April 2009 Archives

It seems like each year car seats are recalled. Register your car seat here. The site also contains the ability for the owner to research if their car seat has been recalled for any reason from the manufacturer.

I recommend not purchasing car seats used. For one, the technology gets better each year. For another reason, you have no way of determining if the car seat has ever been involved in an accident. If the seat has been involved in a car accident the padding, foam or other safety mechanisms of the seat could be damaged, which could harm the protective abilities of the seat itself.

An international group of academic, industry and government scientists have called into question the reliability two studies relied upon by the FDA to support its announcement that BPA is safe. BPA is found in food containers, household products and baby bottles.

According to the scientists at that meeting, the author of the studies, Rochelle Tyl, has conceded that there were errors in the 2008 study, relied upon by the FDA. Interestingly, both of TYl's studies were paid for by the American Chemistry Council, a trade association for BPA makers.

See my earlier blog on this site for the article on Sunoco dropping BPA. In my opinion, this is never done out of the goodness of one's heart, it is all about marketing and increasing the profits or avoiding liability, and usually the latter. As evidenced by this article, one has to wonder if the manufacturers got a heads up about the lack of reliability of these studies????? Bottom line---- avoid products containing BPA and consider this further support for my previously expressed opinion about the FDA's inability to do its job!

Each year numerous people are injured or killed on rides at theme parks, carnivals and fairs. While many of these injuries or deaths are related to poor maintenance, an alarming number are alleged to have occurred due the design of the ride itself. In another words, the ride performed exactly as it was designed to do and the rider still became seriously injured or killed. I was alarmed when I recently read an article concerning Florida theme parks, the surprising number of injuries and lawsuits and the failure of the parks to report these injuries and deaths. I recommend reading it and thinking twice about some of those rides.

Virginia does have regulations regarding amusement rides, entitled Virginia Amusement Device Regulations. While the regulations do require the reporting of any accident involving serious injury or death to the local building department, it allows the device to be put back in operation after inspected by a private inspector or inspector of the local building department, except where the owner or operator determines the cause was not related to malfunctions or improper operation of the device. Serious injury is not defined, and the lack of a central office for reporting of these injuries, could result in poor record keeping.

The CPSC has announced a recall of these dog leashes. They were sold at Family Dollar Stores from September 2007 to August 2008. The metal clasp on the leash that attaches to the animal's collar can bend or break and detach from the collar. The reports of injuries at this point in time appear to be mild.  That said, if you have one of these leashes get rid of it or send it back for a refund.

I had a case involving a defective retractable dog leash several years ago, and the hook portion of the clasp straightened out and it came flying back into my client's eye!  She became legally blind in the eye and it was obviously a horrific experience for her. The leash had been purchased at a local dollar store, and was brand new when used. I had the hook analyzed by a metallurgist who determined that it was made of a very cheap pot metal, and for just a few cents more, the manufacturer could have made the hook extremely strong and durable. That leash was made in China.

At the time of that case, in my opinion, the best leashes were made by Flexi Leash out of Germany. Their hooks and other materials used in their leashes were of good quality, and their leashes had weight limits listed as well. I currently do not have a dog, so I have been out of the dog leash market. There now may be other leashes of equal or better quality. Check the internet and do some research before you purchase.

On March 27, 2009 a group of safety advocates and victims issued a report shedding light on the alarming problems with Utility Terrain Vehicles (UTV), and highlighting in particular the Yamaha Rhino. If anyone has seen these vehicles, they are not traditional ATVs, and to me at least, resemble golf carts on steroids. The report sets out 38 deaths, many of which are believed to have occurred in Yamaha Rhinos. These Rhinos have also accounted for catastrophic injuries including the loss of limbs and other severe injuries.

The report calls for the installation of partial doors, roll cage cushions and netting on all UTV vehicles. This is due to the high numbers of prior injuries or deaths caused by limbs or bodies exiting through openings in the vehicle due to its lack of doors, roll cages etc.

The report also requests standards for a seatbelt system, alleging that many injuries are due to the alleged defective seatbelt system on the Rhino. The report also calls for regulations regarding handling and stability, and makes recommendations specific to the Rhino. While I have not handled one of these cases yet, I have reviewed documents concerning the design of the Yamaha Rhino and I would agree, that in my opinion, the vehicle is unreasonably dangerous and defective due to its defective design, consisting of its failure to include doors on the earlier models, and its high center of gravity on a narrow wheel base, which is a recipe for a rollover. Obviously, any time your roll a vehicle of any type over, you could be injured or killed. If you own one of these vehicles, sell it or be very careful.