According to the Consumer Product Safety Commission, in the U.S. during April 2010,  40 people were killed riding ATVs, 12 of them children under the age of 16. In May, 13 children died in ATV-related accidents. And in the past few weeks in Michigan alone, 5 children under the age of 14 have died or suffered severe injuries, while riding an ATV. Children and ATVs do not mix. This opinion is shared by the American Academy of Pediatrics and the American Academy of Orthopedic Surgeons, whose members each year treat thousands of children injured by ATVs. These doctors and consumer advocacy groups support legislation that would prohibit ATV use by unlicensed adolescents under the age of 16. Michigan law allows children under 16 to operate an ATV if they wear a helmet, have safety training and follow other rules. Yet studies show that helmets do not provide sufficient protection for young riders who suffer more severe injuries, longer hospital stays and more surgeries than if they have been riding a conventional bicycle. Studies also found that despite surviving an ATV-related accident, children return to riding ATVs with their safety behaviors unaltered. The findings of these studies reinforce the need for legislation to keep children under 16 off these dangerous vehicles. Although the case for new legislation about who can ride an ATV is strong, the ATV industry continues to fight against it, and has failed to heed the serious warnings of consumer advocacy groups. Instead, companies such as Yamaha, while aggressively marketing these dangerous vehicles to youngsters, avoid federal and state regulation by “doctoring” documents and publishing false statistics to show ATV deaths and injuries are declining, when in fact the opposite is true.  Legislation will help to save lives, but in the end,  the ATV industry must endeavor to produce safer vehicles and support regulations to protect children under 16. For more information, visit atvsafetynet.org.

Summer is prime time for garage and rummage sales where families search for gently used furniture, household items and toys for kids of all ages. While searching for bargains, consumers should be aware of  safety issues involving products, particularly for infants and children, that may be sold at neighborhood garages sales.  Some products sold at these sales may have been subject to a recall because they pose a a risk of injury or even death to infants and children. The seller of the products may be unaware that the items they are offering for sale have been recalled by the Consumer Product Safety Commission (CPSC). Beware of hand-me-down bassinets, cribs or toys given to you by a friend or relative who may be unaware that an a crib or toy is subject to a recall. Before using an item you buy at a garage sales or one that has been given to you,  go to CPSC.org to determine the safety status of that item. Check out the CPSC’s “most wanted list”  of products, those that have caused death and/or injury. They include: Simplicity Bassinets and Cribs, Stork Craft and Delta Cribs, Magna Man Figures,  Kolcraft Play Yards, and Playschool Tool Benches, among others.

In late 2009, Toyota’s sudden acceleration problems became international headline news. But Toyota’s unintended acceleration problems have persisted for more than a decade. In fact, the National Highway Traffic Safety Administration (NHTSA) ordered Toyota to recall vehicles as early as 1986 because of speed control issues. Toyota’s current generation of problems began in 2002 when Toyota notified its dealers that some Camry models could experience engine surging, which required electronic calibration to repair the problem. In 2003, the Toyota Sienna was the subject of internal communications that dealt with an “unwanted acceleration” incident that occurred during testing. Toyota reported the incident to NHTSA five years later, thus establishing a pattern of deception that has continued to the present. The current cover-up at Toyota has caused the deaths of at least 56 people and hundreds more have been injured, as consumers were uninformed about the safety issues that have plagued Toyota.

Some safety experts claim that Toyota does not know how to fix the current sudden acceleration problem. Instead, the company has blamed drivers for pressing the accelerator instead of the brake. They also blamed floor mats for entrapping gas pedals, and then later claimed that gas pedals were sticking, not returning to idle position. Data shows that Toyota’s unwanted acceleration problems began in 2002 with the introduction of electronic throttle controls. Complaints of sudden acceleration rose by 500% after Toyota incorporated these systems into their vehicles.

Although the cause(s) of Toyota’s acceleration problems may never be fully disclosed, the solution is easy and inexpensive: install the “smart pedal.” The “smart pedal” has been used for over ten years by Chrysler, Nissan, BMW, Audi and Mercedes Benz and costs as little as $1.00 per vehicle. This technology works simply: if a driver inadvertently applies both the accelerator and brake simultaneously or if an electronic malfunction occurs which mimics this situation, the engine automatically shifts into idle, permitting the driver to slow and come to a stop. Toyota says it will begin using this technology in its 2011 models.

Unfortunately, Toyota has gone great lengths to avoid taking responsibility for its mistakes by attacking the research and tests of David Gilbert, an Automotive Technology Professor at Southern Illinois University. While Toyota claimed that their systems could not cause sudden acceleration, Gilbert’s tests showed the opposite: Toyota’s electronic systems could fail to prevent sudden acceleration in certain instances. Toyota told the United States Congress that they would work with Dr. Gilbert, but instead hired Exponent, a research firm, to refute the professor’s findings.

Toyota has refused to accept responsibility for its acceleration problems for years. Rather than addressing this significant safety issue by finding solutions, the company has focused on avoiding safety recalls. Toyota hired investigators away from NHSTA in an effort to stall or shut down NHTSA investigations. Internal documents at Toyota show that the company saved more than $100 million by avoiding a recall because of the sudden acceleration problem. Just one month after Toyota bragged about their cost savings “win”, a family was four of killed in their Lexus after it accelerated out of control.

While Toyota is working on a solution to its sudden acceleration problems, drivers of Toyota and Lexus vehicles should know what to do if they experience sudden acceleration.

Consumer Reports magazine reports that test drivers found the most effective strategy was to hit the brake pedal hard and hold it.

“Don’t start pumping or pounding on the brakes. That negates the vacuum assist and makes the brakes less effective. Toyota goes a step further. It advises stepping on the brake pedal with both feet, using firm and steady pressure.

After hitting the brakes, shift the transmission into neutral.

After disengaging the engine, pull safely off the road, turn off the car and park it.”

How can you be prepared?

Be sure you know how to get your car into neutral. This varies greatly by make and model and is not always intuitive. You want to know how to do this before you find yourself in an emergency situation.

People may be tempted to turn off the engine, but shifting into neutral is a better option. That’s because turning the engine off stops the power steering system and will make it harder to control the vehicle.

Still, if you can’t get it into neutral, don’t fool around. Shut the engine off.

But even this can be tricky if you are not prepared.

Toyota said if its vehicle is equipped with an “engine start/stop” button, you need to push the button firmly and steadily for at least three seconds to turn off the engine. Do not tap the start/stop button.

Other car makers, however, use different on-and-off systems, so be sure you know how your vehicle works.

Sources: The Safety Report, Consumer Reports

This week Skilled Healthcare Group, Inc. was ordered to pay more than $670 million in damages for violating the California health and safety code which requires nursing homes to provide at least 3.2 nursing hours per patient each day. Staff deficiencies put patients at risk because they do not receive proper and timely care, medication or hygiene. More money damages against Skilled Healthcare are possible as the jury will meet next week to determine if the company should pay punitive damages. Skilled Healthcare says it will appeal. (6/8) LA Times

The majority of airline passengers believe that the biggest threat to their safety is airplane maintenance. But a recent analysis by F.D.A. inspectors found that airline food served to the flying public may pose greater health and safety risks. Inspectors cited some of the largest airline food kitchens in the U.S. for violations, including unsanitary conditions, failure to wash hands, roaches and mice, failure to keep food at proper temperatures and failure to clean and sanitize surfaces to protect food from contamination. More than a half billion meals are made each year in airline food kitchens. (6/28) WCBSTV

The Law Offices of Henry Hanflik  have been contacted by multiple families who are coming forward accusing  Gracelawn Cemetery of Flint for incompetence and mismanagement of  their family members gravesites. Families are tormented because they do not know where the remains of their loved ones are buried.  Cemetery officials are scrambling for an explanation for the failure to account for the remains. If you or a family member have experienced this situation at Gracelawn Cemetery contact our office at hanflik@tir.com or call 810-720-4000.  (6/18) Mlive.com

Check in your cupboards and freezers for the latest recalled foods to be certain you and your family do not become ill. The USDA announced two recalls yesterday involving three types of Spaghettios with Meatballs and  Marie Callender’s brand Cheesy Chicken and Rice frozen meals produced by ConAgra Foods. The frozen meals have been linked to a recent outbreak of salmonella affecting 29 people in 14 states. The Spaghettios were recalled due to underprocessing.  (6/17) USDA-1  (6/17) USDA -2

Findings in a new federal study published in the Journal of the American Medical Association would suggest that surgery centers may not be as safe as hospital operating rooms. The study found that patients who have procedures, such as colonoscopies, foot surgeries and plastic surgeries, at same-day surgery centers are at higher risk for getting infections. The majority of clinics involved in the study violated the basic fundamentals of infection control, such as washing hands, wearing gloves and reusing devices meant for a single use. Lax infection control practices may pervade the nation’s outpatient surgery centers. (6/8) NY Times

A Kansas Judge has granted class-action status to two lawsuits in the legal battle against the sales of “hot fuel,” the selling of gasoline at a temperature greater that 60 degrees. This practice reduces the amount of energy in the fuel and results in reduced miles per gallon. Estimated cost to the consumer: $2.3 billion per year. Some of the defendants named in the lawsuits include BP, Chevron, Citgo, ConocoPhillips, 7-Eleven, Shell Oil, Valero and Wal-Mart. (6/2) Kansas City Star

Recent technical glitches at Facebook have exposed the private lives of millions of users. Although U.S. senators and privacy groups have filed complaints with the FTC against Facebook, it appears there may be no limit to the number of features Facebook launches each month, frequently provoking concerns about privacy. (5/19) Wall Street Journal. Note that corporations and individuals, such as insurance companies and investigators, may gain access to your personal information on social networking sites and view or gather your information, photos and the like. If you are involved or later become involved in litigation, your case may be negatively affected.  To insure your privacy, take care in what information you place on the net. At some time in the future, the whole planet may have access to your personal information.