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Defective Products: Product Recalls

Southlake Woman Killed When Her Toyota Corolla Went Out of Control. Meanwhile, Toyota Tells Congress Its Vehicles Are Safe.
March 01, 2010

While Toyota continues to assure Congress and the world that its vehicles are safe, police in Southlake, Texas are investigating another fatal collision involving a Toyota Corolla that killed Waynoka Ricord (77) of Southlake. Texas. On Sunday, February 28, 2010, as Ms. Ricord was driving home from work, her car veered off the road and hit a tree, bounced off and hit a second tree. Police have not had sufficient time to determine whether the crash is related to the recent recall problems that have been linked with so many Toyota vehicles. While the Corolla involved in this wreck was not on the list of vehicle recalls announced by Toyota, many critics of Toyota have been alleging that the scope of Toyota's recall is too limited and is not covering all of the vehicles affected.Waynoka Ricord. She died early Sunday at Baylor Regional Medical Center at Grapevine shortly after the wreck.

As far back as 2004, government investigators were looking at 2002-2003 Toyota Camrys and Solaras and Lexus ES 300s to determine whether they were defective, gathering information about 37 owner complaints of sudden acceleration, according to the Center for Auto Safety.

Last week, during Congressional hearings, James Lentz, president and chief operating officer of Toyota Motor Sales, U.S.A., Inc. testified, "We are confident that no problems exist with the electronic throttle-control system in our vehicles." Lentz claimed Toyota conducted extensive testing of the system's fail-safe mechanisms. But under questioning from Henry Waxman, Mr. Lentz conceded he was "not totally" certain that Toyota had fixed the problem. To safeguard against further occurrences, the company said it would install brake-override systems in its new North American vehicles by the end of year, and that Toyota would retrofit older models where possible.

Toyota's failure to include a brake override system in its design has been widely criticized, especitally since over vehicle manufacturers foresaw the need for this safety design and included a brake override system in their vehicles. The brake override systems allow a driver to stop a car with the footbrake even if the accelerator is depressed and the vehicle is running at full throttle. "If the brake and the accelerator are in an argument, the brake wins," a spokesman at Chrysler said in describing the systems, which it began installing in 2003. Likewise, Volkswagen, Audi, BMW and Mercedes-Benz have also installed such systems in their cars as far back as 10 years ago. In addition, General Motors installs brake override in all of its cars in which it is possible for the engine at full throttle to overwhelm the brakes. "Most other automakers have adopted this technology," said Sean Kane, a former researcher at the Center for Auto Safety who now works at Safety Research and Strategies. Not adding the systems "is one of the mistakes that created this perfect storm for Toyota." However, Toyota did not respond to questions about its decisions not to include a brake override as part of the design of its vehicles.

The following year models have been added to the list of vehicles which will receive brake override upgrade: 2005-2010 Tacoma, 2009-2010 Venza and 2008-2010 Sequoia. Toyota previously announced that the system would be installed onto the 2007-2010 Camry, 2005-2010 Avalon, and the 2007-2010 Lexus ES 350, 2006-2010 IS 350 and 2006-2010 IS 250 models. The brake override feature is not an integral part of the recall remedy, but is instead being added as an extra measure of confidence for Toyota owners. It will be installed on Tacoma and Venza at the same time as the recall modifications are performed.

Meanwhile, owners of Toyota vehicles are still finding it difficult to determine how they should respond to all of the safety concerns concerning Toyota vehicles. Representative Edolphus Towns, Democrat of New York, is trying to force Toyota to extend to all owners of Toyota vehicles the same type of protections that the New York attorney general, Andrew M. Cuomo, was able to get for citizens of New York. As part of that settlement, Toyota agreed that it would pick up cars and trucks at the homes of drivers, pay for out-of-pocket transportation costs and offer drivers free rental cars during repairs.

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How Important Is Safety to Toyota?
February 23, 2010

How important is safety at Toyota? According to a document sent to a U.S. congressional committee investigating Toyota and its handling of the recent disclosure defects with so many of the Toyota line of vehicles, Toyota Motor Corporation was able to saved $100 million by "negotiating" recalls of its vehicles. According to internal Toyota documents, Toyota executives described their ability to negotiate around recalls as "Wins for Toyota." Toyota was able reduce or to delay the effect of proposed rules on roofs, door locks and protection in side-impact crashes, according to the document that was turned over to the House Committee on Oversight and Government Reform and obtained yesterday. By delaying the rules, Toyota was credited with saving about $135 million. Yet Toyota continues to claim "Our first priority is the safety of our customers and to conclude otherwise on the basis of one internal presentation is wrong. Our values have always been to put the customer first and ensure the highest levels of safety and quality."

In contrast, over the past few years, when owners of Toyota vehicles complained about unwanted acceleration, Rep. Bart Stupak, D-Mich. said Toyota representatives "commonly responded ... by concluding that the events the consumer described could not have happened." Stupak also accused Lentz of misleading the public in television interviews in which he said Toyota studied the problem and the cause was the sticky pedals and floor mats. He said experts interviewed by the committee demonstrated that the report used an extremely small sample that would not get to the root of the problem. One of the primary authors of the Exponent report said they did not examine any vehicles or components that had the unintended accelerations.

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Toyota's Internal Documents

Toyota's internal documents reveal:

Toyota saved $100 million referring to a 2007 investigation in which Toyota recalled 55,000 vehicles, including Camry and Lexus ES cars, citing the potential for floor mats to trap accelerator pedals, after an investigation by the National Highway Traffic Safety Administration.

Toyota was able to avoid investigations of the Tacoma pickup for rust as well as resolve a labeling recall without civil penalties, saving approximately $20 million in "buybacks."

Toyota saved thousands of hours of labor by delaying NHTSA's revamped consumer ratings, the New Car Assessment Program, according to the document. The program grades new models on a five-star scale based on how well they fare in crash tests.

Federal Grand Jury Supoena Issued to Toyota

As if Toyota was not already in enough trouble, a federal grand jury in the Southern District of New York issued a subpoena that requested Toyota and its units produce documents related to unintended acceleration of Toyota vehicles and the braking system of the Prius, the automaker said in a regulatory filing to the SEC. This new development of being subpoened by a federal grand jury has far reaching implications. There is no doubt that it will create issues for Toyota executives who are scheduled to testify at hearings Tuesday and Wednesday. Not only is the subpoena an indication that Toyota may face large civil penalties and fines for the automaker, but that the United States government may even decide to issue criminal indictments against Toyota executives. Even a carefully crafted apology could be used against the company or the executive in a criminal trial.

Further, considering the scope of the problems Toyota has been dealing with and the public outrage, lawmakers are likely to press for direct answers to specific questions and to be unsatisfied if executives refuse to answer questions by asserting their Fifth Amendment rights. For example, Rep. Bart Stupak, D-Mich., who will run Tuesday's hearing, said documents and interviews demonstrate that the company relied on a flawed engineering report and resisted efforts to link Toyota's electronics to the problems with unintended acceleration in an effort to reassure the public that it found the answer to the problem and that the problem was limited in scope. In a letter to Toyota, Stupak said a review of consumer complaints shows company personnel identified sticking pedals or floor mats as the cause of only 16 percent of the unintended acceleration reports and that approximately 70 percent of the acceleration incidents in Toyota's customer call database involved vehicles that are not subject to the 2009 and 2010 floor mat and "sticky pedal" recalls leading Stupak to the conclusion that Toyota was not being up-front in its disclosures to the public or the handling of the problem.

SEC INVESTIGATION

In addition, the SEC is also beginning an investigation of Toyota and whether or not Toyota complied with SEC regulations since its stock is publicly traded. Quinn Gillespie & Associates, a prominent lobbying firm, meanwhile, said it had stopped representing Toyota because of a conflict that posed with another client. Quinn Gillespie officials would not identify the other client, but an auto industry official speaking on condition of anonymity to reveal private information said it was State Farm, the giant auto insurer that told federal regulators in 2004 and 2007 about reports of unexpected acceleration in some Toyotas.

It is not clear what laws Toyota might have broken. While the subpoena would specify why prosecutors sought company documents, Toyota would not comment beyond its disclosure with the SEC. Likewise, a spokeswoman with the U.S. Attorney's Office for the Southern District of New York declined to comment, saying it does not confirm or deny its investigations as a matter of policy.

The Politics Behind the Scene

As we mentioned in our previous post, it will be interesting to watch how the politics of this situation play out. Clearly there are safety issues involved, yet some political figures appear to be more concerned with the financial gains they or their constituents receive from doing business with Toyota than with the safety of Americans. Texas Governor Rick Perry is among those who seem to be more concerned with the business impact of Toyota than with the safety concerns over Toyota vehicles and whether Toyota is telling the truth to its customers and to the government. Last week, Rick Perry commented that ,"It does sometimes appear, however, that the negative news is being encouraged by plaintiffs' trial lawyers, union activists and those interested in cutting into Toyota's market share." This approach is not atypical as according to government documents, Toyota has been steadily increasing its lobbying efforts to obtain favorable legislation and treatment. For example, 10 years ago, Toyota spent $685,684 on Washington lobbying as compared to 2009 when it spent $5.2 million.

Stay tuned. We are sure that the hearings this week will definitely lead to more questions about Toyota's handling of this crisis.

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The Politics Behind The Toyota Problems
February 18, 2010

There is no doubt Toyota is deep in a crisis and is not only facing a public relations nightmare, but also probably a long line legal problems over the widespread recalls of its vehicles over the past couple of months. However, not everyone wants to hold Toyota accountable for its actions that have been linked to numerous deaths and injuries.

While the safety of the public should be the primary concern and focus of everyone involved, Texas Governor Rick Perry appears to be less focused on safety and holding the car manufacturer responsible for its actions than he is in the financial gain the state generates through its relationship with Toyota. In a letter sent this week to Texas Congressman Joe Barton of Ennis, the ranking Republican member of the Energy and Commerce Committee - called for lawmakers to keep in mind next week when company officials testify before the committee the thousands of Texas families "whose economic livelihoods depend on Toyota, ... and to consider the integral role the Japanese automaker plays in the Texas economy." Discounting the need to protect the public from a manufacturer that may have known for years that its product was defective and dangerous and was linked to deadly accidents, Rick Perry commented that ,"It does sometimes appear, however, that the negative news is being encouraged by plaintiffs' trial lawyers, union activists and those interested in cutting into Toyota's market share."

Hopefully, when the hearings take place next week, members of Congress will be more focused on finding the truth, protecting the American public, and holding Toyota accountable for its actions than they are in protecting Toyota's profits.

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More Recalls From Toyota, and More Deaths Linked to Toyota Vehicles
February 16, 2010

According to the most recent data from the National Highway Traffic Safety Administration, at least 34 people have died in accidents involving Toyota Motor Corp. vehicles that allegedly accelerated out of control in the past decade. This is a dramatic increase in the number of deaths originally believed to be linked to the unintended accelleration issues since the time that the "sticky" gas pedals have become so well publicized. This number includes at least 13 more that have been reported since January 27, 2010, the day after Toyota ordered a sales and production halt of eight models in the U.S. to fix gas pedals that it said can stick and cause unintended acceleration. To make matters worse, the number is likely to continue to increase as an analysis of the data shows that all but one of the newly reported deaths occurred years prior to the 2010 recall -- some as far back as 1992. Most of the incidents occurred between 2003 and 2009. Noting the increased fatality total, Clarence Ditlow, executive director of the Center for Auto Safety in Washington, said "We are going to go over 100 without a doubt," Ditlow said. "The only question is what is the true number because many fatalities don't get attributed to sudden acceleration, especially as you go further back in time before people were paying attention to Toyota."

In addition to the fatalities, federal regulators said 22 people reported injuries from unintended acceleration accidents involving Toyota vehicles, which ranged from cuts and bruises to a woman left in acoma.

Nonetheless, the jump in reported fatalities in its vehicles marks another troubling development for Toyota, which has been furiously attempting to reassure the public about its commitment to safety in the wake of the recent recalls.


Toyota, for its part, has not released data from its own internal complaint files on accidents, injuries or deaths alleged to stem from unintended acceleration. The automaker has declined to state how many complaints of the problem have been filed, but in general databases held by manufacturers are orders of magnitude larger than NHTSA's.

A Bigger Problem Than The Recalls Reveal

Even scarier for consumers of Toyota vehicles is that the NHTSA data show that many of the fatality reports involved Toyota models that were not included in any recalls. For example,

  • a fatal crash on Oct. 13, 2009, in New Hampshire involved a 2005 Highlander, which has not been recalled. Toyota has issued recalls only on 2008-2010 Highlanders.According to the NHTSA complaint, the car hit a vehicle head-on, killing four people. "Believe car had uncontrolled acceleration," said the complaint, which was filed Jan. 27.
  • In addition, the data show complaints alleging fatalities involving a Scion tC, and a Lexus GS, neither of which models are included in the recalls. No Scion models have been named in any of the recalls.
  • Nearly all the sudden acceleration-related fatality complaints on file for Toyota affect vehicles manufactured since the 2002 model year. Only five such allegations are included in vehicles produced prior to that time, the oldest a 1988 Camry that crashed into a brick wall.
  • The majority of fatalities were in Camry and Lexus ES vehicles, which are built on the same platform and share many components. Both vehicles are subject to the floor mat recall.
  • A complaint of an August 2008 accident in Chicago alleges that the driver of a Lexus ES 330 had removed the floor mats from the vehicle the morning of a sudden acceleration incident than ended with the sedan striking and killing a pedestrian prior to passing through a fence and into a concrete pillar. According to the complaint, Toyota wrote the driver on Sept. 22, 2008, stating "that the car was operating properly."
  • Another complaint detailed a 2004 crash in Indiana that took the life of a female driver whose 2003 Camry surged out of control and smashed into a building. The vehicle had less than 7,000 miles on it. A handwritten notation on the complaint, filed shortly after the accident, said "throttle stuck -- engine surged." Paramedics arriving on the scene, the complaint said, "found the driver with both feet still on the brake pedal."

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MORE PROBLEMS AND MORE RECALLS ANNOUNCED BY TOYOTA
February 09, 2010

Toyota CEO and president said that Toyota feels ashamed about the recent recalls of its vehicles now affecting nearly nine million cars.

Prius and Lexus Brake Recall

The most recent recall involves 437,000 Prius and Lexus 2010 hybrid models with a software glitch that affects the brakes, Toyota president Akio Toyoda acknowledged that "people think we were slow to respond." The first recall announced Tuesday related to a software problem that controls the antilock braking system includes the 2010 model Prius and Lexus HS250h in North America. Toyota spokesperson Ririko Takeuchi said that 155,000 vehicles will be recalled in North America including 139,000 3rd generation Prius and 16,000 Lexus models. In Japan, four hybrid models will be recalled - the 2010 Prius, the Prius Plug-in Hybrid, the Sai model sold in Japan and the Lexus HS250h. The latter three models were introduced in the country last year.

Camry Brake Recall

In its second recall in one day, Toyota announced Tuesday that it plans to recall just over 7,300 2010 Camrys for a brake defect. The problem, if not fixed, could result in leaking brake fluid, and make it more difficult for a driver to stop the car. The issue with the Camrys, according to documents filed with the National Highway Traffic Safety Administration, is a power steering hose that is too long and can rub up against a tube for the left rear brake. That could cause the brake tube to wear through, leading to a leak of brake fluid. Toyota says the problem was discovered during an inspection and it hasn't seen evidence of this happening on the road. The automaker says that Camry owners will get recall notices in mid-March and that all fixes should be done by the end of March.

Corolla Steering Complaints Being Investigated

Also today, NHTSA said it is reviewing a number of complaints about the steering on 2009-2010 Toyota Corollas. In a statement, the government said this is standard procedure with complaints and that as of yet, no official investigation has been opened.

Sticking Gas Pedals and Floor Mat Problems

Toyota is still dealing with its recall of more than 7 million vehicles in the United States in recent months to address what it acknowledges are two acceleration-related issues:

1. Reports of uncontrolled acceleration in its cars, and

2. Gas pedals that can stick or fail to spring back properly.

Since 2003, the company has received reports of more than 2,000 accidents and 19 deaths tied to the acceleration problem. The recall affects the following vehicles:

  • 2007-2010 model year Toyota Camry,
  • 2004-2009 Toyota Prius,
  • 2005-2010 Toyota Avalon,
  • 2005-2010 Tacoma,
  • 2007-2010 Toyota Tundra,
  • 2007-2010 Lexus ES 350 and
  • 2006-2010 Lexus IS 250 and IS 350.

Congressional Investigation

Toyota is not getting a free ride from Congress on its slow response to this defect. NHTSA and Congressional investigators want to know why the Japanese car company waited at least a month to inform its customers and government agencies of the braking problem, well after it had introduced a fix to the software in cars being manufactured.

Still dodging the questions, Toyota's CEO told reporters he "did not recall the exact month and day" when the company first learned of the brake problem with the Prius, only indicating that Toyota was aware of the problem sometime "this year." Meanwhile, at the press conference, Toyota president Akio Toyoda was asked if his company had withheld safety information from U.S. regulators. Toyoda answered in Japanese. "As a company, our intention is to sincerely give 100 percent cooperation," said Toyoda. "We want to make our best effort to deal with this matter for our customers' security and safety." ABC News reported Thursday that former government regulators working for Toyota in the U.S. had met and negotiated with government safety officials prior to investigations of safety issues with Toyota, and that the ensuing investigations were very narrow in scope. A former Toyota lawyer also told ABC News that the automaker had tried to hide safety problems from consumers, which Toyota denies.

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TOYOTA EXPECTED TO ISSUE RECALL ON ITS PRIUS HYBRIDS DUE TO BRAKE FAILURES
February 04, 2010

Still struggling to get control of the unintended accelleration problems with its Toyota and Lexus vehicles, Toyota is now dealing with reports that its 2010 Prius hybrid vehicles have a defective braking system.

Reports of the brake failures appeared as early as August when Japan's Land and Transport Ministry began receiving reports from drivers who had experienced brake failure while driving their Priuses over bumpy roads or on slippery surfaces. Toyota is currently investigating a total of 85 complaints relating to incidents in which Prius brakes have intermittently stopped working. Toyota also admitted yesterday that there were 13 more incidents that had arisen over the past two months which was a "greater than usual" number of reported incidents.

The problem with the brakes is being described by some as a complete failure of the brakes to engage for a period of time, perhaps as long as a few seconds, even though the operator has the brake pedal fully depressed. Toyota's investigation into the Prius brakes is thought to be focused on the computer that links together the two separate braking systems at the heart of the model's groundbreaking hybrid technology. The car is slowed down by a combination of traditional mechanical brakes and the electromagnetic resistance that recharges the batteries. The fact that problem may be in the design of the electrical system is important as the technology was developed and designed by Toyota itself and not its suppliers. As a result, Toyota will be hard pressed to blame its suppliers for the brake failures in the way it is trying to do with the problems it is having with its other vehicles that are experiencing unintended accelleration issues.

Toyota's handling of this defect issue with the Prius as well as the defects with its other models involving unintended accelleration issues are calling into question Toyota's credibility and the quality of its products. Toyota is being criticized for developing a corporate mentality of denying responsibility and responding slowly to safety issues to avoid negative publicity, and trying to blame the problems of unintended accelleration on its suppliers of component parts.

While Toyota is not ready to admit that its Prius vehicles have a brake defect, saying last week that it was "still confirming the facts" surrounding the brake failure claims, Toyota's actions appear to be inconsistent with that statement. For over a month, Toyota has been modifying its production lines to address the brake problem. For over a month, Toyota has been fixing the problem with new vehicles before they are sold. In addition, the company has been providing emergency fixes for Japanese Prius owners who have complained of brake troubles. However, Toyota has not notified its customers who own the affected vehicles of the reports of brake failure problems or issued any recall notices yet.

Toyota, is holding a press conference about the brakes today, but Toyota has not announced whether it has decided to issue a recall of Priuses. Toyota is obviously feeling pressure to do something in light of all of its recent public black eye. The US Transportation Secretary, Ray LaHood, said that he planned to call Akio Toyoda, the Toyota President, "and explain to him that this is serious business". Meanwhile, Masayuki Naoshima, the Japanese Minister for Trade, summoned Toyota's head of quality control, Shinichi Sasaki, to a meeting last night. Mr Naoshima later said: "there is a small computer inside the brake and Toyota is making adjustments and improvements."

While Toyota is considering what steps it is willing to take, the real issue needs to be the focus on customer safety.

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Federal Lawsuit Alleges Toyota Concealed Safety Information and that the Current Recall Needs to Cover More Vehicles
February 01, 2010

Federal class action lawsuit has been filed in Charleston, West Virginia claiming Toyota's massive recall is not large enough in scope to cover all of the affected vehicles. The lawsuit claims that other models have faulty electronic throttle systems that might cause unwanted acceleration.

The Charleston lawsuit, filed in November, names 13 models dating back to 2002 for the Toyota Camry and 1998 for Lexus vehicles that have an electronic throttle-control system, or ETCS, which allegedly has "a dangerous propensity to suddenly accelerate without driver input and against the intentions of the driver."

Moreover, when reports of incidents caused by unwanted acceleration led to an investigation by the NHTSA in 2004, the information provided by Toyota officials was limited in scope so as to exclude incidents that lasted longer than one second or where the driver couldn't stop the unwanted surge by applying the brake, according to the lawsuit.

The lawsuit alleges "Toyota, through [Toyota Motor North America], deceptively concealed from NHTSA as well as from the news media and consumer safety groups that monitor NHTSA safety defect investigations, an entire universe of potentially relevant customer complaints," the lawsuit states.

In addition to those, the lawsuit alleges, several other models and years are at risk:

  • 2007-08 FJ Cruisers,
  • 2003-08 Tacoma pickups,
  • 2002-09 Camrys,
  • 2000-09 Tundra pickups,
  • 2001-09 4Runner SUVs,
  • 2001-09 Land Cruisers,
  • 2005-09 RAV4s,
  • 2001-09 Sequoias,
  • 2004-09 Siennas,
  • 2005-09 Corollas, and
  • 2004-09 Highlanders.
  • "Lexus models" from 1998 to 2009 also are listed.

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Starbucks Recalls Glass Water Bottles That Have Been Shattering
February 01, 2010

Coffee giant Starbuck is recalling its 20 ounce clear water bottles that have the words "Glass Water Bottle" printed on the bottle. There have been reports of injuries when the glass stoppers and the bottles themselves have shattering. As a result, there is a safety risk of lacerations to consumers. The bottles sold for about $9.00 at Starbucks and Target.

The specific product has an SKU number 11003503.

To view a picture of the water bottle go to www.cpsc.gov/cpscpub/prerel/prhtml10/10125.html

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TOYOTA FINALLY ADMITS TO DEFECT, BUT RECALL IS LIKELY TO HAVE LONG TERM IMPLICATIONS
February 01, 2010

For months, Toyota denied its vehicles were defective. Even after an October, 2009 statement from the National Highway Traffic Safety Administration (NHTSA) forced a recall of Toyota and Lexus vehicles because it found that the vehicles have an "underlying defect" that involves the design of the accelerator pedal and the driver's foot well, Toyota continued to deny the existence of a defect. Toyota Motor Corp. was challenging NHTSA's claims of a defect as being "inaccurate and misleading" statements. In fact, as late as October, Toyota was asserting that no defect existed in the 3.8 million vehicles it recalled.

Now, Toyota is telling a different story, but itsinitial response and denials of defects is leading to criticism of Toyota. Toyota has recalled more than 7 million vehicles in the United States in recent months to address what it acknowledges are two acceleration-related issues:

  1. Reports of uncontrolled acceleration in its cars, and
  2. Gas pedals that can stick or fail to spring back properly.

Jim Lentz, CEO of Toyota, denies that Toyota dragged its feet on the gas pedal issues, but has acknowledged that Toyota had a technical report in October 2009 regarding the issue, around the same time that Toyota was claiming NHTSA's claims of defects were inaccurate and misleading. The first recall was announced in late September and the second on January 21, 2010 and admitted that, "We've been investigating this for a long time."

Toyota Denies Other Causes for Uncontrolled Accelleration

Considering Toyota's original denial of any defect, it is no wonder why many people are skeptical about Toyota's new claims that it is completely confident it has solved this problem.

Lentz denied that the uncontrolled acceleration issues are linked to problems with electronic sensors. Toyota vehicles utilize a drive-by-wire acceleration system in which pressure on the gas pedal sends an electronic signal to the throttle. Lentz talked on the Today Show and said we [Toyota] have tested the electronics and are convinced that the electronic are not the problem, that the problem is with the accellerator. Lentz claims Toyota is completely confident that we have a fix for that. Between those two things (the sticking accellerator and the floor mats), this will be under control.

Congressional Hearings Scheduled

Two Congressional panels will hold hearings this month on how Toyota and the National Highway Traffic Safety Administration handled hundreds of reports in recent years of unintended acceleration in Toyota vehicles -- more than any other automaker, according to U.S. government records.

Current List of Affected Vehicles

The recall affects the following vehicles:

  • 2007-2010 model year Toyota Camry,
  • 2004-2009 Toyota Prius,
  • 2005-2010 Toyota Avalon,
  • 2005-2010 Tacoma,
  • 2007-2010 Toyota Tundra,
  • 2007-2010 Lexus ES 350 and
  • 2006-2010 Lexus IS 250 and IS 350.

Working On A Fix

Toyota announced that parts are being shipped to dealers to repair the sticking accellerators, and that customers will be mailed notices later this week. However, Lentz did not have a good answer for what customers should do while they wait for the company to mail out recall notices and for the dealerships to train their employees on how to handle the millions of vehicles that will be the subject of the recall. Previously, Toyota told customers to pull the floor mat out. This morning, Lentz said the problem with the sticky pedal "comes on over time." He urged people whose "gas pedals either don't feel smooth when they're pressed or are slow to return to contact their dealer." However, the dealerships have not yet been trained on how to fix the problem and they do not have the parts needed to fix the problem.

Toyota Is Not Agreeing to Put Its Customers In a Rental Car Until the Problems Are Fixed. 

Hopefully, Toyota is correct about the source of the problem. However, for customers who own and drive an affected vehicle, there is little short term comfort in the news of a forthcoming recall as those customers will still be forced to make a decision about whether it is safe to drive their vehicle while they wait for their fix. Based upon statements from Jim Lentz during his interview on the Today Show, Toyota is not willing to agree, or to at least announce publicly, that it will reimburse its customers for rental car expenses while they wait for their vehicle to be "fixed."

Used Car Values

Even if this problem is addressed, the consumer is likely to lose in the end. For years, Toyota vehicles enjoyed a reputation as being a good investment because the vehicles retained a high value in the used car industry. However, with the damage to the Toyota brand, and the risk of a possibly recurring safety issue, customers are not likely to be able to sell their vehicles for anything close to what they could have just a few months ago. In addition, the news is bad even for those owners of a Toyota or Lexis vehicles affected by the recall that do not plan to sell their vehicle in the short term. Those owners have to hope that their vehicle is not involved in an accident that renders the vehicle a total loss as insurance companies are likely to reduce the value they are willing to pay for the damage to the vehicle as a result of this recall and the loss of the reputation for Toyota and Lexis vehicles much the same way that insurers have done for owners of Saturn and Saab vehicles over the past few months. Moreover, the long term damage to the reputation of Toyota vehicles may impact the value of used Toyota and Lexis vehicles for years to come.

Long Term Implications for Toyota

If Toyota's confidence turns out to be misplace, there is no telling how devastating the effects will be for Toyota. Toyota Motor Corp.'s recalls and sales stoppages is estimated to have cost the company around $1 billion. However, it is the long-term damage to its brand and reputation that is at stake, not to mention the safety of its customers. If evidence reveals that the uncontrolled accelleration issues are linked to the electronics in the vehicle as some are saying, one would expect that additional incidents will continue to occur and that more people will be injured or killed because those issues are not being addressed.

In the meantime, analysts believe Toyota will be forced to spend a small fortune on advertising, sales incentives and possible legal bills. In the previous fiscal year ended March 31, 2009, it spent 389.2 billion yen, a 20% decline year-to-year as the company scaled back spending amid the global economic downturn.

Automotive Lease Guide, a Santa Barbara, California-based company tracking the residual value of cars and brand values, believes Toyota's perceived quality score could fall 20%, leading to a 4% drop in the residual value of its cars, if it doesn't resolve the situation quickly and without further recalls. Toyota may have to put aside more reserves if the value of autos coming off leases declines. A fall in residual value also decreases the amount of money consumers get at trade-in or when they try to resell a used car.

While Toyota hasn't disclosed the impact from the production and sales halt, along with related recalls in Europe and China, the company's market value has dropped 18%, or 2.55 trillion yen, ($28.2 billion) since it issued a second recall for the sudden acceleration problems on January 21, 2010. Kurt Sanger, car analyst at Deutsche Bank in Tokyo, says Toyota has halted production on about 60% of its North American manufacturing capacity and the sales stoppage of eight models could cost the company up to 18,600 units of sales per week. Mr. Sanger estimates that the direct costs to Toyota from the recall and factory stoppage are in the 50 billion yen to 60 billion yen range. With indirect costs factored in, including paying for rent-a-car costs and subsidizing dealers for inventory they can no longer sell, the total cost for Toyota could be 100 billion yen. However, those estimates don't even include less tangible factors like a weaker brand image, litigation risk and possible increase in advertising expenses.

Koji Endo, analyst at Tokyo-based research firm Advanced Research Japan, says he thinks the sales suspension could last for a month, resulting in a sales loss of about 100,000 vehicles. Since the average gross profit margin on the affected models are around 700,000 yen per vehicle, Mr. Endo estimates that it will cost Toyota about 70 billion yen.

As of the end of March 31, 2009, Toyota has set aside 429.2 billion yen for warranties on vehicles that it has sold, although the company says that reserve is different from cash set aside to pay for the cost of recalls.

With more than $29 billion in cash on its balance sheet and very low levels of borrowing, Toyota doesn't stand out as a credit risk, but ratings agency Fitch last week placed the company's "A+" rating on negative watch. Fitch said the recall and sales suspension casts a negative light on Toyota's reputation for quality. Meanwhile credit services Moody's and Standard & Poor's have said there is no impact from the current freeze, but S&P warned last week that its rating could be lowered "if Toyota's brand image is weakened." A reduction in a company's credit rating can make it more expensive to raise money in the debt market.

If you or a loved one have been injured by one of the issues related to these defects, you need to contact an attorney immediately, particularly before the damage is repaired so that evidence of the defect can be preserved. Contact Rachel Montes or Tom Herald at the Montes Herald Law Group, LLP at (214) 522-9401 for a free, no obligation case consultation. Visit our website at www.MontesHerald.com for more information about our law firm and our attorneys. Our office is located in the Las Colinas portion of Irving, Texas in between Dallas and Fort Worth. However, we handle cases across the State of Texas and across the United States.

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213,000 Baby Play Yards With Bassinets Recalled
January 06, 2010

The U.S. Consumer Product Safety Commission, Health Canada and Dorel Juvenile Group Inc. today announced a voluntary recall of about 213,000 Safety 1st Disney Care Center Play Yards and Eddie Bauer Complete Care Play Yards due to possible suffocation hazards. According to a December 30, 2009 press release,"the one-piece metal bars supporting the floorboard of the bassinet attachment can come out of the fabric sleeves and create an uneven sleeping surface, posing a risk of suffocation or positional asphyxiation." The press release describes the toys as "portable and were sold (at Babies "R" Us, Kmart, Sears, Target and Walmart from January 2007 through October 2009) with a bassinet attachment and a built-in changing station. The recalled products involve the following:

•· Safety 1st Disney Care Center Play Yards

•· Eddie Bauer Complete Care Play Yards

•· Models included in this recall are: 05025, 05026, 05037, 05088 and 05350.

•· The model number is printed on a sticker on one of the support legs underneath the play yard. 'Safety 1st' or 'Eddie Bauer' are printed near the bottom of the fabric sides of the play yards.

 

Consumers are advised to immediately stop using the bassinet attachment to the play yard and to contact Dorel Juvenile Group for a free repair kit including replacement bassinet fabric, bassinet bars and installation instructions.

Contact information:

Dorel's Recall Hotline: (888) 233-4903 between 8 a.m. and 5 p.m. ET Monday through Thursday, 8 a.m. and 4:30 p.m. ET Friday

Dorel's Web site: http://www.djgusa.com/

If your child has been injured because of a defective play yard or other dangerous product, contact Rachel Montes or Tom Herald at (214) 522-9401 for a free case consultation. Montes Herald Law Group, LLP is located in Irving, Texas. Visit our website www.MontesHerald.com for more information about our law firm and our attorneys.

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Investigation of Deadly Car Wreck Focusing on Defective Accelator
December 29, 2009

The tragic crash in Southlake, Texas that resulted in the drowning deaths of 4 people is now being investigated to determine whether a defective accelerator on the Toyota Avalon may have been the cause of the crash. The accident happened Saturday killing 4 Jehovah's Witnesses that were out sharing their faith. The car left the road at a high rate of speed, without showing any obvious attempts of stopping or breaking, and ended up in a pond upside down.

As our blog reported, in October, 2009, following the deaths of several people, Toyota reluctantly agreed to initiate a nationwide recall of Toyota cars with accelerator issues. Toyota announced the voluntary recall Sept. 29, one month after a 2009 Lexus ES 350 sped out of control on a suburban San Diego highway, killing California Highway Patrol Officer Mark Saylor, his wife, Cleofe Lastrella, their daughter Mahala and Chris Lastrella, Cleofe's brother. The final moments of the incident were captured as Chris Lastrella made a frantic 911 call describing Saylor's futile efforts to stop the car, which crashed through an embankment and burned. The accident and recall prompted Toyota President Akio Toyoda to publicly express remorse. The National Highway Traffic Safety Administration (NHTSA) found in its investigation that the Toyota braking system could lose most of its power and effectiveness when the throttle is fully opened and that other aspects of vehicle design, including using push-button ignitions, could add risk in sudden-acceleration events. As a result, NHTSA issued a statement that the recalled Toyota and Lexus vehicles do have an "underlying defect" that involves the design of the accelerator pedal and the driver's foot well.

Included in that recall was the Toyota Avalon, the same model vehicle that was involved in this incident. The recall involved almost four million Toyota and Lexis vehicles with a particular floor mat design because of a design defect. According to the Associated Press:

  • Toyota Motor Corp. said it will recall 3.8 million vehicles in the United States, the company's largest-ever U.S. recall, to address problems with a removable floor mat that could cause accelerators to get stuck and lead to a crash.
  • The problem with the floor mats is that it may cause the accelerator pedal to become stuck open which may result in very high vehicle speeds and which may make it difficult to stop a vehicle, which could cause a crash, serious injury or death,"
  • This is an urgent matter," Transportation Secretary Ray LaHood said in a statement. "For everyone's sake, we strongly urge owners of these vehicles to remove mats or other obstacles that could lead to unintended acceleration."
  • The recall will affect 2007-2010 model year Toyota Camry, 2005-2010 Toyota Avalon, 2004-2009 Toyota Prius, 2005-2010 Tacoma, 2007-2010 Toyota Tundra, 2007-2010 Lexus ES350 and 2006-2010 Lexus IS250 and IS350.
  • For more information, consumers can contact the National Highway Traffic Safety Administration's hotline at (888) 327-4236, Toyota at (800) 331-4331 or Lexus at (800) 255-3987.

If you have one of these model vehicles, you should take immediate action to remove the floor mat and to have the vehicle inspected by Toyota to address this defect.

If you were seriously injured or if a loved one has suffered a serious injury or death from a defective product, contact Rachel Montes or Tom Herald at the Montes Herald Law Group, LLP (214) 522-9401 to schedule a free, no obligation, initial consultation. Protect your legal rights. Visit our website at www.MontesHerald.com for more information about our attorneys, Rachel Montes and Thomas A. Herald. In addition, continue to monitor our blog at www.MontesHeraldblog.com for periodic updates concerning this recall and for notices of recalls of other dangerous products. Our firm is located in Irving, Texas just a few miles from DFW Airport and is centrally located in the Dallas Fort Worth Metroplex.

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Baby Car Seats Recalled Because of Defective Handles
December 21, 2009

The US Consumer Product Safety Commission (CPSC), the National Highway Traffic Safety Administration (NHTSA) and the manufacturer, Dorel Juvenile Group, Inc. have agreed to issue a recall of almost 500,000 car seats and baby carriers. The recall was issued after several infants were reported to have been injured when the handle for the car seats and carriers broke off. So far there have been over 77 reports of the handle either breaking off or become loose as the product was being carried. The children have been injured when they were dropped after the handle broke. Sadly, one of the children sustained a head injury from the incident.

The car seats were sold as part of a travel system under the Safety 1st, Cosco, Disney and Eddie Bauer brand names in child product stores and department stores nationwide from January 2008 through this month. Products affected by the recall include:

  • Safety 1st Sojourn Travel System, with model numbers 22-057 DBY, 22-085 DWA, 22-057 CLN, 22-057 HRT, 22-322 HRR, 22-322 PTK, 22-057 LPH, and 22-085 LYN.
  • Safety 1st Eurostar Travel System with model numbers 22-322 KDL, 22-322 LXI, 22-322 OLY, 22-322 PRS, 22-322 MAI, 22-325 COB, and 22-095 RBK.
  • Safety 1st Lite Wave Travel System with model numbers 22-380 LGA and 22-380 MSA.
  • Safety 1st Vector Travel System with model numbers 22-627 WAV and 22-325 PAC.
  • Cosco Sprint Travel System with model numbers 22-300 FZN, 22-300 OSF, 22-300 CSF, 22-300 JJV, 22-300 THD, and 22-300 TWD.
  • Disney Propack Travel System with model numbers 22-627 AWF, 22-355 LBF, 22-305 NAB, 22-305 PPH, and 22-355 PWK.
  • Eddie Bauer Adventurer Travel System with model numbers 22-627 CGT, 22-627 FRK, 22-627 SNW and 22-627 WPR.
  • Eddie Bauer Endeavor Travel System with model numbers 22-627 KGS and 22-655 YTE.

Any consumers who have the recalled car seat/carriers should not use the handle until they have received and installed a free repair kit from Dorel Juvenile Group, which can be obtained by contacting the company's website at www.djusa.com/safety_notice

If your child has been injured because of a defective car seat or carrier or other dangerous product, contact Rachel Montes or Tom Herald at (214) 522-9401 for a free case consultation. Montes Herald Law Group, LLP is located in Irving, Texas. Visit our website www.MontesHerald.com for more information about our law firm and our attorneys.

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50 Million Roman Shades Recalled
December 15, 2009

The government and the window covering industry on Tuesday recalled more than 50 million Roman-style shades and roll-up blinds because of the risk children may be strangled by the cords.

The Consumer Product Safety Commission said five deaths and 16 near-strangulations from Roman shades have been reported since 2006, while three deaths connected to roll-up blinds have been reported since 2001. Roman shades can become dangerous, the CPSC said, if a child's neck gets stuck between the exposed inner cord and the fabric on the backside of the blind, or if the cord gets wrapped around a child's neck. Roll-up blinds pose a strangulation threat if the lifting loop slides off the side of the blind and a child's neck becomes entangled on it, or if a child neck's gets between the lifting loop and the roll-up blind material.

The commission and the industry urged parents to examine all shades and blinds in the home and make sure they have no accessible cords. They also advised parents not to place cribs, beds or other furniture close to windows because children can climb on the furniture and reach the cords.

Cordless window coverings are recommended for all homes where children live or visit.

Several major retailers, including Wal-Mart, JCPenney, Target, Ikea and Pottery Barn, are also participating in the recall.

Consumers can obtain free retrofit kits for Roman shades and roll-up blinds by calling the Window Covering Safety Council toll-free at (800) 506-4636.

 Here you can see how these Roman shades can be a strangulation hazard for small children.

roman_shade_recall.JPG

If you or your loved ones have been seriously injured by a dangerous or defective product, contact Montes Herald Law Group, LLP for a free, no obligation, case review. Visit our website at www.MontesHerald.com for more information on the types of cases our firm handles.

 

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Company Agrees to Pay $25,000 Fine Over High Lead In Children?s School Supplies
December 09, 2009

Excelligence Learning Corp, doing business as Discount School Supply, a California company has agreed to pay a $25,000 civil penalty after it repeatedly imported children's products with high levels of lead. The Consumer Product Safety Commission said Friday that Excelligence Learning Corp,agreed to pay the penalty to settle the commission's allegations that the company imported more than 33,000 units of children's products that contained high levels of lead in the paint between 2000 and 2007.

The imported products included toys that were recalled in 2007 and in 2008, including:

  • shaving paint brushes,
  • giant measuring charts, and
  • play mats.

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Safety of Zhu Zhu Toy Mr. Squiggles Questioned
December 09, 2009

The Good Guide, a consumer safety group, is questioning the safety of Mr. Squiggles, a popular Christmas Toy this year claiming it contains high levels of two toxic metals. TheGood Guide claims it found potentially unsafe levels of tin and antimony on Mr. Squiggles.

Cepia, LLC, the company that manufactures Zhu Zhu pets reacted strongly to the news, maintaining that there is nothing wrong with its motorized hamsters. The company released a statement, "We are disputing the findings of Good Guide and we are 100 percent confident that Mr. Squiggles, and all other Zhu Zhu Toys, are safe and compliant with all U.S. and European standards for consumer health and safety in toys," said Russ Hornsby, CEO of Cepia LLC, the company that makes Zhu Zhu pets.

The Consumer Product Safety Improvement Act of 2008 limits antimony to no more than 60 parts per million. Good Guide says it found 93 ppm in Mr. Squiggles' fur and 103 in its nose.

Tests in animals have attributed a series of ailments large-scale consumption of antimony, the Department of Health and Human Services' (DHHS) Agency for Toxic Substances and Disease says. Yet the DHHS also says it does not "know what other health effects would occur to people who swallow antimony."

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2009's Most Dangerous Toys
November 19, 2009

Two consumer watchdog groups have released their lists of dangerous toys. The World Against Toys Causing Harm (W.A.T.C.H.), released is annual list of the 10 worst children's toys, while the Center for Environmental Health released its list of toys they believe have dangerous levels of lead paint.

WATCH's list of toys typically have a choking hazard for small children, a risk of head injury or a risk of eye injuries. "A lot of the same hazards we see, year after year, are still appearing on the shelves," said James Swartz, an attorney and director of group that has produced the list each year since 1972. In previous years, the group has had some success in getting some toys pulled from the shelves. The need for safe toys is obvious when you consider that the Consumer Products Safety Commission reports that in 2008 at least 19 toy-related deaths occurred in the United States alone, and that there were also about 235,300 toy-related injuries treated in hospital emergency rooms.

WATCH'S 2009 List of Toys they considered dangerous included:

  1. DISNEY-PIXAR WALL-E FOAM ROCKET LAUNCHER
  2. MOON BOARD POGO BOARD
  3. CURIOUS BABY CURIOUS GEORGE COUNTING - MY FIRST BOOK OF NUMBERS
  4. THE DARK KNIGHT BATMAN FIGURE
  5. X-MEN ORIGINS SLASHIN' ACTION WOLVERINE.   The group said the Wolverine has pointed plastic claws protruding some 1.5 inches from each fist. The right claw pops out and retracts upon impact, while the left stays rigid upon contact.
  6. LOTS TO LOVE BABIES - "mini nursery
  7. JUST KIDZ JUNIOR MUSICAL INSTRUMENTS
  8. CAT rugged mini.    A Play School "Caterpillar" dump truck has a wheel that with a hard tug can be pulled off, potentially leaving a child as young as 18 months - the suggested age group for the toy - holding a 3-inch metal spike.
  9. PUCCI PUPS MALTESE, and
  10. SPY GEAR VIPER-BLASTER

Warnings on packaging for a pogo board said that an elastic cord, if pulled taut and then released, "could spring back and cause injury," and that inexperienced users should wear safety gear

Although many of these products have warning labels. The WATCH group recognizes that children will often ignore those warnings, and those the children will be exposed to the specific hazard that the manufacturer is warning against. "When you see all kinds of warnings about where to use the product, when to use the product, how to use the product - it's best to stay away from the product," said Swartz.

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Toys With High Lead Levels

The Center for Environmental Health tested 250 children's products being sold this year and reports that it found Children's toys carrying the Barbie and Disney logos have turned up with high levels of lead in them, according to a California-based advocacy group -- a finding that may give consumers pause as they shop for the holiday season.

The Center for Environmental Health tested about 250 children's products bought at major retailers and found lead levels that exceeded federal limits in seven of them. Lead is known to be dangerous because it can cause irreversible brain damage.

The toys making the list for high lead levels were:

  1. Barbie Bike Flair Accessory Kit
  2. Disney Tinkerbell Water Lily necklace.
  3. Dora the Explorer Activity Tote,
  4. two pairs of children's shoes,
  5. a boy's belt and
  6. a kids' poncho.

California Attorney General Jerry Brown has sent letters to Target, Wal-Mart and the other retailers who sold the seven products, warning that children's goods on their store shelves were found to contain illegal levels of lead and should be pulled immediately.

Following a number of revelations about lead-tainted toys in 2007, including the recall of over 2 million toys sold by Mattel, a product safety law was enacted that contained strict limits on the amounts of lead and chemicals allowed in products made for children 12 years and younger.

Manufacture's Response to Allegations of High Lead Levels:

Mattel said it licensed the Barbie name to Bell Sports for the bike accessory kit found with high lead, but did not make or sell it. Bell said the kit was an older product that passed safety tests in 2007, but the company didn't know it was still on store shelves.

Disney said the Tinkerbell necklace was tested by its licensee, Playmates Toys, before being distributed -- and that it complied with all federal and state consumer safety regulations.

The Center for Environmental Health in Oakland, Calif., said the Barbie toy was bought at Tuesday Morning and the Tinkerbell jewelry was purchased at Walgreens. The other products the center said had high lead came from TJ Maxx, Sears, Wal-Mart and Target.

The Consumer Product Safety Commission, which regulates toys and thousands of other products, is looking into the matter.

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Maclaren Recalls Defective Baby Strollers Amputate Children?s Fingers
November 12, 2009

Maclaren USA Inc., one of the largest maker of baby strollers, is recalling about 1 million umbrella strollers after receiving reports of 12 infants who had their fingertips amputated by the side hinges over the past 10 years. According to the Consumer Product Safety Commission, the company was prompted to issue the recall because it has received reports of 15 injuries from children placing their finger in the hinge, resulting in 12 fingertip amputations with an increase in the number of reported injuries during the past two years.

The recall involves all umbrella strollers sold in the U.S. since 1999, including the "Volo" model, which costs $130, and "Techno XT," which costs $315, according to MacLaren's Web site. Maclaren strollers, which are made in China, are sold in the U.S. at retailers including Babies "R" Us and Target Corp.

The company has agreed to send protective covers to all owners for the side hinges. In the meantime, Maclaren USA, Inc. has issued a statement that parents should keep children away from the carriages when opening and closing them, and that consumers should immediately stop using the strollers.

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NHTSA Scolds Toyota for Claiming Its Vehicles Are Not Defective
November 09, 2009

The National Highway Traffic Safety Administration issued a statement Wednesday that the recalled Toyota and Lexus vehicles do have an "underlying defect" that involves the design of the accelerator pedal and the driver's foot well. This statement was issued by the NHTSA to directly rebuke Toyota Motor Corp. for issuing statements that NHTSA says are "inaccurate and misleading" statements asserting that no defect exists in the 3.8 million vehicles it recalled after a Lexus sedan accelerated out of control in San Diego County, killing four people. Toyota announced the voluntary recall Sept. 29, one month after a 2009 Lexus ES 350 sped out of control on a suburban San Diego highway, killing California Highway Patrol Officer Mark Saylor, his wife, Cleofe Lastrella, their daughter Mahala and Chris Lastrella, Cleofe's brother. The final moments of the incident were captured as Chris Lastrella made a frantic 911 call describing Saylor's futile efforts to stop the car, which crashed through an embankment and burned. The accident and recall prompted Toyota President Akio Toyoda to publicly express remorse.

Toyota officials have said they believe the Aug. 28 accident, and other uncontrolled-acceleration incidents across the country, occurred after the gas pedal became entrapped in an improperly installed floor mat. In formal recall notices being mailed out this week, Toyota asks customers to remove the driver's-side mats. Separately, the company issued a statement Monday saying its recall letter "confirms that no defect exists in vehicles in which the driver's floor mat is compatible with the vehicle and properly secured." Toyota also posted a video statement disputing news reports that unintended acceleration may be related to other factors, such as eelectronic throttle control systems.

That prompted the NHTSA to issue a clarification.
"Safety is the No. 1 priority for NHTSA and this is why officials are working with Toyota to find the right way to fix this very dangerous problem," the statement said. "This matter is not closed until Toyota has effectively addressed the defect by providing a suitable vehicle-based solution."


The recall affects the 2007-2010 model year Toyota Camry, the 2004-2009 Toyota Prius, the 2005-2010 Toyota Avalon, the 2005-2010 Tacoma, the 2007-2010 Toyota Tundra, the 2007-2010 Lexus ES 350 and the 2006-2010 Lexus IS 250 and IS 350.

The NHTSA has investigated allegations of unwanted acceleration in Toyota vehicles eight times since 2003. Two probes, involving carpet panels in 2004 Toyota Sienna minivans, and floor mats in 2007 Lexus ES350 and 2007 Toyota Camry sedans, led to small recalls.

The six other investigations were closed by the agency with no finding of a defect. In those investigations, however, the NHTSA did find that the Toyota braking system could lose most of its power and effectiveness when the throttle is fully opened and that other aspects of vehicle design, including using push-button ignitions, could add risk in sudden-acceleration events.

In the suburban San Diego case, the NHTSA found that the floor mat in the sedan -- a loaner car from an El Cajon dealer -- was an all-weather mat intended for use in a Lexus sport utility vehicle. It also found that the design of the Lexus accelerator pedal may have enhanced the risk of its being obstructed by a floor mat.
Toyota has continued to focus on the floor mats alone.

On Monday in a video statement posted online, Toyota Senior Vice President Bob Daly addressed recent suggestions "that there may be other causes of unintended acceleration," including problems with engine control systems, brake systems or electromagnetic interference.

"There is no evidence to support those theories," Daly said. "The question of unintended acceleration involving Toyota and Lexus vehicles has been repeatedly and thoroughly investigated by NHTSA, without any finding of defect other than the risk from an unsecured or incompatible driver's floor mat."

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Deaths of 3 Children Spur Recall of Window Blinds
August 27, 2009

Following the well publicized deaths of three children who were strangled by cords, six companies have issued recall notices for millions of window blinds and shades. The recall covers:


  • 4.2 million roll-up blinds with plastic slats made by Lewis Hyman Inc.;
  • 600,000 Woolrich Roman shades;
  • blinds and shades made by Vertical Land Inc. of Panama City Beach, Fla.;
  • Roman shades by Pottery Barn Kids/Williams-Sonoma Inc.;
  • 245,000 Lutron Shading Solutions fabric roller shades; and
  • 163,000 Roman shades by Victoria Classics.

If you have small children in your home or if small children visit your home, you should check your blinds to ensure that the cords do not present a safety hazard. You can contact the manufactures for details on the recalled products. In addition, if you have small children that you place in an in-home day care facility, you should check the blinds to make sure that they are safe.

If you or your loved ones have been seriously injured by a dangerous or defective product, contact Montes Herald Law Group, LLP for a free, no obligation, case review. Visit our website at http://www.montesherald.com/ for more information on the types of cases our firm handles.

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3 INJURED IN SUV ROLLOVER IN ELLIS COUNTY
August 18, 2009

Ellis County Sheriff's office has reported that three people were injured in a car crash off Interstate 45 early Sunday morning when a sport utility vehicle rolled over off the highway. The victims were airlifted to Parkland Hospital. Their condition was not immediately known.

While the details of this accident have not yet been released, rollover accidents are a common problem, especially when the vehicle involved is an SUV. When these rollover accidents occur, the risk of serious injury or death is extremely high, especially if the roof is crushed and the occupants sustain a head injury. However, there are ways that auto manufacturers can minimize the risk of roof crush when a car or SUV rolls over. The vehicles on the market today can and should be designed to withstand normal, foreseeable impacts such as those caused by auto rollover. Over the years, lawsuits have shown that some auto manufacturers are willing to gamble with the lives of their consumers. Some manufacturers have even performed studies to analyze the risk-benefit analysis and determined that a certain number of fatality accidents and the resulting settlements of those claims would be acceptable if certain safety measurers are not taken.

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If you were seriously injured or if a loved one has suffered a serious injury such as a brain injury, paralysis or died when he or she was ejected from a vehicle or was injured a car roof caved in during an SUV rollover accident, contact Montes Herald Law Group, LLP to schedule a free initial consultation. Protect your legal rights. Call us at (214) 522-9401 and visit our website at www.MontesHerald.com for more information about our attorneys, Rachel Montes and Thomas A. Herald.

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The experienced personal injury attorneys of the Montes Herald Law Group, LLP, based in Irving, TX, represent clients throughout north Texas and statewide, with focus on the Dallas-Fort Worth (DFW) Metroplex and Dallas County, Tarrant County, Denton County, Harris County, Travis County and Baylor County. This includes cities such as Irving, Las Colinas, Valley Ranch, Dallas, Fort Worth, Plano, Arlington, Carrollton, Coppell, Lewisville, Grapevine, Addison, Southlake, Colleyville and the Hurst, Euless, Bedford Heb-mid cities area.

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