New York Injury Lawyer Blog

New York injury lawyers have been keeping a close eye on the recent current events involving a hybrid vehicle manufactured by General Motors Co. On more than one occasion, a Chevrolet Volt has caught fire after damage was made to the lithium-ion battery and coolant line following a crash test. Researchers have been investigating the dangers of the plug-in vehicles that could put car accident victims at risk of a fire hazard following a car accident in Manhattan, Queens or elsewhere.

Investigators from the National Highway Traffic Safety Administration have been working with General Motors representatives to determine the safety issues that Chevy Volt owners could face.

According to CBS News, General Motors Co. has offered to buy back Chevy Volts from owners who fear their safety and could be in danger if the car catches fire following a crash. The automobile manufacturer wants to keep customers happy. Consumers who have purchased the vehicle appreciate the fact that it can travel roughly 40 miles before electric power runs out and the gasoline engine takes over. The hybrid vehicle can travel almost 380 miles on electric and gas, and has been highly rated by the U.S. Environmental Protection Agency over other hybrid models. The Chevy Volt hit the market nationwide in October, and GM plans to produce 60,000 of these vehicles starting in 2012.

Following a full investigation, there could be more than 6,000 Volts recalled in the U.S.. The cars will be pulled in for repair once safety regulators determine the specific cause of the fire hazard. In previous incidents, fires have ignited seven days to three weeks following a side-impact crash. Some investigators are speculating that spilled coolant is one possible cause of the fires. Other areas of concern are circuit boards and how the battery cells are packaged in the form of a T-shaped pack. GM officials feel there is no immediate threat to a driver involved in a crash because no real-world crashes have caught fire to date.

One thing we are certain of is that consumers should always put safety features first when determining what kind of vehicle to purchase. The federal government puts vehicles through rigorous testing to make sure they are equipped to handle the effects of crashes involving forward, side or rear impact. Though the Chevy Volt is a highly rated hybrid vehicle, there were side-impact crash tests that lead to detecting the fire hazard and potential danger for consumers purchasing this vehicle.

One resource that consumers may find helpful is safercar.gov. Consumers can compare vehicles side by side and determine the best fit for you or your family.

Buying a safer car has been made easier in recent years with an annually published brochure that provides information on a vehicle's safety features, rollover and crash test results, and helps to determine which vehicles provide the most protection from injury or death when involved in a crash.

Vehicle shoppers should start the process by visiting the Frequently Asked Questions about 5-Star Safety Ratings. Understanding what each star rating means can help you determine which safety features are the most important to you.

Continue reading "Chevrolet Volt Owners in New York May Be Wise To Consider GM Buy-Back Offer" »

According to ConsumerReports.org, the electric Chevrolet Volt sustained several crash tests with flying colors back in June and was rated pretty strongly by government standards. The Volt received an overall vehicle rating of 5, which consisted of a 4 rating for overall frontal crash and a score of 5 for both rollover and overall side crash tests. The Insurance Institute for Highway Safety even claimed the vehicle as its Top Safety Pick Award.

But if you own a Volt, you may be concerned about recent headlines associated with the vehicle. More than one fire has ignited from the lithium ion batteries used in the vehicle, potentially putting this Chevy model at considerable risk of future fire-related car accidents in New York and throughout the country.

Manhattan defective car accident attorneys understand that most consumers rely on crash ratings to help them determine which car to purchase. It is a little disconcerting when you find out that the vehicle you are driving has a defective part and could put you in considerable danger if you become trapped following a crash.

The National Highway Traffic Safety Administration recently announced they have not put a recall on Chevy Volts, but they are conducting an investigation to get to the source of the safety defect problem.

The problem with the defective battery was detected following the side-impact crash test at a Wisconsin NHTSA testing site in May. Roughly three weeks after the vehicle was tested, the car caught fire. It turns out the vehicle's battery was damaged during the crash test and the coolant line was ruptured. Researchers concluded that the damage to the lithium-ion battery pack is what caused the fire to ignite. Since then, the agency has made efforts to gather more information from the Department of Energy, Department of Defense and General Motors about potential fire hazards in electric vehicles following a crash that contain lithium-ion batteries as a power source.

The NHTSA continues to support that electric vehicles have tremendous value in creating more jobs, showing long-term savings for consumers at the pump, and that these vehicles promote a safer environment for everyone.

Vehicle owners, first responders and tow truck operators are advised to take the following into account when responding to a crash involving an electric vehicle:

-Crash victims should exit the vehicle only if it is safe to do so. Wait for help to arrive if you are physically unable to get out of the vehicle.

-Anyone responding to the scene of an accident should first look to see if there are any indicators that the vehicle involved is powered by electric and exercise caution when it you determine that it is.

-Tow truck operators should proceed with caution when hauling the vehicle away and make sure it is stored outside, in an open area with no other vehicles in close proximity. Vehicle owners should not drive or have the vehicle towed to an enclosed garage.

If you own a Chevrolet Volt and have concerns about your vehicle, contact your local dealer to get more information.

Continue reading "Defective Parts in Chevy Volts Being Scrutinized for Post-Crash Fire Risks in New York, Nationwide" »

A recent announcement by the U.S. Consumer Product Safety Commission (CPSC) suggests that toy shopping for little ones should be easier this year when it comes to worrying about safe products. It is the opinion of the agency that stronger safety rules for toy products are putting children less at risk of toy-related injuries in New York and nationwide.

Toy recalls may be down in fiscal year 2011 but our New York City defective toy product accident attorneys know that far too many children are still injured because not every toy on the market gets tested against federal standards. Toys placed on retailer shelves fall through the cracks far too frequently before a defect is detected and causes a child serious injury.

Several safeguards for toy manufacturers have been put into place recently. One safeguard is that lower lead content and lead paint limits have been established. The use of certain phthalates has been strictly limited. What used to be voluntary toy standards have now been converted into mandatory standards. Toys meant for children 12 and under are now required to have third-party testing and certification done on them. Lastly, stricter standards are being met with tracking shipments from other countries with the intent of seizing imported toys that are deemed dangerous.

As a result of these safeguards, there has been a significant decline in toy recalls since 2008. There were 34 toy recalls in fiscal year 2011, 46 toy recalls in 2010, 50 toy recalls in 2009 and 172 toy recalls in 2008.

Fewer recalls should translate to fewer toy-related deaths in small children. On the contrary, there were 17 toy-related fatalities for children 15 and under in 2010 compared to 15 reported deaths for the same age group in 2009. The majority of deaths are related to choking incidents with small balls or balloons.

The CPSC also recently reported that there were 181,500 toy-related injuries treated in hospital emergency rooms for children 15 and under in 2010. One thing hasn't changed, which is non-motorized scooters remain the leading cause of child injuries related to toys. Many children showed up at emergency rooms with cuts, contusions or abrasions to their head and face from a toy-related accident.

Consumer tips for toy gift shopping this holiday season:

-Never purchase balloons for children under 8 years old. Balloons cause a severe choking hazard for small children, especially when deflated or broken.

-Magnets are easy for small children to place in their mouth and cause them to choke or potentially die from swallowing. Stay away from toys or play sets containing small magnets.

-When purchasing a scooter, inline skates or skate board, don't forget to buy the helmet, elbow and knee pads that go with it.

-Children under 3 should never be given small balls or toys that can easily fit in their mouth.

Once gifts are open, parents should get rid of plastic wrapping, tissue paper or excess cardboard that gifts are wrapped in. Don't allow toys appropriate for certain age groups to be mixed or shared among siblings. Always supervise your children when they start playing with a new toy to reduce the risk of injury caused by a potential defective product.

Continue reading "Consumer Safety Commission Says Toys are Safer This Holiday Season" »

As we head into the upcoming holiday season, Queens defective product attorneys want to remind parents and other consumers to be careful in the products you buy for your children this year.

There are loads of toys and other child products out there that are a danger to your child so make sure you check for recalls and hazards and buy wisely this holiday season.

Most New York child injuries from defective toys are considered preventable. In fact, there were roughly 250,000 emergency room visits last year involving toy-related injuries, most of which could have been avoided.

Children while playing with toys are at risk of fall accidents, poisoning, puncture wounds, burn injuries, suffocation and severe cuts among other things. Protecting children from injuries should be the first priority of manufacturers, distributors, and retailers but unfortunately some products slip through the cracks.

The U.S. Consumer Product Safety Commission recently took a vote and approved to have child products tested by an independent third party. Private labelers, importers and manufacturers will now be required to:

-Continue to test and certify products made for children in compliance with safety standards as set forth by the Consumer Product Safety Improvement Act of 2008.

-Agree to have periodic testing done by a third party.

-Product changes in design, source of component parts and manufacturing process must be re-tested and re-certified for federal safety standards.

-Keep up-to-date records on file for certification and testing of their products.

-Once in effect with the Federal Register, labels can be placed on the product that states "Meets CPSC Safety Requirements" in show of good faith that the product complies with all federal standards.

One child toy you may have been considering this holiday season is the Auto Fire Target Sets manufactured by Henry Gordy in nearby Plainfield, NJ. CPSC recently cited the Toy Dart manufacturer -- handing out a $1,100,000 civil penalty for failing to report a safety defect to the Commission. The company allegedly knew about the defect since May 2006. By May 2010, there were already three deaths caused by the defective target gun set. The Auto Fire Target Sets were sold between September 2005 and January 2009 at roughly $1.50 each exclusively at Family Dollar stores.

The hazardous product can lead to choking or blocked air passage if a child puts the dart inside their mouth.

Children under 5 have the highest risk of a toy-related injury and often sustain injuries to their mouth, eyes, ears, arms legs or throat. Children under the age of 3 are at particular risk of a choking accident because they are the age group most likely to want to put a toy in their mouth.

In 2006, the CPSC reported 22 toy-related deaths for children ages 14 and under. The number one cause of toy-related deaths and injuries were from riding toys that year. In 2006, there were over 220,000 trips to the emergency room from toy-related injuries for children of all ages. In 2002, choking hazards caused 54 percent of toy-related fatalities most commonly caused by balloons.

Parents, guardians and caretakers concerned about holiday gift buying for their children should visit U.S. PIRG online for their annual Trouble in Toyland toy safety report. These helpful resources can help consumers avoid common hazards and provide shopping tips that will help keep your children safe this holiday season and throughout the year.

Continue reading "Holidays Bring Risk of Defective Product Injury in New York " »

Recently, the U.S. Consumer Product Safety Commission (CPSC) re-issued a recall for Comfort-Aire and Goldstar dehumidifiers. About 98,000 of these units present a significant burn and fire hazard risk.

New York injury lawyer Nicholas Rose remembers the initial recall back in 2009 when there were 11 incidents of property damage that included four fires.

Since the initial recall, LG Electronics Tianjin Appliance Company and the CPSC have gotten 16 more reported incidents, including 9 fires with damages ranging from $95,000 to $500,000. Apparently a short circuit can occur to the dehumidifier's compressor causing the fire risk.

With fall season approaching and colder weather coming our way, this would be a good time to mention safety when it comes to space heaters. With the increasing cost of natural gas and heating oil many consumers use space heaters as an alternative heating source. Human error leads to many space heater incidents including placing them too close to flammable objects or failing to fuel, operate and install them properly.

The U.S Consumer Product Safety Commission estimates at least 30,000 residential fires occur each year due to space heaters causing about 180 deaths and 1000's of injuries. Portable kerosene heaters and room gas heaters can also lead to deaths caused by carbon monoxide poisoning.

SPACE HEATER SAFETY PRECAUTIONS:

• Always use heaters that have been certified by a nationally recognized testing lab. New heaters will have modern safety features that older ones will lack. Operate them in accordance with the manufacturer's instructions.


• Never put a cord for an electric heater under a carpet and try to avoid using extension cords.


• Always put the heater on a level surface that is nonflammable, like a ceramic tile floor.


• A 3 foot safety area should exist between the heater and any flammable material like drapes, bedding and furniture.


• Make sure the size of the space heater is appropriate for the room size it will be functioning in.


• Pets and children must be kept away from any space heaters.


• Space heaters must be turned off when no one is occupying the area or the room is empty.


• Always shut space heaters off prior to going to sleep. Never have a space heater near a sleeping person.


• Never put gasoline in a space heater that uses kerosene. Just a small amount of gas mixed with kerosene can cause a significant fire hazard. And always use 1-K kerosene in your kerosene heater.


• Unless specified by the manufacturer, never use a portable propane space heater indoors or in a confined area.

Remember, smoke alarms should be installed on every level of your house. They should be located outside the main sleeping area of the home and in every bedroom. Having smoke alarms with carbon monoxide (CO) monitoring is essential for preventing CO poisoning. A good rule of thumb is when you turn back the clocks change your smoke alarm batteries.

Continue reading "Defective Space Heaters Can Lead to Fire-Related Injuries in New York" »

New York City Injury Attorneys hope you and your family have a fun and enjoyable Fourth of July weekend.

And the best way to ensure fun is to be safe, especially on the roads. AAA estimates that 39 million people will be driving this holiday weekend, which is actually a drop from the 40 million or so who traveled 50 miles or more from home last year, USA Today reports.

While there may be fewer drivers on the roads than in 2010, 39 million is a large number of drivers. And, as we all know, the traffic never stops in New York City, holiday or not. More drivers means the potential for more car accidents in Queens and elsewhere in the city.

With people enjoying the holiday weekend, they may be more likely to drink alcohol. And despite ample public transportation options throughout the five boroughs, people will still get in their vehicles and drive drunk. In 2009, there were 321 alcohol-impaired driving fatalities, according to The Century Council, a non-profit group.

Distracted driving is a major cause of vehicle accidents, whether because of texting and driving, talking on a cell phone and driving, applying makeup, messing with the radio dial or other distractions. And in the city that never sleeps, pedestrian accidents in New York are always a concern.

But besides driving, there are other safety hazards this holiday weekend. While many people may not venture far from their homes, they may enjoy the warm weather swimming. Private and community swimming pools are prone to swimming pool accidents in Brooklyn and elsewhere.

Many children are injured each year in swimming pool accidents, which can range from slipping and falling, causing bruising or even broken bones, to drownings. According to the New York State Department of Health, there were 32 drownings reported in New York City between 1987 and 2007.

Some swimming pool tips from the American Academy of Pediatrics:

• Never leave your child alone in or near the pool
• Stay within an arm's length of a child under 5
• Separate your pool with a fence that locks
• Keep rescue equipment and a phone nearby

And be careful of fireworks this holiday weekend. While New York is one of four states nationwide that ban the sale of fireworks, many people drive across state lines (not New Jersey, because that's another of the four) to purchase personal fireworks. We would recommend going to a city sponsored display, but if you choose to use fireworks, take extra precautions in order to stay safe.

The Centers for Disease Control and Prevention report that nearly 7,000 people were injured and seven killed in 2008 in fireworks accidents. Fireworks accidents in New York can cause severe injuries, from burns to eye problems to brain injuries.

While they seem fun and harmless, these products can sometimes be defective and cause injuries. And with homes so close together in many parts of the city, they can injure others unintentionally as well.

Continue reading "New York City Injury Attorneys Wish You a Safe Fourth of July" »

A new website aimed at informing consumers about potential hazards of common household products launched earlier this week.

The U. S. Consumer Product Safety Commission (CPSC) has set up its SaferProducts.gov database. This website has been mandated by Congress, as part of the Consumer Product Safety Improvement Act to help reduce the risks of personal injury in New York and elsewhere because of faulty, hazardous consumer products.

"CPSC stayed on time and on budget in building this new database," said Chairwoman Inez Tenenbaum. "Through SaferProducts.gov consumers will have open access to product safety information that they have never seen before and the information will empower them to make safer choices."

Our New York injury attorneys understand that, up until now, there have been virtually no government-mandated databases for this type of useful information. With this website, consumers can reduce the risks of at-home injury by actively informing themselves about the products and appliances they commonly use. If you are injured by a consumer product, you are advised to contact an experienced attorney as taking on these large corporations to gain rightful compensation can be difficult, time-consuming and confusing.

If you're aware of a product that may cause harm or have the potential to cause harm, you are asked to submit a report to the CPSC website. They will then have five business days to forward that report on to the product manufacturer. Once the manufacturer has received that report, they will have 10 business days to reply with any comments or claims. At the end of that 10 business day period, and after all requirements are met, the report and the comments will be posted to the website for all consumers to see.

The CPSC would like to remind consumers that they will not be posting information that is faulty or inaccurate. Reports lacking required information and those revealing confidential information will not be posted either. Lastly, information in a report determined to be materially inaccurate within the 10 days after it has been provided to manufacturers to respond will not be published.

"I believe that an informed consumer is an empowered consumer," Tenenbaum said. "The ability for parents and consumers to search this database for incidents involving a product they already own or are thinking of purchasing will enable them to make independent decisions aimed at keeping their family safe."

The CPSC started registering businesses and accepting reports through the website in January. Since then, the website has received approximately 1,500 reports and has signed up about 1400 manufacturers. The manufacturers sign up though the website's Business Portal so that they can receive any reports pertaining to their products via email in a timely manner.

"We will continue to accept written, phone and fax reports, as we have for decades," Tenenbaum said. "What is new and significant today is that we are launching an up-to-date system for letting consumers review safety reports alongside manufacturer comments about those reports."

Continue reading "CPSC Launches New Website to Reduce Risks of Harmful Product Injury in New York and Elsewhere" »

Parents of newborns have enough things to worry about without having to add consumer safety to the checklist. New York personal injury attorney Nicholas Rose is all too familiar with the dangers parents face when it comes to defective products used for their infants.

Crib safety has been a growing concern over the last few years. Last October, NJ.com reported a number of companies in the northeast were forced to recall drop-side cribs. The U.S. Consumer Product Safety finally took action after decades of infant injury and death in dropside cribs.

The CPSC is working with New York Presbyterian/Morgan Stanley Children's Hospital and American Academy of Pediatrics to get the word out to parents by issuing a "Safe Sleep for Babies" video to hospitals and doctors' offices. The video focuses on the risks of strangulation and entrapment in cribs. Educating parents, especially first time parents, is a good step in ensuring the safety of infants from serious injury or even fatality.

The CPSC is an excellent resource for parents when it comes to keeping their infants safe from consumer products. The CPSC provides updated information on recalls for products like cribs, play yards, and bassinets. Since 2007, there have been over 11 million of these infant products recalled.

The CPSC offers some simple rules that can assist in a better nights rest for the parent and infant:

-Keep cords or strings out of reach from the infant's crib in order to prevent strangulation.

-Create a safe sleep environment by not placing thick quilts or pillows in the crib. These kinds of items increase the chances of suffocation.

-Safety standards are constantly improving so parents should not use cribs older than 10 years, or cribs that are broken. Infants can suffer strangulation if the slots are too wide or need repaired.

-Most importantly, parents putting together cribs and play sets should follow the directions provided by the manufacturer. Ensuring that the product is assembled correctly is the best way to keep your child safe.

To reduce the risk of suffocation and sudden infant death syndrome for infants less than 12 months, the CPSC offers the following safety tips:

-Only use a fitted bottom sheet specifically made for crib use.

-Refrain from putting pillows, bumper pads, stuffed toys, or quilts in the crib with the infant.

-Use a firm tight fitting mattress in the crib.

-Place the infant on their back when putting them in the crib for a nap.

-Tightly secure all hardware used on the crib or for mattress support.

Continue reading "Defective cribs a tragic danger facing New York infants" »

For the fourth time this year, Graco Children's Products, in tandem with the U.S. Consumer Product Safety Commission has issued a massive recall for one of Graco's infant products. In what the New York Times is dubbing the "largest recall of strollers ever", last week Graco urged nearly two million owners of older-model Quattro Tour and MetroLite stroller and car seat/stroller combo "travel systems" to stop using their product due to strangulation concerns.

New York City personal injury attorney Nicholas Rose has noticed that this is the second Graco stroller recall in 2010 alone. Earlier this year, Graco recalled 1.5 million of their Passage, Alano and Spree stroller models. All models were manufactured between 2004 and 2008 and all pose some risk of laceration and amputation injury.

In addition, Graco issued a 2010 recall for 1.2 million Harmony Highchairs manufactured between 2003 and 2009 due to a tip over risk. They also issued a recall on their Simplicity and Drop Side Crib by LaJobi after it was determined that both pose entrapment and possible strangulation hazards.

Since 2003, four infants have died and five more have sustained entrapment injuries after become stuck between the seat bottom and handrest bar or stroller tray. To date, all reported injuries or deaths have been linked to unharnessed children who have slipped or crawled and become stuck in the seat bottom of the Quattro Tour and MetroLite models. Graco and the CPSC both urge parents to NEVER leave a child in a stroller or car seat unsupervised or without proper restraints in use.

Graco is providing a free repair kit to correct the problem and is advising parents not to return the strollers to the store where they were purchased. The kit includes a cloth piece with leg holes that straps across the front of the stroller and blocks access to the opening.

Graco officials said they were especially concerned about a prompt and widespread recall because so many families in the current economy are turning to resale products and secondhand items are often significantly discounted from their original price. Considering the original sticker price ranged from $90-$190 for the strollers and between $190-250 for the travel systems, both are popular items at resale shops. Affected stroller models were sold at a host of national retailers from Kmart to Sears between 2000 and 2007 and both Graco and the CPSC have posted model numbers on their websites.

And Graco is not the only child product manufacturer to struggle with recalls in 2010. So far this year more than 100 children's products and toys have been recalled due to potential and reported incidence of injury or hazard.

Continue reading "Graco stroller recall prompted by risk of defective product injury to infants in New York, elsewhere" »

CNN reports that the federal government has proposed new rules for baby cribs, following a string of high-profile recalls and more than a decade of infant deaths in drop-side cribs.

An astounding number of baby cribs and other products marketed to children continue to be recalled by the U.S. Consumer Product Safety Commission. Just this week a Pottery Barn Kids crib was recalled due to risk of entrapment, suffocation and falls.

Those who think child products are usually safe are sorely mistaken: So far this year 87 child products (excluding toys) have been recalled by the federal government -- including at least 12 cribs. Another 20 toys have been recalled by the CPSC. Choking hazards, entrapment hazards, strangulation hazards and lead-based paint or other harmful chemicals are common reasons for recalls.

Companies have an obligation to manufacture and sell safe products. Consumers have a basic right to expect a product they purchase to be free from harmful or deadly defect. Nowhere should that obligation be taken more seriously than in the marketing of products to our children. And yet more than 100 children's products have been recalled during the first six months of 2010. Families dealing with injury to a child resulting from a defective product should contact a New York City injury lawyer to discuss their rights.

The case reported by CNN is common among serious and fatal injuries caused by defective cribs. A New York mother put her child to sleep and returned later that morning to find he had gotten his neck stuck in a gap between the side rail and the headboard. The coroner ruled the death an accident but the family notified the CPSC.

Thirteen years later, the government is finally doing something about it.

The new standards would require cribs to be tested for safety without re-tightening screws between tests. The New York incident, and others, have been blamed on screws coming loose from the frame. The rules would also require non-full-size cribs to comply with many of the standards in place for full-size cribs, including mattress support performance and side-impact tests.

A full list of children's products under recall is available through the federal government.

Continue reading "Defective child products a common risk for New York City parents" »