| |
CASES & INVESTIGATIONS |
|
| |
|
|
| |
GENERAL INFORMATION |
|
| |
|
|
| |
 |
|
| |
|
|
|
| |
 |
|
|
| May 25, 2005 |
Associated
Press, "Advocates Push to Make Cars
Safer for Kids" |
Child-safety
advocates sought support for a bill that would
require auto makers to install technology in
vehicles to help prevent children from being
accidentally strangled by power windows or backed
over.
Safety advocates say many
vehicles, including sport-utility vehicles and trucks, have blind spots that
can extend as much as 50 feet, making it difficult for drivers to see children
who might crawl behind the bumper or in the path of a vehicle.
"These are accidents
that are preventable if we use the technology that is available," said Rep.
Peter King (R., N.Y.), who introduced the measure with Rep. Jan Schakowsky (D.,
Ill.). |
| |
| October 22, 2004 |
Detroit
News, ""Groups advocate
safer power windows; want tougher rule than
proposal approved by feds" |
Major
consumer groups Thursday asked federal regulators
to reconsider and make tougher a regulation that
would require safer power window designs.
On Sept. 13, NHTSA
issued new rules it said would lead to safer power window switches. Seven children
have died this year after accidentally stepping on or leaning on "rocker" window
switches.
The 11 groups said
the government did not go far enough with the new regulation by failing to require
auto-reverse mechanisms like those featured on garage doors.
Similar power-window retractors are standard equipment on 80 percent
of vehicles in Europe, the groups said. They estimated the technology
would initially cost $50 per vehicle, and be reduced with mass production. |
| |
| September 14, 2003 |
Detroit
News, "Regulators order safer
power window switches; New rules hope to
end kids' deaths" |
Federal
safety officials Monday announced new rules that
will phase out common power window switches that
have been linked to the deaths of eight children
this year. The regulations, which take effect
Oct. 1, 2008, call for automakers to replace
power window switches with safer designs as car
and light truck models are restyled or replaced,
government officials said.
"This regulation
will prevent the tragedy of a child's head or limb being caught in a power window," said
Dr. Jeffrey Runge, head of the National Highway Traffic Safety Administration
("NHTSA").
Consumer and parent groups
have pushed for the change for years. With the extended phase-in period, the
cost to the auto industry - about $50 per vehicle - will be minimal, Runge said.
The new requirements must be implemented by the 2009 model year, but most automakers
already are adopting new switch designs. |
| |
| September 13, 2003 |
USA
Today, "Feds to require safer
window controls" |
Federal
auto safety regulators said Monday that safer
power window switches will be required in all
vehicles by 2008.
The better switches,
already on virtually all foreign vehicles and many U.S. cars and trucks, are
more difficult to unintentionally activate. Consumer group Kids and Cars says
at least 37 children have been killed when they pressed window switches while
leaning out of vehicles. The National Highway Traffic Safety Administration,
which is issuing the rule, and automakers say the numbers are lower.
The rule will ban
so-called rocker or toggle switches -- which make windows go up when they are
depressed -- if they are located on or near armrests. The safer switches are
either pulled up to make windows go up or recessed so they can't be pushed inadvertently. |
| |
| August 4, 2004 |
Los
Angeles Times, "Don't get burned
by your tires this summer; Wear and improper
inflation can lead to dangerous blowouts,
especially when it's hot" |
Everything
is ready for your end-of-summer family vacation.
Or is it? There's one item that is easy to forget
but could have some terrible consequences if
neglected.
Tire pressure. Driving
on bald or under-inflated tires on hot summer days can lead to disaster, auto
safety and tire experts warn. Underinflated tires fail because they overheat,
which leads to the breakdown of the tire's internal structure.
Improper inflation
also can reduce your ability to control your vehicle. Dangerous tire blowouts
occur more during summer months than at any other time of the year, safety advocates
say. If you are traveling in an SUV or pickup truck, the risk can be even greater. |
| |
| June 30, 2004 |
Los
Angeles Times, "Power window reforms
sought in wake of deaths" |
At
least seven children nationwide have died since
March 30 from strangulation or asphyxiation after
their necks were caught by power windows. The
rash of deaths has prompted safety advocates
to increase pressure on Congress to enact measures
that would require vehicles to have safer power-window
switches. "We are devastated by these fatalities," says
Janette Fennell, president of Kids and Cars,
a consumer advocate group that has strenuously
pushed for tougher vehicle safety. "Congress
can stop children from being needlessly killed
by dangerous power windows."
The most recent incidents
occurred June 5, when Yencey Ayala, 3, of Dallas was strangled in the window
of a 2001 Ford F-250 truck. Her mother was sitting in the driver's seat next
to her when the child may have accidentally activated the window with her knee
or foot, according to the family's attorney. He said the child's mother tried
to free her daughter by lowering the window, but had difficulty getting it to
go down. On May 24, Hailee Chappell, 4, of Box Elder, S.D., was killed when her
head got trapped by a power window. Her mother had left her and a younger sister
alone for a few minutes. On April 7, a 6-year-old boy in Albion, Wis., was strangled
in a car window when he and his three siblings were in the backseat of a 1996
Ford Taurus. |
| |
| June 24, 2004 |
Washington
Post, "Car Window Deaths
Anger Safety Groups" |
At
least seven children have died nationwide in
the past three months by getting strangled in
automobile power windows, prompting safety advocates
to charge the auto industry and the government
with dragging their feet in making relatively
simple changes to reduce the danger.
The National Highway Traffic
Safety Administration, the federal agency responsible for monitoring auto safety,
has no rules governing power window safety and no formal way of tracking such
accidents despite examining the issue for several years. A spokesman said the
agency plans to propose a rule requiring safer power windows in about a month,
followed by a comment period and then a phase-in period for industry to comply.
Until the recent unexplained
surge in deaths, power windows were thought to be responsible for only about
two to four child deaths per year, a small fraction of the 43,220 people killed
annually in U.S. traffic accidents. But safety advocates say any such deaths
are unnecessary because they are readily preventable. The problem is primarily
with U.S.-made cars sold in the U.S. market, which traditionally have used "rocker" or
toggle-style switches that can cause power windows to close inadvertently if
someone leans on the switch. |
| |
| June 16, 2004 |
Good
Morning America, "One Wrong Move:
Car Window Switches Can Be Deadly for Children" |
Matthew
Chappell was serving in the Middle East with
the U.S. Air Force when he got the bad news.
His 4-year-old daughter was killed in an accident
involving a car.
But the May 24 accident
in Box Elder, S.D., had nothing to do with a collision. Instead, Hailee Chappell
was caught and killed in a power window.
"It happened so fast
and it's so silent that you don't know," said Jessica Chappell, the girl's
mother. She says she had left Hailee and her little sister, Madison, in the car
for just a few minutes and when she returned she thought Hailee was just playing.
"The next thing I
know I go outside and I see my daughter's hair blowing in the wind," Jessica
Chappell said. "She had rolled her head up in the window."
Theirs isn't the only
sad story. In March, 3-year-old Rian Brandt was killed in Delphi, Ind., by a
power window. In the last year, power windows have killed at least seven more
children, including a 3-year-old Dallas girl on June 6 and a 4-year-old Wisconsin
boy on June 2. The list goes on, and the details of each case are tragically
similar.
Since 1990, power windows
have killed at least 36 children, according to Kids and Cars, a nonprofit group
that tracks auto-safety issues involving children. A 1997 government study by
the National Center for Statistics and Analysis estimated power windows sent
nearly 500 people to emergency rooms in one year, and that half the victims were
small children.
Power windows are no longer
a luxury option. They are equipped in 80 percent of all cars sold today. But
certain power window designs have safety experts concerned they could pose a
life-threatening hazard for children. Car makers say children should never be
left alone in any vehicle, and certainly not one with the keys in the ignition. |
| |
| June 16, 2004 |
The
Auto Channel.com, "Brose
North America Launches Power Window Consumer
Awareness Campaign Educates public on importance
of power window safety in vehicles" |
Brose
North America, Inc., has launched a national
consumer awareness advertising campaign and Web
site (http://www.window-safety.com/ ) focused
on power window safety. The "Do You Protect
What You Value Most?" advertisements educate
consumers on the potential dangers of power windows
in vehicles, and inform them of anti-trap technology
currently available in selected vehicles in North
America.
Vehicle power windows
can cause harm to children by closing with enough force to cause broken arms
or hands, and even lead to suffocation. Anti-trap technology can prevent such
accidents by monitoring window speed and direction by utilizing an indirect detection
system. If an object enters the path of the automatically closing window, the
contact with the object triggers the motor to reverse the direction. Although
this option is available, it is currently installed on less than 10 percent of
automobiles in the United States.
According to non-profit
safety organization Kids and Cars, since 1990 at least 35 children have been
killed and 500 people per year are treated in emergency rooms -- 50 percent of
which are children -- when power windows have closed on them. The organization
states that within the past 67 days, six children have been killed in the United
States as a result of power window accidents. |
| |
| June 16, 2004 |
Tampa
Bay News 10, "Power Window
Dangers" |
Bevin
Maynard is the Childrens Safety Advocate
at St. Josephs Childrens Hospital
in Tampa, and can demonstrate just how much power
there is in a vehicles power window. She
takes a pair of carrots, and flicks the power
window up. Just as the windows hit the top, the
carrots snap.
And sometimes the outcome
is fatal. On May 2, 1998, 2-year-old MacKenzie Dufresne was left alone in her
mothers car for just a few seconds. Her mother turned the key to auxiliary,
so the toddler could listen to a Barney tape.
The child apparently stepped
on a toggle switch, and rolled the window up on her neck, strangling and killing
her.
Mary Kay Staver hopes
her story will convince other parents to be extremely careful with toddlers in
the car. Safety advocates warn never leave a child alone for even a split second. |
| |
| November 9, 2003 |
Chicago
Sun Times, "Power windows'
deadly risk to kids" |
Mitchell
Johnson was antsy, bored and feeling like he
wanted to be just about anywhere but watching
his little brother's school musical program.
He'd seen the program once already, and being
a typical 11-year-old, he just couldn't make
it to the end.
Wanting to stretch his
legs, Mitchell asked his mom if he could grab his basketball out of the car.
Once inside the family's 1998 Buick Regal, Mitchell apparently turned on the
car radio and started eating sunflower seeds.
But as he leaned out the
front driver's side window -- possibly to spit out a sunflower seed shell--Mitchell
apparently hit the power window switch. The window quickly rose, and within seconds
it was closing around Mitchell's neck.
Shortly after, the school
musical ended and Mitchell's mom left the building with the other parents.
She froze when she saw
her car.
There was her Mitchell,
her first-born son, his head poking out the window and the glass closed around
his neck, his body inside the car, motionless.
Sheila Johnson frantically
broke a back window and freed her son, but Mitchell couldn't be revived. He was
pronounced dead at a local hospital.
Mitchell's asphyxiation
death last April in Danville, Ind., was one of the latest in a long string of
fatal accidents linked to power windows.
An automotive convenience
that most people wouldn't consider dangerous, power windows have been blamed
for at least 28 deaths since 1990, most of them children ages 3 and younger.
Hundreds more are injured each year in power window accidents, including kids
who have lost fingers or suffered crushed wrists or hands after the windows quickly
zoomed up, exerting forces of up to 80 pounds in a matter of seconds, according
to reports compiled by Kids and Cars, a Kansas-based advocacy organization.
Now, a coalition of consumer
groups is petitioning the federal government to strengthen the safety requirements
for power windows on vehicles sold in the United States. They say many accidents
could have been prevented by inexpensive safety features that are required by
law on cars sold in Europe but left off many of the models sold in the United
States. |
| |
| August 19, 2003 |
USA
Today, "Group seeks law on
window switches" |
A
child safety advocacy group on Monday will ask
federal regulators to require safer power-window
switches in cars and trucks. It's an effort mostly
aimed at U.S. automakers.
Kids and Cars, a Kansas-based
organization, says that since 1990, at least 26 children have been killed and
at least 26 injured when power windows closed on them.
The problem is rocker
or toggle switches that are pushed down to close a window. That means a child
or a pet can easily activate the window by leaning on the switch. Newer, safer
switches must be pulled up to raise the window.
European countries require
power window switches that must be pulled up to activate. Asian carmakers use
pull-up switches, but U.S. automakers General Motors, Ford Motor and Chrysler
Group still have a mix of the newer switches and the older rocker or toggle switches.
Becky Hergatt, whose 5-year-old
son was nearly choked to death by a power window in June, says she can't understand
why automakers don't install the safer switches.
"It's a hideous way
for a child to die, and it's so preventable," says Hergatt, a Mansfield,
Ohio, nurse and Buick Regal owner.
GM, Chrysler and Ford
say they are phasing in the new switches over the next several years although
they won't commit to putting them in all future vehicles. |
| |
| August 19, 2003 |
USA
Today, "Driven to make cars
safe for kids" |
After
17 years in sales and marketing for Kodak and
personal care product-maker Helene Curtis, Janette
Fennell knows how to sell. But she says she was
a babe in the woods when she started trying to
sell her brand of safety to Detroit automakers
in the late '90s.
Fennell, 49, wasn't driven
to safety advocacy by the deep-seated distrust of big business that so many activists
share. Instead, after she and her husband were carjacked, robbed and locked in
the trunk of their car in 1995, Fennell embarked on a successful campaign to
get trunk releases in cars.
Today, she'll turn up
the heat on Detroit and Washington again with a petition asking regulators to
require safer power window switches in all cars. She wants all car companies
to use switches that can't be activated by a child leaning on them, and she wants
windows that reverse direction, like automatic garage doors, if they hit a person.
"Our vehicles tell
us if we've left our headlights on," Fennell says. "It's ludicrous
that they are putting the blame on parents for things they can design out of
vehicles." |
| |
| April 8, 2004 |
Associated
Press, "Wisconsin 6-Year-Old Dies
In Car Window Accident" |
A
6-year-old Marshall, Wisconsin, boy died Wednesday
after getting stuck in a car window and asphyxiated.
The boy's mother and two other adults left four
children, ages 2-6, alone in the car, which had
an override window function enabled allowing
operation only from the driver's seat. One of
the children went into the driver's seat after
the adults left, and closed a backseat window,
trapping the 6-year-old by the neck, Dane County
officials said.
The children were
eventually able to open the window and the boy fell into the backseat, where
the adults found him unresponsive and took him into the resort where they called
for help, officials said. The adults were gone for about 15 minutes, officials
said. They were inside the resort applying for work. |
|
|
|
| Trademark Notice:
Vehicle Injuries.com is an electronic newsletter from Lieff Cabraser Heimann & Bernstein,
LLP, a national personal injury attorney | lawyer law firm. |
| Lieff Cabraser is not
affiliated in any way with any trademark owner. The use of any trademarks on
this site is for product identification and information purposes only. |
| About Lieff Cabraser:
Drivers and passengers injured in auto crashes and pickup truck and SUV rollover
accidents, or families of loved ones who died, may be eligible to file lawsuits
against other drivers at fault or against the manufacturer of their vehicle if
the accident was due to a safety defect. Safety defects can include a high risk
of rolling
over, tire tread
separation, seat
belt failures and other defects. Learn
more... |
| We have offices in San
Francisco, New York and Nashville.
Our car crash accident lawyers and auto accident attorneys have represented
clients in personal injury, auto accident, SUV rollover and vehicle safety defect
lawsuits across America, including persons living in Alaska, Alabama, Arkansas,
Arizona, California, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii,
Idaho, Illinois, Indiana, Kansas, Kentucky, Louisiana, Massachusetts, Maryland,
Maine, Michigan, Minnesota, Missouri, Montana, North Carolina, North Dakota,
Nebraska, New Hampshire, New Jersey, New Mexico, Nevada, New York, Ohio, Oklahoma,
Oregon, Pennsylvania, Rhode Island, South Dakota, Tennessee, Texas, Utah, Virginia,
Vermont, Washington, Wisconsin, West Virginia and Wyoming. |
| Disclaimer: The
hiring of an auto accident lawyer is an important decision. Please read our attorney
advertising disclaimer. |
|
| Copyright © 2008 Lieff Cabraser Heimann & Bernstein,
LLP |
|
|
|