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/

Breaking News Alert

Kia Fuel Tank Strap Failure Recall


Kia has issued a recall of approximately 58,000 Spectra LD vehicles manufactured from November 7, 2003 through March 6, 2007. Certain 2004-2007 vehicles sold or registered in cold weather states are most susceptible to the defect, caused by road salt corroding the fuel tank straps. Prolonged exposure to the salt may disintegrate the straps holding the fuel tank causing it to ultimately strike the ground, posing a possible fuel leak and a serious fire hazard.

The recall is expected to begin in June 2011 and dealers will inspect the vehicle and perform the necessary service free of charge. Owners may contact Kia directly at 1-800-333-4542 and reference Kia's safety recall No. SC090. Additional details can also be found by referencing NHTSA CAMPAIGN ID Number: 11V256000.

Hyundai Tuscon Recall

Hyundai has issued a recall of approximately 7,800 Tucson vehicles manufactured from February 27, 2010 through April 17, 2010. Certain 2010 Tuscon vehicles fail to comply with Federal Motor Vehicle Safety Standard No.108 which addresses photometry requirements of the rear reflector assemblies in the rear bumpers. The defect can lead to reduced visibility and increase the risk of crash.

The recall is expected to begin in June 2011 and dealers will inspect the vehicle and perform the necessary service free of charge. Owners may contact Hyandai directly at 1-800-633-5151. Additional details can also be found by referencing NHTSA CAMPAIGN ID Number: 11V259000.

Kia Sorento Recall

Kia has issued a recall of approximately 12,000 Sorento 2 WD vehicles with automatic transmissions due to a defect affecting the drive shaft. The intermediate shaft of certain 2011 vehicles may suffer excessive wear due to a misalignment with the right side output gear. Driving the car under these conditions may cause damage to the transmission over time, and lead to loss of power and increased risk of crash.

The recall is expected to begin in May 2011 and dealers will inspect the vehicle and perform the necessary service free of charge. Owners may contact Kia directly at 1-800-333-4542 and reference Kia's safety recall No. SC089. Additional details can also be found by referencing NHTSA CAMPAIGN ID Number: 11V258000.

Ducati Steering Lock Recall

Ducati has issued a recall of approximately 1,000 motorcycles for a defect that may prevent the steering lock from disengaging when the motorcycle is keyed on. Certain 2010-2011 Multistrada 1200 and 2011 Diavel bikes may contain a malfunction, which can cause the steering to remain in a locked position as the rider attempts to operate the bike, decreasing rider control and increasing the risk of injury.

The recall is expected to begin in May 2011 and dealers will inspect the vehicle and perform the necessary service free of charge. Owners may contact Ducati directly at 1-800-231-6696. Additional details can also be found by referencing NHTSA CAMPAIGN ID Number: 11V253000.


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.

Spencer T. Kuvin
Cohen & Kuvin
stk@cohenkuvin.com
561-665-8020

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:

Toyota Airbag Sensor Malfunction Recall

Toyota has issued a recall of approximately 307,000 vehicles due to a defect affecting the frontal airbag sensors. Certain 2008 Highlander, Highlander Hybrid and 2007-2008 RAV4 SUVs may contain a malfunction in the airbag sensors designed to detect the vehicle roll angle. This can prevent the roll detection system from properly activating, significantly increasing the risk of enhanced injury during a crash.

The recall is expected to begin in mid-May 2011 and dealers will inspect the vehicle and perform the necessary service free of charge. Owners may contact Toyota directly at 1-800-331-4331. Additional details can also be found by referencing NHTSA CAMPAIGN ID Number: 11V245000.

Salt and Snow Intrusion Steer Nissan Recall

Nissan has issued a recall of approximately 195,000 vehicles due to a defect affecting the steering column. Certain 1997-2003 Pathfinder and 1993-2004 Infiniti QX4 vehicles that are exposed to snow, water and salt may be at risk for a steering column malfunction, caused by these elements entering the assembly location hole in the upper strut housing. This snow/water and salt intrusion may result in corrosion of the strut tower housing causing cracks, and a potential break in the steering column. These factors can lead to loss of steering control, significantly increasing the risk of a crash.

The recall is expected to begin on or before May 16, 2011 and dealers will inspect the vehicle and perform the necessary service free of charge. Owners may contact Nissan directly at 1-800-647-7261. Additional details can also be found by referencing NHTSA CAMPAIGN ID Number: 11V244000.

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.


Kiddieland Trikes and Scooters Recalled for Laceration Hazards

The U.S. Consumer Product Safety Commission has issued a recall of two different children’s toys manufactured by Kiddieland Toys Limited due to various laceration hazards.

The first recall involves approximately 9,000 “Disney Princess Plastic Racing Trikes” which pose a laceration hazard due to a plastic castle display and princess figures protruding from the top of the handle bars. The trikes are pink and fuchsia with a purple seat and wheels and "Disney Princess" is printed on the label in front of the trike just below the handlebar. The trikes were sold at Target, JCPenney, Meijer and H.E.B. stores nationwide and on the Web at www.target.com from January 2009 through April 2011 for about $50.

Consumers should immediately take the trikes away from children and contact Kiddieland for a free replacement handlebar with an enclosed rotating display. For additional information, contact Kiddieland at (800) 430-5307 anytime, or visit the firm's website at www.kiddieland.com.hk

The second recall involves approximately 16,000 Kiddieland “Lights and Sounds” three-wheeled scooters including a red Spiderman, a blue Thomas & Friends™ and a pink girl’s scooter. A child’s finger can get caught in the hinge mechanism between the steering column and the platform, posing a laceration hazard. The scooters have buttons on the handle that play music and sounds. “Kiddieland” is molded on the back of the steering mechanism. Spiderman or Thomas & Friends™ are found on the steering mechanism and platform. The girl’s model has butterflies on the platform. The scooters were sold at Toys R Us and JCPenney from January 2009 through February 2011 for about $40.

Consumers should immediately take the recalled scooters away from children and contact Kiddieland for a free repair kit. For additional information, contact Kiddieland toll-free at (800) 430-5307 or visit the firm's website at www.kiddieland.com.hk

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 http://www.cpsc.gov/.

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

Could Crib Tents Become a Regulated Product?

Reprinted with Permission from Safety Record Blog, Copyright Safety Research Stategies, 2010

http://www.safetyresearch.net/

On December 27, 2008, the strangulation death of Noah Thompson by a Tots In Mind crib tent became the first to be investigated by the U.S. Consumer Product Safety Commission involving this unregulated product. Eighteen months later, in July, the commission and the manufacturer finally announced a recall featuring a repair remedy for the attachment clips.

The Thompson case underscores two continuing weaknesses in the regulatory framework meant to ensure the safety of juvenile products: long gaps between the time when a product is deemed hazardous and a recall, and the difficulty in dealing with baby products that fall outside of the CPSC regulations and are not manufactured to any voluntary or mandatory standard.

The CPSC says that the Tots In Mind recall may only be the first action it takes to protect toddlers from the design deficiencies of crib tents.

“CPSC’s Safe Sleep team is reviewing incidents with crib tents to determine the best approach to take with this product class to ensure the safety of young children,” says Scott Wolfson, the CPSC’s Director of its Office of Information and Public Affairs.
In the meantime, Crib Tents continue to be manufactured without regard to established safety standards and marketed under the presumption that they are safe to use with vulnerable populations in situations where adults are absent.

Safety Research & Strategies, which investigated the safety of cribs tents after a Virginia toddler suffered a lifelong brain injury caused by a crib-tent strangulation, turned its findings over to the CPSC. SRS President Sean Kane doesn’t believe that the recall goes far enough.

“We understand that the CPSC is restricted by their regulations in pressing the recall of an unregulated product, but the reality is that there are inherent problems with the design that are not being addressed by the recall.”

The Long Road to a Recall

Thompson was only two years old when he attempted to climb out of a play yard covered by a crib tent – a mesh-covered dome placed over a crib or a play yard to prevent toddlers from climbing out. These mesh domes are affixed to the play yard base with plastic clips. Those intended for use in a crib are all-in-one units that sit inside the crib and attach to the crib’s side rails with a hook and loop system. Parents can place or remove their toddlers in or from the enclosure via a zippered side.

According to the CPSC, Thompson was found “hanging with his neck entrapped between the play yard frame and the metal base rod of the tent that had been partially tied by pieces of nylon rope and partially attached by clips.” The Thompsons had improvised the nylon ties, because “the child was able to pop off the clips,” the CPSC said.

The commission said that it was aware of three other incidents in which children were “able to remove one or more clips and place their necks between the tent and the playard,” but were freed without incident.
The July 15 announcement recalled 20,000 Cozy Indoor Outdoor Portable Playard Tents Plus Cabana Kits, manufactured by Tots In Mind of Salem, N.H., the only U.S. manufacturer of crib tents. The remedy was free replacement clips supplied by Tots In Mind. While Thompson’s death was amply reported by the print and broadcast media, the recall received little coverage.

The year-and-a-half lag between the Thompson death and the recall occurred because the commission was not satisfied with the company’s first proposals for corrective action.

“There were numerous proposals by the company which CPSC staff did not accept due to the concern of the safety of a child being at risk with the proposed corrective action,” Wolfson said “We had to be sure new clipping system addressed the concerns that we had. Repair kits must be submitted to the CPSC, where they are reviewed and approved by CPSC engineers.”

Lengthy investigations and negotiations with the manufacturer– conducted out of the public purview by law – is a continuing source of frustration for safety advocates says Nancy Cowles, executive director of Kids in Danger.

“The CPSC is always pushing to get the company to agree to do a recall, and that’s part of the reason why I think they take so long,” Cowles said. “Also, so much of what the commission does is secret, so we don’t know at what point they had all the information to do a recall.”

The CPSC has other ways to alert the public about dangerous child products, says Don Mays of Consumers Union. He pointed to the commission’s recent move to get out ahead of a March recall on the Infantino Sling Rider and Wendy Bellissimo baby slings.

“There was one product responsible for three infant fatalities, but while negotiating the recall, the CPSC issued a public warning about slings and putting infants in slings, and that put the warning shot out there, instead of waiting for the remedy to be developed. I would like to see more of that, especially if they can’t fast-track a recall.”

The Problem with Crib Tents and Other Unregulated Baby Products

The greater challenge will be addressing the more general hazards associated with crib tents. Like many juvenile products, the crib tent was invented to address a specific problem that may be short-lived, but is very frustrating to parents. Caregivers may regard a crib tent as something that will prevent a fall, while ignorant of the suffocation and strangulation hazards it presents.

About a year before Thompson’s death, another toddler, Nicholas Blanco, suffered a severe and permanent brain injury when he became entrapped and strangled by a Cozy Crib Tent. On October 5, 2007, Blanco was in the crib when one of the fiberglass rods supporting the dome type cover broke and fell into the crib, pinning the boy between the support rod and the side of the crib. His mother discovered her son hanging on the outside of the crib with his neck stuck under the rod of the crib tent.

During the course of its investigation, SRS found stories of an unconfirmed death and other potential tragedies involving crib tents. Parents described the mesh tearing at the seams or at other points or the entire structure collapsing – either pulled down by the toddler or inverting under the weight of a pet. In some cases, the parent discovered the child entangled and was able to free it before an injury occurred.

SRS not only shared these complaints with the CPSC, and wrote and wrote an article on the dangers of crib tents (see Crib Tents: Another Hazard from the World of Unregulated Child Products)

The July recall does not address these hazards and Mays says that juvenile products add-ons – such as crib tents – present “all sorts of compatibility products not foreseen by the manufacturers – it might not fit all units.”

“And when that happens, a child’s safety is at risk. If you talk about sleep environments, it becomes particularly risky,” he says.

Cowles of Kids in Danger had more specific concerns:

“My problem with this recall is that they are saying it’s a safe product and it’s not,” she says. “The commission only counts the incident involving the play yard tent. They have other reported breakages with the crib tents. This recall doesn’t say how many parents complained to Tots in Mind and how many products failed.”

Crib Safety and the CPSC

This year, the CPS began rulemaking on new mandatory standards on cribs that could include provisions covering drop side hardware, mattresses, loose and fragile components, such as crib slats. The new rule may effective ban one of the most common designs: drop-side cribs. The proposal was developed by the commission’s Safe Sleep Team, in conjunction with juvenile products manufacturers and ASTM International, the manufacturing standards-setting body, after studying infant incident and injury data.
CPSC’s Safe Sleep team is also charged with coordinating all crib recalls, developing consumer education on product registration and safe sleep practices.

At last month’s CPSC meeting on Agenda and Priorities in fiscal year 2010, Ami Gadhia, on behalf of Consumers Union, Kids in Danger and the Consumer Federation of America, urged the commission to extend their safe sleep effort to other products such as crib tents, sleep positioners, and infant comforters and pillows.

“We are aware of deaths associated with each of these products, some of which have been recalled due to the hazard they pose to infants,” she said.

Crib tents currently are outside the express outlines of the Consumer Product Safety Improvement Act of 2008, which requires the establishment of standards and certificates of compliance for durable juvenile products that fall into 12 categories: cribs; toddler beds; high chairs, booster chairs, and hook-on chairs; bath seats; gates and other enclosures for confining a child; play yards; stationary activity centers; infant carriers; strollers; walkers; swings; and bassinets and cradles.

But, says Wolfson:

“The staff at the agency is considering another dozen juvenile products to turn into mandatory standards. We have not ruled out that this could be a product we might consider under section 104 of the Act.”

-- for more information on this story you can contact Safety Research & Strategies, 340 Anawan St., Rehoboth, MA 02769 (508) 252-2333

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