We often read information about auto product recalls in Escondido that could result in serious injuries in a car accident, or information about child car seat safety. Yet it is not especially common to hear about a car that has been recalled for a safety defect related to child car seats. According to a recent article in Consumer Reports, that is precisely what is happening with a current BMW recall. The report indicates that “BMW of North America is recalling 32,760 vehicles from its 2015 to 2019 model years because the lower rear-seat anchor bars at the seat crease used to secure a child car seat may become damaged.” In other words, if a child is strapped into a car seat in one of these vehicles and a car crash happens, the vehicle may not properly hold the car seat. Accordingly, a child strapped into the car seat could sustain injuries that otherwise might have been prevented.

What follows is everything you need to know about the recall. If your child has already been injured because of a defective auto part, you should discuss your case with a car accident lawyer in Escondido.

Details of the Recall

The lower rear-seat anchor bar in the last four years of BMW models may not be safe for its intended use of securing child safety seats. As the article clarifies, “if the car seat is attached with ISOFIX-type rigid connectors, the damage may increase a child’s risk of injury in the event of a crash.” These defective bars are fixed, and they extend out from the car seat. The risk of injury in a motor vehicle crash is highest “when using a child seat with LATCH-type flexible-style connectors, which are on a vast majority of child seats used in the U.S.,” according to the article.

BMW has not reported any injuries resulting from the defect, yet injuries could occur if parents or guardians continue to use the defective auto part to secure a child’s safety seat. BMW will not begin notifying owners until January 17, 2020. Customers will be instructed to have their vehicles inspected by a BMW technician at no cost. If their vehicle has a loose anchor bar, the technician will repair it free of charge. The affected models include a number of BMW X6 SUVs built between May 2014 and May 2019, including:

• X6 sDrive35i;
• X6 xDrive35i;
• X6 xDrive50i; and
• X6M.

Parents May Still be Able to Use Car Seats in Defective BMWs

While more than 30,000 BMW models have been recalled due to a potential safety defect, the article indicates that parents and guardians can safely use child safety seats in these vehicles anyhow. To be clear, the Consumer Reports article is not suggesting that parents using the lower rear-seat anchor bars designed to secure a child safety seat. Rather, it explains that parents can use the seat belt in the car to strap in the child safety seat.

If you are unsure about whether your child’s safety seat is properly installed and secured to your vehicle, it is important to seek help.

Contact an Escondido Product Defect Lawyer

If you or someone you love sustained injuries because of an auto defect, an Escondido product defect attorney can assist you. Contact the Walton Law Firm today for more information about our services.

See Related Blog Posts: Dangerous Toys in San Marcos This Holiday Season What Parents in Oceanside Should Know About the Inclined Sleeper Recall

Now that Thanksgiving is over and the holiday season is in full swing, it is more important than ever for parents, guardians, and other family members and friends to be aware of dangerous toys that could result in child injuries. While we should not have to worry about product defects when we visit a retail store in San Marcos or elsewhere in San Diego County to shop for Christmas or Hanukkah gifts for kids, it is necessary to know that a variety of children’s products may pose injury risks. According to a recent report from CBS News, the consumer safety group World Against Toys Causing Harm (WATCH) has just released its 2019 list of toys that could injure kids.

WATCH List of 2019 Hazardous Toys

Just because a product poses an injury risk does not necessarily mean it will be subject to a recall. As such, it is important to know about recalled children’s products in addition to toys that have not been recalled but could cause injuries. Often, children’s products are not recalled until someone gets hurt. Many product recalls occur as a result of a marketing error, or a failure to warn. For example, if a toy maker fails to warn consumers about certain risks associated with using a product (or even fails to warn about risks associated with using the product in an improper but foreseeable manner), anyone who is injured may be able to file a product defect claim.

What are some of the toys that could be dangerous or defective this holiday season? The WATCH list includes the following:

• Nerf Ultra One, which is a dart gun that shoots darts with enough force that it could result in eye injuries;
• Spike the Fine Motor Hedgehog, which has quills that could result in a choking incident;
• Bunchems Bunch’n Build, which has plastic parts that could get caught in a child’s hair;
• Yeti, which has hair that can come detached and could result in a choking injury;
• Nickelodeon Frozen Treats Slime, which is similar enough to edible foods that a child could ingest it and sustain an injury from the harmful chemicals;
• Anstoy Electric Toy Gun, which could be mistaken for a deadly weapon;
• Diecast School Bus, which can pose a choking risk to young children;
• Pogo Trick Board, which can result in fall-related injuries and traumatic brain injury;
• Power Rangers Electronic Cheetah Claw, which could be used as a weapon; and
• Viga Pull Along Caterpillar, which has long cords of about 24 inches that could result in strangulation.

Learning More About Toy Product Injuries

Toys cause injuries to consumers more often than you might think. The U.S. Consumer Product Safety Commission (CPSC) provides some of the following statistics:

• 13 toy-related deaths happened in 2017 involving kids under the age of 15;
• Riding toys are responsible for more than 50 percent of child deaths;
• More than 250,000 toy-related injuries requiring treatment in an emergency department occur every year;
• About 44% of all toy-related injuries result in injuries to the head and face;
• Almost 40%of all toy-related injuries treatment in emergency departments involved lacerations, contusions, or abrasions;
• Nearly 75% of toy-related nonfatal injuries happen to kids under the age of 15; and
• Approximately 95% of patients with toy injuries are treated and released from the hospital.

Contact a Product Defect Lawyer in San Marcos

In general, when a person sustains an injury as a result of a defective product, it may be possible to file a product liability claim. An experienced San Marcos product defect attorney at our firm can speak with you today about your case. Contact the Walton Law Firm for more information.

See Related Blog Posts: What Parents in Oceanside Should Know About the Inclined Sleeper Recall FDA Will Change How It Approves Medical Devices

It is always frightening to learn that a product your child uses has been subject to a safety recall. Parents should not panic when they learn about a recall, but rather should determine the severity of the risk posed by the product and should follow the instructions on the recall. But what happens when recalled products are still used by daycare centers, or when parents are not adequately informed about recalls of dangerous children’s products? Those are just a couple of the questions surrounding the recent recall of the Fisher Price Rock ‘n Play Sleeper, as well as numerous other inclined sleepers designed for infants.

According to a recent article in The Washington Post, the U.S. House Oversight Committee has decided to launch an investigation into infant inclined sleepers due to the number of infant deaths reported and the continued use of these products despite recall warnings from the Consumer Product Safety Commission (CPSC).

History of Inclined Sleeper Sales and Injuries

In the last 10 years, the article reports that “millions of inclined sleepers were sold,” and parents all over the U.S. used them in order to get their infants to sleep. The products were unique in their design, “allowing babies to sleep at an angle of about 30 degrees.” Yet recently, it became clear that these products pose serious injury risks to babies. As of April 2019, the Fisher Price Rock ‘n Play Sleeper had been tied to a total of 30 infant deaths. As a result, the company recalled about 4.7 million of its inclined sleeper products with the CPSC. According to the CPSC, the deaths occurred “when babies turned over while unrestrained or under other circumstances.”

Shortly after Fisher Price issued its recall, Kids II, another inclined sleeper manufacturer, recalled its product after five deaths were linked to that inclined sleeper. More recently, Dorel Juvenile Group also recalled its inclined sleeper models. For many years, the American Academy of Pediatrics (AAP) has voiced opposition to the inclined sleepers, arguing that “babies should sleep on their backs on flat surfaces” to be safe while asleep. However, companies like Fisher Price, Kids II, and others developed and made the inclined sleeper “based on faulty beliefs about infant sleep and without medical safety testing or input from a pediatrician.”

Despite Recall, Consumers can Buy Inclined Sleepers

One of the major problems remaining with the inclined sleeper is that consumers are still able to buy them. Even though dozens of child deaths have been linked to the dangerous product, there is no law that prohibits buying and selling them. Recognizing the dangers of these products, lawmakers introduced legislation to ban the sale of any infant sleeper “with an incline of greater than 10 degrees.” This kind of safety regulation is already in place in Canada.

In addition to a law banning the sale of the product, the House investigation discussed in The Washington Post is also looking into the design, manufacture, and marketing of the product. Numerous reports have emphasized that many of these products remain in use in daycare centers, and many parents who own inclined sleepers have not been adequately informed of the recall or the dangers associated with the product. Ultimately, anyone with a child injured by an inclined sleeper product may be eligible to file a product liability lawsuit.

Contact an Oceanside Product Defect Lawyer

If your child was injured by an inclined sleeper or another defective product, you should discuss your case with an experienced Oceanside product liability lawyer. Contact the Walton Law Firm to get started on your case.

See Related Blog Posts: FDA Will Change How It Approves Medical Devices Ford Recall Could Affect San Clemente Automobile Owners

Patients in Vista and elsewhere in Southern California who have suffered injuries as a result of defective medical devices may have been the victims of an outdated medical device approval process. According to a recent article from Global Data Healthcare, patients across the U.S. received medical devices that ended up being dangerous for use and may not have been assessed as well as they could have been by the U.S. Food and Drug Administration (FDA).

Now, in response to a report on tens of thousands of deaths caused by dangerous medical devices, the FDA has plans to change the way it approves medical devices for patient use.

Investigative Report Exposes Tens of Thousands of Medical Device-Related Fatalities

Many Americans have heard about large-scale medical device recalls and class action lawsuits related to them. For example, both knee replacements and hip replacements made national news in recent years, as have transvaginal mesh lawsuits. While these defective medical devices certainly caused patient injuries, it is important to understand that there are a wide variety of medical devices that can pose harm to patients—not just those that are commonly in the news.

A recent report from the International Consortium of Investigative Journalists (ICIJ) indicated that in the last 10 years alone, more than 80,000 patients have died as a result of receiving defective or hazardous medical devices. Some of the most dangerous devices listed in the report include defective heart valves, insulin pumps, and breast implants.

FDA Responds to Investigative Report and News of Patient Deaths

How did more than 80,000 people receive defective medical devices? Did the FDA really approve all of these devices for patient use? In large part, the answer to the second question is yes. Currently, and for quite some time, the FDA has approved a high percentage of both low-risk and moderate-risk devices that come up for approval through the 510(k) program. In 2017, the FDA approved more than 80% of the devices in this category. Of those devices that were approved, about 20% “were based on predicate devices that are over 10 years old.”

The FDA now plans to change the approval process through the 510(k) program, emphasizing attention to “modern technology and safety practices.” In addition, the article underscores how the FDA “has additional plans to more actively engage safety monitoring through the development of the National Evaluation System for Health Technology (NEST).” Moreover, the FDA has indicated that it has plans to gather data on patients and medical device injuries, and to do a better job of tracking safety issues related to medical devices that have been received by patients across the country.

Seek Advice from a Vista Product Liability Lawyer

Medical devices can cause serious and fatal injuries to patients in California and throughout the country. While patients should be able to rely on FDA approval processes to ensure that they are not receiving defective devices, the recent ICIJ report makes clear that the FDA needs to improve its processes for approving medical devices.

In the meantime, if you or someone you love suffered injuries as a result of a dangerous medical device, you should speak with a Vista product liability lawyer about filing a claim for compensation. Contact the Walton Law Firm to speak with a personal injury attorney today.

See Related Blog Posts: Ford Recall Could Affect San Clemente Automobile Owners Recalled Instant Pots Could Cause Burn Injuries in Rancho Bernardo

Do you own a Ford Fusion, or have you been thinking about purchasing a used Ford Fusion? Anyone in California who is currently in possession of a Ford Fusion or has considering buying one of these vehicles used should pay close attention to a recent product recall. According to a recent article in USA Today, “several dozen Ford Fusion owners complained in recent months that their steering wheels had some loose or had come off completely while driving.” After receiving numerous reports of this serious safety defects, Ford issued a large-scale recall impacting at least 1.4 million Fusion models and Lincoln MKZ Sedans. What else should you know about the recall and the dangers posed by auto product defects?

Loose Steering Wheels Could Cause Serious and Fatal Car Accidents

To be clear, 1.4 million vehicles are subject to a safety recall because their steering wheels either can become loose while a person is behind the wheel, or the steering wheel can fall off entirely while a person is driving. According to Ford, the cause of the problem is “potentially loose steering wheel bolts” which can “result in a steering wheel detaching from the steering column.” Ford indicated that, as far as the company knows, two accidents have occurred thus far, and at least one injury has happened.

However, the National Highway Traffic Safety Administration (NHTSA) suggests that problems with Ford steering wheels are wider spread. The NHTSA complaint database for auto safety defects “reveals more than 45 independent report of problems in the last few years.” Owners of Ford Fusions have submitted numerous complaints to the automaker about the dangerous steering wheel defect. The following are some quotes from consumer complaints:

• “While driving on the interstate, steering wheel came loose and car veered off interstate”;
• “My 2014 Ford Fusion steering wheel became unstable and I drifted into a manhole in the street . . . and totaled my car”;
• “While entering the vehicle, knee bumped the steering wheel and the steering wheel became detached”;
• “While driving approximately 55 mph, the steering wheel detached from the steering column”;
• “My steering wheel has become very loose and feels like it’s going to fall off”;
• “I was driving in a parking lot . . . and the steering wheel came so loose that it almost came right off”; and
• “The steering became a little wobbly over the past two weeks . . . . I went to turn in gas station and the steering wheel fell off in my lap.”

Filing a Product Defect Lawsuit in California

If you get hurt as a result of a defective product, what do you need to prove in order to win a product liability lawsuit in California? The California Civil Jury Instructions explain that product liability claims are brought under a theory of strict liability, and the plaintiff must prove the following:

• Plaintiff was harmed by a product distributed, manufactured, or sold by the defendant; and
• Product contained a manufacturing defect or was defectively designed or did not include sufficient instruction or a warning of potential safety hazards.

Contact a San Clemente Product Defect Attorney

Were you injured by a safety defect? An experienced San Clemente product defect attorney can help with your case. Contact the Walton Law Firm to speak with an experienced advocate today.

See Related Blog Posts: Safety Recalls Affecting Valley Center Residents Do Millennials Pay Attention to Product Recalls and Injury Risks?

(image courtesy of Kalu Ci)

Instant Pot multicookers have become extremely popular over the last year, but do they pose a risk of burn injury? Articles have emphasized that the pressure cookers can make almost anything, from stews to wines. However, according to a recent report from WebMD, certain Instant Pot models may have a safety defect that could result in the unit overheating and, ultimately, starting a fire. If you own an Instant Pot and regularly use it to make dinner in Rancho Bernardo, do you need to stop using the pressure cooker altogether? We will discuss the recall associated with defective pressure cookers and how the defect could cause burn injuries.

Getting the Facts About the Recalled Gem 65 8-in-1 Multicooker

According to the report, the problem exists in some models of the Gem 65 8-in-1 Multicooker. Many were sold at Walmart and by other popular retail outlets, and they are now being recalled. Double Insight, the company that currently imports these Instant Pot models from China, has received to date more than 100 separate reports of the Instant Pot “overheating and melting on the bottom.” In at least five cases, consumers have sustained property damage. An overheating kitchen device can pose a serious risk of burn injuries and fire damage to your home.

It is important to learn whether you have an Instant Pot model that is subject to the recall. How can you know for certain? There is a code located in the lower right corner of a label on the bottom of the device. Look in the area where the label says “Date,” and if it has any of the following codes, you should immediately stop using it and return it to receive a free replacement device:

• 1728;
• 1730;
• 1731;
• 1734; and/or
• 1736.

As we mentioned, if one of these codes appears on the bottom of your Instant Pot, you should unplug it and take it into the store for a free replacement.

Is This Recall a Reason to Worry About Suffering Injuries as a Result of Using Your Instant Pot?

Given the popularity of these kitchen devices, a recent article in The New York Times urged consumers not to jump to conclusions about the risks associated with Instant Pot use. As that article says, “If headlines about an ‘Instant Pot recall’ or an ‘Instant Pot meltdown’ have been making you anxious, there’s reason for relief.” The article goes on to contend that “your beloved pressure cooker is probably fine.” But is that really true?

We do not know exactly how many devices are subject to the recall. What we do know, however, is that more than 100 reports have already been received about the safety defect, and even more people own Instant Pots. Over the 2017 Black Friday and holiday sales season, the Instant Pot “was among the top five items sold by Amazon and Target. At Kohls, the Instant Pot was in the top three sellers, and the company Instant Pot reports that its “sales have more than doubled every year since 2011.” In other words, a lot of Instant Pots have been sold, and they could pose burn dangers.

Contact a Rancho Bernardo Burn Injury Lawyer

If you sustained burn injuries caused by a defective product or by another party’s negligence, a Rancho Bernardo burn injury attorney can help. Contact the Walton Law Firm today to discuss your case with a dedicated attorney.

See Related Blog Posts: Preventing Injuries from Defective Electronics in San Diego Preventing Holiday Home Fires in Riverside County

(image courtesy of Paolo Bendandi)

Whether you live in Encinitas or another part of San Diego County, you should know about a bill that has been introduced in California to “prohibit settlement agreements that keep secret information about dangerous products and environmental hazards,” according to a recent article in the Sacramento Bee. The bill is not the first of its kind. To be sure, a number of other states have enacted similar laws to help ensure that consumers can have important information about hazardous products that could cause personal injuries. We want to provide some more information about the bill, and to give you an idea of how it could impact personal injury lawsuits in Southern California concerning product defects.

Confidential Settlements and Defective Products in California

Assemblyman Mark Stone introduced Assembly Bill 889, which is designed to prevent lawsuit settlements that are conditioned on information about defective products that could pose “a danger to public health and safety” being kept confidential. Currently, when consumers file lawsuits against manufacturers after being injured by a product with a safety defect, for example, the manufacturer can settle the lawsuit and require the consumer to agree to confidentiality. Often, such confidentiality is to ensure that a protective order issued by the court that “prevent[s] plaintiffs from disclosing information that they have learned and insist, as a condition of settling a lawsuit, that the parties remain silent about the matter.”

Such a settlement, in effect, can prevent the public from obtaining information about a potentially harmful product. In addition, such settlements may prevent regulators from learning about possible defects that could prompt a safety recall. As the article contends, “such secrecy leads to deaths and serious injuries as the public and regulators are kept in the dark about unsafe products and toxic conditions.” If Assembly Bill 889 passes, it would prevent plaintiffs from entering into settlement agreements that would prevent this kind of information from staying secret.

How Settlements can Result in Additional Consumer Injuries

Why do these kinds of settlement agreements arise? In many instances, manufacturers (or other associated with a defective product) may benefit more by settling a claim and keeping information out of the public realm as opposed to allowing the lawsuit to move forward. The article explains that businesses often “fear that revelations will cause a loss of sales and harm their reputation.”

When protective orders prevent plaintiffs from providing information about a potentially defective product, these hazardous consumer items can stay on the market for a longer period of time. There are real-world examples of this happening. For example, a tire recall occurred in 2000 due to a defect that resulted in the deaths of more than 150 people. When the recall occurred—after these deaths had been reported—it became clear that “more than 200 cases had been secretly settled in the decade prior to the recall.”

If the bill passes, it could provide consumers with more information that could prevent personal injuries. At the same time, it could change the way that product liability lawsuits lead to settlements (and what those settlements can look like).

Contact an Escondido Personal Injury Lawyer

To learn more about product liability lawsuits and dangerous product defects, you should reach out to an Escondido product defect lawyer. Contact the Emerson Law Firm for more information.

See Related Blog Posts: Do Millennials Pay Attention to Product Recalls and Injury Risks? New Takata Air Bag Safety Risk and Recall in San Diego

(image courtesy of Imthaz Ahamed)

Consumers in Valley Center and throughout Southern California should be able to purchase products without worrying that a safety defect will cause serious or life-threatening injuries. However, product defects happen much more often than they should, and consumers often do not learn about recalls until other people have gotten hurt. According to a recent report in The Washington Post, a series of recent recalls highlights design and manufacturing flaws in a number of consumer products that could lead to serious personal injuries if consumers do not heed the recall information.

Defective Children’s Products and Child Injuries

A toddler bed has been subject to a recent recall after consumers reported that the bed “can collapse and entrap a child.” According to reports, The Land of Nod company’s “Nook” toddler beds have a faulty headboard and frame system. The recall notice indicates that the headboard can unexpectedly disconnect from the bed frame and can fall onto the bed, entrapping a child who is using the product. Currently, the company knows about four separate reports of the headboard disconnecting from the bedframe and falling onto the bed. Although no injuries have been reported, anyone in possession of one of these beds could be placing their children at risk of injuries.

If you have a toddler bed made by The Land of Nod, and it has the SKU number 404485, you should call the company for a replacement. These products were sold at various stores across the country as well as online between May 2015 and September 2017.

Bicycle Crash Risks and Mountain Bike Recall

Many outdoor enthusiasts in Valley Centers own bicycles, and many San Diego County area residents have mountain bikes. The report indicates that a particular mountain bike has been recalled due to the risk of brake failure, which could result in serious injury or death to the rider. The recall affects all Altitude, Instinct and Pipeline mountain bicycles, in all colors, from model year 2018. Anyone who has purchased a Rocky Mountain bike should learn more about the recall.

Specifically, the recall notice indicates that “the brake cable housing was not secured properly during manufacturing, which can cause brake failure, posing a crash hazard to the rider.” These bikes were sold at Rocky Mountain bicycle dealers across the country between June 2017 and November 2017 for anywhere from $2,600 to $7,300. There are several Rocky Mountain bike dealers in the San Diego area, such as Cycle Quest and North of the Border Bike Shop.

The particular defect represents what is known as a “manufacturing defect.” While there is nothing inherently wrong with the design of the mountain bike, a defect occurred during the manufacturing process. Generally speaking, there are three types of product defects – design defects, manufacturing defects, and marketing defects. When manufacturing defects occur, the manufacturer can be held liable in the event that injuries occur.

Seek Advice from a Valley Center Product Liability Lawyer

If a defective product recently caused personal injuries to you or someone you love, you should learn more about filing a product liability lawsuit. An experienced Valley Center product liability lawyer can speak with you today about your claim. Contact the Walton Law Firm for more information.

See Related Blog Posts: Do Millennials Pay Attention to Product Recalls and Injury Risks? New Takata Air Bag Safety Risk and Recall in San Diego

(image courtesy of Clark Young)

When product recalls happen in Oceanside, do most North County residents pay attention to these serious warnings? As many Californians know, products can be subject to recall when there is a serious safety defect that can result in serious and even fatal injuries. According to a recent survey conducted by SteriCycle Expert Solutions, while many people may in fact respond appropriately to news of a product recall, millennials “are the least likely among the U.S. population to say they respond positively to product recall notices.”

To be clear, young people who are often classified as millennials (typically those between the ages of 18-34) may be exposing themselves to more risk from product defects by avoiding recall notices.

Older Adults More Likely than Younger Adults to Comply with Product Recall Notices

On the whole, the survey, which gathered information from more than 1,000 Americans, determined that individuals over the age of 55 are more than twice as likely as millennials, or those aged 18 to 34, to comply when they learn about a product recall. Almost 20% of the millennials who contributed to the study admitted that they often ignore product recall notices altogether when they receive them (even after reading them), compared to only 6% of those in the baby boomer generation.

How many millennials fail to even read about recall notices? Of the notices that arrive in hard copy through the U.S. mail, 36% of millennials admit that they do not even read the recall notice before discarding it. 33% of young adults surveyed said they believe that recall notices are “not serious.” How do adults and 55 and up compare? Only 16% of individuals in that age group say they would consider discarding a recall notice without a reading it. When it comes to millennials, as the survey results explain, “the findings suggest manufacturers undergoing a recall may need to rethink their communication strategies with this demographic to improve compliance rates.”

Does the Type of Recall Make a Difference?

Does the type of recall make a difference? In other words, are millennials more likely to listen to an automobile recall over a house product safety defect issue? The survey did determine that millennials, along with the rest of Americans, tend to take food recalls and pharmaceutical recalls pretty seriously. At the same time, however, millennials did not always rush to discard dangerous items or to contact the manufacturer for a repair or replacement.

What did make a difference for millennials in terms of acting on a product recall? In short, “personal relevance” played a major role. If the respondent thought she or he was “personally at risk” for injury as a result of a product defect, the likelihood of acting increased. While this conclusion tends to perpetuate stereotypes about millennials, it could also underscore the need to frame product recalls differently.

Seek Advice from an Oceanside Product Liability Lawyer

If you or someone you love sustained injuries from a dangerous product, you should discuss your options with an Oceanside product defect lawyer as soon as you can. Contact the Walton Law Firm to learn more about the services we provide to North County residents.

See Related Blog Posts:

New Takata Air Bag Safety Risk and Recall in San Diego Dangerous Toys to Watch Out for in San Diego County

(image courtesy of Joey Banks)

For many San Diego residents, the relatively recent and seemingly ever-expanding Takata air bag recall was a source of anxiety and frustration. As you may remember, the Takata air bags installed in dozens of different automobile makes and models ran the risk of exploding as a result of a defective inflator, causing severe and life-threatening shrapnel injuries, and some victims even died as a result of their injuries. Over the last several weeks, Takata news stories have largely focused on culpability for the Takata executives who may have known about the serious product defect yet did not take steps to remedy the issue before consumers got hurt. However, according to a recent article in CNET.com, there is a new Takata air bag safety issue that has prompted another recall.

What do you need to know about the new recall, and what should you do if you drive one of the affected vehicles?

New Takata-Sourced Air Bag Product Defect

Is there really another problem with Takata air bags? As the CNET.com article explains, the new problem is this: “if the front driver airbag deploys, misaligned components may cause the airbag to only partially fill.” In addition, the “airbag cushion might also separate from the airbag module.”

What does this mean for drivers? In short, if you are involved in a motor vehicle collision and you are driving a car with one of the defective air bags, your air bags may not function properly. Air bags are designed to reduce the rate of and the severity of injuries in the event of a crash. If the air bags are not functioning properly, the driver may not benefit from these devices that can be life-saving.

Identifying Affected Makes and Models

Which vehicles are impacted? Thus fair, only Ford has issued recalls for Takata air bags that do not properly inflate. Currently, Ford has recalled around 32,000 vehicles in North America, including the following models:

• 2016-2017 Ford Edge;
• 2016-2017 Lincoln MKX; and
• 2017 Lincoln Continental.

All of the vehicles affected by the recall were manufactured between November 11, 2014 and February 15, 2017. At the time of the recall, the 2017 Lincoln Continental had only recently gone on sale to consumers. To be clear, this recent defect and recall is not related in any way to the previous Takata air bag defect.

What should you do if you own one of the affected models? As with other motor vehicle recalls, it is important to take your vehicle to your local dealership for a repair. The article reports that the air bag module will be replaced in affected vehicles. While Ford is required to notify anyone who owns one of the models containing recalled air bags, you can also contact the company or your local dealership yourself. According to CNET.com, “Ford did not supply a timetable for this recall, but one can reasonably expect the notifications to be sent out in the near future.”

Contact a San Diego Product Liability Lawyer

If you sustained injuries caused by a defective automotive part, you may be eligible to file a claim for compensation. You should discuss your case with a product liability lawyer in San Diego as soon as possible. Contact the Walton Law Firm to learn more about filing a lawsuit.

See Related Blog Posts: Dangerous Toys to Watch Out for in San Diego County Injuries Caused by Exploding E-Cigarettes

(image courtesy of Kalu Ci)

Now that Thanksgiving has come and gone, many parents in Carlsbad and throughout San Diego County are beginning to think about holiday gifts for children. With considerations for children’s toys often come concerns about toy safety, product defects, and the risks of child injury. According to a recent article in WebMD.com, a safety group has just released its “annual dangerous toys” list just in time for the holiday season. What toys should parents avoid when purchasing gifts for young children?

WATCH Releases List of Dangerous Toys

Each year, World Against Toys Causing Harm (WATCH), a consumer watchdog group, releases a list of dangerous toys. As WATCH emphasizes, “since January 2015 there have been recalls involving more than 800,000 individual products, including 500,000 this year alone.” As such, it is important to be careful when selecting toys for children. Just because a toy says that it is intended for a child of a certain age group does not mean that the product is free of safety defects.

As WATCH points out, “every three minutes a child is treated in a U.S. emergency room for a toy-related injury.” Over the last two years, nearly 20 children’s toys have been implicated in recalls related to safety defects. In many cases, visits to emergency departments result from preventable injuries caused by defective children’s products. Not all children’s products that cause injuries are defective, but numerous toys that may have safety defects are not always subject to a recall. Of the items on this year’s list of dangerous toys, the possibility of a marketing defect, or the failure to warn, seems to loom large.

Generally speaking, product defects that can lead to product liability lawsuits typically fall into one of three categories:

• Design defects (defect in the very design of the product),
• Manufacturing defects (soundly designed product, but a defect occurred in the manufacturing process),
• Marketing defect (there is nothing inherently wrong with the product, but it was not properly marketed so as to warn consumers about potential risks)

Toys Identified as Dangerous for Californians This Holiday Season

What toys topped the list of potentially hazardous products that could result in child injuries? The article lists some of the following:

• Peppa Pig’s Muddy Puddles Family, which can pose a choking hazard because of its small parts;
• Kids Time Baby Children’s Elephant Pillow, which can pose a suffocation hazard but does not warn consumers about such a risk;
• Slimeball Slinger, which can cause eye injuries from the toy’s ammunition;
• Banzai Bump N’ Bounce Body Bumpers, which can cause impact injuries;
• Nerf Rival Apollo Blaster, which can cause eye injuries but does not come with warnings about such a risk;
• The Good Dinosaur Galloping Butch, which can cause puncture wounds but does not have a warning that mentions this;
• Peppy Pups, which can pose a risk of strangulation;
• Flying Heroes Superman Launcher, which can pose a risk of injuries to the eyes and to the face;
• Baby Magic Feed and Play Baby, which can pose a risk of obstructing the airway of a child but does not properly warn about this risk; and
• Warcraft Doomhammer, which can pose a risk of impact injury.

If your child gets hurt after using a product designed for kids, it is important to learn more about filing a claim for compensation. An experienced San Diego County product liability lawyer can discuss your options with you today. Contact the Walton Law Firm to speak with an attorney about your case.

See Related Blog Posts: Injuries Caused By Exploding E-Cigarettes Recent Product Recalls Linked to Child Injuries

(image courtesy of Uberprutser)

Electronic cigarettes, also known as e-cigarettes or electronic nicotine delivery systems, have been “promoted as safer alternatives to traditional cigarettes,” according to a fact sheet from the National Institute on Drug Abuse. However, as a recent article in Scientific American explains, e-cigarettes have been linked to serious burn injuries caused by the explosion of these devices. While we do not yet have enough information to know about the health risks associated with e-cigarettes, we do know that they can cause serious burns to the hands and mouth, and in some cases can cause fractures and paralysis.

What else do you need to know about e-cigarettes and serious injuries? Can injury victims seek compensation by filing a lawsuit?

Learning More About Electronic Cigarettes As the fact sheet from the national Institute on Drug Abuse explains, electronic cigarettes are made up of three different parts. Each has a cartridge, “which holds a liquid solution containing varying amounts of nicotine, flavorings, and other chemicals.” These devices also contain a heating tool, also known as a vaporizer, and a source of power that is usually a lithium-ion battery. To get the e-cigarette to work, the user puffs on the device, which activates the heater. The heating device turns the cartridge liquid into vapor, which the user then inhales.

Using an e-cigarette is supposed to “simulate the act of tobacco smoking” and to deliver nicotine to its user “but with less of the toxic chemicals produced by burning tobacco leaves.” Yet these devices still provide a user with nicotine, which is a “highly addictive drug,” according to the fact sheet. However, as we mentioned previously, the chemical exposures from e-cigarettes do not appear to be the most immediate cause for concern. Rather, these devices literally are blowing up in the faces of users.

Explosions Caused By Lithium-Ion Batteries The injuries that have resulted thus far from exploding electronic cigarettes are serious, the Scientic American article underscores. The “trail of injuries” reported from these devices is a long one, and it reflects severe harms to users. For instance, a recent e-cigarette explosion left a man “with a hole in his tongue and burns on his hand.” A teen recently suffered damage to the teeth and eyes after an electronic cigarette exploded in a store. And late last year, a user was left “potentially paralyzed” from an e-cigarette explosion, which caused fractures to the bones in the user’s face and to his vertebrae.

Many other e-cigarette users have been hospitalized as a result of burn injuries, many with fire-degree burns to the face and torso. Californians have not been spared. A Southern California man required treatment at the University of California San Diego Burn Center after his e-cigarette exploded.

What causes these explosions? In short, the lithium-ion batteries can explode. While lithium-ion batteries are used in many consumer products, the design and shape of the e-cigarette makes an explosion more likely in the event that the lithium-ion battery fails. A report from the U.S. Fire Administration explains that, “in a lithium-ion battery, the solution can become overheated, reaching its boiling point and then rapidly expand and catch fire, causing the battery to explode.”

In other devices that rely on lithium-ion batteries—such as laptops or cell phones—the hard plastic cases prevent the batteries from causing injury. In e-cigarettes, however, “the explosion can lead the cylindrical container of the device to explode, too, causing the device to be propelled across the room like a bullet or a small rocket.”

If you recently sustained injuries caused by an e-cigarette, you may be able to seek compensation by filing a personal injury lawsuit. An experienced San Diego burn injury lawyer can assist you. Contact the Walton Law Firm to discuss your case today.

See Related Blog Posts: Firefighter Suffers Burn Injuries in Roof Collapse Hot Air Balloon Accident Leaves Four Injured

It is always concerning when we hear about a product recall, especially when that product has been linked to serious injuries or even deaths. However, product recalls often are even more upsetting when they involve products that we have purchased with the expectation that they will be safe for our children’s use. We expect quite a lot of kids’ products, and we should be able to presume that a child’s car seat or an infant cup will not cause preventable injuries to our children. However, as a recent article from Safe Kids Worldwide reports, there were two major recalls of children’s products last month alone. Failing to pay attention to these safety defects could result in serious and even life-threatening injuries to your child.

What do you need to know about recent recalls concerning safety defects and kids’ products?

Spill-Proof Children’s Cups and Dangerous Mold Risk The first major recall of last month might not be one that most of us normally would associate with safety defects. According to the article, Mayborn USA recalled its “Tommee Tippee Sippee Spill-Proof Cups” due to the “risk of mold exposure when it remains wet or moist.” What are these cups? While you may not know them by name, it is very likely that you have seen children using them or that you have purchased them for your own kids. They are plastic cups that come with a “sippy” lids so that children can drink from a cup without spilling the liquid inside. Given that cups are designed to hold liquids, the fact that these recalled cups can develop mold when they remain wet or moist is a serious safety defect.

What happens when young children are exposed to the type of mold that can grow in these cups? According to the article and the recall notice from the Consumer Product Safety Commission (CPSC), “mold ingestion poses a risk of gastrointestinal symptoms and infections in consumers with compromised immune systems.” As KidsHealth.org explains, children’s immune systems are not as developed as are adults, and as such kids can be more susceptible to serious illness (and severe complications).

More than three million of the recalled sippy cups are currently in the marketplace in the United States alone, and nearly 3,100 consumers have reported finding mold in the cups. Of those, nearly 70 children have become seriously ill. If you have one of these cups, stop using it immediately and contact the company for more information.

Child Booster Seat Recall In addition to the sippy cup recall last month, the article also reports that Graco Children’s Products, Inc. recalled its TurboBooster booster seats. What is wrong with these products? The booster seats do not come with important safety information, namely “instructions for safe booster seat installation.” Without knowing how to properly install the booster seat, the seats can cause serious injuries in the event of a car accident.

If you have one of these booster seats, you do not need to return it to the company. However, you should not use it until you can find a child passenger safety technician at an inspection station in order to learn how to install the booster seat properly.

Contact a San Diego Product Liability Lawyer At the Walton Law Firm, we are committed to helping clients who have been injured due to a dangerous product defect. When you purchase an item, you should be able to expect that it will be safe for use, particularly when you are buying a product for your child. If you or someone you loved suffered a serious injury because of a safety defect, an experienced San Diego product liability lawyer can assist you. Contact us today for more information about our services.

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