national security workers to safely disclose what they 'reasonably believe evidences' mismanagement, violations of law, waste and abuse, including as part of their job duties."
You've seen them on TV and in advertisements in magazines and catalogs. You may have even heard Joe Montana sing their praises. But, as USA Today reports, some doctors are coming out against so-called "rocker" or "toning" shoes. They say the shoes can easily inflame wearers' Achilles tendons by forcing the heel to rest lower than the ball of the foot.
MBT, one manufacturer of the shoes, claims they help with knee and back problems, neck tension, and joint pain and tone your abs, glutes, calves, and thighs. However, the preliminary studies they cite are not double-blinded and don't actually conclude that the shoes lead to demonstrable benefits.
Johns Hopkins University's Dr. Barbara de Lateur, professor of physical medicine, said the companies' fitness claims are "utter nonsense." Other physicians quoted in the story agree and especially cautioned anyone with balance issues not to wear the shoes.
The Wall Street Journal (7/1, Tracy, Hughes) reports the Senate Environment and Public Works Committee voted to remove the existing $75 million offshore oil spill liability cap. Remarkably, according to the Journal, the panel's move faces opposition and is not assured of passage by the full Senate. The Independent Petroleum Association of America argues that the absence of a cap would benefit only the largest transnational oil companies. IPAA chair Bruce Vincent, president of Swift Energy, is quoted as saying, "This is unreasonable from an economic and business standpoint and will have a devastating impact on job losses and possible increased reliance on foreign oil."
The New York Times (7/1, Broder, Robbins) notes that the committee "voted to remove the liability cap altogether, brushing aside a Republican amendment that would allow the president to set varying caps for individual accidents." The House Transportation and Infrastructure Committee "will take up its own version of a liability limits law on Thursday."
Bloomberg News (7/1, Chipman) reports, "President Barack Obama supports raising the ceiling and has faulted Republicans for blocking efforts to make BP more fully liable for damages tied to the worst US oil spill. BP Chief Executive Officer Tony Hayward has said he expects the liability limit to be increased."
It always strikes me as blatantly self-serving when companies seek to limit their obligation to pay for the damages they have caused due to their carelessness and recklessness. They like to argue that it will adversely impact their profits. Why should they be able to avoid accountability? Why should the innocent people and companies they harm be the ones to suffer unfairly? As our parents said when we were children, take responsibility for your actions. Don't make excuses. And learn from your mistakes.
Mr. Zambri is a board-certified civil trial attorney by the National Board of Trial Advocates and a Past-President of the Trial Lawyers Association of Metropolitan Washington, D.C. He has been rated by Washingtonian magazine as a "Big Gun" and among the "top 1%" of all lawyers in the Washington metropolitan area. The magazine also describes him as "one of Washington's best--most honest and effective lawyers" who specializes in personal injury matters, including premises liability, product liability, medical malpractice, and automobile accident claims. Mr. Zambri has also been named a "Super Lawyer" by Super Lawyer magazine (March/April 2010)--a national publication that honors the top lawyers in America.
Mr. Zambri was sought after to publish a chapter regarding product liability litigation in Aspatore Books - a company that is touted as "the largest and most exclusive publisher of C-1 Level executives (CEO, CFO, CTO, CMO, Partner) from the world's most respected companies and law firms." To read Mr. Zambri's publication, entitled "Constantly Preparing To Win", please click here.
If you have any questions about your legal rights, please email Mr. Zambri at szambri@reganfirm.com or call him at 202-822-1899.
On Friday, June 4, 2010, McDonald's announced a voluntary recall of some 12 million Shrek-themed promotional glasses that it sold in May and June, after finding trace amounts of cadmium in the cartoon designs baked onto them. Cadmium, a naturally occurring element, is a known carcinogen (cancer-causing substance) that has been linked to several other health issues.
If you have any of the pint-size McDonald's glasses featuring images of the characters Shrek, Fiona, Puss n' Boots, or Donkey, you are advised to stop using them immediately.
The Los Angeles Times reports that House Energy and Commerce Chairman Henry Waxman, speaking at his committee's hearing into the cause of Toyota's sudden acceleration crisis, said that the automaker "still had not done the testing required to determine the cause...and had been more concerned about its image than addressing the issue." This remark was in response to Toyota's statement that it was confident electronics were not causing sudden acceleration. Waxman, however, "said that his panel's investigation had raised serious questions about the scope of Toyota's efforts" to root out an electronic fault.
According to the report, Waxman stated, "Toyota has repeatedly told the public that it has conducted extensive testing of its vehicles for electronic defects. We can find no basis for these assertions." The Washington Post notes that Toyota has "assured worried customers and Congress that it was conducting an independent investigation," but yesterday, "congressional investigators said the company that Toyota has hired to do the review, Exponent, had offered no written plan for the project or any written specifications for the experiments it intends to run." The Post reports that Waxman called the investigation "deeply troubling," and rejected Exponent's explanation of a lack of a written plan "preposterous."
I hope Toyota and its agents are genuinely interested in determining all potential defects. If their principal focus is avoid accountability, then consumers will be endangered more. I'll keep a close eye on the hearings as they continue.
Mr. Zambri is a Past-President of the Trial Lawyers Association of Metropolitan Washington, D.C. and has been rated by Washingtonian magazine as a "Big Gun" and among the "top 1%" of all lawyers in the Washington metropolitan area. The magazine also describes him as "one of Washington's best--most honest and effective lawyers" who specializes in personal injury matters, including serious truck and car collisions. Mr. Zambri has also been repeatedly named a "Super Lawyer" by Law and Politics magazine--a national publication that honors the top lawyers in America.
Mr. Zambri is regularly asked to give presentations to lawyers and businesses regarding product defects, automobile accident litigation, and safety improvements.
Mr. Zambri has authored an article regarding how automobile collision cases are evaluated. To read it, please click here.
To read an article published by one of Mr. Zambri's clients, who was injured in a tragic automobile collision, please click here.
Many Americans are killed or critically injured each year in vehicular collisions. If you want more information about your legal rights, please email Mr. Zambri at szambri@reganfirm.com or call him at 202-822-1899.
BP executives have been receiving emotionally charges and pointed questions from Senators during hearings over the Gulf spill. The Nightly News reported that "Senators had no patience ... Senators wanted answers and accountability. Two big issues drew deep skepticism. What fix will actually work and who covers the spiraling cost?"
According to the AP, "Congress called BP and its drilling partners to account Tuesday for a 'cascade of failures' behind the spreading Gulf oil spill, zeroing in on a crucial chain of events at the deep-sea wellhead" just before the explosion, during back-to-back Senate hearings. Said Sen. Jeff Bingaman, "If this is like other catastrophic failures of technological systems in modern history, whether it was the sinking of the Titanic, Three Mile Island, or the loss of the Challenger, we will likely discover that there was a cascade of failures and technical and human and regulatory errors." But Lamar McKay, chairman of BP America, told the hearing, "Liability, blame, fault - put it over here," referring to Transocean and Halliburton, "Our obligation is to deal with the spill, clean it up and make sure the impacts of that spill are compensated, and we're going to do that."
The spill has the potential to cause billions of dollars in damages to individuals, states, industries, and governments. There is plenty of blame to go around. This terrible incident should not have happened. I hope the entities involved will do what is right and accept accountability for the errors that caused so much damage.
Mr. Zambri is a Past-President of the Trial Lawyers Association of Metropolitan Washington, D.C. and has been rated by Washingtonian magazine as a "Big Gun" and among the "top 1%" of all lawyers in the Washington metropolitan area. The magazine also describes him as "one of Washington's best--most honest and effective lawyers" who specializes in personal injury matters, including product liability, medical malpractice, and automobile accident claims. Mr. Zambri has also been named a "Super Lawyer" by Super Lawyer magazine (March/April 2009)--a national publication that honors the top lawyers in America.
Mr. Zambri was sought after to publish a chapter regarding product liability litigation in Aspatore Books - a company that is touted as "the largest and most exclusive publisher of C-1 Level executives (CEO, CFO, CTO, CMO, Partner) from the world's most respected companies and law firms." To read Mr. Zambri's publication, entitled "Constantly Preparing To Win", please click here.
If you have any questions about your legal rights, please email Mr. Zambri at szambri@reganfirm.com or call him at 202-822-1899.
Hundreds of thousands of Simplicity and Graco cribs were recalled by the Consumer Product Safety Commission (CPSC) on April 29, 2010. Parents should stop using these cribs immediately and follow the advice on CPSC recall notices. We have reproduced the recall notices below in their entirety for our readers.
"WASHINGTON, D.C. - The U.S. Consumer Product Safety Commission (CPSC) is announcing the recall of all Simplicity full-size cribs with tubular metal mattress-support frames. This recall includes fixed-side and drop-side cribs. These cribs pose a risk of serious injury or death due to entrapment, strangulation, suffocation and fall hazards to infants and toddlers.
The crib's tubular metal mattress-support frame can bend or detach and cause part of the mattress to collapse, creating a space into which an infant or toddler can roll and become wedged, entrapped or fall out of the crib.
CPSC has received a report of a one-year-old child from North Attleboro, Mass. who suffocated when he became entrapped between the crib mattress and the crib frame in April 2008. CPSC is aware of 13 additional incidents involving the recalled cribs collapsing due to the metal mattress- support frame bending or detaching, including one child entrapment that did not result in injury, and one child who suffered minor cuts to his head when his mattress collapsed and he fell out of the crib.
CPSC staff urges parents and caregivers to stop using these cribs immediately and find an alternative, safe sleeping environment for their baby. Do not attempt to fix these cribs.
Due to the fact that Simplicity and its successor, SFCA Inc., are no longer in business, CPSC has limited information about the number of cribs sold. All Simplicity drop-side cribs have previously been recalled for a hazard involving the drop side. Simplicity drop-side cribs could still be in use by parents or caregivers who are unaware of the recalls or by those who received a repair kit to immobilize the drop side from Simplicity when the firm was still in business. This recall involves ALL Simplicity cribs with tubular metal mattress-support frames regardless of model number.
Crib Name Model Number All Simplicity Cribs with tubular metal mattress-support frames regardless of model number Model numbers unknown Some of the known model numbers include:
Aspen 4-in-1 8755
Chelsea Deluxe 4-in-1 Convertible Sleep System 8324
Graco 4-in-1 Ultra Sleep System 4600
Graco Aspen 3-in-1 8740
Simplicity Crib and Changer Combo 8994
Simplicity Ellis Deluxe 4-in-1 Convertible Sleep System 8676
Simplicity Nursery-in-a-Box Convertible Crib 8910
Some model numbers are followed by letters, indicating the color or finish of the crib. The name "Simplicity Inc." or "Simplicity for Children" appears on a label on the crib's mattress-support frame and/or the crib's end panels. The cribs were manufactured in China.
The recalled cribs were sold at Walmart, Target, Babies R Us and other stores nationwide for between $150 and $300. Consumers should contact the store where the crib was purchased to receive a refund, replacement crib or store credit.
Important Message from CPSC:
CPSC would like to remind parents not to use any crib with missing, broken or loose parts. Make sure to tighten hardware from time to time to keep the crib sturdy. When using a drop-side crib, parents should check to make sure the drop side or any other moving part operates smoothly. Always check all sides and corners of the crib for disengagement. Any disengagement can create a gap, which could fatally entrap a child. In addition, do not try to repair any side of the crib with tape, wire, rope or by other means. Infants and toddlers have died in cribs with makeshift repairs.
CPSC is still interested in receiving incident or injury reports that are either directly related to this product recall or involve a different hazard with the same product. Please tell us about it by visiting https://www.cpsc.gov/cgibin/incident.aspx
The U.S. Consumer Product Safety Commission is charged with protecting the public from unreasonable risks of serious injury or death from thousands of types of consumer products under the agency's jurisdiction. The CPSC is committed to protecting consumers and families from products that pose a fire, electrical, chemical, or mechanical hazard. The CPSC's work to ensure the safety of consumer products - such as toys, cribs, power tools, cigarette lighters, and household chemicals - contributed significantly to the decline in the rate of deaths and injuries associated with consumer products over the past 30 years.
To report a dangerous product or a product-related injury, call CPSC's Hotline at (800) 638-2772 or CPSC's teletypewriter at (301) 595-7054. To join a CPSC e-mail subscription list, please go to https://www.cpsc.gov/cpsclist.aspx. Consumers can obtain recall and general safety information by logging on to CPSC's Web site at www.cpsc.gov."
Mr. Zambri is a Past-President of the Trial Lawyers Association of Metropolitan Washington, D.C. and has been rated by Washingtonian magazine as a "Big Gun" and among the "top 1%" of all lawyers in the Washington metropolitan area. The magazine also describes him as "one of Washington's best--most honest and effective lawyers" who specializes in personal injury matters, including product liability, medical malpractice, and automobile accident claims. Mr. Zambri has also been named a "Super Lawyer" by Super Lawyer magazine (March/April 2009)--a national publication that honors the top lawyers in America.
Mr. Zambri was sought after to publish a chapter regarding product liability litigation in Aspatore Books - a company that is touted as "the largest and most exclusive publisher of C-1 Level executives (CEO, CFO, CTO, CMO, Partner) from the world's most respected companies and law firms." To read Mr. Zambri's publication, entitled "Constantly Preparing To Win", please click here.
If you have any questions about your legal rights, please email Mr. Zambri at szambri@reganfirm.com or call him at 202-822-1899.
Following the unprecedented number of toy and child furniture recalls in 2007, the Consumer Product Safety Improvement Act (CPSIA) was enacted to address safety issues, including mandatory third party testing for certain children's products, lead certifications for both domestic products and imports, and tracking labeling requirements.
In a recent unanimous ruling, the Consumer Product Safety Commission (CPSC) voted to allow toy giant Mattel Inc. to conduct in-house safety testing in their "firewalled laboratories" rather than submit to third party testing. According to CPSC, the approval was granted because Mattel could prove that its in-house testing could provide equal or improved consumer safety than that provided by an external laboratory. Consumer advocate Don Mays, senior director of product safety at Consumers Union, publisher of Consumer Reports, protests that, "It's a little bit like the fox guarding the henhouse." and added that " There is a potential conflict of interest." Smaller companies which don't have the resources for internal testing laboratories criticized the CPSC's decision as being "extremely frustrating and unfair."
Confidence in the safety of children's products is of extreme concern for every parent. I am inclined to agree with Mr. Mays--it smacks of a conflict of interest to have Mattel police its own products without independent oversight. Too much is at risk--the safety of kids. The CPSC ought to seriously and quickly reconsider its position.
Mr. Zambri is a Past-President of the Trial Lawyers Association of Metropolitan Washington, D.C. and has been rated by Washingtonian magazine as a "Big Gun" and among the "top 1%" of all lawyers in the Washington metropolitan area. The magazine also describes him as "one of Washington's best--most honest and effective lawyers" who specializes in personal injury matters, including product defects, medical malpractice and serious truck and car collisions. Mr. Zambri has also been repeatedly named a "Super Lawyer" by Law and Politics magazine--a national publication that honors the top lawyers in America.
Mr. Zambri was sought after to publish a chapter regarding product liability litigation in Aspatore Books - a company that is touted as "the largest and most exclusive publisher of C-1 Level executives (CEO, CFO, CTO, CMO, Partner) from the world's most respected companies and law firms." To read Mr. Zambri's publication, entitled "Constantly Preparing To Win", please click here.
Mr. Zambri is regularly asked to give presentations to lawyers and businesses regarding product defects, automobile accident litigation, and safety improvements.
If you want more information about your legal rights, please email Mr. Zambri at szambri@reganfirm.com or call him at 202-822-1899.
On April 15, 2010, the Consumer Product Safety Commission (CPSC) voted to begin working on a searchable database, www.saferproducts.gov, intended to make complaints about unsafe products visible to the public. Product recalls have been posted on the CPSC website for some time. However, the new database will allow consumers to view concerns before any official action is taken on complaints from individuals and safety groups. Congress ordered creation of the new database in 2008 as part of the Consumer Product Safety Improvement Act (CPSIA) that increased product safety oversight after a series of lead-paint toy recalls. Consumer groups say the new site will help consumers make better-informed purchasing decisions.
According to CPSC Chairman Inez Tanebaum, "The database has the potential to create a new generation of consumers educated about product hazards in and around their homes." The new database is scheduled to go online in March, 2011.
raise public awareness of new, easier methods for reporting product incidents,
provide the public with new and innovative ways to learn of product incidents and notices of recalls,
increase public access to product information, including manufacturer comments and CPSC's responses to incident reports, and
enhance CPSC's ability to share information with other federal, state and local agencies.
Informed consumers make smarter decisions when purchasing products. The new SaferProducts.gov database should allow American to make better, safer purchasing decisions.
Bloomberg News reports that according to "company timelines" submitted to the National Highway Traffic Safety Administration (NHTSA), Toyota "knew about flaws that could cause unintended acceleration more than 3 1/2 years before it recalled cars and trucks to fix the defects." The report points out that the auto manufacturer learned that "floor mats could entrap accelerator pedals as early as Feb. 7, 2006, and that pedals could stick five months later" in July 2006. The timelines confirm an alarmingly slow response to the problems that ultimately led to the recall of more than 8 million vehicles worldwide.
This development is very concerning, as it suggests that Toyota put profits over safety. Based upon some recent advertisements and public statements, Toyota seems to what to convince us that it is a caring company that produces safe products. How they move foreard as a company will determine their sincerity.
Mr. Zambri is a Past-President of the Trial Lawyers Association of Metropolitan Washington, D.C. and has been rated by Washingtonian magazine as a "Big Gun" and among the "top 1%" of all lawyers in the Washington metropolitan area. The magazine also describes him as "one of Washington's best--most honest and effective lawyers" who specializes in personal injury matters, including serious truck and car collisions. Mr. Zambri has also been repeatedly named a "Super Lawyer" by Law and Politics magazine--a national publication that honors the top lawyers in America.
Mr. Zambri is regularly asked to give presentations to lawyers and businesses regarding product defects, automobile accident litigation, and safety improvements.
Mr. Zambri has authored an article regarding how automobile collision cases are evaluated. To read it, please click here.
To read an article published by one of Mr. Zambri's clients, who was injured in a tragic automobile collision, please click here.
Many Americans are killed or critically injured each year in vehicular collisions. If you want more information about your legal rights, please email Mr. Zambri at szambri@reganfirm.com or call him at 202-822-1899.
CONTACT US The Washington Post reports that the Department of Transportation (DOT) has designated nine NASA experts to help solve the "scientific mystery" surrounding unintended acceleration in Toyotas. Moreover, "a separate panel from the National Academy of Sciences" will investigate unintended acceleration and on-board electronics "across the industry." The Post notes the lack of consensus among automotive experts over whether there could be an electronic fault causing unintended acceleration in Toyotas.
"The increasing complexity of engines, which run on multiple microprocessors and lots of software, has complicated the discussion." The Post adds that DOT is expected to announce today that its Inspector General "has been asked to review whether federal safety regulators at the National Highway Traffic Safety Administration have the personnel to adequately handle the complex engineering questions that arise in such investigations."
The Los Angeles Times also covers this story, noting that the "two investigations follow pressure from Congress on federal safety regulators to address persistent questions about the causes of unintended acceleration, and whether the problems stem from faulty computer-controlled electronic throttle systems."
These developments make clear how extensive and complex the problems are, and further cast doubt on the ability of federal agencies to handle investigations on their own. This is yet more evidence as to why it is important to have access to civil courts, so that full investigations can be conducted, the truth can be revealed, and safety measures can be put in place to protect consumers from further injuries.
Mr. Zambri is a Past-President of the Trial Lawyers Association of Metropolitan Washington, D.C. and has been rated by Washingtonian magazine as a "Big Gun" and among the "top 1%" of all lawyers in the Washington metropolitan area. The magazine also describes him as "one of Washington's best--most honest and effective lawyers" who specializes in personal injury matters, including serious truck and car collisions. Mr. Zambri has also been repeatedly named a "Super Lawyer" by Law and Politics magazine--a national publication that honors the top lawyers in America.
Mr. Zambri is regularly asked to give presentations to lawyers and businesses regarding product defects, automobile accident litigation, and safety improvements.
Mr. Zambri has authored an article regarding how automobile collision cases are evaluated. To read it, please click here.
To read an article published by one of Mr. Zambri's clients, who was injured in a tragic automobile collision, please click here.
Many Americans are killed or critically injured each year in vehicular collisions. If you want more information about your legal rights, please email Mr. Zambri at szambri@reganfirm.com or call him at 202-822-1899.
USA Today reports that the NHTSA may require "Black boxes" in all US automobiles. The story notes how black boxes in cars help experts reconstruct accidents to determine the causes of the causes of crashes. This development was, according to the report, "[p]rompted by Toyota's recalls and questions about whether they fully remedy possible runaways."
I am a big fan of this kind of positive change. Why not have black boxes in cars. Anything that fosters safety while diagnosing defects and recklessness is a good thing. Let's hope the NHTSA follows through on this initiative.
I'll keep you posted. In the meantime, drive safely.
Mr. Zambri is a Past-President of the Trial Lawyers Association of Metropolitan Washington, D.C. and has been rated by Washingtonian magazine as a "Big Gun" and among the "top 1%" of all lawyers in the Washington metropolitan area. The magazine also describes him as "one of Washington's best--most honest and effective lawyers" who specializes in personal injury matters, including serious truck and car collisions. Mr. Zambri has also been repeatedly named a "Super Lawyer" by Law and Politics magazine--a national publication that honors the top lawyers in America.
Mr. Zambri is regularly asked to give presentations to lawyers and businesses regarding product defects, automobile accident litigation, and safety improvements.
Mr. Zambri has authored an article regarding how automobile collision cases are evaluated. To read it, please click here.
To read an article published by one of Mr. Zambri's clients, who was injured in a tragic automobile collision, please click here.
Many Americans are killed or critically injured each year in vehicular collisions. If you want more information about your legal rights, please email Mr. Zambri at szambri@reganfirm.com or call him at 202-822-1899.
The New York Times reports that Toyota has announced that its dealerships will "provide replacement accelerator pedals to owners unhappy with repairs" after a series of cases of unintended acceleration in cars that have already been through the recall process. According to the report, "'Accelerator pedal replacement is based on specific customer request only,' said the memo, which was addressed to dealers, service managers and parts managers. 'Dealers are not to solicit pedal replacement.'"
If you have had your vehicle "repaired" following the recall, but still experience problems with your automobile, please return it to the dealer immediately. If you are not getting a prompt response from your local dealer, you are encouraged to contact Toyota's national customer service center at 1-800-331-4331.
Mr. Zambri is a Past-President of the Trial Lawyers Association of Metropolitan Washington, D.C. and has been rated by Washingtonian magazine as a "Big Gun" and among the "top 1%" of all lawyers in the Washington metropolitan area. The magazine also describes him as "one of Washington's best--most honest and effective lawyers" who specializes in personal injury matters, including serious truck and car collisions. He has successfully litigated numerous cases against truck and bus companies, the Washington Metropolitan Area transit Authority, and other automobile owners. His law firm, in fact, has obtained the largest settlement ever in a personal injury case involving WMATA. Mr. Zambri has also been repeatedly named a "Super Lawyer" by Law and Politics magazine--a national publication that honors the top lawyers in America.
Mr. Zambri is regularly asked to give presentations to lawyers and businesses regarding product defects, automobile accident litigation, and safety improvements.
Mr. Zambri has authored an article regarding how automobile collision cases are evaluated. To read it, please click here.
To read an article published by one of Mr. Zambri's clients, who was injured in a tragic automobile collision, please click here.
Many Americans are killed or critically injured each year in vehicular collisions. If you want more information about your legal rights, please email Mr. Zambri at szambri@reganfirm.com or call him at 202-822-1899.
Toyota said on Monday that the sudden-acceleration claim given by a San Diego man, who stated that his Prius hybrid car accelerated out of his control for 30 miles, was “inconsistent” with the findings of its initial examination of the car, according to the Associated Press.
It should be noted that the Toyota executives have not accused the man, James Sikes, "of lying or staging the incident, they did say that their examination showed that the car would have stopped when the driver firmly applied the brakes. Engineers found no evidence of friction in the accelerator pedal or that the pedal could have been pinned down by the floor mat."
The incident allegedly endured by Mr. Sikes occurred on March 8. The following day, according to the Times report, "a woman in Harrison, N.Y., said the Prius that she was driving accelerated suddenly before it crashed into a rock wall. That driver, who was not seriously injured, was on the way to a Toyota dealership to have the vehicle inspected.
Experts have testified that it is very possible that the brake system can work normally most of the time, but falter intermittently. Consequently, consumers and investigators are still very concerned about the Toyota vehicles.
If you have any concerns about your vehicle, please do not drive it. Have it inspected immediately. It could be a matter of life and death.
Drive safely.
About the author:
Mr. Zambri is a Past-President of the Trial Lawyers Association of Metropolitan Washington, D.C. and has been rated by Washingtonian magazine as a "Big Gun" and among the "top 1%" of all lawyers in the Washington metropolitan area. The magazine also describes him as "one of Washington's best--most honest and effective lawyers" who specializes in personal injury matters, including serious truck and car collisions. He has successfully litigated numerous cases against truck and bus companies, the Washington Metropolitan Area transit Authority, and other automobile owners. His law firm, in fact, has obtained the largest settlement ever in a personal injury case involving WMATA. Mr. Zambri has also been repeatedly named a "Super Lawyer" by Law and Politics magazine--a national publication that honors the top lawyers in America.
Mr. Zambri is regularly asked to give presentations to lawyers and businesses regarding product defects, automobile accident litigation, and safety improvements.
Mr. Zambri has authored an article regarding how automobile collision cases are evaluated. To read it, please click here.
To read an article published by one of Mr. Zambri's clients, who was injured in a tragic automobile collision, please click here.
Many Americans are killed or critically injured each year in vehicular collisions. If you want more information about your legal rights, please email Mr. Zambri at szambri@reganfirm.com or call him at 202-822-1899.
Although Toyota has been in the spotlight recently, "unintended acceleration has been a problem across the auto industry, according to an NPR analysis of consumer complaints to federal regulators." According to the NPR News investigation, other automakers, including Volkswagen, Volvo and Honda, have had significant complaint rates for some of their models. "The analysis covers about 15,000 complaints filed over the past decade, covering cars back to the 1990 model year. The complaints were filed with the National Highway Transportation Safety Administration, which regulates auto safety," states the NRP report.
If you experience any problems with your car, you can register a complaint with the National Highway Transportation Safety Administration by clicking here.
Technology is often shared, so it is not surprising to learn that cars from different manufacturers have similar defects. If you are unsure about the safety of your vehicle, please get it inspected immediately. Even minor defects can have devastating consequences.
About the author:
Mr. Zambri is a Past-President of the Trial Lawyers Association of Metropolitan Washington, D.C. and has been rated by Washingtonian magazine as a "Big Gun" and among the "top 1%" of all lawyers in the Washington metropolitan area. The magazine also describes him as "one of Washington's best--most honest and effective lawyers" who specializes in personal injury matters, including serious truck and car collisions. He has successfully litigated numerous cases against truck and bus companies, the Washington Metropolitan Area transit Authority, and other automobile owners. His law firm, in fact, has obtained the largest settlement ever in a personal injury case involving WMATA. Mr. Zambri has also been named a "Super Lawyer" by Law and Politics magazine--a national publication that honors the top lawyers in America.
Mr. Zambri is regularly asked to give presentations to lawyers and businesses regarding product defects, automobile accident litigation, and safety improvements.
Mr. Zambri has authored an article regarding how automobile collision cases are evaluated. To read it, please click here.
To read an article published by one of Mr. Zambri's clients, who was injured in a tragic automobile collision, please click here.
Many Americans are killed or critically injured each year in vehicular collisions. If you want more information about your legal rights, please email Mr. Zambri at szambri@reganfirm.com or call him at 202-822-1899.
The Los Angeles Times reports that House Oversight and Government Reform Chairman Edolphus Towns said that Toyota "'deliberately withheld' evidence in lawsuits related to vehicle safety, exhibiting a 'systematic disregard for the law.'" According to the report, Towns stated that Toyota created secret "Books of Knowledge" that included information about design defects, but never disclosed their existence in lawsuits, according to internal company documents released by the committee Friday. "We have to get to the bottom of this," Towns said in an interview. 'It is a situation that is just not going to go away if we ignore it.'"
Time magazine reviewed the progress of the congressional hearings concerning Toyota's safety crisis and noted that "the spectacle failed to answer a key question: whether Toyota has pinpointed the problems that caused it to recall more than 8 million cars, including over 6 million in the U.S., since last fall." Toyota CEO Akio Toyoda clearly has a tough road ahead of him in attempting to restore the company's image. Of course, that image was of the company's own doing.
About the author:
Mr. Zambri is a Past-President of the Trial Lawyers Association of Metropolitan Washington, D.C. and has been rated by Washingtonian magazine as a "Big Gun" and among the "top 1%" of all lawyers in the Washington metropolitan area. The magazine also describes him as "one of Washington's best--most honest and effective lawyers" who specializes in personal injury matters, including serious truck and car collisions. He has successfully litigated numerous cases against truck and bus companies, the Washington Metropolitan Area transit Authority, and other automobile owners. His law firm, in fact, has obtained the largest settlement ever in a personal injury case involving WMATA. Mr. Zambri has also been named a "Super Lawyer" by Law and Politics magazine--a national publication that honors the top lawyers in America.
Mr. Zambri is regularly asked to give presentations to lawyers and businesses regarding product defects, automobile accident litigation, and safety improvements.
Mr. Zambri has authored an article regarding how automobile collision cases are evaluated. To read it, please click here.
To read an article published by one of Mr. Zambri's clients, who was injured in a tragic automobile collision, please click here.
Many Americans are killed or critically injured each year in vehicular collisions. If you want more information about your legal rights, please email Mr. Zambri at szambri@reganfirm.com or call him at 202-822-1899.
This week Congressman Bruce Braley (Iowa) participated in the Toyota recall Oversight and Investigations Hearing. I think you will find his questioning particularly illuminating. Click here to view his questioning of Toyota's Chief Operating Officer.
What's becoming clearer as the hearings progress is that Toyota's business philosophy must undergo a sea-change. Putting profits over safety, which is what seems to have been its business model, is un-American and dangerous.
To read some of my other blogs about Toyota's recent problems, please clicks the following links:
Mr. Zambri is a Past-President of the Trial Lawyers Association of Metropolitan Washington, D.C. and has been rated by Washingtonian magazine as a "Big Gun" and among the "top 1%" of all lawyers in the Washington metropolitan area. The magazine also describes him as "one of Washington's best--most honest and effective lawyers" who specializes in personal injury matters, including serious truck and car collisions. He has successfully litigated numerous cases against truck and bus companies, the Washington Metropolitan Area transit Authority, and other automobile owners. His law firm, in fact, has obtained the largest settlement ever in a personal injury case involving WMATA. Mr. Zambri has also been named a "Super Lawyer" by Law and Politics magazine--a national publication that honors the top lawyers in America.
Mr. Zambri is regularly asked to give presentations to lawyers and businesses regarding product defects, automobile accident litigation, and safety improvements.
Mr. Zambri has authored an article regarding how automobile collision cases are evaluated. To read it, please click here.
To read an article published by one of Mr. Zambri's clients, who was injured in a tragic automobile collision, please click here.
Many Americans are killed or critically injured each year in vehicular collisions. If you want more information about your legal rights, please email Mr. Zambri at szambri@reganfirm.com or call him at 202-822-1899.
The Washington Post reports that Metro's "decision to mix different brands of signaling equipment -- despite a warning from one of the manufacturers -- could have caused the June crash that killed nine people, a senior engineer with the company," Alstom, "said Wednesday at a federal safety hearing." Information released by the NTSB "has pointed to possibly faulty and aging equipment in the failure of the automated crash-avoidance system. But the information on the signaling system attempts to shift blame to Metro's maintenance, testing and installation procedures."
As you may know from reading my prior blogs, my firm represents victims of this tragic and avoidable crash.
About the author:
Mr. Zambri is a Past-President of the Trial Lawyers Association of Metropolitan Washington, D.C. and has been rated by Washingtonian magazine as a "Big Gun" and among the "top 1%" of all lawyers in the Washington metropolitan area. The magazine also describes him as "one of Washington's best--most honest and effective lawyers" who specializes in personal injury matters, including serious truck and car collisions. He has successfully litigated numerous cases against truck and bus companies, the Washington Metropolitan Area transit Authority, and other automobile owners. His law firm, in fact, has obtained the largest settlement ever in a personal injury case involving WMATA. Mr. Zambri has also been repeatedly named a "Super Lawyer" by Law and Politics magazine--a national publication that honors the top lawyers in America.
Mr. Zambri has authored an article regarding how automobile collision cases are evaluated. To read it, please click here.
Many Americans are killed or critically injured each year in vehicular collisions. If you want more information about your legal rights, please email Mr. Zambri at szambri@reganfirm.com or call him at 202-822-1899.
I have been blogging a lot about the recent problems facing Toyota. In response to these problems, the Wall Street Journal has published an opinion piece, titled “Why We Need Trial Lawyers.” To better understand the work we do as trial attorneys, please click here to view the full WSJ article.
There are many who wish to strip Americans of their civil rights in order to reap profits. Those greedy folks seem to care little about those that are victims of carelessness and corruption. I am proud to represent Americans every day, helping them to obtain justice following tragedy and wrongdoing.
If you have questions about our civil justice system, don't seek answers from those who spew rhetoric just to pad their profits. Give me a call instead. I'd be happy to share the facts with you.
Be safe.
About the author:
Mr. Zambri is a Past-President of the Trial Lawyers Association of Metropolitan Washington, D.C. and has been rated by Washingtonian magazine as a "Big Gun" and among the "top 1%" of all lawyers in the Washington metropolitan area. The magazine also describes him as "one of Washington's best--most honest and effective lawyers" who specializes in personal injury matters, including serious truck and car collisions. He has successfully litigated numerous cases against truck and bus companies, the Washington Metropolitan Area transit Authority, and other automobile owners. His law firm, in fact, has obtained the largest settlement ever in a personal injury case involving WMATA. Mr. Zambri has also been repeatedly named a "Super Lawyer" by Law and Politics magazine--a national publication that honors the top lawyers in America.
Mr. Zambri is regularly asked to give presentations to lawyers and businesses regarding product defects, automobile accident litigation, and safety improvements.
Mr. Zambri has authored an article regarding how automobile collision cases are evaluated. To read it, please click here.
To read an article published by one of Mr. Zambri's clients, who was injured in a tragic automobile collision, please click here.
Many Americans are killed or critically injured each year in vehicular collisions. If you want more information about your legal rights, please email Mr. Zambri at szambri@reganfirm.com or call him at 202-822-1899.
According to several news sources, Toyota officials apparently boasted about becoming subject to merely a limited recall in 2007 concerning defects in its automobiles. Per the CBS Evening News, the AP reported that "Toyota officials boasted last summer they saved $100 million back in 2007 when negotiating a limited recall of certain models with the federal government." The piece notes that the National Highway Traffic Safety Administration (NHTSA) "has received more than 2,000 complaints of sudden acceleration and 34 deaths have been blamed on Toyota vehicles" over the past decade, "according to the Detroit News, which also says the Administration was investigating Toyota for accelerator problems as early as 2003. Nevertheless, Toyota was never told to fix anything, and the investigation ended."
USA Today reports that "an internal Toyota document" states that the savings came from "getting the government to OK just replacing floor mats in 55,000 vehicles as a solution to sudden acceleration complaints. It's listed under 'wins for Toyota -- safety group' in the report, which is among documents obtained by a subpoena from the House Committee on Oversight and Government Reform. That and other references to saving money on safety issues raise the question of 'whether Toyota was lobbying for less rigid actions from regulators to protect their bottom line,' said Kurt Bardella, spokesman for the committee's ranking Republican, Darrell Issa of California." The document also said that "'NHTSA is more sensitive to public/congressional criticism' and that, combined with changes in regulations, will result in 'more investigations and more forced recalls.'"
The AP says that the documents "could set off alarms in Congress over whether Toyota put profits ahead of customer safety and pushed regulators to narrow the scope of recalls. Two House committees are holding hearings this week on" Toyota's recalls.
I hope Congress presses Toyota officials hard on when they knew of concerns, when they reacted, how they reacted, and whether the company did, indeed, put profits over the safety of Americans. Americans have had enough with corporate greed, which leads to serious injuries and death, while corporations pad their profits. Let's hope Toyota wasn't one of those companies.
About the author:
Mr. Zambri is a Past-President of the Trial Lawyers Association of Metropolitan Washington, D.C. and has been rated by Washingtonian magazine as a "Big Gun" and among the "top 1%" of all lawyers in the Washington metropolitan area. The magazine also describes him as "one of Washington's best--most honest and effective lawyers" who specializes in personal injury matters, including serious truck and car collisions. He has successfully litigated numerous cases against truck and bus companies, the Washington Metropolitan Area transit Authority, and other automobile owners. His law firm, in fact, has obtained the largest settlement ever in a personal injury case involving WMATA. Mr. Zambri has also been named a "Super Lawyer" by Law and Politics magazine--a national publication that honors the top lawyers in America.
Mr. Zambri is regularly asked to give presentations to lawyers and businesses regarding product defects, automobile accident litigation, and safety improvements.
Mr. Zambri has authored an article regarding how automobile collision cases are evaluated. To read it, please click here.
To read an article published by one of Mr. Zambri's clients, who was injured in a tragic automobile collision, please click here.
Many Americans are killed or critically injured each year in vehicular collisions. If you want more information about your legal rights, please email Mr. Zambri at szambri@reganfirm.com or call him at 202-822-1899.
NBC Nightly News reported that "Federal safety officials said today the number of deaths that could be linked to sudden acceleration of Toyotas is now up to 34, based on consumer complaints they've received. The National Highway Transportation Safety Administration says it's normal for complaints to increase after people get word of a recall as more people become aware of safety defects that could have contributed to accidents in the past." The CBS Evening News also noted the NHTSA announcement in a similarly brief report.
USA Today reports that NHTSA "has received complaints alleging an additional 21 fatalities linked to Toyota's sudden-acceleration incidents," which "brings to 34 the total number of fatalities in 26 accidents that complaints to NHTSA allege are linked to sudden acceleration by Toyota products." NHTSA "also has seen a jump in brake-related complaints for the 2010 Toyota Prius. When NHTSA began investigating problems with Prius brakes, it had 124 consumer complaints in its database," but "since the investigation was opened Feb. 3 and publicized, nearly 1,000 more complaints have been filed."
The Washington Post adds that Toyota "announced a voluntary safety recall to inspect the front drive shaft on some 2010 Tacoma four-wheel-drive trucks. Officials said the front shaft in about 8,000 vehicles might include a component that has cracks created during the manufacturing process, which could lead to separation of the drive shaft at the joint portion."
If you own a model affected by a recall, please have your vehicle inspected and do not drive it. It could be a matter of life and death.
Travel safely.
About the author:
Mr. Zambri is a Past-President of the Trial Lawyers Association of Metropolitan Washington, D.C. and has been rated by Washingtonian magazine as a "Big Gun" and among the "top 1%" of all lawyers in the Washington metropolitan area. The magazine also describes him as "one of Washington's best--most honest and effective lawyers" who specializes in personal injury matters, including serious truck and car collisions. He has successfully litigated numerous cases against truck and bus companies, the Washington Metropolitan Area transit Authority, and other automobile owners. His law firm, in fact, has obtained the largest settlement ever in a personal injury case involving WMATA. Mr. Zambri has also been named a "Super Lawyer" by Law and Politics magazine--a national publication that honors the top lawyers in America.
Mr. Zambri is regularly asked to give presentations to lawyers and businesses regarding product defects, automobile accident litigation, and safety improvements.
Mr. Zambri has authored an article regarding how automobile collision cases are evaluated. To read it, please click here.
To read an article published by one of Mr. Zambri's clients, who was injured in a tragic automobile collision, please click here.
Many Americans are killed or critically injured each year in vehicular collisions. If you want more information about your legal rights, please email Mr. Zambri at szambri@reganfirm.com or call him at 202-822-1899.
Earlier today Toyota announced a global recall of more than 400,000 Prius and other hybrid vehicles due to defects in the braking system of the vehicles. "Toyota President Akio Toyoda used extraordinary language at a press conference here to apologize for quality and safety issues that have led to the recall of more than 7 million vehicles in recent months. He repeated three times that Toyota was neither failure-proof nor 'omnipotent,' and he said that his company would now 'redouble our commitment to quality as the lifeline of our company,'" according to the Washington Post.
The defect causes delays in the braking capacity of the recalled vehicles while on icy or bumpy roads. The recall applies to "223,000 hybrids sold in Japan, along with 133,000 Prius cars and 14,500 Lexus HS250h vehicles in the United States. Nearly 53,000 Priuses are also being recalled in Europe. It begins in Japan on Wednesday and in the United States 'as soon as possible,' the company said, and as reported by the Post.
If you own a Toyota that has been recalled, you should stop driving it and get t to a dealer for repair immediately. To learn more about this recall, visit Toyota's website.
I have blogged about Toyota recalls previously. To read my previous posts, please select the following links:
Again, if you own a model affected by the recalls, please have your vehicle inspected. It could be a matter of life and death.
Travel safely.
About the author:
Mr. Zambri is a Past-President of the Trial Lawyers Association of Metropolitan Washington, D.C. and has been rated by Washingtonian magazine as a "Big Gun" and among the "top 1%" of all lawyers in the Washington metropolitan area. The magazine also describes him as "one of Washington's best--most honest and effective lawyers" who specializes in personal injury matters, including serious truck and car collisions. He has successfully litigated numerous cases against truck and bus companies, the Washington Metropolitan Area transit Authority, and other automobile owners. His law firm, in fact, has obtained the largest settlement ever in a personal injury case involving WMATA. Mr. Zambri has also been named a "Super Lawyer" by Law and Politics magazine--a national publication that honors the top lawyers in America.
Mr. Zambri is regularly asked to give presentations to lawyers and businesses regarding product defects, automobile accident litigation, and safety improvements.
Mr. Zambri has authored an article regarding how automobile collision cases are evaluated. To read it, please click here.
To read an article published by one of Mr. Zambri's clients, who was injured in a tragic automobile collision, please click here.
Many Americans are killed or critically injured each year in vehicular collisions. If you want more information about your legal rights, please email Mr. Zambri at szambri@reganfirm.com or call him at 202-822-1899.
For the first time in American history, a car manufacturer--Toyota--has told its dealers to stop selling eight of its models due to a potentially dangerous defect. The models have potentially defective gas pedals (accelerator pedals) that could get stuck, leading to unavoidable car crashes.
The Washington Post (1/27, Mufson, Haynes) reports, Toyota "told its dealers to temporarily stop selling the RAV4, Highlander and Sequoia sport-utility vehicles; Corolla, Camry and Avalon cars; Matrix hatchbacks; and Tundra pickups." The Post notes, "The standstill is a huge setback for a company that built its business largely on a reputation for reliability and which perennially vies with General Motors and Volkswagen for the number one sales ranking among world auto companies." And "it left many loyal Toyota customers worried about safety and confused about what to do, because Toyota isn't sure how to fix the problem."
The New York Times (1/27, A1, Bunkley) reports on its front page, "Toyota said the move was intended to restore confidence in the automaker, and the safety of its products. One analyst said many consumers might have a different reaction." Toyota's "acknowledgement of problems with acceleration pedals reawakens one of the oldest safety issues in the auto industry. Manufacturers have long dismissed that a vehicle can race forward out of the driver's control, contending that the problem takes place when a driver mistakenly pushes the accelerator while trying to hit the brake pedal." The Wall Street Journal (1/27, Linebaugh) also reports the story.
Here's a list of the recalled models:
2007-2010 Camry
2005-2010 Avalon
2004-2009 Prius
2005-2010 Tacoma
2007-2010 Tundra
2007-2010 ES 350
2006-2010 IS 250 and IS350
I have blogged about Toyota recalls previously. To read my previous posts, please select the following links:
If you own a model affected by the recall, please have your vehicle inspected. It could be a matter of life and death.
Travel safely.
About the author:
Mr. Zambri is a Past-President of the Trial Lawyers Association of Metropolitan Washington, D.C. and has been rated by Washingtonian magazine as a "Big Gun" and among the "top 1%" of all lawyers in the Washington metropolitan area. The magazine also describes him as "one of Washington's best--most honest and effective lawyers" who specializes in personal injury matters, including serious truck and car collisions. He has successfully litigated numerous cases against truck and bus companies, the Washington Metropolitan Area transit Authority, and other automobile owners. His law firm, in fact, has obtained the largest settlement ever in a personal injury case involving WMATA. Mr. Zambri has also been named a "Super Lawyer" by Law and Politics magazine--a national publication that honors the top lawyers in America.
Mr. Zambri is regularly asked to give presentations to lawyers and businesses regarding product defects, automobile accident litigation, and safety improvements.
Mr. Zambri has authored an article regarding how automobile collision cases are evaluated. To read it, please click here.
To read an article published by one of Mr. Zambri's clients, who was injured in a tragic automobile collision, please click here.
Many Americans are killed or critically injured each year in vehicular collisions. If you want more information about your legal rights, please email Mr. Zambri at szambri@reganfirm.com or call him at 202-822-1899.
The National Safety Council (NSC) announced today least 28% of all traffic crashes (translating into at least 1.6 million crashes per year) are caused by drivers texting or using cell phones. According to its website, "NSC estimates that 1.4 million crashes each year are caused by drivers using cell phones and a minimum of 200,000 additional crashes each year are caused by drivers who are texting. The announcement came on the one-year anniversary of NSC’s call for a ban on all cell phone use and texting while driving."
It is clear that texting while driving is more dangerous than driving while using a cell phone. However, so far, many more people use the cell phone while driving than text while behind teh wheel. That is why there are more crashes caused by cell phone use. However, as the NSC acknowledges, texting while driving has reached crisis levels too.
"This new estimate provides critical data for legislators, business leaders and individuals to evaluate the threat and need for legislation, business policies and personal actions to prevent cell phone use and texting while driving," said Janet Froetscher, president & CEO of the National Safety Council. "There was great progress made in 2009, particularly regarding a broad recognition that texting is dangerous. We now need the same broad consensus that recognizes cell phone use while driving causes even more crashes.”
Support for laws banning cell phone use while driving is gaining momentum. I understand the need to be able to communicate. However, lives are at stake. Never text while driving. If you need to use your phone, pull off the road or be sure to at least use your phone in hands-free mode.
Remember, all it takes is a moment of distracted driving to cause a serious, life-altering collision.
Travel safe.
About the author:
Mr. Zambri is a Past-President of the Trial Lawyers Association of Metropolitan Washington, D.C. and has been rated by Washingtonian magazine as a "Big Gun" and among the "top 1%" of all lawyers in the Washington metropolitan area. The magazine also describes him as "one of Washington's best--most honest and effective lawyers" who specializes in personal injury matters, including serious truck and car collisions. He has successfully litigated numerous cases against truck and bus companies, the Washington Metropolitan Area transit Authority, and other automobile owners. His law firm, in fact, has obtained the largest settlement ever in a personal injury case involving WMATA. Mr. Zambri has also been named a "Super Lawyer" by Super Lawyer magazine--a national publication that honors the top lawyers in America.
Mr. Zambri is regularly asked to give presentations to lawyers and businesses regarding product defects, automobile accident litigation, and safety improvements.
Mr. Zambri has authored an article regarding how automobile collision cases are evaluated. To read it, please click here.
To read an article published by one of Mr. Zambri's clients, who was injured in a tragic automobile collision, please click here.
Many Americans are killed or critically injured each year in vehicular collisions. If you want more information about your legal rights, please email Mr. Zambri at szambri@reganfirm.com or call him at 202-822-1899.
In a story appearing on at least 143 news websites, the AP (1/11, Pritchard) reports that recent lab tests have shown "eye-popping levels" of cadmium in children's jewelry. The metal, which has been linked to cancer and weakened kidneys, "is particularly dangerous for children, because growing bodies readily absorb substances, and cadmium accumulates in the kidneys for decades." Recent research has also determined that children exposed to cadmium "were more likely to report learning disabilities," and that it "lowers IQ even more than lead."
"Just small amounts of chemicals may radically alter development," said Dr. Robert O. Wright, a professor at Harvard University's medical school and school of public health. "I can't even fathom why anyone would allow for even a small amount to be accessible."
MSNBC, reports, "There is no definitive explanation for why children's jewelry manufacturers, virtually all from China in the items tested, are turning to cadmium. But a reasonable double whammy looms: Cadmium prices have plummeted as factories grasp for substitutes now that lead is heavily regulated under the Consumer Product Safety Improvement Act of 2008.
That law set a new, stringent standard for lead in children's products: Only the very smallest amount is permissible — no more than 0.0003 percent of the total content. The statute has led manufacturers to drastically reduce lead in toys and jewelry.
The law also contained the first explicit regulation of cadmium, though the standards are significantly less strict than lead and apply only to painted toys, not jewelry."
According to MSNBC, some of the most dangerously toxic items are "charms sold at Walmart, at the jewelry chain Claire's and at a dollar store. High amounts of cadmium also were detected in 'The Princess and The Frog' movie-themed pendants."
Try to conduct some research before purchasing toys for children. Even low toxicity levels can cause significant, permanent developmental problems. Of course, it is difficult, if not impossible at times, to determine how dangerous some products are, so manufacturers need to put people over profits and be sure they products are safe before they enter the marketplace. Lives are at stake.
About the author:
Mr. Zambri is a Past-President of the Trial Lawyers Association of Metropolitan Washington, D.C. and has been rated by Washingtonian magazine as a "Big Gun" and among the "top 1%" of all lawyers in the Washington metropolitan area. The magazine also describes him as "one of Washington's best--most honest and effective lawyers" whose practice is dedicated to representing people in catastrophic personal injury matters, including product liability, medical malpractice and automobile accident claims. Mr. Zambri has also been named a "Super Lawyer" by Super Lawyer magazine (March/April 2009)--a national publication that honors the top lawyers in America.
Mr. Zambri was sought after to publish a chapter regarding product liability litigation in Aspatore Books - a company that is touted as "the largest and most exclusive publisher of C-1 Level executives (CEO, CFO, CTO, CMO, Partner) from the world's most respected companies and law firms." To read Mr. Zambri's publication, entitled "Constantly Preparing To Win", please click here.
If you have any questions about your legal rights, please email Mr. Zambri at szambri@reganfirm.com or call him at 202-822-1899.
PRNewswire-USNewswire reports that "Advocates for Highway and Auto Safety (AHAS) will issue its state-by-state ratings of traffic safety laws" later this month. And for the first time, the group will analyze restrictions placed on texting while driving--a problem that has reached a crisis level.
In each year over the last ten years, approximately 40,000 Americans were killed and another 2.5 million were injured as a result of automobile collisions. That translates into about 110 deaths and 7000 injuries every single day. Laws vary from state to state, and some laws are simply too weak.
I represent victims of reckless driving, people who have been tragically injured or killed due to the carelessness of others. State laws need to harshly punish those who intentional drive without due care for others on the road and those in their cars. The consequences of reckless driving can be catastrophic. I see lives and families ruined in a flash because of drunk-driving, texting-while-driving, and other reckless acts behind the wheel.
"The 2010 Roadmap Report on State Highway Safety Laws will grade each state and the District of Columbia on their laws addressing teen driving, distracted driving, drunk driving" and other safety laws, according to the article. I will participate in the webcast of the report, and will inform you of the results of AHAS's Report Card. If your state gets a poor grade, fight for change.
About the author:
Mr. Zambri is a Past-President of the Trial Lawyers Association of Metropolitan Washington, D.C. and has been rated by Washingtonian magazine as a "Big Gun" and among the "top 1%" of all lawyers in the Washington metropolitan area. The magazine also describes him as "one of Washington's best--most honest and effective lawyers" who specializes in personal injury matters, including serious truck and car collisions. He has successfully litigated numerous cases against truck and bus companies, the Washington Metropolitan Area transit Authority, and other automobile owners. His law firm, in fact, has obtained the largest settlement ever in a personal injury case involving WMATA. Mr. Zambri has also been named a "Super Lawyer" by Super Lawyer magazine--a national publication that honors the top lawyers in America.
Mr. Zambri is regularly asked to give presentations to lawyers and businesses regarding product defects, automobile accident litigation, and safety improvements.
Mr. Zambri has authored an article regarding how automobile collision cases are evaluated. To read it, please click here.
To read an article published by one of Mr. Zambri's clients, who was injured in a tragic automobile collision, please click here.
Many Americans are killed or critically injured each year in vehicular collisions. If you want more information about your legal rights, please email Mr. Zambri at szambri@reganfirm.com or call him at 202-822-1899.
All-terrain vehicle are fun, but they can be very dangerous if defective or misused. According to the Consumer Product Safety Commission, BRP U.S. Inc has recalled several all-terrain vehicles because the "dynamic power steering can fail, resulting in the sudden loss of steering control. This poses a risk of injury or death to riders."
If you own one of these ATVs, please stop using it immediately, and do not allow anyone access to it.
The following is an itemization of the recalled models:
Model Name
Model Number
Color
Can-Am® OUTLANDER™
XT 4X 800EFI
Yellow, Viper Red, Camo
Can-Am® OUTLANDER™
MAX XT 4X 800EFI
Yellow, Viper Red, Camo
Can-Am® OUTLANDER™
MAX LTD 4X 800EFI
Yellow, Viper Red, Camo
Can-Am® OUTLANDER™
MAX XT 4X 650EFI
Yellow, Viper Red, Camo
Can-Am® OUTLANDER™
XT 4X 500EFI
Yellow, Viper Red, Camo
Can-Am® OUTLANDER™
MAX XT 4X 500EFI
Yellow, Viper Red, Camo
Can-Am® OUTLANDER™
XT-P 4X 800EFI
Black
Can-Am® OUTLANDER™
MAX XT-P 4X 800EFI
Black
Can-Am® OUTLANDER™
XT-P 4X 650EFI
Black
Can-Am® OUTLANDER™
MAX XT-P 4X 650EFI
Black
Can-Am® OUTLANDER™
XT-P 4X 500EFI
Black
Can-Am® OUTLANDER™
MAX XT-P 4X 500EFI
Black
Can-Am® OUTLANDER™
MAX LTD 4X 500EFI
Yellow, Viper Red, Camo
Can-Am® OUTLANDER™
XT 4X 650EFI
Yellow, Viper Red, Camo
Can-Am® RENEGADE™
XXC 4X 800EFI
Black
For additonal information, you can contact BRP toll-free at (888) 638-5397 between 8 a.m. and 6 p.m. ET Monday through Friday, or visit their website: www.can-am.brp.com
About the author:
Mr. Zambri is a Past-President of the Trial Lawyers Association of Metropolitan Washington, D.C. and has been rated by Washingtonian magazine as a "Big Gun" and among the "top 1%" of all lawyers in the Washington metropolitan area. The magazine also describes him as "one of Washington's best--most honest and effective lawyers" whose practice is dedicated to representing people in catastrophic personal injury matters, including serious truck and car collisions. He has successfully litigated numerous cases against distracted drivers of buses, tractor-trailers, other trucks, and cars. Mr. Zambri's firm has also obtained the largest settlement ever in a case involving the Washington Metropolitan Area Transit Authority. Mr. Zambri has also been named a "Super Lawyer" by Super Lawyer magazine (March/April 2009 and 2010)--a national publication that honors the top lawyers in America.
Mr. Zambri has authored an article regarding how automobile collision cases are evaluated. To read it, please click here.
Many Americans are killed or critically injured each year in vehicular collisions. If you want more information about your legal rights, please email Mr. Zambri at szambri@reganfirm.com or call him at 202-822-1899.
Protect children from falling televisions. The AP (12/14) reported, "Studies suggest that the number of children killed or injured by falling television has risen even as more consumers replace their clunky old TVs with lighter flat screens." The CPSC "says more than 80 of the 180 furniture-related deaths from 2000 to 2006 involved televisions. And the number rose over the years."
Here's what you can do:
place your TV in a location that children cannot reach
if wall-mounting a TV, have it done professionally, so the TV is secure to the wall
if in a cabinet, be sure the cabinet is sturdy and cannot tip over
if on a stand, secure stand to a wall or the ground, and be sure TV is secured to stand
Read instructions carefully if putting together a stand, wall-mount, cabinet, etc. If parts are missing or damages, don't use product.
Be safe.
About the author:
Mr. Zambri is a Past-President of the Trial Lawyers Association of Metropolitan Washington, D.C. and has been rated by Washingtonian magazine as a "Big Gun" and among the "top 1%" of all lawyers in the Washington metropolitan area. The magazine also describes him as "one of Washington's best--most honest and effective lawyers" who specializes in personal injury matters, including product liability, medical malpractice, and automobile accident claims. Mr. Zambri has also been named a "Super Lawyer" by Super Lawyer magazine (March/April 2009)--a national publication that honors the top lawyers in America.
Mr. Zambri was sought after to publish a chapter regarding product liability litigation in Aspatore Books - a company that is touted as "the largest and most exclusive publisher of C-1 Level executives (CEO, CFO, CTO, CMO, Partner) from the world's most respected companies and law firms." To read Mr. Zambri's publication, entitled "Constantly Preparing To Win", please click here.
If you have any questions about your legal rights, please email Mr. Zambri at szambri@reganfirm.com or call him at 202-822-1899.
According to the FDA, "Unilever United States, Inc., in cooperation with the U.S. Food and Drug Administration (FDA), is conducting a nationwide voluntary recall of all Slim-Fast® ready-to-drink (RTD) products in cans, due to the possibility of contamination with Bacillus cereus, a micro-organism, which may cause diarrhea and possibly nausea and/or vomiting."
"The recall involves allSlim-Fast® RTD products in cans, regardless of flavor, Best-By date, lot code or UPC number." Therefore, please do not use any of these products.
If you have purchased Slim-Fast ready-to-drink products in cans, you are urged to throw them out immediately. You are also encouraged to contact the company at 1-800-896-9479 for a full refund.
About the author:
Mr. Zambri is a Past-President of the Trial Lawyers Association of Metropolitan Washington, D.C. and has been rated by Washingtonian magazine as a "Big Gun" and among the "top 1%" of all lawyers in the Washington metropolitan area. The magazine also describes him as "one of Washington's best--most honest and effective lawyers" who specializes in personal injury matters, including product liability, medical malpractice, and automobile accident claims. Mr. Zambri has also been named a "Super Lawyer" by Super Lawyer magazine (March/April 2009)--a national publication that honors the top lawyers in America.
Mr. Zambri was sought after to publish a chapter regarding product liability litigation in Aspatore Books - a company that is touted as "the largest and most exclusive publisher of C-1 Level executives (CEO, CFO, CTO, CMO, Partner) from the world's most respected companies and law firms." To read Mr. Zambri's publication, entitled "Constantly Preparing To Win", please click here.
If you have any questions about your legal rights, please email Mr. Zambri at szambri@reganfirm.com or call him at 202-822-1899.
The Consumer Product Safety Commission (CPSC)recalled more than 50 million Roman-style blinds and roll up blinds due to the risk of strangulation. About five million Roman shades and about three million roll-up blinds are sold each year.
According to the recall notice, "Consumers that have Roman or roll-up shades in their homes should contact the WCSC immediately at www.windowcoverings.org or by calling (800) 506-4636 anytime to receive a free repair kit. To help prevent child strangulation in window coverings, CPSC and the WCSC urge parents and caregivers to follow these guidelines:
Examine all shades and blinds in the home. Make sure there are no accessible cords on the front, side, or back of the product. CPSC and the WCSC recommend the use of cordless window coverings in all homes where children live or visit.
Do not place cribs, beds, and furniture close to the windows because children can climb on them and gain access to the cords.
Make loose cords inaccessible.
If the window shade has looped bead chains or nylon cords, install tension devices to keep the cord taut."
NBC Nightly News (12/15, lead story, Williams) reported, "The federal government reached about as far into American homes as they possibly could today and they did it right through the windows. They are also telling all of us it's for our own good. Today they launched one of the largest product recalls in American history."
CBS Evening News (12/15, story by Couric) reported, "More than 50 million Roman-style shades and rollup blinds are being recalled because their cords can strangle a child. In fact, since 2001, eight children have died after their necks got caught in the cords of these shades and blinds."
ABC World News (12/15, story by Gibson) reported that the recall "is causing big confusion. Consumers calling the recall hotline today heard an automated message offering repair kits for blinds that are not part of the recall. And the confusion continued at stores."
In a story appearing on at least 332 news websites, the AP (12/15) reported, "The Consumer Product Safety Commission said five deaths and 16 near-strangulations from Roman shades have been reported since 2006, while three deaths connected to roll-up blinds have been reported since 2001." The commission "and the industry urged parents to examine all shades and blinds in the home and make sure they have no accessible cords." Several major retailers, "including Wal-Mart, JCPenney and Pottery Barn, are also participating in the recall."
CNNMoney.com (12/15, Yousuf) reported, "CPSC said it is working with the Window Covering Safety Council, an industry trade group, to provide repair kits for Roman shades and roll-up blinds sold at retailers." The repair "will eliminate the cord from the Roman shades and instead provide rings for consumers to install." The Wall Street Journal (12/16, Trottman) also covered the story.
If you or a family member believe that you have a case involving death or injury caused by an unsafe product or the unsafe acts of someone else, please email me or call me directly at 202-822-1875 for a free consultation.
About the author:
Catherine Bertram is board certified in civil trials and was recently nominated as a 2010 Super Lawyer for Washington, D.C. Ms. Bertram has 20 years of trial experience. She is a partner with the firm and devotes her practice to the representation of individuals and the families of loved ones who have been injured or lost due to unsafe devices or the negligence of others. Ms. Bertram lives with her family in Washington, D.C. She can be reached by email at cbertram@reganfirm.com or by phone 202-822-1875 in her D.C. office.
The Milwaukee Business Journal (12/10) reported, "Harley-Davidson Inc. is recalling 111,569 motorcycles manufactured from June 6, 2008, through Nov. 19, 2009, because of a threat of gasoline leaking in the event of a frontal collision. The recall affects some 2009 and 2010 touring bikes, including CVO Touring and Trike products, according to information from the National Highway Traffic Safety Administration." The federal agency "said the motorcycles' front fuel tank mounts may distort as a result of a front-end crash, creating the potential for fuel to leak and ignite after a crash."
According to the recall, dealers will make repairs to the motorcycles free-of-charge. Consumer can call Harley-Davidson at (414) 343-4056 for more information.
This defect is obviously extremely dangerous. If you own a motorcycle that ha been recalled, please do not use it again until it has been properly repaired or replaced. I represent many victims of automobile defects, and the consequences of those defects can be devastating.
Please be safe.
About the author:
Mr. Zambri is a Past-President of the Trial Lawyers Association of Metropolitan Washington, D.C. and has been rated by Washingtonian magazine as a "Big Gun" and among the "top 1%" of all lawyers in the Washington metropolitan area. The magazine also describes him as "one of Washington's best--most honest and effective lawyers" who specializes in personal injury matters, including serious truck and car collisions. He has successfully litigated numerous cases against truck and bus companies, the Washington Metropolitan Area transit Authority, and other automobile owners. His law firm, in fact, has obtained the largest settlement ever in a personal injury case involving WMATA. Mr. Zambri has also been named a "Super Lawyer" by Super Lawyer magazine (March/April 2009)--a national publication that honors the top lawyers in America.
Mr. Zambri is regularly asked to give presentations to lawyers and businesses regarding product defects, automobile accident litigation, and safety improvements.
Mr. Zambri has authored an article regarding how automobile collision cases are evaluated. To read it, please click here.
To read an article published by one of Mr. Zambri's clients, who was injured in a tragic automobile collision, please click here.
Many Americans are killed or critically injured each year in vehicular collisions. If you want more information about your legal rights, please email Mr. Zambri at szambri@reganfirm.com or call him at 202-822-1899.
The Consumer Product Safety Commission (CPSC) announced the recall of about 24,000 baby hammocks following the deaths of two infants. According to the CPSC, babies can become trapped and could suffocate against the sides of the mesh and fabric Amby Baby Motion Beds. The beds are made by Amby Baby USA. The recall covers one model of the bed sold online and at other retailers since 2003. The hammock-like beds were marketed to parents of fussy babies with colic or reflux.
The Consumer Product Safety Commission reported that the side-to-side shifting or tilting of the hammock can cause an infant to roll and become trapped or wedged against the hammock's fabric or mattress pad, posing a suffocation risk.
While consumers can request a repair kit from the company, according to the Amby Baby's website, the kit will be available "soon as possible, but not earlier than January 2010." Of course, parents should not use the hammock in the meantime.
If you or a family member believe that you have a case involving death or injury caused by an unsafe product or the unsafe acts of someone else, please contact email me or call me directly at 202-822-1875 for a free consultation.
About the author:
Catherine Bertram is board certified in civil trials and was recently nominated as a 2010 Super Lawyer for Washington, D.C. Ms. Bertram has 20 years of trial experience. She is a partner with the firm and devotes her practice to the representation of individuals and the families of loved ones who have been injured or lost due to unsafe devices or the negligence of others. Ms. Bertram lives with her family in Washington, D.C. She can be reached by email at cbertram@reganfirm.com or by phone 202-822-1875 in her D.C. office.
I have been posting a lot about toy safety recently, and I began to think that it would be useful to put together a list of some good websites where you can go to learn more about toy safety. The Consumer Product Safety Commission (CPSC) is a federal agency that publishes product recalls and permits consumers to lodge complaints about unsafe toys. A list of recalled toys can also be found at www.Recalls.gov.
In addition to government sites, there are several private entities that track product defects and test for product safety. Here are some examples:
Obviously, no governmental or private entity can inspect all toys. Therefore, manufacturers must take all steps necessary to be sure their products are safe before they are pushed into the marketplace for profit. Companies must put people over profits.
When purchasing toys, please remember:
children should not be given toys intended for older people
beware of toys with small parts that can be swallowed
beware of toys that have sharp edges
beware of toys that emit heat
be sure toys do not have missing or damaged parts
We wish you a safe and happy holiday season.
About the author:
Mr. Zambri is a Past-President of the Trial Lawyers Association of Metropolitan Washington, D.C. and has been rated by Washingtonian magazine as a "Big Gun" and among the "top 1%" of all lawyers in the Washington metropolitan area. The magazine also describes him as "one of Washington's best--most honest and effective lawyers" whose practice is dedicated to representing people in catastrophic personal injury matters, including product liability, medical malpractice and automobile accident claims. Mr. Zambri has also been named a "Super Lawyer" by Super Lawyer magazine (March/April 2009)--a national publication that honors the top lawyers in America.
Mr. Zambri was sought after to publish a chapter regarding product liability litigation in Aspatore Books - a company that is touted as "the largest and most exclusive publisher of C-1 Level executives (CEO, CFO, CTO, CMO, Partner) from the world's most respected companies and law firms." To read Mr. Zambri's publication, entitled "Constantly Preparing To Win", please click here.
If you have any questions about your legal rights, please email Mr. Zambri at szambri@reganfirm.com or call him at 202-822-1899.
The AP reported, "Two infant deaths have led to the recall of about 24,000 Amby Baby Motion Beds -- hammocklike beds marketed to parents of fussy babies with colic or reflux. The Consumer Product Safety Commission said Tuesday that the side-to-side shifting or tilting of the hammock can cause an infant to roll and become trapped or wedged against the hammock's fabric or mattress pad, posing a suffocation risk." According to the manufacturer's website, Amby indicates that it plans to offer a free repair kit, 'but not earlier than January 2010.'"
CNNMoney.com reported that the Consumer Product Safety Commission (CPSC) "said Amby Baby is aware that the bed caused the death of a 4-month old girl in Lawrenceville, Ga. and a 5-month-old boy in Gresham, Ore. this summer."
This recall is the latest in a string of baby beds and cribs that have been recalled this year alone. I was recently asked by FOX TV to give an interview about crib/baby-bed defects. Some important things I urge you to remember:
don't put together a bed with missing or broken parts
periodically inspect the crib/bed for bending, breaking, etc.
check the manufacturer's website, as well as the CPSC's website for recalls or consumer complaints
if experiencing a problem with the crib/bed, stop using it immediately
If you have any questions at all, please don't hesitate to contact me.
About the author:
Mr. Zambri is a Past-President of the Trial Lawyers Association of Metropolitan Washington, D.C. and has been rated by Washingtonian magazine as a "Big Gun" and among the "top 1%" of all lawyers in the Washington metropolitan area. The magazine also describes him as "one of Washington's best--most honest and effective lawyers" whose practice is dedicated to representing people in catastrophic personal injury matters, including product liability and automobile accident claims. Mr. Zambri has also been named a "Super Lawyer" by Super Lawyer magazine (March/April 2009)--a national publication that honors the top lawyers in America.
Mr. Zambri was sought after to publish a chapter regarding product liability litigation in Aspatore Books - a company that is touted as "the largest and most exclusive publisher of C-1 Level executives (CEO, CFO, CTO, CMO, Partner) from the world's most respected companies and law firms." To read Mr. Zambri's publication, entitled "Constantly Preparing To Win", please click here.
If you have any questions about your legal rights, please email Mr. Zambri at szambri@reganfirm.com or call him at 202-822-1899.
As the holidays draw closer, there are news stories and articles about unsafe toys which raise potential risks for lead poisoning for our community's children. Of all the safety hazards for young children, this is one of the most preventable kinds. Tragically, almost 1 million children in the United States have elevated levels of lead in their blood. Below, I have summarized points from the American Academy of Pediatrics regarding lead screening for children. Click here for the entire fact sheet.
How can children be exposed to too much lead?
Children less than 6, can be exposed if they get lead dust from old paint on their hands or toys and then put their hands in their mouths;
Breathe lead dust from old paint;
Eat old paint chips from paint that contained lead;
Drink water from pipes lined with lead.
If you are renting in DC, you can click here to learn more about your rights to a lead free living space.
Once the lead enters to the child's body, it travels through the blood stream and can be stored in the bones. Very high levels of lead can cause problems such as,
Developmental delays
Hearing loss
Seizures and coma
Kidney problems
Anemia
Growth problems
In some cases where the child ingests a large amount, you may see immediate vomiting, headaches, stomach pain or weakness. If you see these sudden changes get the child medical help immediately and explain what the child may have been exposed to.
Most children with high lead levels do not show obvious signs until they reach school age. It may show up and be mistaken for learning disabilities or behavioral problems when it is really the lead.
The AP (12/7) reported, "Cars made by Toyota registered far more complaints about sudden acceleration in its 2008 model-year vehicles than any other automaker, a new study has found. Toyota and Lexus vehicles received 41 percent of all consumer complaints to a federal database about runaway acceleration, more than Chrysler, General Motors, Honda and Nissan combined, analysis by Consumer Reports found."
Earlier this year, Toyota recalled approximately 4.26 million vehicles following some crashes that killed operators and passengers of their vehicles. Toyota claims to be taking corrective action. The AP report notes, "A Los Angeles Times review found that 19 people have died in sudden acceleration accidents involving Toyota vehicles since the 2002 model year, more than all other automakers combined. In addition, the Times found that complaints of sudden acceleration increased dramatically after the automaker began replacing mechanical throttles with electronic throttle systems in the 2002 model year." Obviously, others have been serious injured.
We hope that Toyota gets to the bottom of its product defect swiftly so that no other person is exposed to the serious danger it presents. If you own a Toyota, we encourage you to get your vehicle inspected, especially if you have encountered a sudden acceleration or other unusual problem.
About the author:
Mr. Zambri is a Past-President of the Trial Lawyers Association of Metropolitan Washington, D.C. and has been rated by Washingtonian magazine as a "Big Gun" and among the "top 1%" of all lawyers in the Washington metropolitan area. The magazine also describes him as "one of Washington's best--most honest and effective lawyers" who specializes in personal injury matters, including serious truck and car collisions. He has successfully litigated numerous cases against truck and bus companies, the Washington Metropolitan Area transit Authority, and other automobile owners. His law firm, in fact, has obtained the largest settlement ever in a personal injury case involving WMATA. Mr. Zambri has also been named a "Super Lawyer" by Super Lawyer magazine (March/April 2009)--a national publication that honors the top lawyers in America.
Mr. Zambri is regularly asked to give presentations to lawyers and businesses regarding product defects, automobile accident litigation, and safety improvements.
Mr. Zambri has authored an article regarding how automobile collision cases are evaluated. To read it, please click here.
To read an article published by one of Mr. Zambri's clients, who was injured in a tragic automobile collision, please click here.
Many Americans are killed or critically injured each year in vehicular collisions. If you want more information about your legal rights, please email Mr. Zambri at szambri@reganfirm.com or call him at 202-822-1899.
We wish you all a safe and happy holiday season. When buying toys for children, please be careful. According to a recent report--"Trouble in Toyland"--by the U.S. Public Interests Research Group, dangerous toys are stocked on store shelves throughout the country. In particular, toy manufacturers are still producing toys that create dangerously loud sounds, toys with high levels of lead, and toys with small parts.
The consumer advocacy group’s 24th annual “Trouble in Toyland” survey is worth a read, as it provides safety guidelines and highlights currently sold toys that, according to the group, pose serious safety threats to children.
The Santa Ynez Valley Journal remarks, "The report comes in the wake of the Consumer Product Safety Improvement Act, which, effective February, increased the range of products that require testing and certification, set lower limits for the lead content in children’s products and requires that manufacturers have a tracking label that contains a cautionary statement regarding choking hazards. The new sweeping legislation was spurred by public outcry after 2007."
The new legislation was long overdue, and it has already made a meaningful impact. Just consider the risks. Only one dose of lead can cause a child to suffer permanent physical and mental deficits. It can even be fatal. Loud noises can cause permanent hearing loss, often gradually and without pain, making the hazard difficult to detect. And small parts on toys are obvious choking hazards, yet many products still fail to include proper warning labels.
When purchasing toys, choose wisely. Happy holidays.
About the author:
Mr. Zambri is a Past-President of the Trial Lawyers Association of Metropolitan Washington, D.C. and has been rated by Washingtonian magazine as a "Big Gun" and among the "top 1%" of all lawyers in the Washington metropolitan area. The magazine also describes him as "one of Washington's best--most honest and effective lawyers" who specializes in personal injury matters, including product liability and automobile accident claims. Mr. Zambri has also been named a "Super Lawyer" by Super Lawyer magazine (March/April 2009)--a national publication that honors the top lawyers in America.
Mr. Zambri was sought after to publish a chapter regarding product liability litigation in Aspatore Books - a company that is touted as "the largest and most exclusive publisher of C-1 Level executives (CEO, CFO, CTO, CMO, Partner) from the world's most respected companies and law firms." To read Mr. Zambri's publication, entitled "Constantly Preparing To Win", please click here.
If you have any questions about your legal rights, please email Mr. Zambri at szambri@reganfirm.com or call him at 202-822-1899.
The end-of-year holiday season is a joyous time of the year for most people. Unfortunately, tragic things inevitable happen to some people each year. We wish you a peaceful, happy, and safe holiday season. With that in mind, please keep these helpful hints in mind as you celebrate.
1) If placing a Christmas tree in your home, be sure it is not near a used fireplace, by a vent, or next to any other heat source.
2) Be sure all light strands are intact, without wire fray.
3) Never drive after drinking alcohol.
4) Never get in a car when the driver has had alcoholic drinks.
5) Question the driver of a car before getting in a vehicle to be sure the driver has had no alcoholic beverages.
6) Shut lights off before going to bed.
7) Be sure fire in fireplace has been completely put out before going to bed.
For more holiday safety tips, go to the U.S. Fire Administration's website by clicking here.
Have a very happy holiday season!
About the author:
Mr. Zambri is a Past-President of the Trial Lawyers Association of Metropolitan Washington, D.C. and has been rated by Washingtonian magazine as a "Big Gun" and among the "top 1%" of all lawyers in the Washington metropolitan area. The magazine also describes him as "one of Washington's best--most honest and effective lawyers" who specializes in personal injury matters, including serious truck and car collisions, as well as product defect cases, and burn injury claims. Mr. Zambri has also been named a "Super Lawyer" by Super Lawyer magazine (March/April 2009)--a national publication that honors the top lawyers in America.
Mr. Zambri has authored an article regarding how automobile collision cases are evaluated. To read it, please click here.
Many Americans are killed or critically injured each year in vehicular collisions and fires. If you want more information about your legal rights, please email Mr. Zambri at szambri@reganfirm.com or call him at 202-822-1899.
CNNMoney.com reports that the Consumer Product Safety Commission (CPSC) recently recalled 2.1 million cribs, citing defective hardware that can cause children to suffocate. The federal agency "said parents should immediately stop using Stork Craft drop-side cribs, which are made by Stork Craft Manufacturing Inc., of British Columbia, Canada," according to the report. The recall includes about 150,000 Stork Craft drop-side cribs that have a Fisher-Price logo on them, announced the CPSC.
The CPSC has warned that the cribs' drop-side can become detached unexpectedly, creating a gap between the crib wall and the mattress, in which a child can get trapped and either fall or suffocate. The report indicates that there "have been 110 documented incidents of drop-side detachment, including 67 in the United States and 43 in Canada. Among those, four resulted in suffocation and 20 resulted in falls that caused injuries ranging from concussion to bumps and bruises."
This is the second time cribs manufactured by Stork Craft have been recalled. Earlier this year, 535,000 were recalled due to safety concerns.
Many retailers sold the recalled cribs, including: BJ's Wholesale Club, J.C. Penney, Kmart, Meijer, Sears (SHLD, Fortune 500), USA Baby, and Wal-Mart (WMT, Fortune 500) stores and online at Amazon.com (AMZN, Fortune 500), Babiesrus.com, Costco.com, Target.com (TGT, Fortune 500), and Walmart.com from January 1993 through October 2009.
Please do not use these cribs. If you have one in your home, disassemble it immediately.
About the author:
Mr. Zambri is a Past-President of the Trial Lawyers Association of Metropolitan Washington, D.C. and has been rated by Washingtonian magazine as a "Big Gun" and among the "top 1%" of all lawyers in the Washington metropolitan area. The magazine also describes him as "one of Washington's best--most honest and effective lawyers" who specializes in personal injury matters, including product liability and automobile accident claims. Mr. Zambri has also been named a "Super Lawyer" by Super Lawyer magazine (March/April 2009)--a national publication that honors the top lawyers in America.
Mr. Zambri was sought after to publish a chapter regarding product liability litigation in Aspatore Books - a company that is touted as "the largest and most exclusive publisher of C-1 Level executives (CEO, CFO, CTO, CMO, Partner) from the world's most respected companies and law firms." To read Mr. Zambri's publication, entitled "Constantly Preparing To Win", please click here.
If you have any questions about your legal rights, please email Mr. Zambri at szambri@reganfirm.com or call him at 202-822-1899.
The website of KSL-TV of Salt Lake City reports that more than 640,000 pacifiers have been recalled because they pose potentially fatal choking hazards. According to the report, "The U.S. Consumer Product Safety Commission announced on Wednesday a voluntary recall of 641,000 'Bobby Chupete' pacifiers." The government "says there is a choking hazard because the pacifiers' mouth guards are too small."
We urge our readers to immediately stop using these pacifiers and to take them away from children. Do not leave them in any place where they can be obtained by children either.
About the author:
Mr. Zambri is a Past-President of the Trial Lawyers Association of Metropolitan Washington, D.C. and has been rated by Washingtonian magazine as a "Big Gun" and among the "top 1%" of all lawyers in the Washington metropolitan area. The magazine also describes him as "one of Washington's best--most honest and effective lawyers" who specializes in personal injury matters, including product liability and automobile accident claims. Mr. Zambri has also been named a "Super Lawyer" by Super Lawyer magazine (March/April 2009)--a national publication that honors the top lawyers in America.
Mr. Zambri was sought after to publish a chapter regarding product liability litigation in Aspatore Books - a company that is touted as "the largest and most exclusive publisher of C-1 Level executives (CEO, CFO, CTO, CMO, Partner) from the world's most respected companies and law firms." To read Mr. Zambri's publication, entitled "Constantly Preparing To Win", please click here.
If you have any questions about your legal rights, please email Mr. Zambri at szambri@reganfirm.com or call him at 202-822-1899.
Marketwatch recently reported that "Toyota Motor Corp. will make changes to gas pedals in certain U.S. models under an agreement with the U.S. National Highway Traffic Safety Administration, according to a published report, in response to accidents blamed on the accelerators getting stuck to the floor mats." Nevertheless, Toyota "still maintains that the vehicles are not actually defective. But to settle the potentially image-damaging issue, it will change the gas pedals so they are less likely to get stuck." Reuters covered the story as well.
We believe that it is important for Toyota to make the accelerator pedals as safe as possible. A stuck accelerator on one car is a serious defect on one car too many, as the lives of those in the car, others driving, and nearby pedestrians are at stake. The goal should always be to put people over profits. We are pleased that safety modifications will be made.
To read another of my blog's about a Toyota recall, please click here.
About the author:
Mr. Zambri is a Past-President of the Trial Lawyers Association of Metropolitan Washington, D.C. and has been rated by Washingtonian magazine as a "Big Gun" and among the "top 1%" of all lawyers in the Washington metropolitan area. The magazine also describes him as "one of Washington's best--most honest and effective lawyers" who specializes in personal injury matters, including serious truck and car collisions. He has successfully litigated numerous cases against truck and bus companies, the Washington Metropolitan Area transit Authority, and other automobile owners. His law firm, in fact, has obtained the largest settlement ever in a personal injury case involving WMATA. Mr. Zambri has also been named a "Super Lawyer" by Super Lawyer magazine (March/April 2009)--a national publication that honors the top lawyers in America.
Mr. Zambri has authored an article regarding how automobile collision cases are evaluated. To read it, please click here.
Many Americans are killed or critically injured each year in vehicular collisions. If you want more information about your legal rights, please email Mr. Zambri at szambri@reganfirm.com or call him at 202-822-1899.
The U.S. Consumer Product Safety Commission (CPSC) announced a recall of approximately 610,000 Halloween flashlights due to a burn hazard. Consumers are advised to stop using the product immediately and return it to any Target store for a complete refund. We have reproduced the CPSC recall notice in its entirety for our readers.
NEWS from CPSC
U.S. Consumer Product Safety Commission
Office of Information and Public Affairs Washington, DC 20207
FOR IMMEDIATE RELEASE
October 28, 2009
Release # 10-026 Firm's Recall Hotline: (800) 440-0680
CPSC Recall Hotline: (800) 638-2772
CPSC Media Contact: (301) 504-7908 Halloween Flashlights Sold Exclusively at Target Recalled Due to Burn Hazard
WASHINGTON, D.C. - The U.S. Consumer Product Safety Commission, in cooperation with the firm named below, today announced a voluntary recall of the following consumer product. Consumers should stop using recalled products immediately unless otherwise instructed.
Name of Product: Halloween Flashlights
Units: About 610,000
Importer: Target, of Minneapolis, Minn.
Manufacturer: DGI LLC, of Warren, N.J. and Tien Hsing, of Wanchai, Hong Kong
Hazard: The flashlights can overheat and melt, posing a burn hazard to consumers.
Incidents/Injuries: The firm has received eight reports of flashlights overheating and melting, including one report of burns to the hand.
Description: This recall involves two types of Halloween-themed flashlights: the mini flashlights and flashlights sold with stencils.
Mini Flashlights - The mini flashlights have a key ring extending from the bottom and were sold in a pack of three colors: orange, green and black. The orange and purple packaging has “Mini Flashlights (3 Pack)” printed on the front and “DGI”, “Made in China” and “DPCI# 234-02-1813” printed on the back.
Standard Size Flashlights - Also included in the recall are standard sized flashlights with a black handle and an orange top. The flashlights were sold with six stencils in various colors and images: a pumpkin, ghost, spider, cat, witch and skull & cross-bones. “Flashlight with Stencil” is printed on the front and “Tien Hsing,” “Made in China” and ”234 02 1838” is printed on the back of the packaging.
Sold exclusively at: Target stores nationwide from August 2009 through September 2009 for $1 for the mini flashlights and $2.50 for the flashlights with stencils.
Manufactured in: China
Remedy: Consumer should immediately stop using the flashlights and return the product to any Target store for a full refund.
Consumer Contact: For additional information, contact Target at (800) 440-0680 between 7 a.m. and 6 p.m. CT Monday through Friday, or visit the firm’s Web site at www.target.com
Picture of Recalled Halloween Mini Flashlights Picture of Recalled Halloween Standard Size Flashlight
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CPSC is still interested in receiving incident or injury reports that are either directly related to this product recall or involve a different hazard with the same product. Please tell us about it by visiting https://www.cpsc.gov/cgibin/incident.aspx
The U.S. Consumer Product Safety Commission is charged with protecting the public from unreasonable risks of serious injury or death from thousands of types of consumer products under the agency's jurisdiction. The CPSC is committed to protecting consumers and families from products that pose a fire, electrical, chemical, or mechanical hazard. The CPSC's work to ensure the safety of consumer products - such as toys, cribs, power tools, cigarette lighters, and household chemicals - contributed significantly to the decline in the rate of deaths and injuries associated with consumer products over the past 30 years.
To report a dangerous product or a product-related injury, call CPSC's Hotline at (800) 638-2772 or CPSC's teletypewriter at (301) 595-7054. To join a CPSC e-mail subscription list, please go to https://www.cpsc.gov/cpsclist.aspx. Consumers can obtain recall and general safety information by logging on to CPSC's Web site at www.cpsc.gov.
Product recalls or warnings take place every day in this country. They relate to drugs that cause initially unexpected health problems, cars that have faulty systems that endanger lives, foods that have been found to be contaminated, etc. What may surprise you, though, is how often companies know about dangers, but do nothing to protect the public so as to maximize profits.
The American Association for Justice has published a report that contains true stories about corporations that despite knowing about their products dangers, nevertheless continued to market them in an effort to pad profits. Here are some examples, according to the publication:
"• A company that discovers its medical device is little more than a bomb
waiting to go off in people's hearts... and decides not to tell anyone.
• A pharmaceutical company that discovers that its drug causes severe side
effects in pediatric patients... and then spends hundreds of millions of
dollars marketing to children.
• A company that discovers its bulletproof vests are defective... and then sells
them anyway to be worn by law enforcement, the military, and the President
of the United States.
• A company that discovers rodent droppings are contaminating its food
products... and then orders them re-cooked and sold anyway.
• A car company that discovers that if it does not spend $11 per car to fix a
defect, hundreds of people will be horribly burned... and decides it would be
cheaper to let them burn."
The report notes that these stories are not isolated. Such corporate continues in America today, just as it has for decades past. One might wonder how it was determined that the companies acted so egregiously. How were Americans ultimately protected from such greed? The civil justice system. Injured victims went to attorneys who did the hard work necessary to go up against the Goliath corporations to unearth their wrongdoing. As a result, changes were made, and people were no longer exposed to the dangers.
I am proud to be an attorney that specializes in personal injury matters, including product liability claims. It is very gratifying to be able to help innocent people who have been terribly injured as a result of corporate greed. Not only am I able to help the individual client, but the changes that come about as a result of our work protect Americans everywhere. Hopefully, corporations will learn that putting profits over people is a bad business plan.
About the author:
Mr. Zambri is a Past-President of the Trial Lawyers Association of Metropolitan Washington, D.C. and has been rated by Washingtonian magazine as a "Big Gun" and among the "top 1%" of all lawyers in the Washington metropolitan area. The magazine also describes him as "one of Washington's best--most honest and effective lawyers" who specializes in personal injury matters, including product liability and automobile accident claims. Mr. Zambri has also been named a "Super Lawyer" by Super Lawyer magazine (March/April 2009)--a national publication that honors the top lawyers in America.
Mr. Zambri was sought after to publish a chapter regarding product liability litigation in Aspatore Books - a company that is touted as "the largest and most exclusive publisher of C-1 Level executives (CEO, CFO, CTO, CMO, Partner) from the world's most respected companies and law firms." To read Mr. Zambri's publication, entitled "Constantly Preparing To Win", please click here.
If you have any questions about your legal rights, please email Mr. Zambri at szambri@reganfirm.com or call him at 202-822-1899.
Halloween is fun--one of the best days of the year for many kids and families. All too often, though, kids are seriously injured while "trick or treating". I urge you to take reasonable precautions so that the day can be remembered as a joyous one.
"Treats: Warn children not to eat any treats before an adult has carefully examined them for evidence of tampering.
Flame Resistant Costumes: When purchasing a costume, masks, beards, and wigs, look for the label Flame Resistant. Although this label does not mean these items won't catch fire, it does indicate the items will resist burning and should extinguish quickly once removed from the ignition source. To minimize the risk of contact with candles or other sources of ignition, avoid costumes made with flimsy materials and outfits with big, baggy sleeves or billowing skirts.
Costume Designs: Purchase or make costumes that are light and bright enough to be clearly visible to motorists.
For greater visibility during dusk and darkness, decorate or trim costumes with reflective tape that will glow in the beam of a car's headlights. Bags or sacks should also be light colored or decorated with reflective tape. Reflective tape is usually available in hardware, bicycle, and sporting goods stores.
To easily see and be seen, children should also carry flashlights.
Costumes should be short enough to prevent children from tripping and falling.
Children should wear well-fitting, sturdy shoes . Mother' s high heels are not a good idea for safe walking.
Hats and scarfs should be tied securely to prevent them from slipping over children's eyes.
Apply a natural mask of cosmetics rather than have a child wear a loose-fitting mask that might restrict breathing or obscure vision. If a mask is used, however, make sure it fits securely and has eyeholes large enough to allow full vision.
Swords, knives, and similar costume accessories should be of soft and flexible material.
Pedestrian Safety: Young children should always be accompanied by an adult or an older, responsible child. All children should WALK, not run from house to house and use the sidewalk if available, rather than walk in the street. Children should be cautioned against running out from between parked cars, or across lawns and yards where ornaments, furniture, or clotheslines present dangers.
Choosing Safe Houses: Children should go only to homes where the residents are known and have outside lights on as a sign of welcome.
Children should not enter homes or apartments unless they are accompanied by an adult.
People expecting trick-or-treaters should remove anything that could be an obstacle from lawns, steps and porches. Candlelit jack-o'-lanterns should be kept away from landings and doorsteps where costumes could brush against the flame. Indoor jack-o'-lanterns should be kept away from curtains, decorations, and other furnishings that could be ignited."
If you have further questions about product safety, you can call the U.S . Consumer Product Safety Commission's toll-free hotline on (800) 638-2772. If hearing impaired, you may use TTY (301) 595-7054.
All of us at RZL wish you a safe and happy holiday.
About the author:
Mr. Zambri is a Past-President of the Trial Lawyers Association of Metropolitan Washington, D.C. and has been rated by Washingtonian magazine as a "Big Gun" and among the "top 1%" of all lawyers in the Washington metropolitan area. The magazine also describes him as "one of Washington's best--most honest and effective lawyers" who specializes in personal injury matters, including product liability and automobile accident claims. Mr. Zambri has also been named a "Super Lawyer" by Super Lawyer magazine (March/April 2009)--a national publication that honors the top lawyers in America.
Mr. Zambri was sought after to publish a chapter regarding product liability litigation in Aspatore Books - a company that is touted as "the largest and most exclusive publisher of C-1 Level executives (CEO, CFO, CTO, CMO, Partner) from the world's most respected companies and law firms." To read Mr. Zambri's publication, entitled "Constantly Preparing To Win", please click here.
If you have any questions about your legal rights, please email Mr. Zambri at szambri@reganfirm.com or call him at 202-822-1899.
Over the last year, the American Association for Justice (AAJ) has fought to reverse the Bush administration's legacy of complete immunity preemption, pushed to end forced arbitration and advanced the rights of all Americans to hold wrongdoers accountable. This highlights video shows AAJ's accomplishments in promoting the civil justice system as shown in the media.
National Fire Protection Week is officially from October 4 through October 10, 2009, according to the National Fire Protection Association (NFPA). It is a great time to think about fire prevention and protection, but these issues demand year-round focus.
One of NFPA's slogans is "Stay Fire Smart! Don’t Get Burned". It is to the point and worth remembering. The association gives the following simple examples of how to be "fire smart":testing the water before putting a child in the bath and wearing short or close-fitting sleeves when cooking on the stove-top.
For more information about fire prevention and protection, please visit the NFPA website by clicking here.
I have represented many people who have been seriously injured or killed as a result of fires caused by the recklessness of others, including property owners and managers, as well as the negligence of manufacturers of defective products. We encourage property owners and managers to be sure their fire alarm and smoke detector systems are in excellent working condition. It's a matter of life and death.
Be safe.
About the author:
Mr. Zambri is a Past-President of the Trial Lawyers Association of Metropolitan Washington, D.C. and has been rated by Washingtonian magazine as a "Big Gun" and among the "top 1%" of all lawyers in the Washington metropolitan area. The magazine also describes him as "one of Washington's best--most honest and effective lawyers" who specializes in personal injury matters, including serious burn injuries. Mr. Zambri has also been named a "Super Lawyer" by Super Lawyer magazine (March/April 2009)--a national publication that honors the top lawyers in America.
Many Americans are killed or critically injured each year as a result of fires. If you want more information about your legal rights, please email Mr. Zambri at szambri@reganfirm.com or call him at 202-822-1899.
According to an AP report, "Toyota Motor Corp. said Tuesday it will recall 3.8 million vehicles in the United States, the company's largest-ever U.S. recall, to address problems with a removable floor mat that could cause accelerators to get stuck and lead to a crash." The auto-manufacturer said it was "still working with officials with the National Highway Traffic Safety Administration (NHSA) to find a remedy to fix the problem and said owners could be notified about the recall as early as next week." The NHTSA said it "had received reports of 102 incidents in which the accelerator may have become stuck on the Toyota vehicles involved."
Forbes reported that this recall "followed a horrific crash last month in San Diego in which a mat was suspected of snagging a gas pedal on a runaway Lexus, ending with a fiery crash that killed four family members. A minute before the crash, the driver called police to say the car had no brakes and the accelerator was stuck. The runaway car was doing more than 120 mph when it hit a sport-utility vehicle, launched off an embankment, rolled several times and burst into flames."
I represent many victims of product defects. Dangerous products can cause serious and sometimes fatal injuries. We encourage manufacturers to take the time necessary to properly and fully evaluate their products before they are placed into the market. Public safety must trump profits.
About the author:
Mr. Zambri is a Past-President of the Trial Lawyers Association of Metropolitan Washington, D.C. and has been rated by Washingtonian magazine as a "Big Gun" and among the "top 1%" of all lawyers in the Washington metropolitan area. The magazine also describes him as "one of Washington's best--most honest and effective lawyers" who specializes in personal injury matters, including serious truck and car collisions. He has successfully litigated numerous cases against truck and bus companies, the Washington Metropolitan Area transit Authority, and other automobile owners. His law firm, in fact, has obtained the largest settlement ever in a personal injury case involving WMATA. Mr. Zambri has also been named a "Super Lawyer" by Super Lawyer magazine (March/April 2009)--a national publication that honors the top lawyers in America.
Mr. Zambri has authored an article regarding how automobile collision cases are evaluated. To read it, please click here.
Many Americans are killed or critically injured each year in vehicular collisions. If you want more information about your legal rights, please email Mr. Zambri at szambri@reganfirm.com or call him at 202-822-1899.
As a new school year gets underway, President Obama launched a major back-to-school campaign today aimed at keeping kids in the classroom. The U.S. Consumer Product Safety Commission's (CPSC) new Chairman Inez Tenenbaum carried the President's message to South Carolina where she met with students and faculty at Rosewood Elementary School in Columbia.
Tenenbaum, a former South Carolina State Superintendent of Education, brings a strong focus to CPSC on educating and informing children and consumers across the nation about product safety. She released CPSC's "Back to School Safety Checklist" and urged parents and schools to use it to create a safer school environment for children.
"It just takes a moment for a child to be seriously injured or even killed riding a bicycle, playing on the playground, using a movable soccer goal, wearing a jacket with a drawstring or by a recalled product," said Tenenbaum. "Let's keep kids in the classroom and out of the emergency room. Parents and school officials should make it a priority to check for hazards at home and at school."
William Branigin and Martin Weil of the Washington Post report that a 25-year veteran worker for WMATA was killed yesterday when he was struck by a piece of track equipment, known as a ballast regulator, near the Vienna station on the Orange Line.
According to the report, the long-time Metro employee "was working with a crew replacing cross ties when he was hit by a ballast regulator, a piece of equipment that rides on the rails, Metro spokeswoman Lisa Farbstein said early Monday. The equipment deposits and spreads the stone or gravel known as ballast upon which the cross ties and rails rest, particularly in outdoor parts of the system. The ballast provides drainage and stability."
The cause of the incident that took the life of the employee is not presently clear, although an investigation is underway. When incidents like this take place, the family is entitled to certain death benefits pursuant to the Workers' Compensation Act, but other benefits may be available as well depending on what persons or entities are at fault for the occurrence.
This is a very difficult time for the the family of the wonderful man that died prematurely. Our thoughts and prayers are with them.
About the author:
Mr. Zambri has been rated by Washingtonian magazine as a "Big Gun" and among the "top 1%" of all lawyers in the Washington metropolitan area. The magazine also describes him as "one of Washington's best--most honest and effective lawyers" who specializes in personal injury matters, including work-accident cases. He has successfully litigated multiple cases against truck and bus companies, the Washington Metropolitan Area transit Authority, and other automobile owners. His law firm, in fact, has obtained the largest settlement ever in a personal injury case involving WMATA. Mr. Zambri has also been named a "Super Lawyer" by Super Lawyer magazine (March/April 2009)--a national publication that honors the top lawyers in America.
Mr. Zambri has authored an article regarding how automobile collision cases are evaluated. To read it, please click here.
Many Americans are killed or injured each year in vehicular collisions. If you want more information about your legal rights, please email Mr. Zambri at szambri@reganfirm.com or call him at 202-822-1899.
Congressional hearings took place yesterday that were focused on multiple reports that found that the Environmental Protection Agency (EPA) regulates tap-water more carefully than the Food and Drug Administration (FDA) does bottled water. According to the Wall Street Journal(7/9, Zhang), "The Food and Drug Administration, which oversees the $11.2 billion" bottled water industry, "doesn't keep track of companies that produce bottled water and doesn't require companies to report positive tests for contaminants, federal officials told a House hearing Wednesday. Consumer advocates testified before the Energy and Commerce Committee's oversight and investigations panel that bottlers should be required to disclose more information to consumers."
The report further noted that Joshua M. Sharfstein, FDA Principal Deputy Commissioner, "testified that the agency regulates bottled water as a food and doesn't know which companies among registered food firms make bottled water. Moreover, he said, the FDA has limited power to require more information on labels, and he put in a pitch for legislation that would boost the FDA's funding and authority for food safety." A similar report can be found in the New York Times (7/9, Fuller).
Unfortunately, the FDA does not have the resources to adequately evaluate the safety of medicines and products. An FDA approval by no means assures that the product or medicine approved is actually safe. Be careful before using any product and always speak with your doctor before taking any medication.
About the author:
Mr. Zambri has been rated by Washingtonian magazine as a "Big Gun" and among the "top 1%" of all lawyers in the Washington metropolitan area. The magazine also describes him as "one of Washington's best--most honest and effective lawyers" who specializes in personal injury matters, including medical malpractice actions. He has also been named a "DC Super Lawyer" by Super Lawyer magazine (March/April 2009)--a national publication that honors the top lawyers in America. Our firm has experience pursuing cases for patients that involve tragic medical errors, including the failure to properly inform patients of abnormal test results. If you need a patient advocate, we recommend that you read an article about medical malpractice claims authored by senior partner Salvatore Zambri.
If you want more information about your legal rights, please email Mr. Zambri at szambri@reganfirm.com or call him at 202-822-1899.
Five days before last week's deadly Metro crash, Metro employees replaced a component of the rail system known as a Wee-Z bond, a device that keeps trains at a safe distance apart, said WMATA's Rail Chief, Dave Kubicek. Yesterday, transit officials confirmed that the device malfunctioned, and no one at Metro detected the problem, according to a report by Lena Sun and Lyndsey Layton of the Washington Post. The report comments that investigators and transit officials commented yesterday that the circuitry malfunctioned and no one at Metro detected the problem.
The rail system is supposed to be fail-safe. Yesterday's revelations put Metro's maintenance workers in the spotlight. The hazard should have been discovered before the June 22 tragedy that killed 9 and injured at least 80 others.
According to the Post report, "Transit officials would not say yesterday whether they believe the malfunction was a result of faulty equipment or poor installation, citing the investigation by the National Transportation Safety Board."
The track circuit at issue "fluttered", according to Kubicek. One moment it would detect a train, and then the train would "disappear". He added that "Metro did not realize that there was problem until officials began examining data after the accident."
Metro is now replacing many of the system's Wee-Z bonds because they are "approaching the end of their usefulness," according to David Couch, who leads Metro's infrastructure projects.Of course, this raises the question: Why weren't they replaced earlier? We know that at least one was well beyond its usefulness, unless it was incorrectly installed or maintained.
About the author:
Mr. Zambri has been rated by Washingtonian magazine as a "Big Gun" and among the "top 1%" of all lawyers in the Washington metropolitan area. The magazine also describes him as "one of Washington's best--most honest and effective lawyers" who specialize in personal injury matters. He has successfully litigated multiple cases against truck and bus companies, the Washington Metropolitan Area transit Authority, and other automobile owners. His law firm, in fact, has obtained the largest settlement ever in a personal injury case involving WMATA. He has also been named a "Super Lawyer" by Super Lawyer magazine. Mr. Zambri has authored an article regarding how automobile collision cases are evaluated. To read it, please click here.
Many Americans are killed or injured each year in vehicular collisions. If you want more information about your legal rights, please email Mr. Zambri at szambri@reganfirm.com or call him at 202-822-1899.
Lena Sun and Lyndsey Layton of the Washington Post reported today that federal investigators confirmed that WMATA personnel attempted to replace a component of the signaling system of the tracks only five days before last week's tragic collision. According to the report, federal investigators commented that following the attempted repair work, "the control system circuitry that is designed to prevent crashes did not perform properly."
The horrible crash took place on June 22. According to the statement issued by the National Transportation Safety Board, a track circuit in the crash area "periodically lost its ability to detect trains after June 17"--five days before the collision. What WMATA did to test the system and why trains were permitted to operate while the system was defective are issues that must be addressed. My firm represents victims and their families, and we will determine what errors caused what has been the most horrific Metro accident in its 33-year history.
About the author:
Mr. Zambri has been rated by Washingtonian magazine as a "Big Gun" and among the "top 1%" of all lawyers in the Washington metropolitan area. The magazine also describes him as "one of Washington's best--most honest and effective lawyers" who specialize in personal injury matters. He has successfully litigated multiple cases against truck and bus companies, the Washington Metropolitan Area transit Authority, and other automobile owners. His law firm, in fact, has obtained the largest settlement ever in a personal injury case involving WMATA. He has also been named a "Super Lawyer" by Super Lawyer magazine. Mr. Zambri has authored an article regarding how automobile collision cases are evaluated. To read it, please click here.
Many Americans are killed or injured each year in vehicular collisions. If you want more information about your legal rights, please email Mr. Zambri at szambri@reganfirm.com or call him at 202-822-1899.
As you may have heard, lawyers have already filed lawsuits stemming from the recent tragic crash involving two Metro-trains on the red-line. My firm represents injured victims and their families, but we have not yet filed suit for several reasons. For one, the Nation's capital is in mourning still. Some time should pass before litigation begins. Second, investigations are continuing and we are unearthing more and more relevant evidence. Third, families and victims have gone through enough. It seems to me that working with WMATA to resolve cases fairly and effectively is a better approach than running to the courthouse. If a fair resolution cannot be achieved, then the courthouse is thankfully available so justice can be obtained.
My firm has secured the largest settlement in WMATA's 33 -year history. Perhaps it is due to our firm's reputation that allows us to resolve cases with large truck companies and entities like WMATA instead of filing suit so quickly. A resolution saves a client money, time, and emotional anguish. Early resolution--if possible--should be every attorney's goal in any case. Of course, again, if the defendant proves to be unreasonable, a lawyer should have the resources and experience to fight for full justice. Because defendants recognize that my firm has the resources necessary to litigate catastrophic cases and that we are always prepared to litigate cases aggressively, they more often than not want to settle cases with us early on, and on terms favorable to our clients.
About the author:
Mr. Zambri has been rated by Washingtonian magazine as a "Big Gun" and among the "top 1%" of all lawyers in the Washington metropolitan area. The magazine also describes him as "one of Washington's best--most honest and effective lawyers" who specialize in personal injury matters. He has successfully litigated multiple cases against truck and bus companies, the Washington Metropolitan Area transit Authority, and other automobile owners. His law firm, in fact, has obtained the largest settlement ever in a personal injury case involving WMATA. He has also been named a "Super Lawyer" by Super Lawyer magazine. Mr. Zambri has authored an article regarding how automobile collision cases are evaluated. To read it, please click here.
Many Americans are killed or injured each year in vehicular collisions. If you want more information about your legal rights, please email Mr. Zambri at szambri@reganfirm.com or call him at 202-822-1899.
Trucks account for only 3% of the vehicles on our roadways, yet they are involved in 12 percent of all crash fatalities. According to a Public Citizen report, "Every year, about 5,000 people die and over 100,000 people are injured in large truck crashes."
Congress is now considering taking action--action that is long overdue. Specifically, Congress is working on legislation that would limit or curb truck sizes and weights. Experts have acknowledged that the larger the truck, the more likely it is to kill or cause serious injuries. Increased weights and sizes also lead to greater infrastructure damage to our roads and bridges. And, of course, bigger trucks emit more toxic pollution into our environment.
We encourage you to visit Public Citizens' website and contact your representatives in Congress, encouraging them to limit the weight and size of trucks. It will lead to greater safety and public health.
About the author:
Mr. Zambri has been rated by Washingtonian magazine as a "Big Gun" and among the "top 1%" of all lawyers in the Washington metropolitan area. The magazine also describes him as "one of Washington's best--most honest and effective lawyers" who specialize in personal injury matters. He has successfully litigated multiple cases against truck and bus companies, the Washington Metropolitan Area transit Authority, and other automobile owners. His law firm, in fact, has obtained the largest settlement ever in a personal injury case involving WMATA. He has also been named a "Super Lawyer" by Super Lawyer magazine. Mr. Zambri has authored an article regarding how automobile collision cases are evaluated. To read it, please click here.
Many Americans are killed or injured each year in vehicular collisions. If you want more information about your legal rights, please email Mr. Zambri at szambri@reganfirm.com or call him at 202-822-1899.
According to a recent Washington Post article by Lyndsey Layton, Maria Glod and Lena Sun, "Federal investigators said yesterday that they found 'anomalies' in a key component of the electronic control system along the Metro track north of Fort Totten, suggesting that computers might have sent one Red Line train crashing into another." The report comments that a senior WMATA offcial has now come forward to state that "the computer system appeared to have faltered."
There is a 740-foot-long circuit near the crash which provides critical information, as well as authorization and speed commands to a following train. If defective, major incidents, like the one recently experienced, can occur. "If the train protection system is working as designed, when one train begins to enter the two-block buffer behind another, the computers automatically deploy the brakes on the second train and force it to stop," remarks the report.
Although a system failure may have occurred, investigators are still evaluating the conduct of the novice train operator who, unfortunately, lost her life in the crash, along with eight others.
Mr. Zambri has been rated by Washingtonian magazine as a "Big Gun" and among the "top 1%" of all lawyers in the Washington metropolitan area. The magazine also describes him as "one of Washington's best--most honest and effective lawyers" who specialize in personal injury matters. He has successfully litigated multiple cases against Metro and other automobile owners. His law firm, in fact, has obtained the largest settlement ever in a personal injury case involving WMATA. He has also been named a "Super Lawyer" by Super Lawyer magazine. Mr. Zambri has authored an article regarding how automobile collision cases are evaluated. To read it, please click here.
Many Americans are killed or injured each year in vehicular collisions. If you want more information about your legal rights, please email Mr. Zambri at szambri@reganfirm.com or call him at 202-822-1899.
Earlier this week, the nation’s capital experienced the deadliest Metrorail collision in WMATA’s 33 year history. Numerous lives have been lost, and dozens of other have been seriously and permanently injured. The victims of this tragedy and their families deserve justice. The civil justice system in parts of our country, however, does not always allow for justice.
The Washington Metropolitan Area Transit Authority (WMATA) is the creation of a compact between the District of Columbia, Maryland and Virginia. If the Metro collision had taken place just a few thousand feet north in Maryland, the ability of those harmed and killed to receive fair compensation for their harms and losses would have been severely compromised.
Last year, the Maryland Court of Appeals issued a ruling, establishing that claims against WMATA are akin to claims against Maryland counties. Those claims are limited to merely $200,000.00--a shocking low and patently unfair amount. And if it is determined that another entity (like a sub-contractor) is responsible in part for the horrific crash, the claims against any such non-governmental entity will have a non-economic (pain, anguish, suffering, etc.) limitation of merely $650,000.00.
With respect to the claims against Maryland counties, the $200,000.00 per person limitation includes both economic losses and non-economic damages. The economic losses alone caused by the deaths and severe injuries of others will far exceed $200,000.00. And that does not even begin to compensate the victims for the extreme fright, physical pain, and mental anguish that they endured or will continue to endure for the rest of their lives.
The arbitrary limitation that applies to non-governmental entities is also unjust. Telling a spouse or a child (or a father or mother) that the impact of a lost loved one amounts to merely $650,000.00 is offensive. I represent a woman and her three daughters concerning a Maryland automobile accident claim that took the lives of her husband of 25 years and her only son, who was merely 14 years old. Needless to say, her dreams have been shattered and her life, and the lives of her 3 daughters, have been turned upside-down. The days and months immediately following the collision were unimaginably hard on the family. Even now, every day is a struggle emotionally, and the stresses and fears about the future are overwhelming.
It is un-American for our system to protect wrongdoers with artificial limitations to the great detriment of the innocent victims who are forced to endure the repercussions of the tragedies for the remainder of their lives. Consider this: In my case, the one who caused the accident--a person who drove over 100 mph into oncoming traffic, who struck my clients’ vehicle head-on, and who was drunk at the time of the crash--is protected by Maryland's illogcal damages limitation, while the surviving family members are stripped of any rights to full compensation. Why protect the reckless and harm the victims, the very ones who are left to deal with the horrible consequences of the crash? Common sense tells us we should be doing better as a country when such injustice can be allowed to exist in an American civil justice system.
My thoughts and prayers go out to all those who were injured in the Metrorail collision. No form of compensation can fully compensate those who have been killed or those who have suffered serious permanent injuries. There is some solace in knowing that at least the laws of the District of Columbia do not artificially limit recoveries. Judges and juries are able to evaluate the facts of each case separately and provide a full cup of justice without regard to special interest groups who seek to impose limits on recoveries in an effort to put profits over people.
Mr. Zambri has been rated by Washingtonian magazine as a "Big Gun" and among the "top 1%" of all lawyers in the Washington metropolitan area. The magazine also describes him as "one of Washington's best--most honest and effective lawyers" who specialize in personal injury matters. He has successfully litigated multiple cases against Metro and other automobile owners. His law firm, in fact, has obtained the largest settlement ever in a personal injury case involving WMATA. He has also been named a "Super Lawyer" by Super Lawyer magazine. Mr. Zambri has authored an article regarding how automobile collision cases are evaluated. To read it, please click here.
Many Americans are killed or injured each year in vehicular collisions. If you want more information about your legal rights, please email Mr. Zambri at szambri@reganfirm.com or call him at 202-822-1899.
Lena H. Sun and Lyndsey Layton of the Washington Post reports that federal officials have announced that "[t]he operator of the Metro train that slammed into a stationary train in front of it apparently had activated the emergency brakes in a failed effort to stop before the accident."
The emergency brake activator is known as the "mushroom," and sources say that it was depressed at the time of the collision. When before the crash the brakes were actually engaged has not yet been determined. What seems apparent, though, is that the train was in "automatic mode" and should have automatically stopped without operator intervention.
The report states that "experts say these facts point to several possible scenarios: The operator activated the brakes too late; the computers that are supposed to stop a train from getting too close to another train faltered; the train's brakes failed; or some combination of those. Some passengers on the striking train have said that they never felt the train slow down."
Although WMATA offcials are suggesting that there is no evidence of driver error or system signal errors, it is clear that this terrible event was avoidable and would not have happened but for carelessness.
And although WMATA officials maintain that the train cars are safe, "federal investogators consider the cars to be unsafe because of a tendency during a crash to collapse into one another like a telescope, reducing the 'survivability' space, or the area in a car in which passengers can escape harm," comments the Post report.
Mr. Zambri has been rated by Washingtonian magazine as a "Big Gun" and among the "top 1%" of all lawyers in the Washington metropolitan area. The magazine also describes him as "one of Washington's best--most honest and effective lawyers" who specialize in personal injury matters. He has successfully litigated multiple cases against Metro and other automobile owners. His law firm, in fact, has obtained the largest settlement ever in a personal injury case involving WMATA. He has also been named a "Super Lawyer" by Super Lawyer magazine. Mr. Zambri has authored an article regarding how automobile collision cases are evaluated. To read it, please click here.
Many Americans are killed or injured each year in vehicular collisions. If you want more information about your legal rights, please email Mr. Zambri at szambri@reganfirm.com or call him at 202-822-1899.
According to a recent Washington Post article, city officials announced today that the Metro train that collided into another yesterday "was two months past due for scheduled maintenance on its brakes, and the car was an older model that federal officials had recommended be replaced because of concerns about its safety in a crash." The authors of the article, Lena H. Sun, Lyndsey Layton and David A. Fahrenthold, reported that the death toll is now up to nine, making it the deadliest incident in WMATA's 33 year history.
Making matters worse, a National Transportation Safety Board spokesperson confirmed that the train did not have data recorders, which would have detailed the movements of the train prior to the violent collision.
The Post report also commented that "a federal official said that the car was an older model, of a kind that Metro had been advised to replace because of concerns about how it would stand up in a collision. Metro did not do so, its leaders said, because they believed it would be too costly and complicated. Instead, they made some improvements to the trains' braking systems and emergency exits."
It seems that WMATA was putting profits over people in failing to do what was both needed and recommended. Although the cause of the crash is still officially under investigation, it is clear that driver error and system failures are the likely causes.
Officials have identified all of the dead, according ot the Post report, including "Jeanice MacMillan, 42, of Springfield, was the operator of the striking train. The rest were passengers: retired Maj. Gen. David F. Wherley Jr., who headed the D.C. National Guard, and his wife Ann Wherley, both 62; Lavonda King, 23; Veronica DuBose, 29; Cameron Williams, 37; Dennis Hawkins, 64; Mary Doolittle, 59, and Ana Fernandez." Our thoughts and prayers go out to the families of the deceased and to all who endured this tragic crash.
Mr. Zambri has been rated by Washingtonian magazine as a "Big Gun" and among the "top 1%" of all lawyers in the Washington metropolitan area. The magazine also describes him as "one of Washington's best--most honest and effective lawyers" who specialize in personal injury matters. He has successfully litigated multiple cases against Metro and other automobile owners. His law firm, in fact, has obtained the largest settlement ever in a personal injury case involving WMATA. He has also been named a "Super Lawyer" by Super Lawyer magazine. Mr. Zambri has authored an article regarding how automobile collision cases are evaluated. To read it, please click here.
Many Americans are killed or injured each year in vehicular collisions. If you want more information about your legal rights, please email Mr. Zambri at szambri@reganfirm.com or call him at 202-822-1899.
Washington Metropolitan Area Transit Authority (commonly referred to as WMATA) is a quasi-governmental entity created through a compact between the District of Columbia, Virginia, and Maryland governments. This Authority is responsible for the rail service and bus service in the Washington-DC area. When system failures and operator errors cause serious injuries, those that have been harmed need to retain an attorney who is an expert in both handling personal injury matters and in dealing with WMATA in particular.
Metro train derailments and collisions are caused by a variety of reasons, including system failure, defective equipment, operator errors, excessive speeds and other reasons. A lawyer must thoroughly investigate all potential causes of the incident in order to properly advance a claim. The attorney chosen by a victim must be keenly familiar with the standard operating procedures of WMATA. Without this institutional knowledge, the injured person (or family of the deceased) cannot be effectively represented.
WMATA is not insured by an independent insurance company; rather, it is self-insured. As a self-insured entity, WMATA is responsible for paying claims on its own. In order to effectively prosecute a claim, the attorney for the injured person should have extensive experience dealing with WMATA’s risk-management department and legal counsel. The attorney must also have the resources necessary to litigate the case.
Our firm has obtained the largest settlement ever on behalf of a person injured by WMATA's carelessness. Our reputation, experience, and integrity are what allow us to pursue claims so effectively. The more serious the injury, the more important it is to secure the advice and guidance of a respected and competent attorney.
Mr. Zambri has been rated by Washingtonian magazine as a "Big Gun" and among the "top 1%" of all lawyers in the Washington metropolitan area. The magazine also describes him as "one of Washington's best--most honest and effective lawyers" who specializes in personal injury matters. He has successfully litigated multiple cases against Metro and other automobile owners. He has also been named a "Super Lawyer" by Super Lawyer magazine. Mr. Zambri has authored an article regarding how automobile collision cases are evaluated. To read it, please click here.
Many Americans are killed or injured each year in vehicular collisions. If you want more information about your legal rights, please email Mr. Zambri at szambri@reganfirm.com or call him at 202-822-1899.
The Magnuson-Moss Warranty Act is a federal law that protects buyers from any product that has a value over $25 and a written warranty. The requirements and guidelines established by the law are to protect customers who buy products that have written warranties. Since its adoption, it has protected and helped victims of faulty and defective products. For consumers, the Magnuson-Moss Warranty Act allows them to get complete information about warranty terms and conditions up front, as well as learn what limitations or conditions may apply to their purchases.
According to NIOSH, "Based on well-documented associations between occupational exposures and cancer, it is estimated that approximately 20,000 cancer deaths and 40,000 new cases of cancer each year in the U.S. are attributable to occupation." The report comments that studies don eon animals make it clear that millions of Americans are exposed to carcinogens in the workplace environment.
"A person's risk of developing a particular cancer is influenced by a combination of factors that interact in ways that are not fully understood. Some of the factors include:
Personal characteristics such as age, sex, and race
Family history of cancer
Diet and personal habits such as cigarette smoking and alcohol consumption
The presence of certain medical conditions
Exposure to cancer-causing agents in the environment
Exposure to cancer-causing agents in the workplace
In many cases, these factors may act together or in sequence to cause cancer."
It is important for employers to take reasonable steps to be sure employees are not exposed to chemicals that can cause serious injuries of death.
Our firm has experience pursing cases for injured workers. If you think you have been injured at work, we encourage you to read a handbook published by senior partner Salvatore Zambri.
For information about your legal rights, please click here or contact us at Regan Zambri & Long, PLLC at 202-463-3030.
The AP reports that "Consumers are being urged to immediately stop wearing a certain type of chenille robe made by Blair LLC due to a fire hazard that is believed to have killed at least six people." This recall followed reports of six deaths that resulted from the robes catching-on-fire, comments the report.
The robes were made in Pakistan and are constructed with chenille. They were "sold in Blair catalogs and on the company Web site, as well as Blair stores in Warren, Pa., Grove City, Pa., and Wilmington, Del., from January 2003 through March 2009. Consumers may return the robe to Blair and receive a refund or a $50 gift card by contacting the company at (877) 392-7095 between 9 a.m. and 9 p.m. ET Monday through Saturday, via the firm's Web site at www.blair.com/recall, or by e-mail at blairproductrecall(at)blair.com."
Our firm has experience pursing cases for children and adults who have been harmed by defective products. If you think you have been injured by a defective product, we encourage you to read a portion of a book regarding products liability authored by senior partner Salvatore Zambri.
For information about your legal rights, please click here or contact us at Regan Zambri & Long, PLLC at 202-463-3030.
A recent $2.3 million civil penalty was agreed to by Matell, Inc. and Fisher-Price Toys for importing and selling toys with excessive levels of lead. According to the news release issued by the Consumer Product Safety Commission (CPSC), the penalty was part of a settlement for knowingly violating a 30-year-old federal ban on lead paint in toys.
"These highly publicized toy recalls helped spur congressional action last year to strengthen CPSC and make even stricter the ban on lead paint on toys," said the commission's acting chairman Thomas Moore. "This penalty should serve notice to toy makers that CPSC is committed to the safety of children."
"Today's settlement announcement by the U.S. CPSC resolves Mattel's outstanding issues with the agency related to certain matters that arose in 2007," Mattel said. "Mattel promptly took a series of steps after discovering compliance issues with some of our toys at that time.
"We were able to effectively minimize any potential concerns by launching a fast-track recall of the affected product in conjunction with the CPSC and other global regulatory agencies, and by taking several steps to enhance our product compliance protocols and procedures to confirm that every Mattel toy is safe for children to enjoy," Mattel said. Fisher-Price referred calls to Mattel.
We have previously written to you about the dangers of bisphenol A (BPA)--a chemical used often in baby-bottles and other hard-plastic products, including food containers. Medical News Today reports that BPA poses dangers to women as well.
According to the report, a team of U.S. scientists suggested that BPA "may harm the heart, particularly in women, because of what they discovered in tests on female rats and mice." The studies revealed that "exposure to BPA or estrogen or both made the hearts of female rats and mice behave abnormally."
Other studies have linked BPA to a variety of health problems, including neurological defects and diabetes, as well as breast and prostate cancer.
We encourage you to carefully choose which products you purchase and aim to buy only those products that pose no health-risk at all.
Our firm has experience pursing cases for children and adults who have been harmed by defective products. If you think you have been injured by a defective product, we encourage you to read a portion of a book regarding products liability authored by senior partner Salvatore Zambri.
For information about your legal rights, please click here or contact us at Regan Zambri & Long, PLLC at 202-463-3030.
Under the bill, federal judges would be restricted from sealing documents or settlements without making specific factual findings that the secrecy order would not harm the public's interest in disclosure of information relevant to health or safety.
According to testimony, "Tens of thousands of Americans, if not hundreds of thousands, have been killed or seriously injured by defective products that manufacturers are aware of, but the public is not," because they manage to seal sensitive documents in court.
"When you sue a manufacturer and request records, they insist on a protective order before they produce any internal documents that they assert are trade secret. Unfortunately, in the real world, manufacturers use this protection to cover all documents."
Public Justice, a group that fights to open court documents, also testified, "Much of the civil litigation in this country is taking place in secret."
"Through protective orders, secret settlements and sealed court records, the public courts are being used by private parties to hide smoking-gun evidence of wrong-doing."
To view the full transcript of testimony by Public Justice, please click here.
Teenagers love to send text-messages. In fact, the average American teen sends and receives about 80 text messages per day--approximately 2,300 every month. What worries experts is the fact that these texts takes place while kids should be paying attention to their teachers, while they cross busy intersections, and even when they are driving. The New York Times reports that text-messaging is distracting teen-drivers, leading to an increased risk of car accidents. And if that's not scary enough, the report reveals that texting is believed to lead to adverse health issues concerning both physical and mental well-being.
Among other findings, researches have determined that texting causes “anxiety, distraction in school, falling grades, repetitive stress injury and sleep deprivation”, according to the Times report. From a social perspective, teens text often because they fear being “out of the loop,” says Michael Hausauer, psychotherapist in Oakland, California. However, the constant communication created by so much texting can make teenagers feel “frightened and overly exposed,” comments Mr. Hausauer. The repetitive thumb and finger movements can also cause a variety of musculoskeletal injuries, according to Peter W. Johnson, associate professor of environmental and occupational health sciences at the University of Washington.
To read the entire Times article, please click here.
We understand the usefulness of text-messaging, but we encourage our readers to impress upon teens the risks of over-texting. The dangers can be physical and emotional.
Our firm has experience pursuing cases for adults and children that involve tragic product defects. If you think you or your child has been injured by a defective product, we encourage you to read a portion of a book regarding products liability authored by senior partner Salvatore Zambri.
For information about your legal rights, please click here or contact us at Regan Zambri & Long, PLLC at 202-463-3030.
Earlier this spring, we informed our readers that Canada has restricted the production of plastic baby-bottles, containers, and cups manufactured with a chemical known as BPA, or bisphenol-A, which some experts say cause "breast, prostate and reproductive system abnormalities and some cancers." To read this earlier blog, please click here.
Although the US Food and Drug Administration (FDA) and the European Union both continued to say the chemical is safe despite what experts were advising, the AP reported yesterday that the FDA is reviewing its 2008 ruling that the "much-debated chemical . . . used in baby bottles and food containers, is safe for infants." Last year, the agency ruled that "trace amounts of" BPA "that leak out of bottles and food packaging are not dangerous," but the FDA's "own advisers faulted the report for relying on a small number of industry-sponsored studies." Meanwhile, "consumer advocates said it ignored dozens of animal studies suggesting the chemical can interfere with infant hormone levels" by mirroring "the effects of the hormone estrogen, potentially interfering with young, growing bodies." FDA spokesman Michael Herndon, commented that "the agency's chief scientist, Dr. Jesse Goodman, was recently asked to "take a fresh look at this important issue from a scientific and policy position." In a statement, Herndon said that Goodman "intends to review all the data, listen to people on all sides of this issue, and talk to experts inside and outside of the federal government." He added that the review will be completed in "weeks, not months".
We hope the FDA fulfills its promise and acknowledges the dangers of BPA. Infants and children are vulnerable and need protection.
We encourage you to carefully choose which products you purchase and aim to buy only those products that pose no health-risk at all.
Our firm has experience pursing cases for children and adults who have been harmed by defective products. If you think you have been injured by a defective product, we encourage you to read a portion of a book regarding products liability authored by senior partner Salvatore Zambri.
For information about your legal rights, please click here or contact us at Regan Zambri & Long, PLLC at 202-463-3030.
The Hill reports that "Consumer groups and trial lawyers are crying foul over the Obama administration's bankruptcy plans for General Motors and Chrysler" because "those plans would extinguish all ongoing auto accident claims that blame a death or serious injury on a defective GM or Chrysler vehicle." According to the report, Clarence Dilow, the executive director of the Center for Auto Safety, admits that "the plans are unusual in that they would prevent anyone from bringing a future liability claim against GM or Chrysler if a car already purchased from either company is defective and results in an accident causing death or serious injury." Mr. Dilow further stated that "it was...unusual for no money to be set aside for liability claims."
A New York Times blogger writes, "In approving the sale of most of Chrysler's assets to a new company, run by Fiat, over the weekend, Judge Arthur J. Gonzalez also granted the automaker's request that the new company not be held liable for future product-liability problems involving current owners" which "means people who own a Chrysler, Dodge or Jeep have lost their right to sue if they are injured by a safety defect." The article goes on to note that consumer groups are rightly concerned that "people who already have been injured in accidents and have filed suits against Chrysler, asserting that a vehicle had a safety defect" will not get any money from the carmaker even if they "win in court."
We believe that it is unfair and un-American to immunize these, or any, car-manufacturers from claims when they have carelessly caused serious injuries to innocent victims. The protections envisioned by the bankruptcy plans would prohibit motorists from bringing suits against the manufacturers when injured as a result of defective braking systems, ill-designed roof-systems, and other product defects.
Our firm has experience pursuing cases for adults and children that involve tragic product defects. If you think you or your child has been injured by a defective product, we encourage you to read a portion of a book regarding products liability authored by senior partner Salvatore Zambri.
For information about your legal rights, please click here or contact us at Regan Zambri & Long, PLLC at 202-463-3030.
According to the U.S. Consumer Product Safety Commission, more that 164,000 individuals are treated each year following injuries related to ladder accidents. CPSC provides safety tips to prevent ladder injuries:
"Make sure the weight your ladder is supporting does not exceed its maximum load rating (user plus materials). There should only be one person on the ladder at one time.
Use a ladder that is the proper length for the job. Proper length is a minimum of 3 feet extending over the roofline or working surface. The three top rungs of a straight, single or extension ladder should not be stood on.
Straight, single or extension ladders should be set up at about a 75-degree angle.
All metal ladders should have slip-resistant feet.
Metal ladders will conduct electricity. Use a wooden or fiberglass ladder in the vicinity of power lines or electrical equipment. Do not let a ladder made from any material contact live electric wires.
Be sure all locks on extension ladders are properly engaged.
The ground under the ladder should be level and firm. Large flat wooden boards braced under the ladder can level a ladder on uneven ground or soft ground. A good practice is to have a helper hold the bottom of the ladder.
Do not place a ladder in front of a door that is not locked, blocked or guarded.
Keep your body centered between the rails of the ladder at all times. Do not lean too far to the side while working.
Do not use a ladder for any purpose other than that for which it was intended.
Do not step on the top step, bucket shelf or attempt to climb or stand on the rear section of a stepladder.
Set up the ladder away from obstacles and on a solid surface;
Follow the recommended height for the ladder;
Use the ladder safely.
"Face the ladder while climbing and stay in the center of the rails. Grip both rails securely while climbing.
Do not lean over the side of the ladder. Your belt buckle should not be further than the side rail.
On single or extension ladders, never stand above the third rung from the top and never climb above the point where the ladder touches the wall or vertical support.
On stepladders, never stand on the paint shelf, spreaders or back section.
Never stand on the top rung of any ladder.
Do not overreach. It is safer to move the ladder to a new location when needed. Do not try to "jog" or "walk" the ladder to a new location while standing on it. Climb down and reposition the ladder.
Do not overload a ladder. It is meant to be used by only one person at a time.
Never use a ladder in high winds.
Do not use any ladder if you tire easily, are subject to fainting spells or are using medications or alcohol that make you dizzy or drowsy.
If Chrysler's bankruptcy is approved by Congress, owners of Chrysler, Jeep or Dodge vehicles may find themselves without the right to seek compensation for serious injuries caused by car defects. The New York Times has recently published an interesting article concerning this hot topic.
Under the proposed plan, Chrysler identified the obligations the new entity would assume and those it would leave behind. The proposed bankruptcy plan calls for the new Chrysler to honor existing new-car warranties. There is no promise, however, that it will be responsible for future product-liability suits brought by owners of vehicles sold before the automaker filed for bankruptcy.
As the article states: "[T]he Chrysler plan raises a question about why the new Chrysler, the successor to the old company, should be released from liability for product defects at the expense of consumers who may suffer future harm, said Norman I. Silber, a law professor at Hofstra University who specializes in consumer law.“Not only is there a moral claim to be made on behalf of consumers, but there is probably also a legal claim that it is not right,” Mr. Silber said.
Concerned consumer groups, such as Public Citizen, the Center for Auto Safety, Consumer Action, Consumers for Auto Reliability and Safety and the National Association of Consumer Advocates have begun to lobby against the bankruptcy plan.
Use established vendors and authorized retailers. Buy electrical products from reputable retailers who get their goods from legitimate distributors and authorized manufacturers. Avoid buying electrical products at flea markets or bargain warehouses.
Exercise caution in online transactions. Do your homework when conducting business online. Be especially wary of buying electrical products directly from unknown companies or unauthorized sellers, particularly in countries like China, where counterfeiting is a serious issue.
Check for certification marks. Quality electrical products sold in the United States should be certified by nationally recognized testing laboratories for safety. Look for certification marks from laboratories such as Underwriters Laboratory (UL), Canadian Standards Association (CSA) or Intertek (ETL-SEMKO).
Scrutinize labels and packaging. Product packaging and warning labels offer a valuable source of information. Make sure that labels and packaging are free of grammatical errors and that any information provided is consistent with information elsewhere on the package.
Avoid products that lack any identifying brand label or affiliation. Make sure that the name and contact information of the product manufacturer are clearly displayed on the packaging or the product. If this information is missing, then consider an alternative product or retailer.
Trust your instincts. Beware of bargains that seem too good to be true. Counterfeiters often skimp on materials and key-manufacturing steps to cut costs, allowing them to be sold at prices no genuine brand manufacturer can match.
Be proactive. Organizations such as the Consumer Product Safety Commission (CPSC) and Underwriters Laboratories (UL) provide up-to-date information about product recalls on their Web sites. Working together to promote education and awareness, we can help to prevent the devastating electrical injuries, fatalities, and fires that are being caused by counterfeit electrical products.
To learn more about the Electrical Safety Foundation International (ESFI) and counterfeit electrical products, visit www.electrical-safety.org."
The Consumer Product Safety Commission recently announced Hewlett-Packard is voluntarily recalling 70,000 lithium-ion batteries that shipped with several models of its HP and Compaq laptops. According to the CPSC, two separate reports of batteries that "overheated and ruptured, resulting in flames/fire that caused minor property damage" but no injuries.
The Associated Press (AP) reports that the Consumer Product Safety Commission (CPSC) and the Eddie Bauer company have recalled nearly "76,600 Eddie Bauer Soothe & Sway Play Yards, sold in the U.S. and Canada and distributed by Dorel Juvenile Group Inc., of Columbus, Ind., because of a suffocation hazard to an infant." (emphasis added). According to the recall, the play yard's "rocking bassinet" attachment has the propensity to tilt when secured by straps, causing it to stay tilted without returning to a level sleeping surface while the product is in its rocking mode. A tilted sleeping surface can cause an infant to roll and become wedged in the side or corner of the product, "presenting a risk of suffocation or positional asphyxiation," according to the report.
Although no deaths, thankfully, have been reported, Eddie Bauer and the CPSC have received ten reports of "infants rolling to one side, including 6 reports of infants who had their faces pressed against the side or the bottom of the bassinet," according to the report. "One child reportedly was turning purple and was out of breath when discovered."
Please note that the recall involves all units with model No. 05046, as well as all units with model No. 05044 which were manufactured prior to December 1, 2008. More details can be found at http://www.cpsc.gov.
Our firm has experience pursuing cases for children that involve tragic product defects. If you think your child has been injured by a defective product, we encourage you to read a portion of a book regarding products liability authored by senior partner Salvatore Zambri.
For information about your legal rights, please click here or contact us at Regan Zambri & Long, PLLC at 202-463-3030.
Mother Jones published a sad piece on the ineffectiveness of dangerous product recalls concerning unsafe cribs. Our firm has recently blogged about this issue as well.
A Mother Jonesinvestigation demonstrated that, too often, the recall system fails. "While manufacturers make use of their resources and marketing savvy to sell a crib, they do not always make the same effort later to tell consumers that the same crib could be deadly. The CPSC, the federal agency charged with overseeing recalls, can't make them. Underfunded, understaffed, and buffeted by political forces, the CPSC depends too heavily on the news media to warn consumers about potentially dangerous products."
Sadly, many children are harmed each year due to dangerous products. If you want more information about your legal rights, please click here or call the law firm of Regan Zambri & Long, PLLC at 202-463-3030. Also, please note the following important contact information concerning dangerous products:
The U.S. Consumer Product Safety Commission, in cooperation with the firm named below, today announced a voluntary recall of the following consumer product. We have reproduced the news release by CPSC in its entirety below.
News from CPSC
U.S. Consumer Product Safety Commission Office of Information and Public Affairs Washington, DC 20207 FOR IMMEDIATE RELEASE
March 10, 2009
Release # 09-145 Firm’s Recall Hotline: (866) 533-9817
CPSC Recall Hotline: (800) 638-2772
CPSC Media Contact: (301) 504-7908
Name of Product: Maytag®, Jenn-Air®, Amana®, Admiral®, Magic Chef®, Performa by Maytag® and Crosley® brand refrigerators
Units: About 1.6 million
Manufacturer: Maytag Corp., of Newton, Iowa
Hazard: An electrical failure in the relay, the component that turns on the refrigerator's compressor, can cause overheating and pose a serious fire hazard.
Incidents/Injuries: Maytag has received 41 reports of refrigerator relay ignition, including 16 reports of property damage ranging from smoke damage to extensive kitchen damage.
The leading cause of death among children in America is automobile collisions. "1,335 children ages 14 years and younger died as occupants in motor vehicle crashes, and approximately 184,000 were injured," according to the Centers for Disease Control (CDC). That's four deaths every single day. Many of these deaths, however, are preventable.
"Placing children in age– and size–appropriate car and booster seats reduces serious and fatal injuries by more than half," claims CDC, relying on data from the National Highway Transportation Safety Administration (NHTSA). Here's what is recommended:
Children ages 12 and younger should be in the back seat and properly restrained;
Your car (or booster) seat should be properly installed in accordance with both the instruction manual and your vehicle owner’s manual;
The car seat registration card should be sent to the manufacturer so that you can be contacted in the event of recalls; and
Car seats involved in collisions should be replaced.
Mr. Zambri authored an article regarding how automobile accident cases are evaluated. To read it, please click here.
Many Americans are killed or injured each year in traffic collisions. If you want more information about your legal rights, please click here or call the law firm of Regan Zambri & Long, PLLC at 202-463-3030.
More teens die from automobile collisions than any other cause. Motor vehicle crashes account for 36% of all teen deaths in the United States, according to the Centers for Disease Control (CDC). "In 2004, 4,767 teens ages 16 to 19 died of injuries caused by motor vehicle crashes (CDC 2006)." The CDC reports that teen drivers between ages 16 and 19 are four times more likely to crash than older drivers. This problem can be remedied, however.
Research relied upon by CDC suggests when the most strict and comprehensive graduated driver licensing (GDL) systems are used, fatal crashes are reduced by 38% and non-fatal crashes are reduced by 40%, when comparing 16 year old drivers. GDLs are designed to give teens practical and necessary experience under low-risk conditions, best preparing them for real-life, higher-risk conditions.
We encourage parents and guardians to insist on GDLs and use the basic principles of GDL to help teen drivers gain valuable experience before driving under high-risk conditions. It could be a matter of life and death.
Mr. Zambri authored an article regarding how automobile collision cases are evaluated. To read it, please click here.
Many Americans are killed or injured each year in traffic collisions. If you want more information about your legal rights, please click here or call the law firm of Regan Zambri & Long, PLLC at 202-463-3030.
CNN is reporting that President Obama has selected Inez Tenenbaum to head the Consumer Product Safety Commission (CPSC). Ms. Tenenbaum has recently served two terms as South Carolina's superintendent of education. It appears that Ms. Tenenbaum's top priority will be to protect children from being harmed by dangerous products.
CPSC's mission statement, as stated on its website, is the following:
"The U.S. Consumer Product Safety Commission is charged with protecting the public from unreasonable risks of serious injury or death from thousands of types of consumer products under the agency's jurisdiction. The CPSC is committed to protecting consumers and families from products that pose a fire, electrical, chemical, or mechanical hazard or can injure children. The CPSC's work to ensure the safety of consumer products - such as toys, cribs, power tools, cigarette lighters, and household chemicals - contributed significantly to the 30 percent decline in the rate of deaths and injuries associated with consumer products over the past 30 years."
OMB Watch, a government watchdog, has published an interesting blog concerning the National Highway Traffic Safety Administration's (NHTSA) new roof strength rule. The new rule requires stronger roofs in vehicles to prevent injuries to passengers involved in rollover crashes.
The good news: NHTSA's rule abandoned the Bush administration's plan to limit the rights of individuals to file lawsuits to seek compensation for serious injuries. The bad news: NHTSA is giving the auto industry until the year 2016 to be in full compliance. Auto manufacturers will have to begin applying the new standard starting in 2013.
Despite the delay, the new standard should greatly benefit persons traveling in automobiles. The new standard doubles the required strength for roofs. For additional information, please send us an email or call 202-463-3030.
As a follow up to our recent blog concerning the dangers of cribs manufactured by Jardine, the company has now announced a second recall. Jardine has now announced that 96,000 additional units should be taken off the shelves. 320,000 cribs were recalled in June of 2008 and 56,450 were recalled in January of 2009. The wooden crib slats can break which creates a gap which could cause a child to become trapped and strangled.
The additional recalls are the following:
Model #
Description
Date Code Between
0102B00
Drop-side Natural Olympia Single
9/2005-1/2007
0102E00
Drop-side Dark Pine Olympia Single
9/2005-1/2008
0302P00
Black Olympia Lifetime
11/2005-5/2008
0302C00
White Olympia Lifetime
6/2006-12/2006
0312D00
Americana Pecan 4-in-1
5/2006-11/2007
0308L00
Antique Walnut Capri 4-in-1
12/2005-11/2007
0108C00
Drop-side White Capri Single
8/2006-11/2007
If you or a loved one has any question concerning crib safety please call us at 202-463-3030 or email.
The American Association for Justice (AAJ) reported yesterday that a nation-wide pole of likely voters conducted by Lake Research Partners shows that Americans widely oppose corporations using mandatory binding arbitration clauses in the fine print of consumer and employment contracts. Such forced arbitration clauses are often buried in the fine print of contracts dealing with everything from cell phone, home, credit card and retirement account terms of agreement to employment and nursing home contracts. Corporations have forced consumers to sign mandatory arbitration clauses when taking a job, buying a product, or accepting a service, requiring consumers to give up their right to take their case to court if they are harmed by a corporation. Usually, consumers do not even know they are losing their rights because the arbitration clauses are never mentioned by corporations and the language is hidden deep within contracts in very fine print.
Lake Research Partners President Celinda Lake describes forced arbitration clauses as "another example of corporations taking advantage of ordinary Americans. The public supports the Arbitration Fairness Act because equal justice under the law is a core American value.” The Arbitration Fairness Act is receiving strong bipartisan support. The legislation should pass. If it does, forced arbitration clauses will be void, making the decision to arbitrate a voluntary decision to be made after a dispute has arisen, so corporations cannot manipulate the arbitration system to the detriment and expense of innocent consumers.
Many Americans are killed or injured each year by defective products, poor services, and otherwise wrongful corporate conduct. If you want more information about your legal rights, please click here or call the law firm of Regan Zambri & Long, PLLC at 202-463-3030.
As recently reported by Los Angeles Times reporter David Lazarus, regulators may know about safety issues, but getting information out of them is difficult. In 2006, Mega Brands, Inc. took over Rose Art Industries. One product acquired was Magnetix play sets, containing powerful magnets that could tear apart a child's intestines, if swallowed. After a child died after ingesting magnets from the play set, a subsequent lawsuit resulted in Rose Art Industries and Mega Brands fighting over who was at fault for not determining the safety of the product.
"Regardless of which side is telling the truth, the bottom line is that it should be easier for interested parties to find out whether there are safety issues with a firm's products.
It's not clear whether Mega Brands sought to independently check out Rose Art's safety track record by getting in touch with the Consumer Product Safety Commission; neither the company nor the commission kept full records of every contact.
But even if the firm had made a point of seeking federal safety data, Mega Brands would have had a tough time prying information from the commission.
It turns out that a company or consumer can't just call up and ask the agency to search its database for a specific product or manufacturer. Rather, a request would have to be filed under the Freedom of Information Act and months could pass before a response might be offered.
Joe Martyak, the commission's chief of staff, acknowledged that this isn't the most efficient way of providing access to the agency's vast storehouse of safety data. "Our databases aren't set up for doing it any other way," he said."
Earlier this week, it was reported that there were six "probable" cases of swine flu in Maryland, but none in DC or Virginia. Unfortunately, the flu has now extended to all three local jurisdictions, according to the Washington Post.
"Last night, Gov. Timothy M. Kaine (D) announced that Virginia had its first two confirmed cases as the virus spread through the Washington region," states the report. Maryland officials have announced a few more cases of the flu and has shut down certain schools, including Rickville High School in Montgomery County. A federal agent, who traveled to Mexico with President Obama, contracted the flu and it spread to his family members. The White has stated that President Obama is safe.
To read the entire Post article, please click here.
As President Obama advised during his press conference this week, we must all take reasonable precautions to protect ourselves and others from the swine flu. Washing your hands regularly and properly is an important step.
The following is a reproduction of portions of an article published by Salvatore Zambri, senior partner at Regan Zambri & Long, which he wrote while he served as President of the Trial Lawyers Association of Metropolitan Washington, D.C. Although he wrote the article in 2007, it is appropriate to publish it again since this year's Law Day will be celebrated by our nation tomorrow, on May 1, 2009.
A LOT TO CELEBRATE:
On May 1, our nation commemorated Law Day, the brain-child of Attorney Charles Rhyne. In 1958, Mr. Rhyne drafted a proposed U.S. Presidential Proclamation and presented it to President Eisenhower’s Chief of Staff, Sherman Adams. The proposal, however, did not make its way out of Mr. Adams’ office.
Mr. Rhyne eventually went to visit Mr. Adams. Having been assured by Mr. Adams that President Eisenhower would “not sign a proclamation praising lawyers,” Mr. Rhyne described what happened next: “I strode down to the Oval Office and handed it to President Eisenhower himself. As he stood there reading it, Adams burst in yelling, ‘Do not sign that paper praising lawyers!’” President Eisenhower signed the proclamation over Mr. Adams’ objection, believing that the freedoms enjoyed by Americans and the rule of law should be commemorated.
“Now, therefore, I, Dwight D. Eisenhower, President of the United States of America, do hereby designate Thursday, May 1, 1958, as Law Day – U.S.A. I urge the people of the United States to observe the designated day with appropriate ceremonies and activities; and I especially urge the legal profession, the press and the radio, television and the motion picture industries to promote and to participate in the observance of that day.”
The 2007 Law Day theme was “Liberty Under Law: Empowering Youth, Assuring Democracy.” The theme clearly recognizes that our children will shape our country’s future. Consequently, we have the responsibility to teach them about the justice system, the process of the law, and the liberties we enjoy.
Three days after Law Day, at the United States Supreme Court, I had the privilege of speaking to a group of 6th Grade winners of an annual essay contest sponsored by the National Capital Lawyers’ Auxiliary. I seized upon the theme of the 2007 Law Day Proclamation and suggested that no matter what profession we choose, we must all be intolerant of social injustice and that the privilege of freedom, earned through the courage of those who came before us, must not be taken for granted. I challenged them to advance America’s promise of equal and fair justice for all. Having heard their essays, I was inspired . . .
About a week ago, all Americans celebrated the 4th of July holiday, commemorating the signing of the Declaration of Independence. That document, you will remember, was drafted by merchants, clergy, farmers, soldiers, lawyers, and physicians. This diverse group joined together and declared: “We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the Pursuit of Happiness….”
Lawyer Thomas Jefferson, who initially drafted the declaration, remarked in his first inaugural address: “It is proper you should understand what I deem the essential principles of our Government, . . . freedom of religion; freedom of the press; freedom of person under the protection of the habeas corpus and trial by juries impartially selected.”
In July 1776, the clangs of the Liberty Bell resonated throughout the world. In recent years, many have seemingly forgotten the lessons bestowed upon us by that diverse assembly of representatives. Special interest groups and those with personal agendas seek to redefine the civil justice system, forcing victims of wrongdoing to be treated differently and unequal under the law. They need a refresher course on American history. . .
If you have any questions about the law or your legal rights, please feel free to contact Mr. Zambri at szambri@reganfirm.com, or call him at 202-822-1899.
In 2007, more than 5,100 people were killed in crashes involving large trucks and buses, according to the Department of Transportation. There were also approximately 100,000 Americans injured in collisions involving both large trucks and buses. The American Association for Justice (AAJ) has urged Congress to take needed steps to reduce highway fatalities and injuries by enhancing safety measures and rules for the commercial vehicle industry.
“Stricter safety standards, including roof crush resistance, added seatbelt standards and enhanced driver fatigue monitoring, could protect consumers by reducing the severity of motor carrier accidents,” said AAJ Director of Regulatory Affairs Gerie Voss. “The brakes have been on vehicle safety standards for too long. Safety features are not a luxury, we hope this administration will accelerate consumer safety to reduce fatalities and injuries.”
Personal Care Products and FDA notified healthcare professionals of a voluntarily nationwide recall of all lots of Personal Care non-acetone nail polish remover, conditioner enriched with gelatin, 6 fl. oz., UPC 4815592076, because it has the potential to cause chemical burns to the fingers of users.
We have reproduced the FDA Press Release in its entirety below:
Recall -- Firm Press Release
Personal Care Products Conducts Nationwide Recall of Non-Acetone Nail Polish Remover Because of Possible Health Risk
Contact:
Lawrence Weisberg
248-258-1555
FOR IMMEDIATE RELEASE -- April 29, 2009 -- Personal Care Products of Bingham Farms, MI is voluntarily conducting a nationwide recall of all lots of Personal Care non-acetone nail polish remover, conditioner enriched with gelatin, 6 fl. oz., UPC 4815592076, because it does not meet product specifications and has the potential to cause chemical burns to the fingers of users.
The product has been sold nationwide in small discount retail stores and retailers are being instructed to remove the product from sale and to return it to Personal Care Products.
Personal Care has received two complaints of burns to the fingers resulting from the use of the product.
Any person who purchased a bottle of Personal Care non-acetone nail polish remover, conditioner enriched with gelatin is urged to return it to the store of purchase for a refund. Consumers with questions may contact Personal Care Products at 1-248-258-1555, Monday through Friday from 9 a.m. until 5 p.m. EDT.
"Due to improper heat treatment, the original clamp used to secure the stainless steel exhaust tip to the exhaust pipe may develop microscopic cracks. If this occurs, the crack may expand causing the clamp to break and in the worst case the exhaust tip may fall off.
There are approximately 39,100 accessory kits that may be affected by this condition. Because this accessory is installed at the Toyota vehicle processing centers and dealers, and is available over-the-counter, all of approximately 121,000 vehicle owners will be notified.
There have been ten reported incidents of this condition in the United States; no other Toyota or Lexus vehicles are involved in this recall.
Toyota will inform owners of the involved vehicles with a Safety Recall notification via first-class mail beginning in early May. The notification will include inspection instructions for owners to determine if their vehicle is equipped with this accessory. Affected owners are requested to contact their local Toyota dealer for inspection and repair."
Customers with questions or concerns should contact the Toyota Customer Experience Center at 1-800-331-4331.
The U.S. Consumer Product Safety Commission has issued a recall along with Haier America of about 106,000 toaster oven/broilers. Electrical connections in the toaster oven/broilers can become loose posing the threat of electrical shock or burns.
According to a recent report, Food and Drug Administration lab analyses identified undeclared sibutramine in 34 dietary supplement products distributed by Universal ABC Beauty Supply.
Parents shopping for baby cribs are going to notice some significant changes in the types of cribs offered for sale. Toys "R" Us has recently announced that it will stop selling drop down cribs because of a concern for the safety of infants. In a blog on the Wall Street Journal's (4/22) website, Rachel Silverman wrote, "Concerns about the safety of popular crib designs have led to 21 recalls of 4.2 million cribs over the past two years because of hazardous defects" and the "products involved in the recalls have been linked to at least five infant deaths and 16 cases in which babies were trapped by parts of a crib, said the Consumer Product Safety Commission."
The WSJ website also noted "Products involved in the recalls have been linked to at least five infant deaths and 16 cases in which babies were trapped by parts of a crib, said the Consumer Product Safety Commission. Spring pegs have malfunctioned, metal locking pins have popped off, and wooden slats have broken, creating hazardous gaps that have entrapped and suffocated infants and toddlers, writes Ms. Trottman. Drop-side cribs, popular because sliding down one side of the crib makes it easier for a parent to pick up a baby, have been particularly problematic."
Ms. Silverman offers a number of important tips on how to "maximize crib safety."
If you or a loved one has any question concerning crib safety please call us at 202-463-3030 or email.
Leading scientists at last week's Total Health Show 2009, held in Toronto, warned that changes to the global food supply are desperately needed to avoid serious health risks, according to a report in Medical News Today. One world-known scientist--Dr. Shiv Chopra-- stated that the removal of "antibiotics, hormones, slaughterhouse waste, genetically modified organisms (GMOs) and pesticides, would transform the safety and sustainability of the food supply," notes the report. According to Dr. Chopra and others, the infusion of these unnecessary products is driven "less by need and more by the profit motives of major corporations."
Genetically engineered foods are flooding the marketplace. The worlds governments, with America as a leader, must take immediate steps to control the dangerous flow of unpredictable and harmful products into the food supply. Companies and governments need to put people over profits!
Many Americans are killed or injured each year by defective products. If you want more information about defective products or wish to know your legal rights, please click here or call the law firm of Regan Zambri & Long, PLLC at 202-463-3030.
The National Highway Traffic Safety Administration has recently announced that General Motors is recalling nearly 1.5 million passenger sedans manufactured between 1997 and 2003. According to CNN, "the problem involves a potential for oil to leak on the exhaust manifold during hard braking. When a car operates under normal conditions, the manifold can get very hot." The abnormal heating can lead to fires. "The recall covers certain mid- and full-size passenger sedans under GM's Chevrolet, Buick, Oldsmobile and Pontiac brands." Owners and dealers of the recalled vehicles will be notified soon so that alterations to the automobiles' spark-plug systems can be made free-of-charge.
If you own a GM vehicle, we encourage you to contact GM and your dealer for more details. If your vehicle has been recalled, please be sure to get it repaired immediately.
Many people are severely injured each year due to automobile defects. For information about your legal rights, please click here or call the law firm of Regan Zambri & Long, PLLC at 202-463-3030.
Canada has restricted the production of plastic baby-bottles, containers, and cups manufactured with a chemical that some experts say cause a serious health threat. The chemical is known as BPA, or bisphenol-A, and many states are now poised to follow the lead of Suffolk County, New York and invoke bans here in America, according to a recent report at Forbes.com.
Although the US Food and Drug Administration and the Eurpopean Union both say the chemical is safe, many experts disagree. The report indicates that some scientists believe that BPA is a toxin and that animal studies "have linked BPA with breast, prostate and reproductive system abnormalities and some cancers." Some stores have phased-out the sale of products containing BPA, but most have not.
We encourage you to carefully choose which products you purchase and aim to buy only those products that are healthy and eco-friendly.
Many Americans are killed or injured each year by defective products. If you want more information about defective products or wish to know your legal rights, please click here or call the law firm of Regan Zambri & Long, PLLC at 202-463-3030.
The Consumer Product Safety Commission has recently recalled Zoo pacifiers, manufactured by Healthtex. According to a report by The State Journal, the pacifiers were recalled "because they failed to meet federal safety standards. The nipples can separate from the base easily and pose a choking hazard." If you have these pacifiers, you are encouraged to keep them away from your children and contact Healthtex at (866)348-5080.
The Journal also reports that "rails on Simplicity Travel Tender Play Yards can collapse unexpectedly." The sepcific recalled model numbers are 5500DRM, 5500WDS, 5500FEL, 5501FEL, 5502MON, 5520PRO, 5550HAN, 5700MAN, and 5750MIR. "The model number is located on a sticker on one of the legs underneath the play yard", according to the report.
Please take these recalls seriously. Many Americans, including children, are seriously injured or killed each year due to defective products. For information about your legal rights, please click here or call the law firm of Regan Zambri & Long, PLLC at 202-463-3030.
A new consumer product recall highlights the risks of exercise balls. Even while exercising to improve health and fitness, it is important to be aware of the risks associated with the equipment and to ensure that the equipment is safe and used properly.
Les Weisbrod, the President of the American Association for Justice, has recently published a very interesting article concerning the Sunshine in Litigation Act S.537, H.R. 1508. The article is published in the National Law Journal. The article discusses how numerous corporations, in the hopes of limiting bad publicity, are forcing injured persons to keep the details of their settlements confidential. This unfairly limits the public's knowledge of dangerous products.
As Mr. Weisbrod states: "When wrongdoers settle cases involving their irresponsible conduct, they often force injured consumers to agree not to reveal any of the details of the case — even if the product remains on the market and the information could warn the public of a potential health hazard. In fact, manufacturers of faulty products regularly insist that any and all information turned over to injured consumers and their attorneys be kept secret."
However, it appears that help is on the way. State and federal court systems in 41 states have taken steps to limit court secrecy. In Congress, legislation introduced last month called the Sunshine in Litigation Act, S. 537, H.R. 1508, is an important step in helping reform the broken system of court-enforced secrecy. Federal judges would have the tools needed to evaluate whether secrecy agreements cross the line when public safety information is involve.
The Supreme Court of the United States recently announced its ruling in the Wyeth v. Levine case. The principal question before the Court was whether FDA approval of a drug's label overrides (or preempts) state-law claims of inadequate warning. The argument made by the drug company was that it would be impossible to comply with both state and federal laws if the state's law provides for a stronger warning label than the FDA labeling regulation. The Supreme Court rightly rejected that argument, finding that "Congress did not intend FDA oversight to be the exclusive means of ensuring drug safety and effectiveness." By issuing this ruling, the Court will allow consumers more protection from drug injuries that could have been prevented if the drug label had included proper warnings.
In this case, Diane Levine, a professional musician being treated for migraine headaches was injected with Phenergan, a drug manufactured by Wyeth. Because of the direct IV administration (IV push) of the drug, Ms. Levine's artery in her arm died, ultimately resulting in amputation of that arm. Wyeth was aware of the dangers of the IV push method for administering Phenergan, but never included any warnings to prohibit IV push administration on the label. The FDA had not determined whether the label should have included the warning. However, the FDA's labeling rules require that a prescription drug manufacturer change warning labels as soon as there is reasonable evidence that the drug causes adverse reactions without waiting for FDA approval of the label change.
Government regulations are intended to set minimum safety standards, but cannot guarantee safety. The preamble of regulations was intended to define the agency's interpretation. Beginning in 2005, Federal agencies started adding to the preamble of regulations without Congressional approval. With these additions, the agencies claimed that federal standards overrule any state safety standards and that state tort claims should be discarded. By adding preemption language to the agency preamble, the agencies bypassed Congress in determining if or when state law should be overruled. In 2007, however, Congress passed the Food and Drug Administration Act of 2007 (FDAAA), forcing the FDA to require drug manufacturers to update their labels when the manufacturers become aware of potential hazards.
If you or a family member has been injured as a result of a drug error or other product defect, please contact us on-line at Regan Zambri & Long or call us at 202-463-3030 for a free consultation.
Previously, the DC Metro Area Personal Injury Law Blog reported the FDA press release specifying details of the recall of bulk packaged peanut butter and peanut paste produced by Peanut Corporation of America (PCA). Those products are generally distributed by institutional and food service industry use. The recall was prompted by a widespread outbreak of Salmonella, known to have affected more than 500 people nationwide.
The FDA announced an expanded recall recently to include all peanuts and peanut products processed by Peanut Corporation of America in its Blakely, Georgia plant since January 1, 2007. We have reproduced the FDA Press Release in its entirety below:
Recall -- Firm Press Release
FDA posts press releases and other notices of recalls and market withdrawals from the firms involved as a service to consumers, the media, and other interested parties. FDA does not endorse either the product or the company.
Peanut Corporation of America Expands Nationwide Recall of Peanut Products
PCA Announces the Voluntary Recall of All Peanuts and Peanut Products Shipped from Georgia Plant
Contact:
Peanut Corporation of America
1-877-564-7080
FOR IMMEDIATE RELEASE -- Lynchburg, Va. (January 28, 2009) – Peanut Corporation of America (PCA) is voluntarily recalling all peanuts and peanut products processed in its Blakely, Georgia facility since Jan. 1, 2007. Previously, PCA announced a recall of peanut butter and peanut paste. PCA sells its products to institutional and industrial users for service in large institutions or for sale and further processing by other companies. PCA does not sell peanuts or peanut products directly to consumers in stores.
PCA is not aware of any complaints or reports of illness involving the additional peanuts and peanut products subject to this expanded recall. PCA is acting out of an abundance of caution and with the U.S. Food and Drug Administration’s help to recall all products manufactured in its Georgia facility. PCA is voluntarily taking this larger recall action following almost two weeks of inspection and review at the Georgia facility.
The expanded recall includes all peanuts (dry and oil roasted), granulated peanuts, peanut meal, peanut butter and peanut paste. All of the recalled peanuts and peanut products were made only at the company’s Blakely, Georgia facility; the lot numbers and a description of the products being recalled are listed at the end of this release. The Blakely, Georgia facility has stopped producing all peanut products.
The voluntary recall comes amid an FDA investigation into a nationwide salmonella outbreak that has sickened more than 500 people nationwide beginning in September, with the largest number of illnesses reported in November. Salmonella is an organism that can cause serious and sometimes fatal infections in young children, frail or elderly people, and others with weakened immune systems. Healthy persons infected with Salmonella often experience fever, diarrhea (which may be bloody), nausea, vomiting and abdominal pain. In rare circumstances, infection with Salmonella can result in the organism getting into the bloodstream and producing more severe illnesses such as arterial infections (i.e., infected aneurysms), endocarditis and arthritis.
Because some of our peanut products have been used by manufacturers of pet food, we are also alerting the public that Salmonella is an organism that can potentially be transferred to people handling pet treats exposed to Salmonella, especially if they have not thoroughly washed their hands after having contact with the products or any surfaces exposed to these products. Pets with Salmonella infections may be lethargic and have diarrhea or bloody diarrhea, fever, and vomiting. Some pets will have only decreased appetite, fever and abdominal pain. Well animals can be carriers and infect other animals or humans. If your pet has consumed the recalled product and has these symptoms, please contact your veterinarian.
The potential for contamination was noted after samples from peanut butter containers and environmental samples from the Blakely, Georgia facility tested positive for Salmonella. The U.S. Food and Drug Administration has said the investigation is “very active and dynamic,” and PCA continues to work closely with the FDA and the Centers for Disease Control and Prevention as they continue their investigation into the nationwide outbreak of Salmonella.
PCA is notifying customers who received recalled products by phone and/or in writing. Customers should segregate and hold the product and call PCA at 1-877-564-7080 for further instructions. Consumers should contact the FDA and visit the agency web site at www.fda.gov for a complete list of all products affected.
“We have been devastated by this, and we have been working around the clock with the FDA to ensure any potentially unsafe products are removed from the market immediately,” said Stewart Parnell, President of Peanut Corporation of America. “Additionally, we are working alongside state and federal food safety experts in every way we can to help them protect consumers, both now and in the future.
“We want our customers and consumers to know that PCA is taking extraordinary measures, out of an abundance of caution, to identify and recall all products that have been identified as potential risks.”
The recalled peanuts and peanut products were distributed nationwide to institutions, food service industries, and private label food companies as well as and in Canada, Haiti, Korea and Trinidad.
All lots that are affected begin with the lot number 7, 8 or 9. The following is the description of the products being recalled:
Description:
Peanut Butter All Styles All Sizes All Lots beginning with 7, 8, or 9
Peanut Paste All Styles All Sizes All Lots beginning with 7,8, or 9
Peanut Meal All Styles All Sizes All lots beginning with 7, 8, or 9
Peanut Granules All Styles All Sizes All lots beginning with 7, 8 or 9
Peanuts All Styles All Sizes All lots beginning with 7, 8 or 9
During the past several months, 434 reported cases of Salmonella, a serious bacterial infection, has led to the recent U.S. Food and Drug Administration (FDA) announcement of a voluntary recall by Peanut Corporation of America. We have reproduced the FDA Press Release in its entirety below:
Recall -- Firm Press Release
FDA posts press releases and other notices of recalls and market withdrawals from the firms involved as a service to consumers, the media, and other interested parties. FDA does not endorse either the product or the company.
Peanut Corporation of America Announces Voluntary Nationwide Recall of Peanut Butter
Contact:
Peanut Corporation of America
1-877-564-7080
FOR IMMEDIATE RELEASE -- Lynchburg, Va. (January 13, 2009) – Peanut Corporation of America (PCA), a peanut processing company and maker of peanut butter for bulk distribution to institutions, food service industries, and private label food companies, today announced a voluntary recall of peanut butter produced in its Blakely, Georgia processing facility because it has the potential to be contaminated with Salmonella.
All product affected was produced on or after July 1, 2008, specific to the lot numbers and descriptions listed below.
The peanut butter being recalled is sold by PCA in bulk packaging to distributors for institutional and food service industry use. It is also sold under the brand name Parnell’s Pride to those same industries. Additionally, it is sold by the King Nut Company under the label King Nut. PCA customers who received the recalled product are being notified by telephone and in writing.
None of the peanut butter being recalled is sold directly to consumers through retail stores.
“We deeply regret that this has happened,” said Stewart Parnell, owner and president of PCA. “Out of an abundance of caution, we are voluntarily withdrawing this product and contacting our customers. We are taking these actions with the safety of our consumers as our first priority.”
PCA initiated this recall after an open container of King Nut brand peanut butter in a long-term care facility in Minnesota was found to contain a strain of salmonella. King Nut brand peanut butter is produced by PCA.
According to the Minnesota Department of Health and Minnesota Department of Agriculture, the Minnesota laboratory analyses on the contamination in the already-opened container of peanut butter have the same genetic fingerprint as the cases in the national outbreak that has sickened almost 400 people in 42 states.
The voluntary recall of 21 lots of its peanut butter, in containers ranging from five to 50 pounds, is being taken immediately. PCA is notifying its institutional customers and has set up a toll-free hotline number 1-877-564-7080 to answer questions.
PCA is continuing to work closely and cooperating with the Food and Drug Administration (FDA) and Centers for Disease Control and Prevention (CDC), as well as state officials as part of this ongoing investigation.
According to a CDC update issued on their website today (January 13, 2009), preliminary analysis of an epidemiologic study conducted by CDC and public health officials has suggested peanut butter as a likely source. The CDC and other public health officials are continuing to conduct surveillance for cases of infection with the outbreak strains, and to gather and analyze data or exposures that may be associated with illness. To date, no association has been found with common brand names of peanut butter sold in grocery stores.
Customers are asked to take all peanut butter manufactured with the lot numbers listed below out of distribution immediately. Customers can call the following toll-free 24-hour number 1-877-564-7080 for further instructions on what to do with the product or visit the company website at www.peanutcorp.com for additional information.
Eating food contaminated with Salmonella can result in abdominal cramping, diarrhea, and fever. Most people infected with Salmonella develop the symptoms 12 to 72 hours after infection. The illness usually lasts 4 to 7 days, and most people recover without treatment. However, in some persons, the diarrhea may be so severe that the patient needs to be hospitalized. In rare circumstances, infection with Salmonella can result in the organism getting into the bloodstream and producing more severe illnesses. For more information on the salmonella bacteria, please visit the Centers for Disease Control and Prevention’s Website at http://www.cdc.gov.
Dill Air Control, a subsidiary of the Chinese company, Shanghai Baolong Industries, has approximately 30 million potentially faulty tire valve stems in North American distribution. The faulty valve stems are thought to be cracking, causing a slow leak that may lead to tire failure at higher speeds – a situation that has proven to be fatal for at least one Florida resident in 2006, according to an article by Consumer Reports.
NewsInferno.com reports that although product recalls are considered to be a powerful way to ensure consumer safety, sometimes recalls are just not enough. Despite recall notices and warnings, consumers continue to use products that have the potential to seriously injure or kill, according to the U.S. Consumer Product Safety Commission (CPSC).
The National Insurance Crime Bureau (NICB) is in the process of developing a database, VINcheck, which would use a car's Vehicle Identification Number (VIN) to track vehicles that have been declared a "total loss" by insurance companies. The database will be free for the public to access and already has the support of hundreds of insurance companies who would be responsible for submitting the VIN to NICB for tracking.
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Most Americans celebrate Fourth of July evening by watching a fireworks display. Fireworks can cause serious injuries to children and adults alike. For those who choose to put on fireworks at home without a professional, the National Council on Fireworks Safety (NCFS) has a few safety tips. Additionally, learn what types of fireworks are and are not permitted in the state where you'll be celebrating. The chart below illustrates fireworks regulations for the DC Metro Area.
The U.S. Consumer Product Safety Commission (CPSC) and Jardine Enterprises have announced yesterday that the company will recall approximately 320,000 cribs sold within the past 6 years. The cribs were sold mainly at Toys "R" Us and Babies "R" Us locations nationwide. The names of other stores carrying the Jardine cribs can be found in the press release issued by CPSC. Continue Reading...
Summer lawn mowing is such a routine activity that many people tend to view it as being less dangerous than it actually is. Each summer, tens of thousands of Americans are injured by lawn mowers. This summer, four national medical societies have teamed up to encourage homeowners to be especially careful around lawn mowers. The American Society for Reconstructive Microsurgery (ASRM), the American Academy of Orthopaedic Surgeons (AAOS), the American Society of Plastic Surgeons (ASPS), and the American Academy of Pediatrics (AAP) all offer the following safety tips to help protect people from lawn mower injuries this season:
One of the deadliest risks faced by motorists is the risk of a rollover accident -- particularly for those who drive SUVs, minivans and trucks, which tend to have a higher center of gravity and a greater propensity to tip. According to the National Highway Traffic Safety Administration (NHTSA), more than 280,000 rollover accidents are reported each year. Those rollovers kill more than 10,000 motorists annually.
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The U.S. Food and Drug Administration (FDA) has issued a warning regarding persulfates -- common ingredients in denture cleansers -- and has asked manufacturers of denture cleansers to include a warning in the label about their use of persulfates. The ingredients are now known to cause allergic reactions in some users. The agency is also recommending that manufacturers begin searching for viable alternatives to persulfates. The chemicals are used in most denture cleansers to promote the cleaning and bleaching process.
According to the FDA, allergic reactions to persulfates don't always occur after the first use, and may not occur until after many years of use. Additionally, the symptoms of an allergic reaction may not appear for minutes or even hours after use of the cleansers. Those symptoms may include irritation, tissue damage, rash, hives, gum tenderness, breathing problems, and even low blood pressure.
A recent study by the U.S. Centers for Disease Control and Prevention (CDC) demonstrates that high levels of formaldehyde have been found in some travel trailers provided to disaster victims by the U.S. Federal Emergency Management Agency (FEMA). There is some reason to believe that long-term exposure to formaldehyde could lead to serious health problems such as cancer. Unfortunately, travel trailers are not the only places where formaldehyde exposure could be a danger. To contribute to public understanding regarding the industrial uses of formaldehyde and its risks, the National Cancer Institute has issued the following fact sheet with questions and answers related to formaldehyde exposure:
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While the topics of water safety and drowning prevention typically receive some public attention during summer months, there are many people who prefer to use hot tubs, whirlpools and spas throughout the winter, when the weather is at its coldest. Although winter can be one of the most enjoyable seasons for hot tub use, it is equally dangerous. To help prevent personal injuries related to hot tubs, whirlpools and spas, the U.S. Consumer Product Safety Commission (CPSC) offers the following historical data and recommendations for children and adults alike:
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According to an estimate by the Consumer Product Safety Commission (CPSC), there are 20,000,000 unsafe cribs/play yards either in use or in storage. It's important that parents and other care givers check for safety before putting a baby into a portable crib or play yard.
The following crib and play yard safety checklist from the CPSC is labeled as a hotel and motel safety checklist. However, checking for these safety hazards is common sense advice that should be applied to any crib or play yard that is expected to be used.
Note: If any item receives a "yes" response, the crib should be removed from service until it is repaired or replaced.
For additional safety information on cribs and other children's products, visit CPSC's web site (www.cpsc.gov) or call its toll-free hotline (800/638-2772)."
The holiday season is a time of travel and a time when many households accommodate out-of-town visitors. As available beds become more scarce, many homeowners employ inflatable mattresses to accommodate additional guests. Those inflatable mattresses are too soft for sleeping infants, however, and the U.S. Consumer Product Safety Commission is warning that the mattresses are safe only for adults and older children.
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According to the U.S. Consumer Product Safety Commission (CPSC), General Electric is recalling approximately 92,000 microwave ovens. The CPSC notice is reproduced below in its entirety.
NEWS from CPSC U.S. Consumer Product Safety Commission
Office of Information and Public Affairs
Washington, DC 20207
FOR IMMEDIATE RELEASE
December 5, 2007
Release #08-110
GE’s Recall Hotline: (888) 240-2745 Sear's Recall Hotline: (888) 679-0282
CPSC Recall Hotline: (800) 638-2772
CPSC Media Contact: (301) 504-7908
General Electric Media Contact: (888) 240-2749
General Electric Recalls Microwave Combo Wall Ovens Due to Fire Hazard
"WASHINGTON, D.C. - The U.S. Consumer Product Safety Commission, in cooperation with the firm named below, today announced a voluntary recall of the following consumer product. Consumers should stop using recalled products immediately unless otherwise instructed.
Name of Product: Built-in Combination Wall and Microwave Ovens
Units: About 92,000
Manufacturer: GE Consumer & Industrial, of Louisville, Ky.
Hazard: The door switch in the microwave oven can overheat and ignite plastic components in the control area, posing a fire hazard to consumers. The lower thermal oven does not pose a hazard.
Incidents/Injuries: GE is aware of 35 incidents of minor property damage and one incident in which a fire damaged adjacent kitchen cabinets. No injuries have been reported.
Description: The recall includes GE combination microwave and conventional built-in wall ovens sold under the following brand names: GE, GE Profile® and Kenmore. The ovens were sold in white, black, bisque and stainless steel. The brand name is printed on the lower left corner on the front of the microwave door. The following model and serial numbers can be found inside the microwave oven on the left interior wall.
Sold at: Department and appliance stores from January 2000 to December 2003 for between $1,500 and $2,000.
Manufactured in: United States
Remedy: Consumers should stop using the microwave oven immediately. Consumers should contact GE regarding their GE/GE Profile micro-oven combo or Sears for their Kenmore unit. GE is offering a free repair or rebate on a new product, a $300 rebate toward the purchase of a new GE brand unit, or a $600 rebate toward the purchase of a new GE Profile brand unit. Sears is offering a free repair or $300 rebate toward the purchase of a new Kenmore brand unit. Consumers can continue using the lower thermal oven.
Consumer Contact: For additional information on GE /Profile units, contact General Electric toll-free at (888)-240-2745 from 8 a.m. to 8 p.m. ET Monday through Friday, and 9 a.m. to 3 p.m. ET Saturday, or visit GE’s Web site at www.geappliances.com. For additional information on Kenmore units, contact Sears toll-free at (888) 679-0282 from 8 a.m. to 10 p.m. ET Monday through Saturday, or visit Sears’ Web site at www.sears.com
Decorating for the holidays is one of the most common, most effective ways to express the festive mood of the season. Many holiday decorations pose safety threats when not used properly, however. This holiday season, take steps to ensure that your decorating traditions don't put you or your loved ones at risk. The U.S. Consumer Products Safety Commission (CPSC) offers the following holiday decorating safety tips:
The U.S. Consumer Product Safety Commission (CPSC) and Nike have announced a voluntary recall of football helmets because of a safety hazard with the chin strap. Consumers should immediately stop using the helmets and contact Nike for a product voucher. The CPSC announcement is reproduced in its entirety below:
NEWS from CPSC
U.S. Consumer Product Safety Commission
Office of Information and Public Affairs
Washington, DC 20207
FOR IMMEDIATE RELEASE
November 13, 2007
Release #08-081
Nike Recalls Football Helmet Chin Straps Which Can Break and Pose Risk of Serious Injury
WASHINGTON, D.C. - The U.S. Consumer Product Safety Commission, in cooperation with the firm named below, today announced a voluntary recall of the following consumer product. Consumers should stop using recalled products immediately unless otherwise instructed.
Name of Product: Football Helmet Chin Straps
Units: About 235,000
Manufacturer: Nike Inc., of Beaverton, Ore.
Hazard: The chin strap’s plastic cup can break as a result of contact, exposing the player to facial or head injuries.
Incidents/Injuries: Nike has received 18 reports of the chin strap breaking, including two reports of concussions, two reports of facial lacerations requiring stitches, and a report of a broken nose.
Description: The recalled football helmet chin strap consists of a plastic cup with a foam liner, straps and four metal snaps. They were sold in both youth and adult sizes and come in black/gray and white/gray color combinations. The Nike Swoosh trademark is printed on the outside of the chin cup and DRI-FIT™ is printed on the foam liner. “Made in China” and one of the following four style numbers is printed on the inside of the strap: FA0016 046, FA0016 130, FA0021 046, or FA0021 130.
Sold at: Sporting good stores nationwide and on the firm’s Web site www.Nike.com from April 2006 through October 2007 for about $20.
Manufactured in: China
Remedy: Consumers should stop using the chin strap immediately and contact Nike for a product voucher redeemable at www.nikestore.com
Consumer Contact: For additional information, contact Nike toll-free at (888) 583-6453 between 7 a.m. and 4 p.m. PT Monday through Friday, or visit the firm’s Web site at www.nikebiz.com
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Send the link for this page to a friend! The U.S. Consumer Product Safety Commission is charged with protecting the public from unreasonable risks of serious injury or death from more than 15,000 types of consumer products under the agency's jurisdiction. Deaths, injuries and property damage from consumer product incidents cost the nation more than $700 billion annually. The CPSC is committed to protecting consumers and families from products that pose a fire, electrical, chemical, or mechanical hazard or can injure children. The CPSC's work to ensure the safety of consumer products - such as toys, cribs, power tools, cigarette lighters, and household chemicals - contributed significantly to the 30 percent decline in the rate of deaths and injuries associated with consumer products over the past 30 years.
To report a dangerous product or a product-related injury, call CPSC's hotline at (800) 638-2772 or CPSC's teletypewriter at (800) 638-8270, or visit CPSC's web site at www.cpsc.gov/talk.html. To join a CPSC email subscription list, please go to www.cpsc.gov/cpsclist.aspx. Consumers can obtain this release and recall information at CPSC's Web site at www.cpsc.gov.
The Consumer Product Safety Commission (CPSC) has announced another toy recall, Curious George Plush Dolls manufactured by Marvel Toys. The surface paint of the toy's face and hat contain excessive levels of lead in violation of the federal lead paint standards. Consumers are advised to stop using the recalled products immediately.
The CPSC notice is reproduced in its entirety below:
NEWS from CPSC
U.S. Consumer Product Safety Commission
Office of Information and Public Affairs
Washington, DC 20207
FOR IMMEDIATE RELEASE
November 8, 2007
Release #08-079
Curious George Plush Dolls Recalled By Marvel Toys Due to Risk of Lead Exposure
WASHINGTON, D.C. - The U.S. Consumer Product Safety Commission, in cooperation with the firm named below, today announced a voluntary recall of the following consumer product. Consumers should stop using recalled products immediately unless otherwise instructed.
Name of Product: Curious George Plush Dolls
Units: About 175,000
Manufacturer: Marvel Toys, of New York, N.Y.
Hazard: Surface paint on the toy’s plastic face and construction hat contain excessive levels of lead, which violates the federal lead paint standard.
Incidents/Injuries: None reported.
Description: This recall involves Curious George 12-inch plush dolls with a plastic face. The dolls are dressed to represent five various themes: birthday, fireman, sweet dreams, tool time and tool time with a soft face. The plush dolls were sold with a Curious George storybook or activity book. The following product and SKU numbers are printed on the packaging.
Birthday
90253/ 8-83199-90253-5
Fireman
90246/ 8-83199-90246-7
Sweet Dreams
90247/ 8-83199-90247-4
Tool Time
90251/ 8-83199-90251-1
Tool Time (soft face)
90251/ 8-83199-90251-1
Sold at: Toy and discount department stores nationwide from December 2005 through August 2007 for about $15.
Manufactured in: China
Remedy: Consumers should immediately take the recalled toys away from children and contact Marvel Toys to receive a full refund.
Consumer Contact: For additional information, contact Marvel Toys at (800) 352-2064 between 7 a.m. and 6 p.m. CT Monday through Friday, or visit the firm’s Web site at www.regcen.com/curiousgeorge
The U.S Consumer Product Safety Commission (CPSC) has announced a recall of Bassettbaby Cribs. The danger is that the bolts that connect the top corners of the cribs can come loose and create a dangerous gap. A serious entrapment and strangulation hazard may result. Consumers should stop using the cribs immediately and contact Bassettbaby for a free repair kit.
The complete CPSC notice appears below:
NEWS from CPSC
U.S. Consumer Product Safety Commission
Office of Information and Public Affairs
Washington, DC 20207
FOR IMMEDIATE RELEASE
November 8, 2007
Release #08-075
Cribs Sold By Bassettbaby Recalled Due to Entrapment and Strangulation Hazard: Sold Exclusively at Babies R Us
WASHINGTON, D.C. - The U.S. Consumer Product Safety Commission, in cooperation with the firm named below, today announced a voluntary recall of the following consumer product. Consumers should stop using recalled products immediately unless otherwise instructed.
Name of Product: Wendy Bellissimo Collection Convertible Cribs
Units: About 8,900
Importer: Bassettbaby, of Bassett, Va.
Manufacturer: Goodbaby Child Products Company Ltd., of China
Hazard: The bolts connecting the top corners of the crib can come loose, creating a gap and posing a serious entrapment and strangulation hazard.
Incidents/Injuries: Bassettbaby has 85 reports of bolts loosening, including one report of a 13 month-old child’s hand becoming entrapped between the railings.
Description: This recall involves Wendy Bellissimo Collection convertible cribs, model numbers 5945-0521 and 5545-0521, sold in honey and cherry finishes. The full size cribs have a sleigh design and one of the following purchase order numbers at the bottom rail of the headboard: 272903, 272904, 273904, 276728, 276729, 291081, 323975, 324472, 320318, 323976, 332883 365620, 368466 in honey, and 338535, 338537 and 332884 in cherry. All other Wendy Bellissimo Collection cribs are not involved in this recall.
Sold at: Babies R Us stores nationwide from July 2005 through October 2007 for about $500.
Manufactured in: China
Remedy: Consumers should stop using these cribs immediately and contact Bassettbaby for a free repair kit.
Consumer Contact: For additional information, contact Bassettbaby at (888) 897-4689 between 9 a.m. and 10 p.m. ET daily, or visit the firm’s Web site at www.bassettbaby.com
According to a report published in the Washington Post, children who swallow the beads are exposed to a dangerous chemical similar to the powerful "date rape" drug that causes possible unconsciousness, seizures, drowsiness, coma and death.
The entire CPSC bulletin follows:
NEWS from CPSC U.S. Consumer Product Safety Commission
Office of Information and Public Affairs
Washington, DC 20207
FOR IMMEDIATE RELEASE
November 7, 2007
Release #08-074
Spin Master Recalls Aqua Dots – Children Became Unconscious After Swallowing Beads
WASHINGTON, D.C. - The U.S. Consumer Product Safety Commission, in cooperation with the firm named below, today announced a voluntary recall of the following consumer product. Consumers should stop using recalled products immediately unless otherwise instructed.
Name of Product: Aqua Dots
Units: About 4.2 million
Distributor: Spin Master, of Toronto, Canada
Hazard: The coating on the beads that causes the beads to stick to each other when water is added contains a chemical that can turn toxic when many are ingested. Children who swallow the beads can become comatose, develop respiratory depression, or have seizures.
Incidents/Injuries: CPSC has received two reports over the past several days of children swallowing Aqua Dots. A 20-month-old child swallowed several dozen beads. He became dizzy and vomited several times before slipping into a comatose state for a period of time, was hospitalized, and has since fully recovered. A second child also vomited and slipped into a comatose state and was hospitalized for five days.
Description: The recalled toy is a craft kit which allows children to create various multi-dimensional designs using small colored beads. The beads fuse together when sprayed with water. The recall applies to all models of Aqua Dots. The product is available in various different kits with accessories such as a drying fan, applicator pen, design templates for the beads, and spray bottle. The product is labeled for ages 4+.
Sold at: Mass merchandisers nationwide from April 2007 through November 2007 for between $17 and $30.
Manufactured in: China
Remedy: Consumers should immediately take the recalled toy away from children and contact Spin Master to return for free replacement beads or a toy of equal value.
Consumer Contact: For additional information, contact Spin Master at (800) 622-8339 between 9 a.m. and 6 p.m. ET Monday through Friday, or visit the firm’s Web site at www.aquadotsrecall.com
Serious Head Injuries Prompt Recall of Bumbo Baby Sitter Seats - New Warnings and Instructionsto Be Provided To Consumers
WASHINGTON, D.C. - The U.S. Consumer Product Safety Commission, in cooperation with the firm named below, today announced a voluntary recall of the following consumer product. Consumers should stop using recalled products immediately unless otherwise instructed.
Name of Product: Bumbo “Baby Sitter” Seats
Units: About 1 million
Manufacturer: Bumbo International, of South Africa
Hazard: If the seat is placed on a table, countertop, chair, or other elevated surface, young children can arch their backs, flip out of the Bumbo seat, and fall onto the floor, posing a risk of serious head injuries.
Incidents/Injuries: CPSC has received 28 reports of young children falling out of the Bumbo Baby Sitter seat, including three skull fractures, which occurred when children fell out of chairs that had been placed on tables.
Description: The bottom of the children’s seat is round and flat with a diameter of about 15 inches. It is constructed of a single piece of molded foam and comes in yellow, blue, purple, pink, aqua, and lime green. The seat has leg holes and seat back that wraps completely around the child. On the front of the seat in raised lettering is the word “Bumbo” with the image of an elephant on top. The bottom of the seat has the following words: “Manufactured by Bumbo South Africa Material: Polyurethane World Patent No. PCT: ZA/1999/00030.” The back of the seat contains the following “WARNING” – “Never use on a raised surface. Never use as a car seat or bath seat. Designed for floor level use only. Never leave your baby unattended as the seat is not designed to be totally restrictive and may not prevent release of your baby in the event of vigorous movement.”
Sold by: Target, Wal-Mart, Sears, Toys R Us, Babies R Us, USA Babies and various other toy and children’s stores nationwide, and various online sellers, from August 2003 through October 2007 for about $40.
Manufactured in: South Africa
Remedy: Consumers should never use the infant seat on a table, countertop, chair, or other elevated surface. Consumers can contact Bumbo to obtain new warning label stickers and instructions, free of charge. The new warning label will state: “WARNING – Prevent Falls; Never use on any elevated surface.” Consumers should use the Bumbo seat at ground level, but should never leave a child unattended.
Consumer Contact: Contact Bumbo International at (877) 932-8626 between 8 a.m. and 5 p.m. ET Monday through Friday or visit the firm’s Web site at www.bumbosafety.com
The U.S. Consumer Product Safety Commission is charged with protecting the public from unreasonable risks of serious injury or death from more than 15,000 types of consumer products under the agency's jurisdiction. Deaths, injuries and property damage from consumer product incidents cost the nation more than $700 billion annually. The CPSC is committed to protecting consumers and families from products that pose a fire, electrical, chemical, or mechanical hazard or can injure children. The CPSC's work to ensure the safety of consumer products - such as toys, cribs, power tools, cigarette lighters, and household chemicals - contributed significantly to the 30 percent decline in the rate of deaths and injuries associated with consumer products over the past 30 years.
To report a dangerous product or a product-related injury, call CPSC's hotline at (800) 638-2772 or CPSC's teletypewriter at (800) 638-8270, or visit CPSC's web site at www.cpsc.gov/talk.html. To join a CPSC email subscription list, please go to www.cpsc.gov/cpsclist.aspx. Consumers can obtain this release and recall information at CPSC's Web site at www.cpsc.gov.
Payless ShoeSource is recalling 90,000 girls' Hannah Montana boots, because the guitar-shaped zipper pulls of the right and left boots can snag together while walking and cause the wearer to fall. According to the U.S. Consumer Product Safety Commission (CPSC), the boots were sold in girls' sizes 10.5 - 4.5, and were available from August 2007 through September 2007 for approximately $27.
Commercially-available lead test kits used by consumers to detect unsafe levels of lead in their homes are not reliably accurate, according to the U.S. Consumer Product Safety Commission (CPSC). The agency recently issued a news bulletin regarding the kits after randomly testing several different models. False positive test results and false negative test results were both obtained, though false negatives were more common. Out of 104 tests, 56 tests provided false negative results and 2 provided false positives. According to CPSC, the results are consistent with previous determinations that home-based lead testing kits are unreliable.
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The U.S. Consumer Product Safety Commission has announced a voluntary Toshiba recall of certain AC adapters included as accessories with some Toshiba DVD players. The adapters are being recalled over concerns related to overheating and burn hazards. Consumers should stop using these adapters immediately. The following product information pertains to units affected by the recall:
Bunk beds are a common feature of many children's rooms, especially in homes where floor space carries a premium. Each year, however, thousands of children sustain injuries related to bunk beds -- and not always predictable injuries.
Paintball is one of the fastest growing sports in the country. Nowadays, with the right safety equipment, it can been relatively safe. However, in this instance, the manufacturer of the carbon dioxide cylinder used on the paintball gun knew about safety issues with the valve. According to the family's investigation, the manufacturers knew of the potential danger from the valve-and-cylinder combination since 1990.
Unfortunately for the Contois family, their wife and mother was killed when a teenager player inadvertently detached a valve, launching his gun’s carbon-dioxide-filled cylinder like a missle. The cylinder struck Ms. Contois in the head. She died on the scene.
The family recovered $8 million for their loss. But the family and their attorney did not stop there. They insisted as part of the settlement that the company promise to publicize warnings about the dangers of old valves. The family then claimed that KEE Action Sports, the successor to National Paintball Supply, inherited the obligation to continue to warn consumers about these older valves. In another complaint to filed in Contra Costa County Superior Court, the family contends KEE has not lived up to their promises. The family says Kee has failed to post warnings on its Web site and elsewhere. KEE did not comment, citing the litigation, but they do have a statement on their website stating that they have reached out to the Contois family to resolve this. Continue Reading...
On September 21, 2007, the Consumer Product Safety Commission (CPSC) announced the recall of 1 million Simplicity cribs due to safety concerns. The cribs were made in China and sold in various department stores in the United States. This is not the first recall of Simplicity Cribs. The CPSC links the Simplicity Cribs to two infant deaths and another child's death is under investigation. The company and agency also report 7 cases of infants becoming trapped and 55 other cases of drop-rail complaints.
Families are asking why it took so long for Simplicity and the CPSC to act? The Chicago Tribune reported that President of Simplicity, Inc., Ken Waldman, contended that his company makes safe products and was cooperating with the CPSC. Mr. Waldman did not say why the recall did not occur earlier. "This is the thing to do and that's why we decided to do it now," he said.
Another very disturbing development is that parents report calling for the repair kits and being told that the kits are not available or kits have been received with no written instructions.
Mattel Recalls Various Barbie Accessory Toys Due to Violation of Lead Paint Standard
WASHINGTON, D.C. - The U.S. Consumer Product Safety Commission, in cooperation with the firm named below, today announced a voluntary recall of the following consumer product. Consumers should stop using recalled products immediately unless otherwise instructed.
Name of Product: Various Barbie Accessory Toys
Units: About 675,000
Importer: Mattel Inc., of El Segundo, Calif.
Hazard: Surface paints on the toys contain excessive levels of lead which is prohibited under federal law.
Incidents/Injuries: None reported.
Description: The recall involves various Barbie accessory toys that were manufactured between September 30, 2006 and August 20, 2007. The model names, product numbers and affected date code numbers are listed in a chart on CPSC's web site. The product and date code numbers are printed on the largest component of the toy sets.
Sold at: Retail stores nationwide from October 2006 through August 2007 for about $10.
Manufactured in: China
Remedy: Consumers should immediately take the recalled toys away from children and contact Mattel for instructions on how to receive a free replacement toy of equal value.
Consumer Contact: For additional information, contact Mattel's Fisher-Price hotline at (888) 496-8330 anytime, or visit the firm's Web site at www.mattel.com/safety
Fisher-Price Recalls Geo Trax Locomotive Toys Due To Violation of Lead Paint Standard
WASHINGTON, D.C. - The U.S. Consumer Product Safety Commission, in cooperation with the firm named below, today announced a voluntary recall of the following consumer product. Consumers should stop using recalled products immediately unless otherwise instructed.
Name of Product: Geo Trax Locomotive Toys
Units: About 90,000
Importer: Fisher-Price Inc., of East Aurora, N.Y.
Hazard: Surface paints on the toys contain excessive levels of lead.
Incidents/Injuries: None reported.
Description: The recall involves the Geo Trax Freightway Transport and Geo Trax Special Track Pack locomotive toys. These toys are red with yellow paint on the ladder and horn details. The recalled models were manufactured between July 31, 2006 and August 20, 2007 and have a date code between 212-6CK through 325-6CK or 001-7CK through 232-7CK marked on the bottom of the product. The packaging on the Freightway Transport model is marked H5705 and the packaging on the Special Track Pack model is marked K3013.
Sold at: Retail stores nationwide from September 2006 through August
2007 for between $3 and $16.
Manufactured in: China
Remedy: Consumers should immediately take the recalled toys away from children and contact Fisher-Price. Consumers will need to return the product in order to receive a free replacement toy.
Consumer Contact: For additional information, contact Fisher-Price toll-free at (888) 496-8330 anytime or visit the firm's Web site at www.service.mattel.com
Fisher-Price Recalls Bongo Band Toys Due to Violation of Lead Paint Standard
WASHINGTON, D.C. - The U.S. Consumer Product Safety Commission, in cooperation with the firm named below, today announced a voluntary recall of the following consumer product. Consumers should stop using recalled products immediately unless otherwise instructed.
Name of Product: Big Big World 6-in-1 Bongo Band toys
Units: About 8,900
Importer: Fisher-Price Inc., of East Aurora, N.Y.
Hazard: Surface paints on the toys contain excessive levels of lead, which violates the federal law prohibiting lead paint on children's toys.
Incidents/Injuries: None reported.
Description: The recalled toys have two bongos, including one with a yellow and green plastic drum base with a blue drum surface. The other bongo is yellow and green plastic drum base with an orange drum surface with "It's a Big, Big World" printed on it. The toys were sold with animal shaped accessories including a monkey, bird, tambourine and drum stick. The toys have product number K9343 inside the orange drum. A date code between 139-7SH and 232-7SH is printed on the drum's orange ring surface. Bongo Band toys included in this recall must have both the product number and date code.
Sold at: Retail stores nationwide from July 2007 through August 2007 for about $20.
Manufactured in: China
Remedy: Consumers should immediately take the recalled toys away from children and contact Fisher-Price for instructions on returning the product in order to receive a free replacement toy.
Consumer Contact: For additional information, contact Fisher-Price at
(888) 496-8330 anytime or visit the firm's Web site at www.mattel.com/safety
Graco Children's Products, Inc. and Britax Child Safety, Inc. have each recently issued safety alerts related to certain models of child safety seats for automobiles.
Affected Graco seats have misrouted lower anchor belts -- a flaw that could prevent the seat from remaining firmly restrained in the event of a collision, and potentially lead to serious injuries. On affected units, the lower anchorage belt was mistakenly routed behind the shoulder portion of the harness rather than under the buckle portion of the harness. These seats are not being recalled, but the manufacturer has issued a safety notice and instructions for re-routing the lower belt.
The Britax seats are being recalled because under certain circumstances, when the harness adjuster strap is pulled from an angle, the bezel may separate from the restraint shell, causing difficulty with the proper adjustment of the harness. This difficulty may lead to improper usage or adjustment, and a loose-fitting belt may ultimately cause injuries in the event of an accident.
Toshiba America has announced an expanded voluntary recall of defective lithium-ion laptop batteries manufactured by Sony Corporation. The batteries, which pose a fire hazard due to overheating, were not included in the much wider recall of Sony laptop batteries issued in 2006, also due to fire hazards from overheating. Most of the affected batteries accompanied new Toshiba Satellite and Tecra notebook computers with any of the following model numbers: Continue Reading...
Certain 2007 Toyota Tacoma 4x4 Trucks are being recalled by the National Highway Transportation and Safety Administration (NHTSA) and Toyota Motor Corporation due to a drivetrain defect. Approximately 100 trucks are currently subject to the recall, involving rear propeller shafts which were improperly cast and my fail, separating and coming into contact with the road. Under the recall, scheduled to begin on or around August 8, 2007, authorized dealers will replace the rear propeller shaft with a new one free of charge.
Truck owners with questions concerning the recall are instructed to call Toyota at 1(800) 331-4331, or by contacting NHTSA at 1(888) 327-4236, or via their recall website: http://www.safercar.gov.
If you or a family member believes that you have a case involving an automobile accident or defective product, please contact us on-line at Regan Zambri & Long or call us at 202-463-3030 for a free consultation. If you would like to receive our complimentary electronic newsletter, please click here.
Vinyl baby bibs sold at Toys "R" Us stores may contain dangerous levels of lead, according to a recent Washington Post article. The bibs were produced in China for Louisiana-based Hamco Baby Products.
According to the Post article, the Center for Environmental Health in Oakland, California -- a nonprofit environmental advocacy group -- purchased bibs from Toys "R" Us and had their lead levels independently analyzed earlier in the year. When they failed to meet acceptable health and safety standards, the group notified the store and threatened legal action if the bibs weren't removed from shelves.
Toys "R" Us is conducting additional tests on the bibs, and has said the products will be removed if found to contain unacceptable levels of lead. According to the store, the products it sells are regularly analyzed to ensure acceptable lead levels. This additional testing is being conducted in response to the findings of the Center for Environmental Health, and in response to a decision by Wal-Mart to remove lead-tainted bibs from its shelves earlier this year. Wal-Mart removed its lead-tainted bibs after the Center for Environmental Health determined that they were unsafe and threatened legal action.
More than a quarter million defective Chinese tires are being recalled by New Jersey-based Foreign Tire Sales, because they lack a gum strip -- a band of rubber designed to keep the steel belts from separating. Belt separation can cause the tires to split apart at high speeds, and the flaw has already resulted in some fatalities. The tires were sold under the brand names Westlake, Compass and YKS from 2004 to mid-2006, and were marketed for use on SUVs, trucks and vans. About 1,100 of the tires were sold in Virginia, but none are known to have been sold in Maryland or DC. Continue Reading...
Mattel, Inc. has announced an expanded recall of 9 million toys due to health threats posed by powerful magnets and toxic lead paint. Approximately 1.5 million toys were recalled on August 1st, all of which had been manufactured in China. These latest additions were also manufactured in China. Among those magnetic toys most recently recalled are Polly Pocket toys, Barbie and Tanner sets, Doggie Daycare sets and Batman figurines. Sarge characters from the movie Cars are being recalled due to toxic surface paint.
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Red yeast rice and red yeast rice supplements are often marketed as cholesterol-lowering alternatives to medication. The U.S. Food and Drug Administration (FDA) has announced, however, that some red yeast rice products may lower peoples' cholesterol because manufacturers have been illegally lacing them with lovastatin -- the active ingredient in Mevacor, a prescription cholesterol drug. The FDA has issued warnings related to the following specific red yeast rice products:
Red Yeast Rice and Red Yeast Rice/Policosonal Complex, sold by Swanson Healthcare Products, Inc. and manufactured by Nature’s Value Inc. and Kabco Inc., respectively
Cholestrix, sold by Sunburst Biorganics.
They warn that the products are particularly dangerous because consumers may be eating the rice for its health benefits precisely because they are not good candidates for treatment with lovastatin. Additionally, they may not know the side effects of lovastatin or the ways in which it could interact with other prescription drugs they may be taking.
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Recalls.gov is a web-based resource that helps remove those products from the homes of consumers in instances where they've already been sold. You can always be notified of product recalls by filling out and returning the product registration card of any appliance or product that you purchase.
Alternatively, however, you can now sign up to receive free email notifications of recalled goods from their respective regulatory agencies. The site can also be used to search a comprehensive database of recalled products, and warnings that have been issued by three other agencies, as well: the National Highway Transportation Safety Administration (NHTSA), the Environmental Protection Agency (EPA) and the U.S. Coast Guard. The site also enables consumers to report potentially dangerous products and serves as a repository for general safety information. Continue Reading...
After a local incident of carbon monoxide poisoning, D.C. Fire and Rescue officials say the episode was likely related to a malfunctioning hot water heater in the basement of a house. Carbon monoxide is a colorless, tasteless and practically odorless gas, and is highly dangerous.
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Ford Motor Company has announced a voluntary expanded recall of 3.6 million vehicles due to fire safety concerns stemming from faulty cruise control switches. The recall now includes more than a dozen models of vehicle built between 1992 and 2007.
In January 2005, the company had recalled approximately 6 million vehicles with similar cruise control switch problems. According to Ford, newly-affected owners will begin receiving notices of the expanded recall on August 15, 2007.
Owners with immediate questions regarding the recall are instructed to call (888) 222-2751.
Whole Foods Market has issued a recall of Swiss Dark Chocolate Bars marketed under the 365 Organic Everyday Value label, because they could contain undeclared almonds. The chocolate bars were sold in stores throughout the U.S., including Maryland, Virginia and the District of Columbia. According to the U.S. Food and Drug Administration (FDA), the bars affected by the recall have a lot code that begins with the letters "L71423" followed by a time stamp of between the hours of 11:33 and 12:15. The time stamp can be found on the back of the wrapper. The recall is only being conducted because the product ingredient label does not include almonds -- a flaw that has been tied to a temporary error in the packaging process. Customers who purchased the chocolate bars can return them to the store for a full refund, or may call Whole Foods Markets at (512) 542-0656. According to the Nemours Foundation, sponsor of the popular Healthy Kids' Organization, some of the earliest signs or symptoms that you're experiencing a nut allergy may include: Continue Reading...
Fisher-Price and its parent company, Mattel, Inc., are recalling 83 kinds of children's toys, including Sesame Street, Sponge Bob and Dora the Explorer figures among others, because surface paint on the toys contains high levels of lead. The U.S. Consumer Product Safety Commission (CPSC) has stated that the toys were available in most major retail stores between May 2007 and August 2007, for prices between $5 and $40. The recall is the first ever for Fisher-Price or Mattel, Inc. involving lead paint, and the largest recall for Mattel, Inc. in nearly a decade. No injuries have yet been attributed to the toys, which were manufactured in Chinese facilities.
CPSC advises that parents who have purchased any of the recalled toys immediately place them out of reach of children, and contact Fisher-Price at (800) 916-4498, or by visiting their recall website, at http://www.service.mattel.com, to obtain replacement instructions.
The U.S. Supreme Court recently agreed to hear a product liability case with significant implications for the medical device industry and for any patient treated with medical devices. The Public Citizen Litigation Group is representing Charles Riegel, in the case Riegel v. Medtronic; a case stemming from an incident in which Mr. Riegel was seriously injured by a defective cardiac catheter. Medtronic asserts that the Food, Drug, and Cosmetic Act preempts state laws damages actions brought by injured patients in cases where the injury resulted from a device permanently approved by the U.S. Food and Drug Administration.
The Bayer Ascensia Contour Blood Glucose Monitoring System, Product 7152A has been recalled by Bayer Healthcare and the U.S. Food and Drug Administration (FDA). The reason for the recall is that the numeric display reports the wrong units of measure for Canadian users. According to the recall notice, though the monitors should display results in mmol / L format, they are instead calibrated to display in mg / dL format -- a mistake that could easily lead to mis-management of blood sugar levels, potentially causing hypoglycemia.
Patients with questions regarding the recall are instructed to call Bayer Healthcare at 1-574-256-3441.
For information about your legal rights, please click here or call the law firm of Regan Zambri & Long, PLLC at 202-463-3030.
Guidant Heart Defibrillator manufacturer, Boston Scientific, settled about 4,000 patient lawsuits this week for $195 million, according to the New York Times. Those patients claimed that the corporation neglected to inform them of potential flaws in the heart device -- at least seven people died following malfunctions caused by faulty insulation.
Several canned products from Castleberry's Food Company may be contaminated with Botulism, and are being voluntarily recalled, according to the U.S. Food and Drug Administration (FDA). Following is a list of affected products:
"Castleberry's Hot Dog Chili Sauce, 10 oz can (UPC 3030000101)
Austex Hot Dog Chili Sauce, 10 oz can (UPC 3030099533)
Kroger Hot Dog Chili Sauce, 10 oz can (UPC 1111083942)
Morton House Corned Beef Hash, 15 oz can (UPC 7526665830)
Cattle Drive Chili with Beans, 15 oz can (UPC 3030001515)
Southern Home Corned Beef Hash, 15 oz can (UPC 0788015360)
Meijer Corned Beef Hash, 15 oz can (UPC 4125095229)
Castleberry's Chili with Beans, 15 oz can (UPC 3030001015)
Castleberry's Barbecue Pork, 10 oz can (UPC 3030000402)
Bunker Hill Chili No Beans, 10 oz can (UPC 7526604112)"
The Hasbro corporation is recalling approximately 1 million children's Easy Bake ovens. The move follows 249 incidents of kid's hands becoming stuck in the opening, and 77 incidents of burn injury, 16 of which involved second or third degree burns. One 5-year-old girl sustained burns that necessitated finger amputation. An earlier recall of the same toys involved the installation of a repair kit, whereas this recall requires a complete replacement of the toy. Continue Reading...
A recall of the Thomas & Friends wooden train set by the Consumer Product Safety Commission (CPSC) has once more thrust the safety of imported goods -- particularly those from China -- into the spotlight. This latest recall of the Thomas & Friends set stems from the presence of lead in paint used to manufacture the toys. If ingested, the paint can cause brain damage. According to the recall notice, approximately 1.5 million units are affected by the recall. Customers are advised to collect the toys immediately, and to contact the importer for a replacement toy.
The CPSC notice states: "For additional information, contact RC2 Corp. toll-free at (866) 725-4407 between 8 a.m. and 5 p.m. CT Monday through Thursday and between 8 a.m. and 11 a.m. CT Friday, or visit the firm's Web site at recalls.rc2.com."
If you or a family member believe that you have a case involving personal injury or a defective product, please contact us on-line at Regan Zambri & Long or call us at 202-463-3030 for a free consultation. If you would like to receive our complimentary electronic newsletter, please click here.
According to a recent study published in Pediatrics, the official journal of the American Academy of Pediatrics, between the years of 1990 and 2004, more than 140,000 kids made trips to U.S. emergency rooms due to lawn mower accidents -- almost 9,400 visits annually. The average age of the injured children was 10.7 years, and 78% were boys. Most typically, injuries included lacerations, burns, eye damage, soft tissue damage and bone fractures.
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Following an expanded recall of the Kugel hernia patch, The U.S. Food and Drug Administration (FDA) has inspected the headquarters of its manufacturer, Davol, Inc., and issued the company a warning, citing serious quality control problems related to the manufacture of its surgical patch and an associated fixation device. The inspection was completed in March, 2007.
A longstanding safety problem with kitchen ranges could affect as many as 20 million homes in the U.S., consumer advocates warn. Affected ovens tip forward when weight is applied to open doors or lower drawers, crushing and burning consumers in the process. According to Public Citizen, a national non-profit public interest group, reports of fatalities include children as young as 12 months, weighing as little as 24 pounds, and elderly people who lean on the appliances for support, particularly when cleaning or cooking. More than 100 reported cases of death and injury from scalding due to hot foods have surfaced to date. Officials believe the true number is actually much higher.
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If you're in the market for a used car, shop carefully. Just because the dealer indicates that a used car is "certified," that's not necessarily an indication of whether there has been a thorough inspection or even if a supposed warranty has been voided. California state estimates suggest that one in 25 used cars involved in an accident has had stolen, fake, or salvage airbags installed, in part because new ones can cost upwards of $3,000.
You can search the airbag deployment history of any vehicle for free on the Carfax website (other Carfax services require a fee), but beware -- there's no guarantee that all airbag deployments have been reported to that database. A reality check by an independent and reputable inspector should always be done before any potential used car purchase.
Consumer Affairs.com notes that unlike new car purchases made from a dealership, no safety standards protect used car buyers from falling prey to unscrupulous re-builders who may install replacement airbags incorrectly, or who don't actually replace them at all.
If you're buying a used car, the Automotive Occupants Restraint Council (AORC) recommends that you watch for the following signs that its airbags are missing, re-manufactured, or fake:
"Peeling paint or paint and glue drips on the airbag cover.
Unclear, illegible, or messy lettering or logos on the outside.
Uneven or lopsided look to the airbag cover.
Torn, frayed or warped cover.
The outside color of the airbag module does not match the rest of the vehicle's interior colors.
The airbag warning light remains on or the warning light does not illuminate during vehicle startup. (During vehicle startup, the airbag warning light on the instrument panel should illuminate and stay on for four to seven seconds, then remain off. This brief illumination indicates a normal self-diagnostic check of the airbag wiring system."
If you or a family member has been involved in an automobile accident case, please contact us on-line at Regan Zambri & Long or call us at 202-463-3030 for a free consultation. If you would like to receive our complimentary electronic newsletter, please click here.
The Consumer Product Safety Commission (CPSC) has announced a voluntary recall by BSH Home Appliances Corporation, a subsidiary of Bosch Appliances, of two models of its Thermador ceramic cooktops, which turn on by themselves. Consumers are urged to turn off these affected units at the circuit breaker between uses, and immediately contact the manufacturer to arrange a free in-home repair. BSH's Recall Hotline is 1-800-758-1001.
June is also National Home Safety Month, and to heighten awareness of home safety issues like those posed by defective appliances, the Home Safety Council offers these kitchen and burn safety tips:
"Cooking Safety:
Always stay in the kitchen while cooking.
Keep things that can burn, such as dishtowels, paper or plastic bags, and curtains at least three feet away from the range top.
Keep the range top and oven clean.
Before cooking, roll up sleeves and use oven mitts. Loose-fitting clothes can touch a hot burner and catch on fire. If clothes do catch fire, "Stop, Drop and Roll" by dropping immediately to the ground and rolling over and over or back and forth to put out the flames. Cool the burned area with cool water and seek medical attention for serious burns.
Always turn pot handles inward to prevent small children from reaching and pulling down a hot pan.
Keep hot items, such as hot beverages and trays that have just come out of the oven away from the edge of counters, so that children are not able to reach them.
Hot liquid and food burns often occur when children pull hanging tablecloths or placemats. Use tablecloths and decorations with care.
Food cooked in a microwave can be dangerously hot. Remove the lids or other coverings from microwaved food carefully to prevent steam burns.
For extra care with toddlers and infants, use travel mugs with a tight lid for coffee, tea or other hot beverages.
Keep children and pets away from the range when anyone is cooking and keep a close eye on them at all times.
Every kitchen should be protected by Ground-Fault Circuit Interrupters (GFCIs). If you don't have them, hire an electrician to install these devices to protect electrical receptacles in the kitchen.
For safer water temperatures to prevent scalds from hot tap water, keep your hot water heater set 120 degrees Fahrenheit or below.
Store knives and other sharp objects out of the reach of children and make sure children are a safe distance away when you are using knives to avoid injuries.
Never leave barbecue grills unattended while in use.
Keep grills at least three feet away from other objects including the house and any shrubs or bushes.
Douse cigarette and cigar butts with water before dumping them in the trash.
The Consumer Product Safety Commission (CPSC) has announced a recall of 450,000 infant car seats by manufacturer, Evenflo. The carrying handle on many units can release unexpectedly, causing falls and other injuries. One hundred sixty child injuries have been attributed to the handles; among them, two concussions and a fractured skull.
The recall notice advises that the child seat is safe to use for travel when properly belted into an automobile, but consumers should not rely on the carrying handle until a repair kit has been fitted to the product.
For additional information regarding this product safety recall, call Evenflo at (800) 490-7497, or visit the company's recall website.
If you or a family member believes that you have a case involving Evenflo infant car seats, please contact us on-line at Regan Zambri & Long or call us at 202-463-3030 for a free consultation. If you would like to receive our complimentary electronic newsletter, please click here.
The warning is unique in that it carries no legal weight, as the understaffed agency lacks the number of commissioners necessary to compel Kazuma to comply with an investigation.
According to CPSC, however, owners should stop using the ATV immediately, and demand a refund from the importer or dealer from whom it was purchased. The model’s lack of front brakes and parking brake, as well as its missing neutral indicator light, and ability to be started while in gear, make it a particularly unsafe vehicle. Additionally, the owner’s manual lacks important information regarding its safe operation. Because this model is designed for users between 6 and 11 years of age – riders whose handling skills are under-developed – the defects are considered especially dangerous.
Even “safe” ATVs can be dangerous if not used appropriately. If your summer vacation plans include ATV use, do yourself a favor and consider these ATV recommendations from the National Safety Council:
"An ATV is not a toy. Children should not be permitted to operate ATVs without specialized training and then they should be allowed to only operate an ATV of an appropriate size. Contact the ATV Safety Institute to enroll in a course.
ATVs with an engine size of 70cc to 90cc should be operated by people at least 12 years of age.
ATVs with an engine size of greater than 90cc should only be operated by people at least 16 years of age.
Wear appropriate riding gear: DOT-, Snell ANSI-approved helmet, goggles, gloves, over-the-ankle boots, long-sleeve shirt and long pants.
Read owners manuals carefully.
ATVs are not made for multiple riders. Never carry anyone else on the ATV.
Any added attachments affect the stability, operating and braking of the ATV.
Just because an attachment is available doesn't mean that it can be used without increasing your risk of being injured.
Do not operate the ATV on streets, highways or paved roads."
The U.S. Consumer Product Safety Commission has announced that the Holmes Group has recalled oil-filled electric heaters due to fire concerns. The recall involves Holmes oil-filled electric heaters with model number HOH2505 and HOH2520. The model number and “Holmes®” are printed on the side of the unit near the bottom.
The Holmes Group has received reports of 59 incidents involving the recalled heaters. There were 12 reports of minor injuries including four reported burns. There were 36 reports of property damage including four fires that caused between $41,000 and $200,000 in damage.
Consumers should immediately stop using the recalled heaters and contact the Holmes Group to receive a free replacement heater. Please review the recall for more information.
According to a recent press release by 24-7 Press Release, an on-line press release
distribution service, "Child car seats can cause serious damage or personal injury if not
designed or used correctly."
"/24-7PressRelease/ - March 21, 2007 - Motor vehicle accidents are the leading
cause of death for anyone in the U.S. from birth until his or her teen years. Child
car seats are designed to prevent death and minimize injuries to children in the
event of an automobile accident. There are many reasons why child car seats
sometimes do not perform as they should, not the least of which is that many
parents do not know when to use them or how to use them correctly. In addition
to failing to protect a child from harm if a child's car seat that does not work as
intended, a defective car seat can actually cause additional injuries to a child.
The more common child seat defects include:
Shoulder straps may slide loose or unclip under the force of an automobile
collision, resulting in full or partial ejection from the seat.
The slot where the seat belt holds the car seat in position is not strong enough
to hold the seat in place during a car accident.
Inadequate pelvic protection allows the child to slide down in the seat during a
car crash.
Other problems include weak construction, unanticipated rotation, sudden
releases and defective handles, among others. Holding child car seat
manufacturers liable for injuries resulting from their defective products ensures
that child car seat quality and technology will continue to improve.
When you buy a car seat for your child, you should frequently check if the car
seat has been recalled. Manufacturers are required to fix the problem free of
charge. If your car seat is recalled, be sure to get it fixed immediately.
Information on child car seat recalls is available on U.S. Department of
Transportation website. You may also obtain updated information by calling
the Auto Safety Hotline toll-free at 1-888-DASH-2-DOT, which is provided by
the U.S. Department of Transportation (DOT).
One of the easiest ways to keep track if any recalls have been issued for your
car seat is for you to register it. If you have an older model that has not been
registered, the Auto Safety Hotline provides information on how to do so.
Before you call the Auto Safety Hotline, however, you should have the
Manufacturer's Name, the car seat's name and model number, and the date
of manufacture readily available. You may find this information on labels that
are typically attached on the back, the side, or underneath the car seat. If the
information is in number codes, it may be best to have the car seat readily
available when you make your call.
Of course, when initially purchasing a car seat for your child, you may wish
to first consult a consumer reporting agency and pay close attention to
height and weight limits of the car seat as your child grows. You should
also make sure that the car seat is compatible with your car."
For many years, hospitals, pharmaceutical companies, insurance companies, and defendants generally have settled cases with the caveat that the settlement and facts of the case be kept secret forever. Although their wrongdoing may have seriously, if not fatally, injured victims, their goal was to shield the rest of the world from their misconduct. In a recent decision governing the professional conduct of lawyers, the District of Columbia Office of Bar Counsel has made clear that a settlement agreement “may not compel counsel to keep confidential . . . public information about the case, such as the name of the opponent, the allegations set forth in the complaint on file, or the fact that the case has settled.” Bar Counsel rightly determined that, among other things, suppression of this information works to keep important information from other victims who deserve to know that their injuries may have been caused by the wrongdoing of others.
For the complete text of the rule governing lawyer conduct, please click here.
Fire fatalities have steadily declined in the United States over the last few decades due in part to improved building codes requiring safety measures such as sprinkler systems, multiple fire exits and fire-resistant construction materials. The recent deadly blaze in the Bronx, however, serves as a reminder that many of the country's big cities are packed with homes that have none of these safety features. The March 7, 2007 fire claimed 10 lives when flames ignited by a space heater ripped through a century-old town house inhabited by two immigrant families from West Africa. Investigators discovered a variety of dangerous conditions in the three-story home, such as no sprinklers or fire escape and only one stairwell, leaving residents no way out once that exit was blocked by flames. The house had only two smoke detectors, neither of which had working batteries or was hard-wired to the electrical system, and was crowded with 22 residents, most of them children. None of these deficiencies appeared to violate the city's building code.
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The death toll from carbon monoxide (CO) associated with power generators has been steadily rising in recent years. The U.S. Consumer Product Safety Commission (CPSC) released a warning concerning this issue.
The CPSC found that "[A]t least 64 people died in 2005 from generator-related CO poisoning. Many of the deaths occurred after hurricanes, ice storms and blizzards. CPSC staff is aware through police, medical examiners and news reports of at least 32 CO deaths nationwide related to portable generators from October through December 2006."
If you have any questions concerning this topic, please email the attorneys at Regan Zambri & Long or call us at (202)463-3030.
The U.S. Consumer Product Safety Commission (CPSC) has recently announced that Nexgrill Industries Inc. has agreed to pay a $300,000 civil penalty to settle allegations that the company failed to report a hazard with its gas grills. The penalty has been provisionally accepted by the Commission.
The Commission reported that "[B]etween April 2004 and October 2005, Nexgrill received 20 reports of gas grill fires, including three reports of minor burn injuries." Nexgrill failed to report the defect to the Commission for at least 10 months. For more information, please review the Commission's announcement as well as the recall.
If you have any questions concerning this topic, please email the lawyers at Regan Zambri & Long or call us at (202) 463-3030.
The US Consumer Product Safety Commission (CPSC) recently announced that the Hoover Company has agreed to pay a $750,000 civil penalty. The penalty, which the Commission has provisionally accepted, settles allegations that the company failed to report to CPSC the sale of vacuum cleaners with defective on-off switches that can overheat and cause the vacuum cleaner to catch fire.
In April 2005, Hoover conducted a recall of 636,000 Hoover Self-Propelled Upright Vacuum Cleaners because of defective on-off switches. In June 2004, after CPSC received notice of several vacuum cleaner incidents, the Commission staff requested Hoover provide a full report of incident information. In July 2004, when Hoover submitted a full report, it had notice of 260 consumer incidents, of which 141 involved reports of fire. Additionally, there was one report of a minor burn injury. Hoover first learned of a vacuum cleaner switch when one of these units overheated and melted in April 1999.
For more information concerning this topic, please review the Commission's announcement.
On January 18, 2007, Consumer Reports withdrew its recent claim that most infant car seats failed the magazine's front and side crash tests. A new report will be published with any necessary revisions as soon as possible after the new tests are complete.
The magazine stated: "[W]e withdrew the report immediately upon discovering a substantive issue that may have affected the original test results. The issue came to light based on new information received Tuesday night and Wednesday morning from the National Highway Traffic Safety Administration (NHTSA) concerning the speed at which our side-impact tests were conducted."
Consumer Reports still urges the public to remember that use of any child seat is safer than no child seat, but to suspend judgment on the merits of individual products until the new testing has been completed and the report re-published.
For more information, please review the statements made concerning this issue by the National Highway Traffic Safety Administration (NHTSA) and Consumer Reports.
As recently reported by the Associated Press, a recall order has been issued for "about 2.3 million Christmas light sets, imported by Hobby Lobby Stores Inc., because the wires can separate from the plugs or light sockets, which poses as an electric shock and fire hazard. The Consumer Product Safety Commission received one report of a person receiving a minor shock after touching a light string. Hobby Lobby received one report of melting wires.
The following light sets are included in the recall: 100 Count Indoor/Outdoor Super Bright Mini Light Set; 50 Count Classic Colors Indoor Super Bright Mini Light Set; 150 Count Indoor/Outdoor Ribbon Style Net Light Set; 100 Count Indoor/Outdoor Miniature Trunk Net Lights Set and 300 Count Indoor/Outdoor Hang-Straight Icicle Light Set. All colors for each set are being recalled. The recalled light sets have either E-214285, E-124315 or E-65692 printed on the upper left side of the white tags attached to the wire.
Hobby Lobby stores nationwide sold the lights from June 2006 through early December 2006. Consumers should return the lights to a Hobby Lobby store to receive a Hobby Lobby exchange card. For more information, contact the company at 800-326-7931 or visit http://www.hobbylobby.com or http://www.cpsc.gov."
According to a recent story by Guy Leonard, Prince George’s County Fire Chief Lawrence Sedgwick is pushing for legislation in Maryland that would compel tobacco companies to ship fire-safe cigarettes to smokers. Sedgwick announced his plan after several cigarette-related burn injuries and one death in a four-day period.
Six states have laws requiring tobacco companies to sell fire-safe cigarettes, products that burn more slowly when left unattended, to customers. ‘‘As a fire chief, I am outraged that cigarette products are manufactured and available that would save lives and reduce property loss, however are only distributed in six states,” Sedgwick said. To find out more, please review the full story.
In a November 21, 2006 release, the U.S. Public Interest Research Group (U.S. PIRG) has called for warning labels on toys with magnets after more than 4 million Mattel, Inc. play sets were recalled due to injuries to several children who swallowed magnets that fell off. The U.S. Consumer Product Safety Commission (CPSC), which announced the recall of magnetic Polly Pocket sets as the holiday gift-buying season begins, urged shoppers to avoid buying toy sets with small magnets for children under 6. The recall does not include Polly Pocket play sets now on store shelves, which were redesigned to make them safer, according to CPSC spokesperson, Scott Wolfson. The CPSC received nearly 200 reports of the small magnets falling from Polly Pocket dolls and accessories. Three children swallowed more than one magnet and suffered intestinal perforation that required surgery. U.S. PIRG said the CPSC should require labels on all magnetic toys warning parents to seek immediate medical help if their child has swallowed a magnet.
Britax Child Safety, Inc., is conducting a recall of its “Companion” infant-only car seat model E9L14, according to the National Highway Traffic Safety Administration. Some of the seats were improperly assembled, and might cause serious injury or death to a child in the event of a vehicle crash.
Owners of the seat may call Britax at (888) 427-4829. If the carrier was assembled incorrectly, Britax will replace the seat free of charge.
If you or a family member believes that you have a case involving a child’s car seat, please contact us on-line at Regan Zambri & Long or call us at 202-463-3030 for a free consultation. If you would like to receive our complimentary electronic newsletter, please click here.
The Consumer Product Safety Commission, whose mission is to protect consumers, cannot report how effective a given recall is, because of freedom of information issues.
Meanwhile, most companies try to avoid using the word “recall”. For example, Apple called its recall of laptop batteries a “battery exchange” despite their serious safety risks of catching fire and potential to cause serious injury or damage.
If you or a family member believes that you have a case involving a defective product, please contact us on-line at Regan Zambri & Long or call us at 202-463-3030 for a free consultation. If you would like to receive our complimentary electronic newsletter, please click here.
Sony Corp. on October 23, 2006 issued a battery recall for its lithium-ion batteries that came with its notebook computers. Sony has acknowledged that these batteries are vulnerable to overheating or combustion.
The batteries are found in laptops made by Fujitsu, Sony, Gateway, and Toshiba. The CPSC has a complete listing of the models containing the recalled batteries. Consumers should remove the batteries from their laptops and contact the manufacturer, which will replace the batteries free of charge.
Are you in the market for a new or used car? If so, use extreme caution. Even the most luxurious of cars can be lemons. In 2005, the state of Florida reported 12 Jaguars and a $600,000 Lamborghini “bought back” by manufacturers under the Florida lemon law.
There are a few tips everyone can follow to avoid buying a lemon:
Rember that the car salesmen you are dealing with is a seller. The salesman may not give you complete information about your car.
Research. Research. Research. Check out automobile review sites online to know what problems typically plague the type of car you are interested in. More importantly, check your state’s database (you can find out how many of your type of car has been “bought back”). Also search www.kbb.com and www.edmunds.com for values of the car you're considering and the value of the car you're trading in.
According to a recent article in the St. Petersburg Times, two lawsuits recently filed in Tampa allege that the Bluetooth devices manufactured by Motorola, Plantronics, and Jabra can cause permanent hearing loss, and that these manufacturers have failed to warn consumers of the known dangers.
Earlier this week, the Bush Administration attempted to circumvent judicial rulings requiring the public reporting of defects and safety hazards in automobiles. This attempt by the Bush Administration could cause thousands of potential injuries or deaths due to the lack of public information concerning dangerous vehicles. The following is the statement of Joan Claybrook, the President of Public Citizen. The full text is available at Public Citizen's October 31, 2006 statement.
"After losing in the court, the Bush administration has decided to try yet again to issue a rule that will keep the public in the dark about potential defects and other safety hazards in the cars they drive.
The National Highway Traffic Safety Administration (NHTSA) today issued a proposed rule restricting public access to much of the "early warning data" submitted by the auto and tire industry under the 2000 Transportation Recall Enhancement, Accountability, and Documentation Act (TREAD Act) when there is a death or injury known to the manufacturer.
Carbon monoxide (CO) is a colorless, odorless gas produced by burning material containing carbon. CO poisoning can cause brain damage and, in severe cases, death. Because you cannot see it, smell it, or taste it, even at toxic or life threatening levels, it is considered a silent killer. Since so many deaths occur as the result of defective or poorly operated home heating devices, CO has been termed the "silent, cold weather killer." According to eMedicineHealth, it is the leading cause of accidental poisoning deaths in the United States. The U.S. Centers for Disease Control and Prevention (CDC) reports that, while all people are at risk for CO poisoning, certain groups — unborn babies, infants, and people with chronic heart disease, anemia, or respiratory problems — are more susceptible to its effects.
This morning, October 31, the U. S. Supreme Court heard argument in a critical case which will determine whether tobacco companies can be held accountable for punitive damages for egregious conduct in deceiving consumers for more than 50 years. The plaintiff, Jesse Williams, believed the industry fraudulent propaganda that cigarette smoking does not cause cancer. The case of Philip Morris v. Williams has been touted as the most important business case in front of the most pro-business Supreme Court in years and has already been the subject of a news blitz.Continue Reading...
According to a recent article in the Los Angeles Times, many products banned by other countries are imported into the United States for use. The article specifically focuses on birch and poplar plywood, which are readily available at stores such as Home Depot. This plywood is used by manufacturers to make everything from cabinets to furniture. According to the article, the plywood contains 100 times more formaldehyde than the legal limit in Japan and 30 times more than the acceptable limits in Europe. Formaldehyde is a cancer causing chemical used in the glue which binds the plywood together.
The National Highway Transportation Safety Administration (NHTSA) recently proposed that all vehicles include an electronic stability control (ESC) feature. ESC is the generic term for systems designed to improve a vehicle’s handling, particularly at limits where the driver is more likely to lose control of the vehicle. It uses brakes and engine power to keep a vehicle from veering out of control.
According to studies by the National Institute for Highway Safety, fatalities would be reduced by 50% in single vehicle crashes and all crashes by more than one-third. The leading public health issue for teenagers is car crashes, since teens account for a disproportionate number of automobile crashes. Teenage drivers are involved in more single car crashes for a number of reasons, most often because they drive fast, they are more easily distracted, and they don’t use safety belts as frequently as older drivers.
NHTSA expects that, if adopted, the electronic stability control feature would become as revolutionary in vehicle crash safety as seat belts. Although seat belts protect when an accident happens, ESC prevents many accidents from happening.
If you or a family member believes that you have a case involving an automobile crash, please contact us on-line at Regan Zambri & Long or call us at 202-463-3030 for a free consultation. If you would like to receive our complimentary electronic newsletter, please click here.
The Nunes Company, Inc. based in Salinas California has initiated a recall of its lettuce for possible E. Coli contamination. The recall applies to green leaf lettuce distributed under the Foxy brand. The FDA determined the source of the E. Coli contamination was the water used to irrigate the lettuce plants in the field.
While there have been no cases reported of illness from the lettuce, the FDA urges suppliers and consumers alike to err on the side of caution. To limit the possibility of E. Coli contamination, in August 2006, the FDA in conjunction with California’s Department of Health Services and Department of Food and Agriculture launched the Lettuce Safety Initiative to minimize risks and create awareness. This initiative has since been expanded to include spinach and other leafy greens.
For further information about automobile recalls, The National Highway and Traffic Safety Administration provides a searchable database, forms for reporting defective products, and crash test results for SUVs, along with links to other auto safety websites.
Every year enjoyment of summer is marked by tragedy when swimmers drown or are permanently injured in near-drowning accidents. It has been estimated that as many as 350 children under the age of 5 drown in pools each year and another 2,600 are treated for near-drowning incidents. Other dangers exist as well, especially of spinal injuries or paralysis from diving into too shallow water or injury from slips and falls.
According to a recent article in Business Week Online, The Truth About Fiery Laptops, the recent Sony recall of six million laptop batteries for Dell and Apple laptop computers brings to light an inherent danger in lithium batteries. Although the risk of laptops bursting into flames is relatively small, a large amount of power packed into a very small space does create a potentially dangerous situation. An explosion fire can develop in any of the following situations: overcharging the battery, electrical fault such as short circuit, combination of oxygen, fuel and heat inside the cells, or physical damage to the battery.
Lithium batteries apparently are the only real choices for laptop batteries. Consumers should minimize their risks by treating the batteries gently, protecting them from overheating, and removing batteries while traveling. To verify whether your laptop battery is affected by the recent recall, check one of the following press releases by the U.S. Product Safety Commission (CPSC).
The Insurance Institute for Highway Safety reports that the Kia Sedona and Subaru Impreza were the best performers in this spring’s test of minivans and small cars. The Sedona is the first minivan to earn the Top Safety Pick award and the Impreza is only the second small car to earn the award.
While other minivans perform well in front and side crash tests, the Sedona is the first to achieve a satisfactory level of rear crash protection, reports Institute president Adrian Lund. Lund praised Kia for designing the seat and head restraints for protection in “the most common kinds of commuter traffic crashes.” The most common form of injury from rear impact crashes is whiplash, which costs insurance agencies about $8.5 billion a year for about 2 million claims.
The Institute also tested a hybrid car for the first time, the Toyota Prius. The Prius performed well in front crash testing. However, when it came to side crash testing, the presence of the optional side air bags made a world of difference. Without the airbags, the dummy’s head struck the car with a force that was likely to cause serious skull fracture and brain injuries. With the optional airbags, all injury measures were low. Optional side airbags also proved critical in the side impact crashes of the Dodge Grand Caravan, which had similar results.
Fun Express, Inc. in cooperation with the Consumer Product Safety Commission, is voluntarily recalling about 340,000 small bendable toys shaped like cats and dogs. Although no injuries have been reported, it has been determined that the toys contain excessive levels of lead. The toys were given away by libraries nationwide as incentives in reading programs.
For more information, please call Fun Express directly at 1-800-723-6155. The toys should be destroyed immediately.
The NHTSA and CPSC list the following recommendations on the proper use of bicycle helmets, clothing, rules of the road, and education and training programs in efforts to ensure safer bicycle usage:
The U.S. Consumer Product Safety Commission , in cooperation with DEWALT, recently announced a voluntary recall of DEWALT DC305 Model Reciprocating Saws. Consumers should stop using this product immediately unless otherwise instructed. The recall states that "the switch on these saws can short circuit, posing a fire hazard." The announcement also states that: "DEWALT has received four reports of short circuits in the switch of these saws. One of these incidents was a report of a fire resulting in extensive damage, though the cause of this fire has not been confirmed. Another fire reportedly resulted in minor damage, and the other two incidents resulted in melting damage to the units. No injuries were reported."
Please review the Safety Commission's press release for additional information. If you have any questions concerning this topic, please email the attorneys at Regan Zambri & Long or call us at (202) 463-3030.
Please review the entire advisory for more information. If you have any questions concerning this important topic, please email the attorneys at Regan Zambri & Long or call us at (202) 463-3030.
The U.S. Centers for Disease Control and Prevention (CDC) reports that "preliminary data show that a high proportion of cases reported using a Bausch & Lomb ReNu contact lens solution." Bausch & Lomb, Rochester, New York, recalled the ReNu solution earlier this year.
The culprit appears to be a fungal infection. Hundreds of people said they contracted the dangerous microbe while using a new multipurpose lens solution made by Bausch & Lomb Inc. Keratitis is an inflammation of the cornea, the front part of the eye. Keratitis has many causes including bacteria, viruses and fungi. CDC is currently investigating reports of keratitis caused by Fusarium, a type of fungus.
Consumer lawsuits against Bausch & Lomb have been filed in many U.S. courts. Lawyers predict 500 to 700 people were injured and will have to seek redress for their Fusarium keratitis infections in trials beginning as early as next summer.
According to the CDC, of the 180 infected patients in 35 states, 59 needed cornea transplants. To learn more about this type of infection please click on that link.
If you or a family member believe you may have been injured by this an infection due use of the ReNu solution, please call us at (202) 463-3030 or contact us electronically at Regan Zambri & Long.
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