Breaking News Alert

We provide these breaking news alerts to ensure consumers are protected and educated in hopes that this information will keep you safe and aware of threats to your families' well-being.

National Highway Transportation Safety Administration's (NHTSA) Office of Defect Investigation (ODI) and Consumer Product Safety Commission (CPSC) announce new Recalls & Alerts:

Cadillac Side Roof Rail Airbag Defect

General Motors has issued a recall of approximately 47,000 Cadillac vehicles due to non-compliance with Federal Motor Vehicle Safety Standard No. 208 regarding "Occupant Crash Protection." Certain 2011 SRX vehicles may contain a defect that causes the right side roof-rail airbag to turn off if a sensor determines that the front passenger seat is unoccupied. In the event of an accident, the right rear occupant may not be protected, increasing the risk of severe injuries.

The recall is expected to begin on June 17, 2011 and dealers will inspect the vehicle and perform the necessary service free of charge. Owners may contact Cadillac directly at 1-866-982-2339 and reference GM'S recall number 11162. Additional details can also be found by referencing NHTSA CAMPAIGN ID Number: 11V308000.

Honda VT 750 Motorcycle Defect

Honda has issued a recall of approximately 3,000 motorcycles produced from June 25, 2009 - March 28, 2011 due to a defect in the electrical system. The bank angle sensor in certain 2010 and 2011 VT750 bikes may be incorrectly manufactured creating the possibility of an erroneous reading which can cause the engine to stall and increase the risk of crash.

The recall is expected to begin on or around June 20, 2011 and dealers will inspect the vehicle and perform the necessary service free of charge. Owners may contact Honda directly at 1-866-784-1870 and reference Honda's safety recall number R80. Additional details can also be found by referencing NHTSA CAMPAIGN ID Number: 11V310000.


Owners are encouraged to contact the National Highway Traffic Safety Administration's Vehicle Safety Hotline at 1-888-327-4236 (TTY 1-800-424-9153) or go to www.safercar.gov, with any questions or concerns surrounding these or any other recalls or safety campaigns.
American Girl Jewelry Kit Recalled for Excess Lead Levels
The U.S. Consumer Product Safety Commission (CPSC) has issued a recall of approximately 75,000 American Girl Crafts Pearly Beads & Ribbon Bracelets kit. The surface coating on some of the beads contains excessive levels of lead, which is prohibited under federal law.

The recalled kit is identified by SKU number 30-585331, located on the back of the package in the lower right corner. The jewelry kit contains 56 pieces including pink, blue, orange and white beads, and various colored ribbons. Some pink beads have darker pink butterflies imprinted on them. The kits were sold at Michaels Stores and other retailers nationwide from September 2009 through June 2011 for about $8.

Consumers should immediately take the recalled kits and any finished bracelets made from the kits away from children and contact the company for a full refund. For additional information, contact EKSuccess Brands toll-free at (855) 535-2099 or visit the firm's website at www.eksuccessbrands.com

Toy Helicopters Recalled for Laceration Hazard

The U.S. Consumer Product Safety Commission (CPSC) has issued a recall of approximately 24,000 toy Military Copters, manufactured in China. The plastic blades of the helicopter can detach during operation, posing a laceration hazard.

The recalled toy Military Copters are have model #9009935 and UPC number 680108044474 printed on the back of the package near the bar code. These toys were sold exclusively at Rite Aid Corporation stores nationwide from January 2011 through May 2011 for about $7.

Consumers should immediately take the recalled helicopters away from children and return the product to any Rite Aid store for a full refund. For additional information, contact Excite USA toll free at (866) 791-4754 or visit the firm's website at www.Excite-Limited.com

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. Consumers are encouraged to obtain more details on recalls and general safety information by logging on to CPSC's Web site at www.cpsc.gov.

- Spencer Kuvin
Cohen & Kuvin, LLC
http://www.cohenkuvin.com/

Legislative changes to Crashworthiness Cases in Florida

On Wednesday, May 4, 2011, the Florida Legislature passed SB 142, a bill that significantly impacts all current and future products liability cases against auto manufacturers in Florida. Over the past three years, Cohen & Kuvin, LLC has serves on the front lines with a coalition of products liability experts, focused on countering the efforts of major car manufacturers' to reverse the states high court ruling in D'Amario v. Ford. Despite our best efforts, the auto lobby prevailed and successfully passed legislation designed to reduce their accountability and increase the burden on motorists who are victimized by defective products.
We have summarized the bill below to help our peers understand the legislation and the retro-active impact it can have on your current case load.

How does Senate Bill 142 change existing precedents in the law?

Senate Bill 142 reverses the Florida Supreme Court ruling in D'Amario v. Ford and undermines the crashworthiness doctrine. As you know the crashworthiness doctrine holds that the manufacturer of the vehicle is liable for the enhanced injuries sustained from the second collision. SB 142 protects the automobile manufacturers by allowing them to escape full liability for a defective product by placing blame on the tortfeasor who caused the initial accident instead.

How does SB 142 affect cases that I have currently filed?

It is unknown whether or not the retroactive clause of this law will ultimately be held unconstitutional, but certainly all objections to its application to cases currently in suit should be made and reserved. In many cases, the original tortfeasor's underlying policy has already been tendered and accepted based upon sound legal reasoning and advice by the attorney representing the injured party. To now have the tortfeasor listed on the verdict form as a fabre defendant would be fundamentally unfair to the injured party. That said, we anticipate many trial judges will rule the new law applicable to any case filed, and the actions and conduct of the tortfeasor leading up to the accident will most likely be allowed before the jury.

How does SB 142 affect future products cases?

Going forward, the conduct of the tortfeasor which causes the accident will need to be discovered and thoroughly weighted much more carefully than in the past. Rather than being able to accept his/her policy limits for any damage caused by the original action the tortfeasor must be viewed as a potential defendant in the crashworthy case. It will be vital that settlements for underlying auto policy limits be fully evaluated and not be rushed.

What can I do to protect my clients' rights if they have a product liability case?

Car manufacturers have just earned a golden opportunity to deflect responsibility to the original tortfeasor, and shirk their own obligations to build safe vehicles. SB 142 will reduce their incentive to be innovative and vigilant when it comes to vehicle safety, because they will now be able to shift blame and manipulate juries.

The climate in Florida has changed dramatically, and the consumers of this state are defenseless against the politicians and corporate lobbyists that seek profits over sound public policy. As advocates, we have a duty to understand the nuances of these decisions, and take the appropriate measures required to provide our clients with the best representation. The auto industry touted personal responsibility of motorists as justification for SB 142, all the while, shedding their own accountability.

As attorneys specializing in automotive safety and consumer justice advocates, it is our personal responsibility to ensure the rights of clients are protected. We hope this information is helpful to you and your clients, and encourage you to contact our firm with any questions about the passage of SB 142.

Cohen & Kuvin, LLC
Consumer Justice Attorneys
955 NW 17th Ave, Bldg. D.
Delray Beach, FL 33445
stk@cohenkuvin.com
http://www.cohenkuvin.com/

Toyota Recalls More Vehicles

Toyota Motor Sales (TMS), U.S.A., Inc., today announced that it will conduct a voluntary safety recall involving approximately 1.13 million 2005-2008 Model Year Toyota Corolla and Corolla Matrix vehicles sold in the United States to address some Engine Control Modules (ECM) that may have been improperly manufactured. On vehicles equipped with the 1ZZ-FE engine and two-wheel drive, there is a possibility that a crack may develop at certain solder points or on the electronic component used to protect circuits against excessive voltage (varistor), on the ECM’s circuit board. In most cases, if a crack occurs at certain solder points or on certain varistors, the check engine may illuminate, harsh shifting could result, or the engine may not start. In limited instances, if cracking occurs on particular solder points or varistors, the engine could stop while the vehicle is being driven.

As part of the recall, the ECM on involved vehicles will be replaced at no charge to the owner. Beginning in mid-September 2010, Toyota will mail an interim notification to advise owners of this recall and the fact that they will receive a future notice when parts become available to complete the repairs. Owners who have previously paid for replacement of the ECM to address this specific condition should refer to the owner letter for reimbursement consideration instructions.

Detailed information and answers to questions are available to customers at www.toyota.com/recall and at the Toyota Customer Experience Center at 1-800-331-4331, Monday through Friday, 5 a.m. to 6 p.m., or Saturday 7 a.m. through 4 p.m. PDT. Owners are encouraged to contact the National Highway Traffic Safety Administration’s Vehicle Safety Hotline at 1-888-327-4236 (TTY 1-800-424-9153) or go to www.safercar.gov, with any questions or concerns surrounding this or any other recall or safety campaign.


- Spencer T. Kuvin
Cohen & Kuvin, LLC
http://www.cohenkuvin.com/
stk@cohenkuvin.com

Location:Toyota Recalls 1.3 Million Vehicles, GM Recalls 200K Toyota Built Vehicles

GM Recalls More Cars

General Motors (GM) is recalling approximately 207,000 certain model year 2009-2010 Chevrolet Traverse, Buick Enclave, GMC Acadia, and Saturn Outlook vehicles. The second row seat side trip shield restricts the upward rotation of the safety belt buckle when the seat back is returned to a seating position after being folded flat. If the buckle contacts the seat frame, additional effort is required to return the seat to a seating position. If sufficient force is applied, the buckle cover could be pushed down on the strap, exposing and partially depressing the red release button. As a result the safety belt may not restrain the occupant as intended during a crash, thus increasing the risk of injury or death to the occupant.

Dealers will modify the second row seat side trip shields. If a safety belt buckle is damaged, dealers will replace it free of charge. The safety recall is expected to begin on or before August 31, 2010. Owners may contact Chevrolet at 1-800-630-2438; Buick at 1-866-608-8080; GMC at 1-866-996-9463; and Saturn at 1-800-972-8876.

GM’s Recall Number is N100243. Owners are encouraged to contact the National Highway Traffic Safety Administration’s Vehicle Safety Hotline at 1-888-327-4236 (TTY 1-800-424-9153) or go to www.safercar.gov, with any questions or concerns surrounding this or any other recall or safety campaign.

Spencer T. Kuvin
Cohen & Kuvin, LLC
stk@cohenkuvin.com