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.

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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.

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(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.

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(image courtesy of Paolo Bendandi)

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.

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(image courtesy of Clark Young)

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.

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(image courtesy of Kalu Ci)

IKEA is a popular retailer for San Diego residents who are seeking affordable but stylish furniture for their homes. Are IKEA product defects, particularly those implicated in child injuries, a reason to stay away from the store? According to a recent article from Consumerist, IKEA is re-recalling (in other words, recalling for a second time) one of its crib mattresses. What is the problem with the crib mattress? Based on the recall issued by the Consumer Product Safety Commission (CPSC), the recall is due to the alleged flammability of the mattresses. In previous recalls, the same mattresses posed a risk of entrapment to young children. News of this recall comes on the heels of two other serious IKEA recalls, begging the question: Are IKEA products safe for your kids?

Details of the Mattress Recall

What do you need to know about the product defect identified in a specific group of IKEA mattresses? First, the name of the product is the VYSSA SPELEVINK crib mattress, and the CPSC identified the following hazard in this consumer item: “The crib mattresses fail to meet the federal open flame standard for mattresses, posing a fire hazard.” The mattresses were sold at IKEA stores throughout the country, including the San Diego area, between October of 2010 and May of 2014.

If you purchased one of these mattresses, you should immediately stop using it and return it to an IKEA store. Consumers were previously urged to return this same model due to the serious child injury risks it posed. Specifically, a recall issued by the CPSC detailed how the crib mattresses were constructed in such a way that they “could create a gap between the mattress and crib ends larger than allowed by federal regulations.” Those federal regulations are in place to prevent infants from getting trapped and suffocating.

Yet the crib mattress is not the only consumer issue that IKEA currently faces. The brand has been linked to other products that could pose unreasonable risks to children.

Child Injuries and Consumer Products

In addition to the crib mattresses identified in the recent recall, Consumer Affairs recently reported on a recall of IKEA nightlights due to the risk of electrical shock to kids. The PATRULL nightlights, which were designed in multiple different colors to be used in children’s rooms, were made with a plastic covering that could easily become detached. Once that cover detaches, the electrical components of the nightlight are exposed. One child already suffered an electrical shock injury. Although no other known incidents were reported, it is extremely important for parents to stop using these nightlights.

Shortly before news of the nightlight recall, headlines reported on the defective IKEA “Malm” dressers, which posed an unacceptable tipping risk. Two children died because of the product defect. In all, IKEA recalled 27 million dressers and chest, according to an article in Huffington Post.

When we buy products for use in our homes, we deserve to expect that they will not cause harm to our children. However, injuries caused by defective products do happen. If your child suffers an injury from a defective product, you should discuss your case with a San Diego product liability lawyer as soon as possible. Contact the Walton Law Firm today to learn more about our services.

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