Washington Personal Injury Lawyer & Attorney : Regan Zambri & Long Law Firm : DC Metro Area Personal Injury Law Blog

Posted by: Salvatore J. Zambri, founding partner

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.

Any questions or comments? 

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 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.   

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Posted by Salvatore J. Zambri, founding partner

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. 

In its Report to Congress Pursuant to Section 212 of the Consumer Product Safety Improvement Act of 2008, CPSC states that the database "will result in increased effectiveness and greater productivity, as well as earlier product safety hazard detection and more rapid warnings to the public." 

SaferProducts.gov includes the following organizational goals:

• 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.

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. 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 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.

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Posted by: Salvatore J. Zambri, founding partner 

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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.

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Posted by: Salvatore J. Zambri, founding partner

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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.

Drive safely.

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Posted by: Salvatore J. Zambri, founding partner

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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.

The New York Times reports, "The company statement followed a similar one from the National Highway Traffic Safety Administration, which said its investigators could not find evidence explaining the incident and that they might never know what happened."

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.

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