Toyota has taken a beating in the press for handing the unintended acceleration problem poorly. It has issued two recalls, blaming the problem first on floor mats and then on accelerator pedals, sending mixed messages. Furthermore, evidence has emerged that the automaker had received at least 2,000 complaints over the past decade, and knew about the pedal problem nearly three years ago. Legal experts in the Reuters article said this could form the basis of a claim that Toyota failed to warn drivers about the problem in a timely manner, in addition to a possible claim about a design defect. If Toyota is found liable in this type of claim, they said, it could owe its customers billions of dollars because of the seriousness of the claims and the sheer number of affected vehicles.

Reuters reported that four of the claims alone were filed on Jan. 29, and given that at least 19 people have died because of unintended acceleration, more are almost certainly coming. As a St. Louis auto accident lawyer, I think it’s only a matter of time before we hear about claims filed locally. There’s evidence that, at the very least, Toyota was slow to respond to the problem. At worst, the automaker could face charges that it actively tried to cover up the problem by blaming it on easily fixed mechanical parts rather than its expensive and complicated computerized accelerator system. You may remember the movie Fight Club, in which a major automaker decided whether to recall products based on whether it would cost more to fix the problem or settle lawsuits from families of people who died. This was based on a real memo put out by Ford in 1968. If we find that Toyota used similar math to calculate the value of human lives, it could take such a beating in court that it may never recover financially.

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.

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.

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.

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.

Lead paint on toys is a problem because lead can poison developing children who ingest or inhale it over time. Lead interferes with the body’s absorption of minerals necessary for health and development, such as iron, calcium and zinc. In children with chronic lead poisoning, this leads to irreversible damage to the central nervous system, causing learning and developmental disabilities, aggression, hyperactivity, emotional control problems, loss of short-term memory and more. These effects are thought to be irreversible in children, which is why public health efforts focus strongly on prevention. RC2 recalled 1.7 million units of the Thomas & Friends toys for lead paint in 2007. The CPSC’s fine was so high because it believes the company knew its toys didn’t meet standards but sold them anyway.

As a southern Illinois defective product lawyer, I hope the CPSC is wrong -- but I wouldn’t be surprised if it was right. You may recall that 2007 and 2008 saw multiple recalls of toys with lead paint, many of them made in China. At that time, media reports explained that Chinese-made products are cheaper, but Chinese safety standards are relaxed and easily broken. This allows U.S. companies to make their products overseas for very cheap, but their products may not meet basic safety standards in our country. An unscrupulous company might be happy to make that trade-off if profit is its only goal. Unfortunately, the series of lead recalls showed that too many companies either did not pay attention to this issue or cynically chose to place profits over the safety of small children.

Lead paint on toys is a problem because lead can poison developing children who ingest or inhale it over time. Lead interferes with the body’s absorption of minerals necessary for health and development, such as iron, calcium and zinc. In children with chronic lead poisoning, this leads to irreversible damage to the central nervous system, causing learning and developmental disabilities, aggression, hyperactivity, emotional control problems, loss of short-term memory and more. These effects are thought to be irreversible in children, which is why public health efforts focus strongly on prevention. RC2 recalled 1.7 million units of the Thomas & Friends toys for lead paint in 2007. The CPSC’s fine was so high because it believes the company knew its toys didn’t meet standards but sold them anyway.

As a southern Illinois defective product lawyer, I hope the CPSC is wrong -- but I wouldn’t be surprised if it was right. You may recall that 2007 and 2008 saw multiple recalls of toys with lead paint, many of them made in China. At that time, media reports explained that Chinese-made products are cheaper, but Chinese safety standards are relaxed and easily broken. This allows U.S. companies to make their products overseas for very cheap, but their products may not meet basic safety standards in our country. An unscrupulous company might be happy to make that trade-off if profit is its only goal. Unfortunately, the series of lead recalls showed that too many companies either did not pay attention to this issue or cynically chose to place profits over the safety of small children.

The accident occurred just after midnight on Sunday. According to the News-Democrat, Floyd’s bus left the road, traveled through the parking lot of a tire store and over a chain link fence before hitting the Willefords’ side porch. Other media sources reported that Floyd fell asleep behind the wheel, though that explanation was not given in the newspaper. Police are still investigating and have not said whether they plan to file charges. Six of the home’s eight residents were home at the time, including homeowner June Willeford. She told the News-Democrat that after the crash, she heard her son screaming in the basement about what turned out to be a cut lip from flying debris. No one else was hurt, but the damage was significant enough that the family turned the power off for safety reasons and relocated to the Drury Inn in Collinsville.

I’m pleased that nobody was hurt. But as a St. Louis motor vehicle crash attorney, I know that expenses in a crash like this can add up quickly, even without the added expense of medical bills. A motel stay for eight people is likely to cost well over $100 a night. The family will also have to rebuild the affected walls and structural supports, a task that’s likely to include electrical work. These costs can add up quickly for ordinary people. Homeowners’ insurance may cover the costs -- but even if it does not, legal responsibility for the crash almost certainly lies with the bus driver who caused it and his transit agency. (Employers are generally held responsible for the actions of employees who were performing employment duties during an accident.) That means that the family may be able to recover compensation from them for all these costs and others, through an auto accident lawsuit.

The ban on texting by drivers under 21 allows exceptions for medical or roadway emergencies, reporting crimes and emergency responders acting as part of their jobs. The bills the Legislature will consider next year would continue those exceptions, but for drivers of all ages. One measure would also allow texting on private and public gravel roads. Sen. Ryan McKenna, D-Crystal City, said he plans to file a bill to ban texting and driving after he nearly drove off the highway while texting. He called the practice “a bad idea at any age.” The National Conference of State Legislatures reports that in 2010, more than half of states will have a ban on texting by at least some drivers; 18 states will have a universal texting ban. The Missouri Department of Transportation has already banned texting and driving on the job by employees and supports a universal ban for Missouri drivers.

As a Missouri car crash lawyer, I agree completely. As a spokeswoman for MoDOT implied in the article, texting takes the driver’s eyes and attention away from the road, where they belong. In fact, a Virginia Tech Transportation Institute study found that truck drivers took their eyes off the road for as long as five seconds while texting. That was enough time, the study said, for a semi truck traveling at highway speeds to cross the length of a football field. While texting is certainly not the only distraction for drivers, it’s one of the fastest-growing distractions and one that not enough drivers take seriously until they have a close call -- or a crash. A ban on texting is one way to reduce the wrongful deaths and catastrophic injuries that will surely result -- preferably followed by vigorous enforcement and public education campaigns.

The danger of window cords is so well established that the CPSC lists them among the top five dangers in the home. The agency estimates that one child a month dies by strangling in window coverings, and a spokesman said that manufacturers have recalled five million window treatments in the past few months. The problem stems from the cords that connect blind slats as well as the cords used to operate window treatments. Young children who don’t understand the danger can easily become entangled in the blind cords. Once they are, they are often unable to cry for help, which means adults in the next room may not notice until it’s too late. The CPSC has issued at least three safety alerts in the past, as well as two retrofitting programs in cooperation with the Window Covering Safety Council, an industry group. Unfortunately, those retrofitting programs did not always eliminate the danger, and the window covering industry did not stop making products with dangerous cords.

I hope this most recent safety alert changes that trend. Window blind strangulation accidents are easily preventable, yet we lose one American child a month this way. Parents certainly can and should take action of their own to prevent strangulation accidents, but manufacturers could easily fix the problem in newer treatments by changing their designs to eliminate loops and make strings hard for toddlers to reach. Like all manufacturers, window treatment manufacturers have a legal responsibility to offer only products that are safe to use for their intended purpose. When products don’t measure up, and someone is killed or seriously injured as a result, victims have the right to sue the manufacturer for all of the costs and damages the shoddy product caused. As a Missouri dangerous window covering attorney, I have handled numerous such cases on behalf of families who lost children or suffered serious injuries because of dangerous miniblinds.

Under dram shop laws, businesses that serve alcohol are legally responsible for not serving any more alcohol to someone who is already visibly intoxicated. That was the charge against the bar in the Klocke family’s lawsuit. Adcock allegedly spent 30 to 60 minutes at another establishment, then moved to the bar for several more hours. Klocke had just lost her grandmother and wanted to visit a girlfriend, so a friend arranged a ride for her on the back of Adcock’s motorcycle. Witnesses testified that Adcock did not appear intoxicated, but after the crash, a blood test indicated that he had a blood-alcohol concentration of 0.15, nearly twice the legal limit of 0.08.

I’m sorry that this young woman’s family will see such a dramatic reduction in their damages -- but I’m glad the jury sent a message that enabling drunk driving is not acceptable. As a Missouri drunk driving accident lawyer, I help clients hold drunk drivers (rather than bars and restaurants) legally responsible for causing catastrophic traffic accidents. As all drivers must realize by now, drinking and driving kills, by impairing drivers’ judgment, vision, motor skills and even consciousness. This puts not only the drunk drivers themselves, but all of the motorists around them, at an unnecessary and unacceptable risk. That’s especially worth remembering right now, because the holiday season means more drivers in Missouri and Illinois are likely to have been drinking at parties or family gatherings.

The recall covers every Maclaren stroller sold in the United States since 1999, which comes out to about a million strollers from several lines. According to the Post, about half of those strollers were sold after Maclaren learned about the problem through a lawsuit filed by a Connecticut woman whose toddler lost his right pinky. Jane DeWinter was at a store, testing the one-handed folding and unfolding mechanism offered by Maclaren, when her 23-month-old son Carlos stuck his hand in the hinge. Despite two surgeries, doctors couldn’t reattach the finger. A safety engineer testified at the DeWinters’ trial that the scissor-like hinge design violates federal safety guidelines for children’s products. He also said Maclaren had a legal obligation to report the incident to the federal government. According to the Post, the manufacturer did not report the flaw, setting it up for a potential $1 million in fines.

The newspaper said that Maclaren argued that the DeWinters’ accident was the mother’s own fault for failing to watch her son’s hands. As a St. Louis product defects attorney, I can confirm that consumers do have a legal obligation to take reasonable care to avoid foreseeable dangers in products. However, this doesn’t excuse manufacturers from knowingly designing children’s products that are not safe to use around children. It’s not news that children young enough to be in strollers are not very sophisticated about the dangers of hinges, electricity, small objects and other things adults use regularly. That’s why federal law requires no choking hazards in toys for children under a certain age, and why we don’t hold children responsible for failing to avoid dangers that are obvious to adults. It’s not hard to foresee that a scissor-like hinge within grabbing distance might pose a threat to small children, especially if it’s designed to be opened and closed one-handed -- inviting use by distracted, busy adults.

Since 2001, the Times said, more than 1,000 vehicle owners have reported unintended acceleration events to Toyota or to federal regulators at the National Highway Traffic Safety Administration. The complaints triggered eight investigations, which ultimately ended in two recalls affecting a combined total of 85,000 vehicles. However, the Times charged, NHTSA and Toyota officials responsible for investigating safety problems systematically excluded numerous reports because of how they were written, or because reports didn’t match the agencies’ ideas about how the vehicles performed. This made the problem look much smaller than some say it actually is, the newspaper said. As a result, a serious safety problem that may have existed as early as the 2001 model year is only now being addressed.

For example, the NHTSA threw out reports in which owners didn’t speculate on the cause of the problem. The agency also discarded incident reports saying that brakes didn’t stop the vehicle, because its official position is that brakes always overcome engines. Toyota itself, in reports submitted to the NHTSA, excluded reports of acceleration lasting more than a few seconds because it believed its vehicle design made this impossible. Selective exclusions like these allowed the NHTSA to close at least five investigations for “not enough reported problems.” This included an investigation of Lexus vehicles in which the agency discarded 36 out of 37 reports. The newspaper included several anecdotes from Toyota and Lexus owners who experienced the problems firsthand, including a retired engineer who lost his wife of 46 years when his 2005 Camry accelerated over a cliff in central California.

As a St. Louis car crash attorney, I am concerned about what this could mean for the millions of Toyota owners in Missouri and southern Illinois, and around the United States. If federal regulators failed to thoroughly investigate this problem -- whether the problem was intentional or not -- they may have left millions of people exposed to these extremely dangerous acceleration accidents. In fact, if problems with the vehicles’ on-board computers or mechanics are the real culprit, rather than floor mats, nearly every late-model Toyota and Lexus is impossible to make safe without extensive retrofitting. That means millions of Americans are exposed to deadly accidents that strike at random times, and regardless of how safe the driver might be. It also means that Toyota and Lexus owners may need to garage their vehicles in order to avoid catastrophic crashes, an expensive and inconvenient proposition.

The driver’s license suspension is officially separate from the DWI case against an allegedly drunk driver. Drivers may defend themselves in the criminal case, but they can also appeal the one-year license suspension in civil court. Many drivers do so, which requires an attorney to represent the DOR in the case. Unfortunately, the DOR does not have enough attorneys to handle every case; county prosecutors are typically brought in as substitutes. And those prosecutors often tell the court to that drivers should keep their licenses, in exchange for guilty pleas in the underlying DWI cases -- an act that the Post-Dispatch describes as “giving up.” Records reported by the newspaper found that prosecutors in St. Louis city and county allowed test refuses to keep their licenses in about half of all cases between July of 2008 and July of 2009. Statewide, that rate was 8% -- but after including cases reported as outright losses in court, it was 50%.

This type of plea deal was extended to driver William Downs in 2007 after he was arrested for DWI and refused a breath or blood test. He had been arrested twice before for drug crimes and his live-in girlfriend had called to complain that he had stolen her painkillers. However, when it was time for his license suspension case, St. Charles County prosecutors told the court that he should keep his license, in exchange for a guilty plea and a promise to get addiction testing. Three weeks later, Downs took drugs, climbed into his pickup truck and drove down Interstate 70, where he rear-ended a smaller pickup driven by Charles Fullhage, an agricultural engineering professor at the University of Missouri. Fullhage died, and Downs is now in prison.

As a St. Louis auto accident lawyer, I’m disappointed that Missouri is letting so many drunk drivers slip through the cracks. As the article points out, part of the problem can be attributed to funding -- DOR attorneys have a much higher rate of license suspensions, but the state hasn’t provided money to hire more. But just as importantly, prosecutors shouldn’t, and shouldn’t be able to, use license suspensions as part of plea bargains in the supposedly separate DWI cases. In other states with automatic license suspension, even an acquittal of the drunk driving charge won’t necessarily save the driver’s license. Until Missouri is willing to change its laws, its spending or both, we may pay the price in lives.

In fact, the estimated 2009 numbers for January through June show a 7% drop from the same months in 2008. That year saw an impressive 10% decline over 2007, continuing a trend that started in the second quarter of 2006. This is the longest period of successive declines in traffic fatalities since the agency began keeping fatality records in 1975. The NHTSA’s briefs do not speculate about reasons for the decline, but the brief did note that 2008 was a leap year, and saw 95 traffic fatalities during its extra day. Perhaps more importantly, the brief noted that vehicle miles traveled declined overall in the first half of 2009, by about 0.4%, including a 1.7% decline in the first quarter. Fatalities per 100 million vehicle miles traveled, which is considered a more accurate measure than pure numbers, dropped from 1.23 in the first half of 2008 to 1.15 in the first half of 2009.

As a St. Louis car crash lawyer, I’m pleased to see that we’re maintaining this decline in auto accidents. The decline in overall vehicle miles traveled suggests that the decline in fatalities may stem from people’s choices to simply drive less, possibly because of the price of gasoline. But the accident rate per 100 million VMT shows that even if they did drive less, they got into fewer fatal accidents when they did drive. That’s great news, because car accidents are one of the most common and preventable causes of death in America. The leading cause of accidental death, according to the CDC, and the leading cause of death overall for Americans under 34. That means a prolonged decline in fatal accidents is great news for nearly everyone.