San Diego Personal Injury Attorney Blog

Ford Motor Company announced it is recalling 33,256 2010 model sedans and sport utility vehicles to replace the recliner mechanism in the front seat. According to a notice filed with the US National Highway Traffic Safety Administration, in the event of an accident the seatback and head restraint could move rearward, increasing the risk of injury. Ford said in a statement that no accidents or injuries have been reported due to the defect, which was discovered April 14.

According to reports in Reuters, the recall covers certain 2010 Ford Fusion and related Mercury Milan sedans built from December 11 through February 3 in Hermosillo, Mexico, and some 2010 Ford Explorer, Ford Explorer Sport Trac and Mercury Mountaineer SUVs built from December 15 through February 3 in Louisville, Kentucky.

The NTHSA says that in the recalled vehicles, "The recliner gear plate teeth may be out of dimension specification, which could result in limited pawl to gear plate tooth engagement." The Wall Street Journal reported that Ford will send notification letters to owners in May. The recliners will be replaced free of charge.

If you own one of the recalled Ford or Mercury vehicles, you may call Ford's help line at 866-436-7332 for additional information. If you have been injured in an accident in one of these vehicle and experienced an issue with the seat moving rearward, you should contact an experienced auto defect attorney about your legal rights. You may be entitled to compensation from Ford for the defective condition if it caused or contributed to your injuries or the death of a family member.

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A woman in West Boca Raton, Florida has settled a wrongful death lawsuit against crib manufacturer Simplicity, Inc., the makers of a drop-side crib in which the woman's daughter suffocated to death, and Walmart.

The amount of the settlement was not disclosed. The lawsuit was filed last September in Palm Beach County. The case had been set to go to jury trial, but Bergey's attorney filed a motion requesting the judge approve a settlement. The judge approved the agreement March 3, but the order did not detail the terms of the settlement.

Constance Bergey's 2-year-old daughter Serenity was found dead in her crib on September 19, 2007. Her head had become caught between a drop rail and the crib's mattresses. Two days following the 2-year-old's death, the United States Consumer Products Safety Commission announced a recall of nearly 1 million cribs.

According to reports in the Sun-Sentinel, the crib had not been assembled correctly, and was broken and held together with duct tape at the time of the child's death. In 2008, detectives had sought aggravated manslaughter charges against the toddler's mother, but prosecutors did not take the case.

According to a CPSC spokeswoman, Simplicty and the company that purchased Simplicity's assets have gone out of business. That does not change the fact that ALL Simplicity drop side cribs have been recalled, in addition to numerous other drop side cribs made by other manufacturers. To find out if your child's crib has been recalled, visit cpsc.gov. If your child has been injured or killed by a dangerous drop-side crib, contact the dangerous products lawyers at Estey Bomberger for more information and a free consultation.

Several brave California Highway Patrol officers helped stop a runaway Toyota Prius in El Cajon this afternoon, the Union Tribune reported. The car reportedly had a stuck accelerator, and was travelling as fast as 94 mph when the driver called 911. Using a loudspeaker, CHP officers relayed instructions to the driver on how to pull the emergency brake and regular brakes simultaneously to slow the Prius. Once the car had slowed to about 50 mph, the driver was able to turn off the engine and the car coasted to a stop near Kitchen Creek Road.

The incident began on eastbound Interstate 8 near the Flinn Springs area. After it was safely brought to a halt, the car was then towed to the CHP's office in El Cajon, where it will likely be inspected.

According to a 10News report, Toyota issued the following statement regarding the incident: "This afternoon (Monday, March 8), Toyota learned of a report that a California Highway Patrol (CHP) unit was dispatched in response to a 911 call from a motorist driving a Prius on Interstate 8 in San Diego County who said the accelerator pedal was stuck. The report states that the CHP unit slowed in front of the vehicle and acted as a brake to bring it to a stop. Toyota has dispatched a field technical specialist to San Diego to investigate the report and offer assistance."

While this story fortunately had a happy ending and the driver was not injured, hundreds of other people experiencing problems with stuck accelerators have not been so lucky. Last week, the New York Post reported as many as 52 deaths have been linked to faulty accelerators. The number of deaths is nearly double the number of people who died due to faulty Ford Pintos in the 1970's. Hundreds more have been seriously injured in accidents caused by out-of-control Toyotas.

If you have been injured or if a family member was killed in an accident involving a stuck accelerator in a Toyota or Lexus, contact the California Toyota defect attorneys at Estey Bomberger for a free consultation of your legal rights.

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On Friday, Toyota announced yet another recall due to potential safety issues with its Tacoma pickup trucks. This time, the automaker announced it is recalling about 8,000 Toyota Tacoma four-wheel drive pickup trucks for a problem with the front propeller shaft that could cause the truck to go out of control. A crack can reportedly develop in one of the joints that could cause the driveshaft to separate and fall away from the truck, which could cause the driver to lose control. According to Toyota, the problem can occur without warning.

This recall only includes certain 2010 4WD Tacoma Trucks. The 2005-2010 Tacoma was recalled in November due to the risk of the floor mat becoming entrapped with the accelerator pedal. The affected 2010 4WD models were assembled from mid-December 2009 to early February 2010. The majority of the vehicles are still in Toyota's distribution pipeline or still on dealer lots. Toyota owners can contact the Toyota Customer Experience Center at (800) 331-4331 for more information.

Dozens of lawsuits have already been filed against Toyota Motor Corp. for injuries in deaths caused by suspected faulty Toyotas. Just this week, a Nebraska widow filed a lawsuit against Toyota seeking damages for her death of her husband when her 2006 Toyota Prius suddenly accelerated and crashed. If you have been injured or lost a loved one in an accident involving a recalled Toyota, contact the Toyota recall attorneys at Estey & Bomberger for a free consultation of your legal rights.

The Wall Street Journal reported yesterday that Toyota Motor Corp. is considering modifications to its push-button ignition system. The possible modification, which is still only "under study" would allow drivers to turn off the engine by tapping the ignition button in succession three times. The push-button ignition system is used on all Lexus vehicles and is optional or standard on many Toyota models. The keyless start system is arguably not a convenience feature - it takes some getting used to - and not a safety feature either. In a recent article last month, the Los Angeles times discussed the potential confusion and safety issues this feature could cause. Many news outlets have speculated that the push button ignition was why an off-duty CHP officer could not stop a runaway Toyota in San Diego in August. The officer and three of his family members died in that crash, which made national headlines.

In 2007, safety investigators previously raised concerns about the keyless ignition system when they noted the system took away the ability to simply turn off the engine in the event of an emergency. In a survey, investigators found that few Lexus drivers actually knew how to turn off the vehicle in an emergency. At the time, the vehicles' owner's manual only made general mention of how to turn off the vehicle in an emergency. It has since been updated.

The number of vehicles recalled globally due to gas pedal entrapment, stuck accelerators, and defective Hybrid brakes has now reached 8.5 million. If you have been seriously injured in an accident involving a recalled Toyota, contact the auto defect Toyota recall attorneys at Estey & Bomberger, LLP for a free consultation of your legal rights.

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Earlier this week, the U.S. Consumer Products Safety Commission (CPSC) this week announced a recall of all Generation 2 Worldwide and "ChildESIGNS" drop side cribs. According to the government safety agency, the plastic hardware on the crib has the potential to break which can cause the side of the crib that drops to detach from one of the corners. If this happens it creates a space into which a baby or toddler can become wedged, entrapped or stuck, which poses a risk of strangulation or suffocation.

The CPSC has received three reports of infant deaths, including an eight-month-old Ohio boy in July 2007, an eight- month Indiana boy in October 2003, and a six-month-old Virgina boy in September 2002. In a February 9 press release, the CPSC also stated they have received reports of 20 other incidents, including five repots of children falling out of cribs and one child suffering a broken arm.

More than 500,000 of these cribs were sold to consumers. Some of the known model numbers are: 10-110X, 10-210X, 21-110X, 20-710X, 64-315X, 26-110X, 90-257X, 20-810X, 46-715X, 64-311X, 74-315X, 21-815X, 21-810X, 20815X, 308154 and 54915. (The "X" denotes where an additional and varying number may appear at the end of the model number.) The recall includes all Generation 2 Worldwide and "ChildESIGNS" drop side cribs, including those with other model numbers. Read the CPSC press release for more information.

Drop side cribs pose numerous safety hazards, and several million cribs were recalled by the CPSC in 2009. If your child suffered injuries from a dangerous or defective drop-side crib, contact the San Diego defective product attorneys at Estey & Bomberger for a free consultation of your legal rights. You may be entitled to compensation from the manufacturer of the crib.

Owners of the third-generation Toyota Prius, launched in 2010, have been sharing concerns over braking issues with the 2010 Prius. At least 33 complaints have been filed with the National Highway Traffic Safety Administration's Office of Defects Investigation, MSNBC reported on December 29. Motorists report a sensation of losing control or a brief delay in the brakes employing after putting pressure on the pedal.

Prius brakes are more complex than other, non-hyrbid conventional automobiles. When a driver puts their foot on the brake petal, the Prius brakes must first recapture kinetic energy lost and turn it into an electric current to recharge the car's batteries. A more conventional, hydraulic braking system is employed for more aggressive stops. Mechanics have speculated that the sensors that control the hybrid braking system could malfunction when the wheels are jarred by a hard bump. However, the NHTSA has not made a determination yet whether or not there is a safety related defect.

The California product liability attorneys at Estey & Bomberger are closely monitoring the situation with Toyota and reports of brake failure incidents involving the 2010 Prius. If you have a safety-related complaint involving any motor vehicle, you are urged to report it at safercar.gov, or by calling the NHTSA's hotline at (888) 327-4236. Government engineers will analyze the problem, and if warranted, the Office of Defects Investigation (ODI) will open an investigation to determine if a safety defect trend existis. Some of these investigations result in safety recalls. If you have been injured in an accident, you may also contact the product defect attorneys at Estey & Bomberger for more information about your legal rights.

Acer America Corporation, of San Jose, California, has announced the recall of about 22,000 Acer Aspire-serious laptop notebook computers due to a short-circuit problem that could cause the laptop to melt. The recall, which is announced in cooperation with the U.S. Consumer Product Safety Commission, includes the Acer AS3410, AS3410T, AS3810T, AS3810TG, AS3810TZ and AS3810TZG. The computer's screen size is about 13.3 inches measured diagonally. The laptops were sold on Amazon.com and at retailers nationwide, including Fry's Electronics, Radio Shack, and other computer retailers from June 2009 through October 2009 for between $650 and $1,150.

Burn Injury Hazards

According to the press release from the CPSC, an internal microphone wire under the palm rest can short circuit and overheat, which can cause the external case to melt. This could potentially result in a serious burn injury to consumers. Owners of the recalled units should stop using the recalled notebook computers immediately and contact Acer to determine if their notebook is affected and to receive a free repair. More information can be found on the CPSC website.

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In cooperation with the U.S. Consumer Product Safety Commission, Dorel Juvenile Group has recalled about 213,000 play yards sold under the names Safety 1st Disney Care Center™ Play Yard and Eddie Bauer Complete Care Play Yard. The play yards present a risk of suffocation or positional asphyxiation if the one piece metal bars supporting the floorboard of the bassinet attachment come out of the fabric sleeves and create an uneven sleeping surface.

The play yards, which were manufactured in China, were sold at Babies "R" Us, Kmart, Sears, Target and Walmart from January 2007 through October 2009 for between $100 and $130. According to the CPSC, the models included in the recall are 05025, 05026, 05037, 05088 and 05350. The model number is printed on a sticker on one of the support legs underneath the play yard. "Safety 1st" or "Eddie Bauer" are printed near the bottom of the fabric sides of the play yards.

The CPSC says consumers should immediately stop using the bassinet attachment to the play yard and contact Dorel Juvenile Group for a free repair kit including replacement bassinet fabric, bassinet bars and installation instructions. For more information, visit the CPSC website or the Dorel Juvenile Group website.

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