Products Liability

Published on: March 1, 2010

Syracuse New York Toyota Gas Pedal Accident Lawyers Comment On Unintended Acceleration Lawsuit Liability

Over the past few months, the Syracuse New York product liability lawyers of Bottar Law, PLLC, have fielded many calls seeking our help to investigate whether a Toyota gas pedal defect was responsible for a car accident.

Initially, Toyota told the public that gas pedals jammed by defective floor mats were causing accidents and recommended that more than 3,800,000 Toyota owners remove their floor mats to prevent injury. Upon further investigation, Toyota announced that accidents were also being caused by sticky gas pedals and recommended that owners have their cars serviced so that the pedals could be modified. Recalls then soared to 8,000,000 vehicles. Even so, many Toyota critics believe that Toyota has not gone far enough to remedy safety problems with much of its product line. Many still suggest that the real problem is rooted in Toyota’s electronics.

It is hard to tell whether Toyota’s efforts are genuine. According to a recent press release, Toyota may have saved as much as $100,000,000.00 by negotiating with the National Highway Traffic Safety Administration officials in an effort to gloss over safety defects in many models and prevent massive Toyota recalls due to unintended acceleration. Apparently, Toyota considered its ability to focus NHTSA attention on floor mats, rather than on the gas pedals, to be a “win” for the Toyota “safety group.” Toyota’s “win,” as reduced to writing, was presented to the House Committee on Oversight and Government Reform for review.

While Toyota’s future is uncertain, your future may include a lawsuit against the auto giant if you were severely injured while driving a Toyota that experienced unintended acceleration. You may also wish to pursue a lawsuit if you were severely injured while a passenger in a Toyota that experienced unintended acceleration.
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Published on: February 17, 2010

Pull-A-Long Child Toy Recall Lawyers On Liability For Unsafe Products Sold To Syracuse Children Who May Choke

By Bottar Law, PLLC

The United States Consumer Product Safety Commission recently announced a recall by the manufacturer of Pull-A-Long Friends Toucan, Pull-A-Long Friends Alligator and Pull-A-Long Friends Sharky. According to Syracuse New York dangerous toy lawyers Bottar Law, PLLC, the child toys may present a choking hazard if wooden parts break loose. The relevant lot codes are: 210720GB (Toucan), 210750GB (Alligator) and 210530GB (Sharky).

While kids toys are much safer than in years past, thousands of children are still injured every year while playing with a toy that did not perform as intended, such as when a part breaks off and is swallowed (causing choking), when a tail or attachment is too long and wraps around a child’s neck (making it difficulty for a child to breathe), or when lead paint or other potentially toxic coatings chip and are inhaled or ingested by an infant (causing poisoning).

While we are not aware of any manufacturers that intentionally create and sell dangerous products, mistakes do happen. In the majority of cases, dangerous toys are the result of a bad design or poor quality control. Recent toy recalls can be found here.
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Published on: May 12, 2009

Unsafe Products Sold In Syracuse Recalled By FDA

By Bottar Law, PLLC

Several different brands of children’s face paints have been recalled due to “adverse reactions.” The paints were recalled following a release from the Food and Drug Administration, which reported complaints of rashes, irritation and swelling where the paints were applied to children’s faces. According to reports, the paints contained high yeast and mold counts.

Fun Express, Inc., recalled the paints. Fun Express is a wholly owned subsidiary of Oriental Trading Co. The paints were made in China by Shanghai Color Art Stationery Company, Ltd. The recalled product numbers are:

85/2077 (blue)
85/2078 (purple)
85/2079 (red)
85/2080 (orange)
85/2081 (black)
85/2082 (green)
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Published on: May 11, 2009

Syracuse Motorcycle Defect Trial Begins For Permanently Disabled Amputee

By Bottar Law, PLLC

A product liability trial arising out of an alleged custom motorcycle defect begins today in the United States District Court for the Northern District of New York. The plaintiff’s claims against the defendant, a California-based company with a worldwide distribution network, include defective design, defective manufacturing, inadequate warnings, breach of warranty and negligence. The Honorable David E. Peebles, United States Magistrate Court Judge, will preside over the trial, which is expected to last two weeks.

The plaintiff in the lawsuit captioned Marcus J. (Marc) Mathews v. Big Bear American Made Choppers, Inc. (Case No.: 5:04-cv-1206), is a forty year old resident of Solvay, New York. He is represented by Anthony S. Bottar and Michael A. Bottar, of the Syracuse, New York law firm of Bottar Law, PLLC.

According to the complaint, on June 13, 2004, the plaintiff was riding his three month old Venom ProStreet motorcycle in Alton, New Hampshire when the front fender assembly failed causing the nearly 10 pound fender to come into contact with and lock the front tire of the motorcycle. The plaintiff then lost control of the motorcycle, crashed into another motorcycle, and was thrown into a ravine where he sustained severe arm and leg injuries. After more than two years of surgeries, the plaintiff’s right leg was amputated above the knee.

According to court records, the Alton Police Department, with assistance from New Hampshire State Troopers, conducted an investigation after the accident which revealed that two of the four ¼”-20 screws intended to hold the motorcycle’s front fender to the bike had fallen out prior to the accident. Eye witness accounts, a tire imprint on the underside of the front fender, and a distinct skid signature left on the roadway led the police to conclude that a defect in the motorcycle caused the accident.

After three years of discovery, the plaintiff’s attorneys claim that Big Bear American Made Choppers had actual or constructive notice, more than one year prior to the plaintiff’s accident, that the method it selected to attach the Venom’s front fender to its lower legs was inadequate.
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Published on: May 5, 2009

Jefferson County Truck Driver Injured In Tire Explosion Under OSHA Investigation

By Bottar Law, PLLC

An M&T truck driver was critically injured yesterday when a tractor trailer tire burst and struck him in the face and head. According to the Watertown Daily Times, the driver was waiting at the M&T garage while a mechanic filled the tire to 120 pounds and, following OSHA guidelines, placed the tire in a cage for approximately two hours. After the tire was removed from the cage, but before it was placed on the tractor trailer, the driver re-checked the pressure. At that time, the tire exploded. The driver, who was knocked unconscious in the explosion, was transported by South Jefferson Ambulance to Upstate Hospital in Syracuse where he is receiving treatment for head and face injuries.

Police believe that the tire exploded because the bead around the rim of the tire had not sealed. The accident is under investigation by the Occupational Safety and Health Administration (OSHA).

According to the National Highway Transportation and Safety Administration, more than five hundred non-crash related car fatalities occur each year. The number nine cause of death on the list is tire explosions. Also on the list are carbon monoxide poisoning, vehicle fires, hyperthermia, hypothermia, vehicle window asphyxia, electrocution, and drowning.
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Published on: May 4, 2009

Syracuse Product Liability Lawsuit Filed Against ObTape Manufacturer

By Bottar Law, PLLC

A Syracuse woman has filed a product liability lawsuit against Mentor Corporation, the manufacturer of ObTape – intended to combat stress urinary incontinence. Her doctor suggested that she undergo a simple procedure to plug the leak by surgically inserting a “sling” under her urethra.

After the procedure, the leakage stopped. However, the woman began experiencing a bloody vaginal discharge. It turns out that the discharge was caused by the sling, composed of a mesh-like material, was working its way through her vaginal wall. Since the sling penetrated the vaginal wall, the woman has undergone five operation to remove small pieces of the sling. Future surgery will be necessary.

Mentor Corporation was recently acquired by Johnson & Johnson. According to Mentor’s attorney, as reported in the New York Times, “[i]t’s very unfortunate when anyone reports a complication. That being said, these are complications that are well known, that patients are warned about, and are inherent to a surgical procedure that has helped thousands and thousands of people live a better life.”

Hundreds of adverse events associated with ObTape have been reported and lawsuits are cropping up around the country. Many experts believe that the ObTape sling was too dense and that it was rushed trough the F.D.A. approval process.
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Published on: May 2, 2009

Albany New York Senator Introduces Safe Baby Products Act To Reduce Dangerous Bath Toxins

By Bottar Law, PLLC

New York State Senator Kirsten Gillibrand introduced legislation on Wednesday to protect Syracuse babies, and young children throughout the State of New York. The legislation, titled the Safe Baby Products Act, is intended to combat toxins and carcinogens in common products used on children, including shampoo and lotion. A recent report suggests that dozens of bath products, perhaps including those produced by Johnson & Johnson, may contain cancer-causing agents such as 1,4 dioxane and formaldehyde.

The Safe Baby Products Act will assist the Food and Drug Administration with investigations into chemicals found in foods and products. The results of the those investigations will also be public. According to Albany-based Gillibrand, “[t]he good news is we don’t know they’re bad yet. All we know is that they have trace amounts of these chemicals that are known probable human carcinogens and irritants, and so we need to have the FDA do the test and tell us, are these levels safe, are these products safe, and do we have to worry.”

Under the Safe Baby Products Act, if a product is deemed unsafe, the FDA will have the power to create manufacturing guidelines to prevent dangerous products from harming young children.
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Published on: May 1, 2009

Syracuse Product Injury Alert – Botox Boxed Warning Label Ordered By FDA

By Bottar Law, PLLC

The Food and Drug Administration announced on Thursday to doctors around the country, including those purchasing and administering Botox in Syracuse and Central New York, that stronger product injury warnings must accompany Botox.

The FDA has instructed producers of Botox to ensure that boxes of the neurotoxin warn of the risk of side effects which may spread far beyond intended paralysis at an injection site, including difficulty breathing, trouble swallowing and blurred vision. Since 1997, there have been more than 650 adverse reactions to Botox, including 16 deaths.

A black box warning is the FDA’s strongest warning and is intended to signify a significant risk of danger. Like it sounds, a black box warning is contained within a black box. White text contrasts with the black box to ensure maximum visibility. Products that must have a black box warning and risk evaluation and mitigation strategy include: Botox, (botulinum toxin type A), Botox Cosmetic (botulinum toxin type A), Myobloc (botulinum toxin type B), and Dysport (abobutulinum toxin A).
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