Missouri Injury Lawyer Blog

Toyota announced news this week that made a major impression on Missouri car crash lawyers like me, as well as drivers and auto dealers around the U.S. As the Columbia Daily Tribune reported Jan. 27, Toyota has asked local auto dealers around North America to stop selling the eight vehicle models involved in its latest recall. That recall, of 2.3 million vehicles, addresses reports of sudden and unintentional acceleration in late-model Toyotas. The automaker originally blamed the problem on floor mats that were installed incorrectly and recalled 4.3 million vehicles to replace the mats. In the newest recall, it says flaws in the accelerator pedal cause the pedal to “stick” open.

During the original recall, some safety experts expressed doubts that floor mats were the cause of the unintended acceleration. Rather, they suggested that the problem could lie with the “drive by wire” system, which uses a computer rather than a lever to relate pressure on the accelerator pedal to the engine. Toyota denies this, and the newest recall doesn’t have to do with the computer system. Rather, the automaker says parts of the pedal can wear down and catch, opening the throttle. Toyota asked drivers with recalled vehicles to continue driving unless they feel that the accelerator pedal is slow to move or moves poorly. However, all of those drivers will be eligible for repair or replacement pedals when Toyota devises a solution, which is expected to be soon. A full list of the models involved in both recalls is available from the Los Angeles Times, and a Toyota press release about the recall is available here.

As a southern Illinois auto accident lawyer, I am pleased that Toyota is taking action on this problem. However, it’s disturbing to realize that by initiating the second recall, Toyota is reversing its previous stance that accelerator pedals are not the problem. If the automaker was wrong about that -- unintentionally or not -- what’s to stop it from being wrong about the driver-by-wire system as well? That is an important question, because the drive-by-wire system is installed in far more Toyota (and Lexus) vehicles than just the eight involved in the current recall. If Toyota is intentionally hiding important safety information just because it hurts sales, it’s putting millions of North Americans at risk of death or life-changing disabilities. Not only is this ethically unsound, but it could put the automaker on the wrong side of multiple defective auto part lawsuits.

Continue reading "Toyota Motor Company Stops Selling Certain Models as Part of Safety Recall" »

Posted by Carey, Danis & Lowe | Permalink | Email This Post

Posted In: Auto Accidents , Product Liability

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As a Missouri personal injury attorney, I wrote a while back about a recall of a major brand of strollers. Parents got a new issue to worry about Jan. 19 when the U.S. Consumer Product Safety Commission announced a recall of 635,000 cribs because of strangulation and suffocation hazards. An article from CNNMoney.com said Dorel Asia SRL is recalling the drop-side cribs because the hardware holding up the drop side can detach, creating holes that can entrap and strangle a child. Babies can also get caught in the slats of the crib if a slat is damaged, the article said, posing another strangulation risk. This applies to stationary cribs as well as drop-side models.

Dorel Asia and the CPSC have received 31 reports altogether of the sides detaching from the crib. Those incidents caused six entrapments and three injuries as well as the death of a six-month-old boy in Cedar Rapids, Iowa. In that case, the drop-side hardware broke and the parents tried to fix it themselves. The company and regulators have also received 36 reports of broken slats, which led to cuts and bruises for seven children and entrapment for two. The company stressed that the death was unusual, but safety officials are asking parents to stop using the cribs right away and request a repair kit at the company’s Web site or by calling 1-866-762-2304. The recalled cribs were sold at Wal-Mart, Sears and K-Mart for $120 to $700, depending on the model.

As a St. Louis personal injury lawyer, I hope parents notice this recall and take quick action. Like all manufacturers, baby product manufacturers are legally obligated to make sure their products are safe before they reach the market. If they fail, they are legally liable for any injuries that result. This is particularly important with baby products, because babies are literally helpless. Defective products affect people of every age, but because babies can’t call for help, product defects can kill them before parents even notice something is wrong. Replacing or repairing a crib may be expensive, but it’s nothing compared to the possibility of losing a child.

Continue reading "Federal Government Announces Recall of Cribs After Iowa Child Dies" »

Posted by Carey, Danis & Lowe | Permalink | Email This Post

Posted In: Product Liability

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As a Missouri personal injury attorney, I was disturbed to see a report in the St. Louis Post-Dispatch about a nursing home closed because of health violations. According to the Jan. 13 article, the Whispering Oaks residential care home was evacuated Jan. 11 after its pipes froze, causing toilets to back up and flood human waste onto the floors. Twenty-nine residents had to be moved, mainly to other facilities in St. Louis and Ferguson. St. Louis County officials said the home could be reopened as soon as the sanitation problem is addressed and water is restored. However, a spokesperson for Missouri Attorney General Chris Koster said state law enforcement will investigate separately.

Whispering Oaks has 70 beds for patients with diagnoses including schizophrenia, depression, mental retardation and diabetes. At least one resident said he liked the facility because it gave him a relatively high degree of independence. However, it also has a long record of health and safety violations. Past violations include dirty restrooms and kitchen; improper handling and administration of medication; a drunken fight between residents; and a cat using a potted plant as a litterbox. In one incident, a resident fell from a ladder while trying to repair a roof gutter and needed stitches for a cut in his leg. The resident said owner Naren Chaganti asked him to do the job, but Chaganti denied this. The state is already investigating the facility because of a September report that its drinking water was not up to standards.

As a St. Louis personal injury lawyer, I hope the state is thorough in its investigation of this facility, because nursing home residents deserve all the protection we can give them. Many nursing homes are caring and well-run facilities, but a few each year are revealed as unsanitary, understaffed or even abusive. Nursing home residents aren’t always able to speak out against bad conditions or ask for help, often because of the same problems that landed them in a home in the first place. That means abuse and neglect can go unnoticed for months, until an accident like this one makes the problems impossible to hide. By then, residents may have suffered serious harm that requires hospitalization, including dehydration or bedsores; infections from unsanitary conditions; improper medication and more.

Continue reading "State Will Investigate St. Louis Nursing Home Closed for Violations" »

Posted by Carey, Danis & Lowe | Permalink | Email This Post

Posted In: Personal Injury

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A recent article in the St. Louis Post-Dispatch touched on a subject important to Missouri head injury attorneys like me. According to the Jan. 5 article, the family of a boy who fell from playground equipment at the City Museum has settled a lawsuit against the museum under confidential terms. Gavin Kirk was 10 when he fell from the museum’s outdoor jungle gym and hit his head. His mother, Michelle Kirk, said MRI tests showed that he suffered brain damage from the incident. The settlement came during jury selection for a trial in the case, which was expected to take a week and start Jan. 4.

The City Museum is an unusual mix of playground, museum and activity center for kids. The article said the Kirks were visiting from Lawrence, Kansas in 2006 when the accident happened. Gavin was climbing on the outdoor jungle gym, but climbed farther than he was supposed to and fell. He spent four days in the hospital. The article did not say whether the accident had permanent effects, although Michelle Kirk did say that Gavin suffered some permanent damage. An expert witness in the case estimated his lifetime damages, for medical care and other costs, at $400,000. The family’s lawsuit argued that the museum should have taken clearer steps to protect children from this type of accident, such as erecting signs to show where climbing isn’t permitted. A museum co-founder said it’s no more dangerous than a playground and that visitors should be sensible as they play.

As a St. Louis brain injury lawyer, I agree that museum visitors have an obligation to take reasonable care. But in an environment like this one, in which children are encouraged to climb and play, it’s not difficult to predict that kids might climb too far. Under Missouri (and Illinois) state law, everyone who invites the public onto their property must make sure visitors aren’t subjected to unreasonable or predictable hazards. That means cleaning up slippery spills, providing handrails on stairs and posting signs warning visitors of risks that can’t be taken away. If they fail to take these precautions, property operators are exposed to lawsuits like this one, from anyone who is hurt as a result of that failure. In most cases, this means slips and falls -- but as Gavin Kirk’s case shows, falls and slips can have very serious results.

Continue reading "City Museum Settles With Family of Boy Who Suffered Brain Damage in Fall" »

Posted by Carey, Danis & Lowe | Permalink | Email This Post

Posted In: Brain Injuries

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