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Product Liability 1285 articles

ATV safety questioned after fatal accident in Alabama

An ATV accident in Russell County, Ala., turned fatal this weekend. Two boys, both age 13, were involved in the accident, and one was killed. Both boys were three years younger than the age suggested for ATV operation, 16. Careless driving is believed to have contributed to the accident. According to WSFA, Alabama State Trooper Zachary Harrelson said the driver of the ATV “failed to yield to the ‘Game and Fish’ vehicle and was subsequently struck by the ‘Game and Fish’ vehicle.” The news report cites statistics from the Alabama Department of Public Safety that say in 2007, 121 ATV ... Read More

Parents of Tenn. girl injured in Rhino rollover sue Yamaha

Greg and Theresa Mitchell of Clarksville, Tennessee have filed a personal injury lawsuit against Yamaha Motor Corporation for injuries that their 11-year-old daughter sustained when the Yamaha Rhino ATV she was riding in rolled over. The Mitchells’ daughter was a passenger in the Rhino ATV when it rolled over onto the passenger side. The June 2005 accident occurred while the ATV was being driven soundly, leading the Mitchells to allege that the Yamaha Rhino is dangerously unstable and defective. Like many people throughout the country, the Mitchells suggest the accident would not have occurred if Yamaha had set higher standards ... Read More

Tire Retirement

On June 2, 2008, after many years of prodding by consumer advocacy groups and attorneys, the National Highway Traffic Safety Administration (NHTSA) issued a consumer advisory concerning aging tires. This follows numerous lawsuits involving Explorer/Firestone rollovers, which made the public aware of the potential dangers of tire aging. Additional industry documents and studies have made clear that tires more than six years old are hazardous to drivers, and can result in tread separations, crashes and rollovers. A NHTSA study on Firestone ATX/Wilderness tire defects found that age was a definitive factor in failure, particularly in high-temperature environments that cause tire ... Read More

Community grieves girls’ death

In the midst of  Southern Trails in the Lewisburg area, flowers rest where two friends named Emily Bates and Lauren Dilworth died in a Yamaha Rhino accident. According to the DeSoto Times, many people were alarmed after their deaths. The ATV flipped on the road and pinned the two girls’ bodies; both girls were not wearing seat belts, which may or may not have made a difference in their lives. After he discovered the accident,  Milton Kuykendall, Superintendent of Education in Lewisburg, said, “Life can change in an instant.  We are so sorry for their families and friends. There is no ... Read More

Girls die in yamaha rhino accident

October 18 marks two more deaths involving Yamaha Rhinos. According to DeSoto Times, two 11-year-old girls, named Lauren Dilworth and Emily Bates, were not wearing protective gear or seat belts, which were installed in the vehicle, when the 2005 ATV overturned and pinned the two girls’ bodies. Lauren Dilworth and Emily Bates were riding the Yamaha Rhino in the Lewisburg area when the tires are believed to have caught on the pavement, resulting in its overturn. Both girls’ torsos and heads were injured during the crash; Dilworth died on the scene while Bates died in the emergency room. DeSoto County ... Read More

Delta cribs recalled after babies die

As we have been reporting, according to the Associated Press, on October 20, 2008, 1.6 million cribs were recalled after the death of two eight-month-old infants. The infants became stuck in the gaps of the cribs, resulting in them both suffocating.  In Delta Enterprise Cribs, if safety pegs are not installed or fail to engage, the drop-side separates, resulting in a gap in which babies can get stuck. In one of the baby’s crib, no safety peg was installed, and in the other instance, the safety peg did not engage in the baby’s crib. Nancy Nord, acting head of the ... Read More

CPSC says early warning system identifies crib defects

Following on the heels of an announcement this week recalling nearly 1 million cribs manufactured by Delta Enterprise Corp., the Consumer Product Safety Commission reports its Early Warning System, created in Fall 2007, is working to warn consumers of concerns with the durability of cribs. The agency says since the Early Warning Sytem was implemented, it has conducted five crib recalls where “hardware was broken, missing or otherwise failed to function.” The recent Delta recall came after an 8-month-old baby died as a result of suffocation when the absence of safety pegs caused the drop side of the crib to ... Read More

Nearly 1 million Delta cribs affected by recall

This week, the news of a serious defect in cribs manufactured by Delta Enterprise Corp., of New York, NY, was released by the Consumer Product Safety Commission (CPSC). Today the agency said the voluntary recall will affect 985,000 drop side cribs. The affected cribs are missing safety pegs, which can result in entrapment and suffocation of infants and toddlers when crib locks can disengage and detach, creating a hazardous gap. According to the CPSC release, the defect has resulted in the death of an 8-month-old child, who became entraped and suffocated. The CPSC also is aware of two additional entrapments ... Read More

father’s slide show for daugher killed in Rhino rollover

“Making the decision to have a child – it’s momentous. It is to decide forever to have your heart go walking around outside your body.” This quote opens the heartwarming photo slide show of Ellie Sand. On May 10, 2008, John Sand, Ellie’s father, created a slide show that traces Ellie’s life from birth to her last year of life – her 10th year. October 28, 2008, will mark the anniversary of this young girl’s death, which was lost on a Yamaha Rhino; her body could not withstand the 1,100-pound weight of the ATV, which rolled over and crushed her. ... Read More

Family dedicates Web site to daughter killed in Rhino rollover

Ellie Sand’s warm smiles appear to lift off the photo montage on the Web site made in her memory. She was a determined girl, who did well at most anything she tried – dancing, tennis, horseback riding, even riding her dirt bike. But her strong will was not enough to keep her alive after the Yamaha Rhino she was riding in tipped over and crushed her small body. An air ambulance rushed her to the hospital and for 24 hours machines held her at the brink of life. But the weight of the 1,100-pound Rhino was just too much for ... Read More