The Multi-District litigation (MDL) in the Yamaha Rhino rollover lawsuits continues to move forward in the Western District of Kentucky, with the products liability attorneys at Pritzker Olsen playing a central role. At the outset of the litigation, attorney Eric Hageman of Pritzker Olsen was appointed by the federal judge presiding over the Rhino MDL, Judge Jennifer B. Coffman, to serve on the Plaintiffs’ Steering Committee.

More recently, Judge Coffman issued the initial Case Management Order, setting the schedule for all of the MDL cases. As outlined in the Order, all non-expert fact discovery must be completed on cases currently in the MDL by February 1, 2010, with all discovery to be completed by April 1, 2010. If cases are not resolved via pre-trial settlement, trial of the cases will begin June 1, 2010. A proposal regarding a “comprehensive case resolution program for the MDL cases” will be made to Judge Coffman by September 30, 2009.

Even though no Rhino rollover cases have yet gone to trial, the benefits of the nationwide Rhino rollover litigation are already becoming apparent. Yamaha has seemingly acknowledged the existence of some of the very defects which are being alleged in the Rhino rollover lawsuits. The defects which make the Rhino prone to tip over and seriously injure its occupants include the following: its top-heavy design, dangerously narrow track width, high center of gravity, wheels that are too small to maintain stability, steering geometry that facilitates rollovers and tip overs even at low speeds and on flat terrain, heavy rigid steel roll cage that has no safety padding, lack of doors, leg guards, or other enclosures to protect occupants, lack of handholds or handles for passengers, and defective restraint systems. On March 31, 2009, Yamaha announced a repair program to address some of the same rollover safety defects which are being advocated in the MDL. In apparent recognition of the dangers posed by the Rhino, Yamaha has advised that consumers should not use Rhinos until the safety defects are repaired.

Pritzker Olsen attorneys will continue to play a leading role in the Rhino rollover litigation and will push for even greater safety changes on the Rhino.

To contact an attorney at Pritzker Olsen, please call 1-888-377-8900 (toll free) or submit our free consultation form.

Yamaha Rhino Rollover Information

Rhino Rollover Suit
Rhino 450 and 660 Free Repair
Yamaha Rhino Accident
Yamaha Rhino ATV Recall
Yamaha Rhino Lawsuit
Yamaha Rhino FAQ
Yamaha Rhino Recall

Labels: accident injury, Disfigurement, lawsuit, lawyer

Fisher-Price and the the U.S. Consumer Product Safety Commission (CPSC) have received a report of one child falling out of a Fisher-Price 3-in-1 high chair. In response, Fisher-Price has voluntarily recalled about 24,000 Fisher-Price 3-in-1 high chairs, specifically 3-in-1 High Chair to Booster™, which converts from a high chair to a toddler booster seat. The recalled Fisher-Price high chair includes a removable tray, height adjustment and folds for storage. The product number (P5369) is printed on the side of the seat, on a label on the seat pad, and on the product’s packaging.

Consumers should stop using the recalled 3-in-1 High Chair to Booster™ product immediately.

Below is information about the Fisher-Price high chair recall from the CPSC:

Name of product: 3-in-1 High Chairs

Units: About 24,000

Importer: Fisher-Price, of East Aurora, N.Y.

Hazard: The seat can fall backwards from high chair frame if the booster seat release is unlatched while the child is in the product. Also, the seat back can detach if not fully snapped in place, posing a fall hazard and risk of serious injury to young children.

Incidents/Injuries: The firm has received one report of a seat back detaching and child falling out, resulting in a skull fracture.

Description: This recall involves the 3-in-1 High Chair to Booster™, which converts from a high chair to a toddler booster seat. It includes a removable tray, height adjustment and folds for storage. The product number (P5369) is printed on the side of the seat, on a label on the seat pad, and on the product’s packaging.

Sold exclusively at: Target stores nationwide from December 2008 through March 2009 for about $100.

Manufactured in: Mexico

Remedy: Consumers should stop using the recalled high chairs immediately and contact Fisher-Price for instructions and a free repair kit.

If your child has been injured by a Fisher-Price high chair, please contact our law firm for a free consultation with an attorney.

Labels: accident injury, lawsuit, product liability lawyer

On October 8, 2008, the U.S. Consumer Product Safety Commission (CPSC) announced that Chance Rides Manufacturing, Inc. is recalling about 85 YO-YO amusement rides across the nation to inspect and repair the rides. The recall was prompted by two incidents involving the YO-YO ride resulting in injuries to children and adults, including scraped knees and back strains. On May 16, 2008, 23 riders of a YO-YO ride in Angels Camp, California fell to the ground when the sweep arms suspending the circular swinging chairs they were riding in broke free from the ride’s center cylinder rod.

Interesting how the amusement ride was not recalled until after the busy summer season was over. Does profit always have to come before safety?

This is particularly egregious because amusement rides are rarely (and we mean rarely if ever) inspected by any government official, local, state or federal. As to the recalled YO-YO, CPSC doesn't even have the authority to inspect inspect it because it is not a mobile amusement ride.

According to the CPSC's Directory of State Amusement Ride Safety Officials (August 2008), some states do not even have amusement ride inspection programs. This means in some states the safety of the amusement rides is left up to the owners and operators of the rides. Next time you are at an amusement park, take a look around and decide if you are comfortable with that.

If you think amusement rides need to be regulated, regularly inspected and subject to recall by the CPSC, please contact your federal legislators. However, it is possible they are too busy spending $700 billion on Wall Street to care.

If you have been injured on any amusement ride, you are welcome to contact our law firm for a free consultation. We don't have $700 billion to spend on Wall Street, and we do care.

Labels: accident injury

Deda Elementi S.r.l., of Italy has recalled Deda Forza bicycle handlebar stems because they may crack and cause the rider to fall and suffer personal injury. The following is information about the Deda Elementi recall from the U.S. Consumer Product Safety Commission (CPSC):

The U.S. Consumer Product Safety Commission, in cooperation with Deda Elementi S.r.l., of Italy, today announced a voluntary recall of certain Deda Forza Bicycle Handlebar Stems. Consumers should stop using recalled products immediately unless otherwise instructed.

Name of Product: Deda Forza Bicycle Handlebar Stems

Units: About 400

Manufacturer: Deda Elementi S.r.l., of Italy

Hazard: The top of the bicycle handlebar stem can crack and cause the rider to lose control, posing a crash hazard. [It is important to contact a bicycle accident attorney as quickly as possible after an accident. Attorney Fred Pritzker is an avid cyclist and former racer.]

Incidents/Injuries: Deda Elementi has received four reports of incidents involving the handlebar stems. No injuries have been reported.

Description: The recall involves bicycles with Deda Forza black carbon fiber handlebar stems in gloss finish. “Deda Forza” is printed on the handlebar stem. Deda Forza black carbon fiber handlebar stems in matte finish are not included in this recall.

Sold at: Bicycle retailers nationwide from January 2008 through June 2008 on bicycles selling for between $4,300 and $8,700. The handlebar stems were also sold separately for about $400.

Manufactured in: Taiwan and Italy

Remedy: [If someone has been injured due to a recalled Deda Forza Bicycle Handlebar Stems, do not repair the bicycle, replace the handlebar stem or do anything that could compromise evidence. Contact our law firm about preserving evidence in a bicycle accident case.] Consumers should stop using the bicycles equipped with the recalled Deda Forza handlebar stems and return them to the place of purchase to receive a free replacement handlebar stem.

Posted September 2008

Labels: accident injury, product liability lawyer

Glue gun burns due to a defective glue gun may give rise to a lawsuit against the manufacturer, distributor, importer, retailer and others. Dollar Tree Stores Inc. has recently recalled a potentially defective glue gun, Crafters Square Hot Melt Mini Glue Guns. Below is information on the glue gun recall from the U.S. Consumer Product Safety Commission. We are providing it here as a public service.

Glue Guns Recalled by Dollar Tree Stores Due to Fire, Burn and Shock Hazards

The U.S. Consumer Product Safety Commission, in cooperation with the firm named below, has announced a voluntary recall of the following consumer product. Consumers should stop using recalled products immediately unless otherwise instructed.

Name of Product: Crafters Square Hot Melt Mini Glue GunsUnits: About 253,000Retailer: Dollar Tree Stores Inc., of Chesapeake, Va.

Importer: Greenbrier International Inc., of Chesapeake, Va.

Hazard: The recalled glue guns can short circuit, causing the gun to smoke and catch fire. This poses fire, burn and shock hazards to consumers.

Incidents/Injuries: Dollar Tree is aware of seven incidents in which these glue guns short circuited resulting in two injuries, including electrical shock and burns.

Description: The glue guns dispense hot glue and are intended for craft projects. The recalled glue gun is black with a yellow trigger and is approximately 4 1/2 inches from the back of the gun to the tip. Attached is a 44-inch electrical cord. "Crafters Square" and product number 818261-72 or 818261-75 are located on the guns' packaging.

Manufactured in: China

Sold at: Dollar Tree, Dollar Bill$, Dollar Express, Greenbacks, Only One $1, and Deal$ stores nationwide from February 2007 through August 2007 for about $1.

Remedy: Consumers should immediately stop using the recalled glue guns and return them to the store where purchased for a full refund. [Note from PritzkerOlsen: If someone has been injured by a recalled glue gun, contact a lawyer at our law firm. It is important not to return the glue gun because it could be used as evidence in a lawsuit seeking compensation for damages related to injuries caused by the glue gun.]

Labels: accident injury, burn lawsuit, lawyer

The U.S. Consumer Product Safety Commission (CPSC) recently announced that HSN LP (previously known as Home Shopping Network), of St. Petersburg, Fla., has agreed to pay a civil penalty of $875,000. The civil penalty settles allegations that HSN LP failed to report in a timely manner, as required by federal law, serious injuries and hazards with the Welbilt Electronic Pressure Cookers.

CPSC alleged that from September 2001 through about October 2004, HSN received at least 25 reports from consumers indicating that the pressure cookers contained a defect that could create a substantial product hazard or that the pressure cookers created an unreasonable risk of serious injury. CPSC alleged that HSN failed to immediately report this information as required by the Consumer Product Safety Act, 15 U.S.C. Sec. 2064(b), which requires manufacturers, distributors and retailers to immediately report to CPSC information about products that could create a substantial risk of injury to the public or that create an unreasonable risk of serious injury or death. Failure to provide the information immediately is a prohibited act under the Consumer Product Safety Act, 15 U.S.C. Sec 2068(a)(4).

In agreeing to settle this matter, HSN denied CPSC’s allegations that it violated the Consumer Product Safety Act.

The Welbilt Electronic Pressure Cookers were recalled in June of 2005, four years after HSN received the first report from consumers indicating that the pressure cookers contained a defect that could create a substantial product hazard or that the pressure cookers created an unreasonable risk of serious injury.

Posted January 2008.

Labels: accident injury

Manufacturers, distributors, and sellers of children’s products—including jewelry, toys and candy—are making, distributing and selling products with lead. They are putting our children at risk for lead poisoning. The devastating effects of lead poisoning to children are well documented:

• Young children under the age of six are especially vulnerable to lead's harmful health effects, because their brains and central nervous system are still being formed. For them, even very low levels of exposure can result in reduced IQ, learning disabilities, attention deficit disorders, behavioral problems, stunted growth, impaired hearing, and kidney damage. (National Safety Council)
  
• At high levels of exposure, a child may become mentally retarded, fall into a coma, and even die from lead poisoning. (National Safety Council)
  
• Lead exposure has been tied to ADHD, a neurological condition that affects a child’s ability to focus on tasks and complete them (MedlinePlus)

Learn More

Labels: accident injury, product liability lawyer