St. Cloud Personal Injury Lawyer - Defective & Dangerous Products

Stork Craft Recalls 2.1 Million Drop Side Cribs

Mike Bryant — Mon, 23 Nov 2009 22:16:03 GMT

Today, The U.S. Consumer Product Safety Commission and Stork Craft Manufacturing Inc., of British Columbia, Canada recalled 2.1 million Stork Craft drop-side cribs. drop-side plastic hardware can break, deform, or parts can become missing. In addition, the drop-side can be installed upside-down, which can result in broken or disengaged plastic parts. All of these problems can cause the drop-side to detach in one or more corners. When the drop-side detaches, it creates space between the drop-side and the crib mattress. The bodies of infants and toddlers can become entrapped in the space which can lead to suffocation. Complete detachment of drop-sides can lead to falls from the crib.

CPSC, Health Canada, and Stork Craft are aware of 110 incidents of drop-side detachment; 67 incidents occurred in the United States and 43 in Canada. The incidents include 15 entrapments; 12 in the U.S. and three in Canada. Four of the entrapments resulted in suffocation: a 7-month-old in Gouverneur, N.Y.; a 7-month-old in New Iberia, La.; a 6-month-old in Summersville, W.Va.; and a 9-month-old in Bronx, N.Y. Included in these incidents are 20 falls from cribs; 12 in the U.S. and eight in Canada. Fall injuries ranged from concussion to bumps and bruises.

http://www.youtube.com/watch?v=t2JehETgNjc&feature=player_embedded

The cribs involved in these incidents had plastic drop-side hardware that had broken, missing, or deformed claws, connectors, tracks, or flexible tab stops; loose or missing metal spring clips; stripped screws; and/or drop-sides installed upside-down.

The cribs were sold at major retailers including BJ’s Wholesale Club, J.C. Penney, Kmart, Meijer, Sears, USA Baby, and Wal-Mart stores and online at Amazon.com, Babiesrus.com, Costco.com, Target.com, and Walmart.com from January 1993 through October 2009 for between $100 and $400.

This recall includes Stork Craft cribs with manufacturing and distribution dates between January 1993 and October 2009. This recall also includes Stork Craft cribs with the Fisher-Price logo that have manufacturing dates between October 1997 and December 2004. The Stork Craft cribs with the Fisher-Price logo were first sold in the U.S. in July 1998 and in Canada in September 1998. The cribs were sold in various styles and finishes. The manufacture date, model number, crib name, country of origin, and the firm’s name, address, and contact information are located on the assembly instruction sheet attached to the mattress support board. The firm’s insignia “storkcraft baby” or “storkling” is inscribed on the drop-side teething rail of some cribs. In Stork Craft cribs that contain the “Fisher-Price” logo, this logo can be found on the crib’s teething rail, in the manufacturer’s instructions, on the assembly instruction sheet attached to the mattress support board, and on the end panels of the Twinkle-Twinkle and Crystal crib models.The cribs were manufactured in Canada, China and Indonesia.

Consumers should immediately stop using the recalled cribs and wait for the free repair kit, and do not attempt to fix the cribs without the kit. They should find an alternative, safe sleeping environment for their baby. Consumers should contact Stork Craft to receive a free repair kit that converts the drop-side on these cribs to a fixed side. Stork Craft can be contacted at (877) 274-0277or through their website www.storkcraft.com

If you or a family member is injured by a product, you need to get immediate medical care. If there is a significant affect or injury, you should contact an attorney concerning the problem. Early investigation can include the collection of product, checking recall alerts, and the proper notifying of those who caused the problem.

Originally posted at InjuryBoard by Mike Bryant

Treestands Recalled By Gander Mountain

Mike Bryant — Mon, 16 Nov 2009 08:39:00 GMT

The second week of November, The U.S. Consumer Product Safety Commission and Gander Mountain Company, of St. Paul, Minn,recalled 13,000 Hang-On Fixed Position Treestands. The clasp may open unexpectedly if the strap is fastened incorrectly, causing the treestand and user to fall to the ground.

This recall involves he 2008 model GMT101 and 2008 model GMT103 Hang-On Fixed Position Treestands. The recalled treestands have wire mesh on the base of the platform to the top of the footrest and a Gander Mountain logo on the front of the seat. In addition, the seat has a camouflage pattern that is branded “AP” and “REALTREE”. Model GMT101 has “Steel Hang-On With Foot Rest” printed in large bold print on the exterior of the box and the GMT103 has “Large Steel Hang-On With Foot Rest” printed on the exterior of the box. This recall does not affect the 2009 year models GMT101 and GMT103 Hang-On Fixed Position Treestands manufactured by Rivers Edge..

The strollers were sold at Gander Mountain stores from July 2008 until July 2009. The GMT101 was sold for about $60 and the GMT103 was sold for about $80. The products were made in China.

Consumers should immediately stop using recalled treestands and return them to Gander Mountain for a refund, exchange for a 2009 model or a store credit. Consumers can contact Gander Mountain at (888)-542-6337 or visit the firm’s Web site at www.gandermountain.com.

Originally posted at InjuryBoard by Mike Bryant

One Million Baby Strollers Recalled By Maclaren

Mike Bryant — Tue, 10 Nov 2009 07:47:21 GMT

The first week of November, The U.S. Consumer Product Safety Commission and Maclaren USA, Inc., of South Norwalk, Conn., recalled 1,000,000 Maclaren Strollers. The stroller’s hinge mechanism poses a fingertip amputation and laceration hazard to the child when the consumer is unfolding/opening the stroller. There has been 12 finger amputations as a result of the problem.

This recall involves all Maclaren single and double umbrella strollers. The word “Maclaren” is printed on the stroller. The affected models included Volo, Triumph, Quest Sport, Quest Mod, Techno XT, TechnoXLR, Twin Triumph, Twin Techno and Easy Traveller.

The strollers were sold at Babies“R”Us, Target and other juvenile product and mass merchandise retailers nationwide from 1999 through November 2009 for between $100 and $360. The products were made in China.

Consumers should immediately stop using he recalled strollers and contact Maclaren USA to receive a free repair kit Consumers can contact Maclaren USA at (877) 688-2326 or visit the firm’s Web site at www.maclaren.us/recall.

Originally posted at InjuryBoard by Mike Bryant

Toby Keith: What Are You Talking About?

Mike Bryant — Thu, 05 Nov 2009 09:20:00 GMT

I've always been a big fan and own a couple of his albums. I think I've watched "Beer For My Horses" too many times, probably. It's because I like listening, that I pay attention to the lines of his song. Which surprised me a little when he threw, "Spill a cup of coffee, make a million dollars" into American Ride. I would guess a lot of people missed it or guess that they know what it is, but the reality is that it's so untrue it deserves a comment.

It's the McDonald's case. Yes, that great place that loves to sue others and mistreat employees. It's the case where so many tort reform lies sprung, but almost no one has ever seen the woman. The 79-year-old woman went to a McDonald's in New Mexico with her son. She was sitting in the car, not driving as the story goes. She was attempting
to remove the lid when the coffee spilled and was burned by a liquid that was 180-190 degrees Fahrenheit when served and that it was between 165 and 170 degrees Fahrenheit when it was spilled. The coffee you make at home is 135-140 degrees Fahrenheit. She suffered horrific third degree burns to her inner thighs and buttocks. She went to McDonald's and asked for her $10,000.00 in medical costs, including the cost for debridement and skin grafting. They said no.

A jury listened to all the evidence and found that the coffee was way too hot and that McDonald's was well aware of that. But they also found the woman 20% at fault. The verdict was $200,000.00 in compensatory damages and $2,700,000.00 in punitive damages. Right off the bat, the court by rule reduced the compensatory amount by her negligence of 20%. The judge also reduced the punitive damages to $480,000.00 . The case was then appealed and reduced again. Following this the case was settled with a nondisclosure agreement. Both the woman and her lawyer have been forced to remain silent while the story has gotten bigger and bigger with each telling.

It was later disclosed that the jury came up with their number by using the amount McDonald's made in coffee sales for a day. That they came into the case thinking this would be nothing and were surprised with the way McDonald's didn't seem to care and that they had over 800 similar incidents.

Why have McDonald's and other tort reformers continued to tell the one sided story? Well, to get juries to make sure "that never happens again". To convince people that they need insurance, because it could happen to you. And to attack a good system of justice that allows ordinary people to get protection. The system worked as it should in this case, unfortunately people don't often know what really happened.

I'll continue to listen, Toby, but you missed the mark on this one. Or at the very least you are helping big business continue to take the consumer for a ride.

Originally posted at InjuryBoard by Mike Bryant

3.8 million Toyotas Equal 6th Largest American Recall:Too Late For Four Killed

Mike Bryant — Tue, 03 Nov 2009 23:32:44 GMT

Apparently two years ago there were five complaints from owners of the 2007 Lexus ES 350 about unintended acceleration. It took them a little while, but after an apparent "thorough investigation" Toyota and the National Highway Traffic Safety Administration have now recalled the all-weather floor mats in 2007 and some 2008 ES 350s as well as their sibling, the Toyota Camry. Admitting that the floor mats could jam accelerators on 3.8 million Toyotas.

If they had acted faster would they have saved the four people in California who were killed in a recent crash involving a Lexus with a stuck accelerator pedal? Do you think it was the complaints of the potential litigation that finally caught up with Toyota and made them do something? Maybe, tort deform damage caps might have gotten them to act faster? You have got to be kidding me or maybe you own stock in Toyota.

The recall will affect 2007-2010 model year Toyota Camry, 2005-2010 Toyota Avalon, 2004-2009 Toyota Prius, 2005-2010 Tacoma, 2007-2010 Toyota Tundra, 2007-2010 Lexus ES350 and 2006-2010 Lexus IS250 and IS350.

For more information, consumers can contact the National Highway Traffic Safety Administration's hotline at (888) 327-4236, Toyota at (800) 331-4331 or Lexus at (800) 255-3987.

Originally posted at InjuryBoard by Mike Bryant

Target Halloween Flashlights Recalled

Mike Bryant — Thu, 29 Oct 2009 18:33:00 GMT

The last week of October, The U.S. Consumer Product Safety Commission and Target, of Minneapolis, Minn., recalled 610,000 Halloween Flashlights. The flashlights can overheat and melt, posing a burn hazard to consumers.

This recall involves two types of Halloween-themed flashlights: the mini flashlights and flashlights sold with stencils.

Mini Flashlights - The mini flashlights have a key ring extending from the bottom and were sold in a pack of three colors: orange, green and black. The orange and purple packaging has “Mini Flashlights (3 Pack)” printed on the front and “DGI”, “Made in China” and “DPCI# 234-02-1813” printed on the back.

Standard Size Flashlights - Also included in the recall are standard sized flashlights with a black handle and an orange top. The flashlights were sold with six stencils in various colors and images: a pumpkin, ghost, spider, cat, witch and skull & cross-bones. “Flashlight with Stencil” is printed on the front and “Tien Hsing,” “Made in China” and ”234 02 1838” is printed on the back of the packaging.

The flashlights were sold in Target stores nationwide from August 2009 through September 2009 for $1 for the mini flashlights and $2.50 for the flashlights with stencils.. The products were made in China.

Consumers should immediately stop using the flashlights contact and Target at (800) 440-0680 or through Target's web site at www.target.com.

Originally posted at InjuryBoard by Mike Bryant

Why Does Discovery Need To Be Truthful?

Mike Bryant — Fri, 23 Oct 2009 23:28:00 GMT

When a case gets put into suit, there are a number of things that need to be done which are part of what is called discovery. It's both side's chance to learn more about the inside of the case. The parts are usually interrogatories or written question and answers, the exchange of documents, and depositions , which is the face to face questioning and answering of parties, experts, and other witnesses.

All of the discovery is done under oath and is a vital part of what is required to make sure the system works right. At our office, we stress the importance of making sure the answers are correct. We also understand the vital role the truth plays in the process.

What was disturbing is the information that is coming out about discovery that was done in Toyota rollover cases. We are talking about cases that have tried to a verdict, been settled , and in some cases were dismissed. One of their former attorneys, who managed the electronic documents discovery, has now claimed that Toyota destroyed engineering and testing evidence relevant in more than 300 suits over sport-utility vehicle rollover accidents.

Why did they get rid of evidence? My guess would be it wasn't because it helped their case. The question is what should be done about it? I would suspect that many courts will be reluctant to reopen long closed cases. But, with the potential fraud involved, something will have to be done. Most importantly, an example will have to be made to ensure that this never gets done again. Unfortunately, Toyota was fined $139,000 once before for these types of practices and if this is true, it apparently did no good.

Here are some great articles from members of the blog pack covering these same issues from the various perspectives:

What would a caveman bring to meet with the lawyer?, Steve Lombardi , September 15, 2009 11:00 AM

Solving Legal Problems, Being a Client, Back to the Basics, Steve Lombardi , September 15, 2009 8:48 AM

Car Accident Injury Client: What Makes the Case Good or Bad? (The Collision & Medical Care) , Rick Shapiro September 16, 2009 9:38 AM

Being a Client: More Tips To Help Improve Your Case If You've Been In An Car Accident , Devon Glass , September 17, 2009 8:39 AM

Presumed Guilty: How to Avoid Having Insult Added to Injury When You’ve Been Hurt in a Car Crash, Pierce Egerton , September 18, 2009 4:28 PM

What To Do After An Accident When The Adjuster Is There First, Mike Bryant, September 19, 2009 6:26 PM

What Questions Is The Lawyer Going To Ask Me At The Initial Interview For My Injury Or Death Case?, Wayne Parsons , 20 September 2009 12:01

What makes a case good or bad?, Steve Lombardi, 21 September 2009 12:57 PM

What To Do After An Accident When The Adjuster Has A Tape Recorder, Mike Bryant , September 23, 2009 10:01 PM

Do I have a good or a bad case?, Devon Glass, September 24, 2009

What are interrogatories and how do I answer them?, Steve Lombardi, September 29, 2009

Interrogatories: A Written Deposition , Devon Glass, September 30, 2009

How Do You Value Your Case? Mike Bryant October 03, 2009 9:29 AM

Demystifying Injury Litigation for Clients: What Are Interrogatories?, Rick Shapiro ,October 3, 2009

Do only dishonest people refuse to give a recorded statement? Steve Lombardi | October 06, 2009 10:47 AM

Demystifying Injury Litigation: What Is a Deposition and How Do I Get Ready for It? Rick Shapiro | October 21, 2009 10:34 AM

How Does An Injured Person Describe Their Injury To Doctors, Lawyers and Their Family?(2); Wayne Parsons | October 22, 2009 3:45 AM

I was in an automobile accident. What should I do? Ten Tips For Hawaii Drivers, Wayne Parsons on September 14, 2009 - 3:59 AM EST

What's the big deal with my deposition? Devon Glass, October 22, 2009

How do I know what my case is worth?, Steve Lombardi , October 24, 2009 10:06 AM

Why Is The Insurance Company So Friendly To Me?, Mike Bryant , October 25, 2009 11:39 AM

Originally posted at InjuryBoard by Mike Bryant

$200,000 Settlement For Woman Tasered While Calling 911

Mike Bryant — Wed, 23 Sep 2009 09:04:00 GMT

In fall of 2005, a woman in Golden Valley was tasered during a call to 911. Her husband had been pulled over as part of highway 394 stop and was detained. She became concerned and made the 911 call. One of the officers then approached the car and tasered her in a move to disable. She was then arrested and booked. The case was sued out in Federal court and settled this week.

Initially, the case lead to a number of questions as to what happened. The city did not admit any wrongdoing with the settlement, but $200,000 was paid. Steve Lombardi, here at the Injuryboard, has been writing about these type of cases for some time now. Spend some time reading the list of other incidents with:

On her knees and with hands up, Cincinnati Police tase Daughter of City Councilman

If the Police Believe Tasers are Safe Why is This One Blocking the Taser Camera Lens

Russian-American Texas-Policia Taser Viciously Dangerous 72-year-old Grandmama

If something like this should happen to you., see your doctor and document the names of everyone around. These type of cases can involve insurance issues concerning governmental immunities and municipal liability caps. Please keep in mind that there may be time limits within which you must commence suit.

Originally posted at InjuryBoard by Mike Bryant

Mini Strollers Recalled By Baby Jogger

Mike Bryant — Wed, 02 Sep 2009 20:36:00 GMT

The last week of August, The U.S. Consumer Product Safety Commission and Baby Jogger,LLC, of Richmond, Va., recalled 41,000 Baby Jogger City Mini Strollers. The stroller’s restraint buckle could break or unlatch allowing the child or infant to fall out.

This recall involves Baby Jogger City Mini single and double strollers. “City Mini” is printed on the stroller. Item numbers and date codes included in this recall are listed in the chart below along with stroller colors. The item number is printed on a sticker on the rear wheel crossbar. The manufacturing date code is engraved on the frame behind the rear wheel axle crossbar or on the back of the frame on the upright bar between the right rear wheel and the seat.

Item Numbers	Color	Manufacturing Date Codes
67100	Black	2007.11.1 through 2009.2.28 (Nov.1, 2007 through Feb. 28, 2009)
67102	Blue/Gray
67103	Red/Black
67104	Gray/Green
67105	Stone/Black
67109	Orange/Gray
67170	Black
67172	Blue/Gray
67173	Red/Black
67174	Gray/Green
67175	Stone/Black
67179	Orange/Gray

The strollers were sold Juvenile products stores, mass merchandisers, and department stores nationwide and on various Web sites including www.amazon.com from November 2007 through July 2009 for between $220 and $400. The products were made in China.

Consumers should immediately stop using he recalled strollers and contact Baby Jogger to receive a free replacement restraint buckle and installation instructions. Consumers can contact Baby Jogger at 877-506-2213 between 8:30 a.m. and 6 p.m. ET, email the firm at recall@babyjogger.com, or visit the firm’s Web site at www.babyjogger.com.

Originally posted at InjuryBoard by Mike Bryant

Plush Hungry Figures and Magnets Recalled By Weight Watchers

Mike Bryant — Mon, 31 Aug 2009 18:48:00 GMT

The third week of August, The U.S. Consumer Product Safety Commission and Weight Watchers Intl., of New York, N.Y. recalled 420,000 in the United States and 25,000 in Canada plush Hungry figures and Hungry magnets. Sewing needles have been found in the stuffing of the Hungry Figures, posing a puncture hazard to consumers.

The Hungry Figures and Hungry Magnets have orange plush exteriors. The Hungry Figure is about 6 inches long and the Hungry Magnet is about 4 inches long. They were sold by Weight Watchers between April 2009 and July 2009 for between $4 and $7. The products was manufactured by Shanghai Oriland Toys Co. Ltd, of China.

Consumers should immediately stop using the products and return them to Weight Watchers to receive a full refund or a credit toward the purchase of another product. Weight Watchers can be contacted toll-free at (866) 288-3891 or visit at the firm’s Web site at www.weightwatchers.com .

Originally posted at InjuryBoard by Mike Bryant