Defective Products

July 30, 2010

Social Networking Security Issues

With over 350 million MySpace and Facebook users, it is important to understand that there are criminals in these virtual cities. So, we all must protect ourselves. Here are some fast facts.

When you invite others such as friends of friends or everyone to participate in your wall, messages, invitations, photos and any other open information may allow access to private information for criminals. Limit your social networking profiles to friends,

Hackers can gain unauthorized access to a site’s underlying coding which may breach the security in the platform. In doing so, your security may be compromised.

July 23, 2010

Dietary Supplements Recalls, Totaling 62 Products

by Burton A. Padove

Sixty two dietary supplement products have been removed from the nationwide and international market following an investigation uncovering that the supplements contain steroid or steroid-like substances that were not approved by the FDA. The recalling firm is Bodybuilding.Com, Meridian, ID. The recall began in November 2009 and is still ongoing, including:

D-DROL capsules, D-Drol Complex 52.5 mg,
Bergamottin 25 mg

July 16, 2010

Baseball Spectators Beware!

by Burton A. Padove

Baseball spectators beware! If you are hit by a foul ball at a baseball game, whether you were attempting to catch it or simply distracted by a conversation with another fan, it is unlikely that anyone will be held liable for your injury or responsible for your medical bills and damages. For more than 50 years, courts have consistently held that being hit with a foul ball while in the stands is an inherent risk of attending a baseball game such that the stadium owner, stadium operator, or even the batter will not be legally responsible if you are hit due to such an inherent risk.

Although the game of baseball arguably has remained pretty much the same during its existence, the fan experience is evolving at a rapid pace. Teams throughout the country are attempting to market the experience not just as a game, but also rather as a family-friendly EVENT. With this marketing plan comes an increase things such as mascot presence, promotional activities such as t-shirt tosses, and picnic areas for before and during a game to name a few. Many of these “family-friendly” activities cause spectators to become distracted and take attention away from the action on the field. Some of these family activities may take place even before the game has started or outside the stands.

In theory, a court should be more likely to find an owner/operator liable for an injury due to a foul ball or homerun when the injury happens outside the stands or while the fan is distracted by a family-friendly activity. However, courts are inconsistent when it comes to unique situations such as these. Therefore, it is best as a spectator to be aware that baseballs can ALWAYS leave the playing field even when you least expect it. Even a shattered baseball bat can leave the field of play and cause a devastating injury.

July 8, 2010

Child Restraint Seats Recall

by Burton A. Padove

Child restraint systems sold by Dorel, Eddie Bauer and Costco have been part of recalls for failure of the system to meet safety regulations. There are numerous types and models that are a part of the recall so it’s best to go to the manufacturer’s website and locate your model to find out if the system is a part of a recall. In the meantime, here are some tips.

Purchase Child Restraint Seats That Have Been on the Market for Five Years!

In numerous cases, product defect that cause safety hazards are not identified until the product is sued by mainstream society. So, waiting until the product has completely saturated the market will allow for unknown defects to be discovered and repaired before you purchase your product. Make certain that the plastic on the product has not expired which may elevate the risk for injury.

June 29, 2010

McDonald’s Cup Recall: Cadmium Risk

by Burton A. Padove

If you have a Shrek Forever After 3D” Collectable Drinking Glass from McDonald’s that you have purchased, stop using the cup immediately because it has recently been linked to a cadmium risk. The cup was manufactured by ARC International, of Millville, NJ and distributed by McDonald’s. There were 12 million cups made.

There have not been any injuries reported to date. However, the designs on the glass contain cadmium and long term cadmium exposure is associated with health risks. Medicla condtinos that have been linked to cadmium poisoning include: skin death, renal disease and an increased risk of osteoporosis.

The recalled cup is a 16 ounce glass that comes in four different designs including: Shrek, Fiona, Puss n’ Boots, and Donkey. The cups were available in McDonald’s restaurants nationwide from May of 2010 to June 2010 for a purchase price of roughly $2.00.

June 25, 2010

Dodge Caliber, Grand Caravans, Jeeps and Chrysler Town & Country Minivans Recalled

by Burton A. Padove

Over 335,000 vehicles have been a topic of discussion as subjects in the latest vehicle recall. This reinforces the idea that no vehicle is immune to the possibility of a recall. Though, the risk of a recall is less after the vehicle has been on the market for five years or more. This is because the masses have used the vehicles for a long time period, providing ample time for risks not discovered during the design or production process to be discovered and repaired. The most recent risks are:

The Dodge Caliber and Jeep Compass have been known to create a risk for a sticky pedal that may result in an accident, injury or death. The 2008 and 2009 Dodge Grand Caravans and Chrysler Town & Country Minivans are also part of the recall. These vehicles are associated with risk of fire due to an improperly routed wiring harness which may short circuit. There is another defect in the affected Crystal vehicles. In some vehicles, the front inner fender liner may inadvertently rub against the brake lines, resulting in the risk of a brake line leak, break failure and a crash.

Injury Reports

June 14, 2010

Food Manufacturers under Fire

by Burton A. Padove

Food manufacturers have specific regulations they must follow when providing information on their labels about the contents of their food. Twenty two food manufacturers have recently violated regulations provided in the Federal Food, Drug, and Cosmetic Act. The crux of the violations include the manufacturers providing information to consumers that falsely identifies the food as being healthy or offering health benefits. There were also false claims made by the manufacturers about the nutritional value of the product. This is why the recall was put into place for twenty two food products.

The FDA has determined that violations surrounding the disclosure of false nutritional content and health benefits pose a risk for consumers in light of the prevalence of obesity and diet related diseases. The FDA is developing guidelines for labeling of food products to better inform consumers about caloric and nutritional ingredients that are beneficial for health and those that pose a risk to health.

Food labeling helps people to make the appropriate food choices. Over 40 million people are obese and a good majority of the U.S. population is overweight. As people have become more conscientious about food, they have come to rely on the information provided on food labels. The violations related to mislabeling by the twenty two food manufacturers can actually pose health risks for people that relied on the product for that reason.

June 14, 2010

Recall Due to Fire Risk from Kuuma Stow and Go Barbecue Grills

by Burton A. Padove

Kuuma Stow and Go barbecue grills were reported to cause three fires and minor burns on the hands of victims that were using the barbecue grill. The reported injuries prompted the recall of nearly 5000 grills in the U.S. market. Eastwind Industries, Inc., the manufacturer, cited that propane tanks in Model number 83726 may leak fuel if the fuel container is not fully threaded onto the regulator during installation. This grill recall is only one example of the many product recalls that take place every year.

Manufacturers are responsible to design products in a way that safeguards against risks such as a fire hazard. If the manufacturer is unable to guard against a risk in the development of the product, the manufacturer must display a warning about the risk associated with the product on the product label. Each year, hundreds of products are recalled because the risk associated with the product is not identified until the product hits the mainstream market and injuries occur. Then, the recall is announced. In some cases thereafter, the product manufacturer redesigns the product to meet safety requirements or adds a warning to the product label. In some cases, the recalled product is banned from the U.S. market.

Eastwind conducted the recall in cooperation with the U.S. Consumer Product Safety Commission. The Kuuma Stow and Go Grills, made in Thailand, were sold in U.S. nationwide stores from January through August 2009. Eastwind has made available new instructions for the installation of the barbecue grill parts and will provide a new tool to use when cleaning the fuel system. This remedy is considered acceptable at this time, according to Consumer Product Safety Standards.

June 7, 2010

Toyota Verdict Out and Sienna Mini Vans In

by Burton A. Padove

Toyota has agreed to pay $16 million in penalties after the government contended that Toyota knowingly refrained from disclosing the sticky gas pedal defect to the public and did not take action to protect the public from harm. Toyota’s agreement does not mean that the company admits to wrongdoing. However, the company accepted the $16 million penalty within a 24 hour time period. The next legal cases will be those of people that were injured or died because of the sticky gas pedal. Personal injury lawyers are preparing their legal cases against Toyota nationwide. In fact, over 150 lawyers recently gathered in San Diego to bring attention to the high number of reports of people injured by Toyota’s sticky gas pedal. Lawyers may contend that Toyota committed fraud and racketeering in a conspiracy to mislead the government and consumers. People that have been injured because of a sticky gas pedal on a Toyota vehicle may be entitled to financial compensation for their injuries, including: lost wages, medical expenses and pain and suffering. Toyota owners that have lost value in their vehicles because of the extensive recalls may also be entitled to financial compensation.

The Latest Recall: Sienna Mini Vans

Toyota Sienna Mini Vans (1998-2010), totaling 600,000 vehicles, were the latest Toyota recall Toyota model to come to the forefront. The reason for the recall relates to the risk that the spare tire carrier cable can corrode following exposure to road salts. This poses a risk that the cable will fail, leading to the spare tire dismounting from the minivan and a possible car accident. The Sienna Mini Vans are added to the millions of other Toyota vehicles that have been recalled since October of 2009.

March 8, 2010

Cardiac Defibrillator Recall

by Burton A. Padove

Cardiac defibrillators can be faulty at times and such is the case with Cardiac Science’s automated external defibrillator. The manufacturer of the medical device has discovered a flaw in the design of the defibrillator which can lead to the inability to resuscitate an individual in need. Over 12,000 of the defibrillators have been recalled due to the defect in design. People using the defibrillator may feel protected from harm because they are using the medical device, but this is a false impression in light of the defect. The defective models include:

Powerheart 9300A, 9300E, 9300P, 9390A, 9390E
CardioVive 92532