Morton's Obiter Dictum: October 2009

Saturday, October 31, 2009

Halloween Safety

There are a number of things to consider in order to protect your child or grandchild from harm this Halloween.

1. Visibility.

Remember to remind your child or grandchild regarding what is obvious to you but not necessarily to him or her. It's dark outside and motorists may have difficulty seeing your "goblin" in the dark. For that reason having the children "marked" with reflective tape and/or glow sticks and flashlights is one way to help protect them by making them more visible to motorists. It's also a good idea to talk with them about safety concerning crossing the street, i.e., look both ways before crossing and give adequate time for motorists to see and react to you. Wait for the car to pass or completely stop before crossing in front of traffic.

2. Masks

Inspect the child's mask. If necessary, take a pair of scissiors and enlarge the holes provided for eyes and the nose to help the child see better and/or breathe.

3. Supervise

Don't allow small children to go trick or treating without the supervision of an adult. Strange things happen when children are unsupervised.

4. Check your local registry of Sex Offenders

Many police agencies post on their websites the registration of local sex offenders. To be forewarned is to be forearmed. Offenders are required in most states to keep their porch light off and not to receive trick or treaters but some offenders are not compliant. Knowing where they live and steering clear of those registered is another way to help keep your child or grandchild safe on Halloween. For example, the Ada County Sheriff (of Idaho) has posted a website listing all registered offenders in the county. See, e.g., http://www.adasheriff.org/SexOffenders/

Have a safe and fun Halloween!
_________________________________________

CONTACT INFORMATION: If you or a family member have been injured or damaged due to the fault or responsibility of someone else, an industrial accident or by a dangerous or defective product, drug or toxic substance, contact Alan Morton for a no obligation, free consultation.

For additional information contact:

Alan L. Morton
MORTON LAW OFFICES, CHARTERED
1005 North Eighth Street
Post Office Box 420
Boise, ID 83701-0420
Telephone: 208.344.5555
Toll Free: 866.946.1669 [866.WIN.1.NOW]
Facsimile: 208.342.2509
Email: amorton@mortonlawyers.com
Website: www.mortonlawyers.com

Thursday, October 29, 2009

Target Recalls Halloween Flashlights Due to Burn Hazard

Target has announced the recall of approximately 610,000 Halloween flashlights manufactured by DGI, LLC of Warren N.J. and Tien Hsing of Hong Kong sold exclusively nationwide by Target, because the flashlights may overheat causing the plastic to melt posing a risk of burning the user. The flashlights subject to this recall are two types, namely, a Halloween-themed flashlight/mini-flashlight and a flashlight sold with stencils. The mini flashlights have a key ring extending from the bottom and were sold in a pack of three colors: orange, green and black. The orange and purple packaging has “Mini Flashlights (3 Pack)” printed on the front and “DGI”, “Made in China” and “DPCI# 234-02-1813” printed on the back. The standard size flashlights also have a black handle and an orange top. The flashlights were sold with six stencils in various colors and images: a pumpkin, ghost, spider, cat, witch and skull & cross-bones. “Flashlight with Stencil” is printed on the front and “Tien Hsing,” “Made in China” and ”234 02 1838” is printed on the back of the packaging. The recalled flashlights were sold nationwide from August 2009 to September 2009 for approximately $1.00; the mini-flashlights were sold for $2.50. Consumer should immediately stop using the products and return the product to any Target store for a full refund. For additional information, contact Target at 800.440.0680 between 7 a.m. and 6 p.m. CT Monday through Friday or visit the firm’s website at http://www.target.com/.

_________________________________________

CONTACT INFORMATION: If you or a family member have been injured or damaged due to the fault or responsibility of someone else, an industrial accident or by a dangerous or defective product, drug or toxic substance, contact Alan Morton for a no obligation, free consultation.

For additional information contact:

Alan L. Morton
MORTON LAW OFFICES, CHARTERED
1005 North Eighth Street
Post Office Box 420
Boise, ID 83701-0420
Telephone: 208.344.5555
Toll Free: 866.946.1669 [866.WIN.1.NOW]
Facsimile: 208.342.2509
Email: amorton@mortonlawyers.com
Website: www.mortonlawyers.com

Wednesday, October 28, 2009

SurgeMaster Surge Protectors Recalled by Belkin International, Inc. Due to Shock Hazard

Belkin International Inc., the manufacturer of SurgeMaster™ Surge Protectors, has recalled this product, because the molding on the plastic can crack or detach from the plug assembly posing a shock hazard to consumers. This recall includes the SurgeMaster™ Surge Protector, models F9G930-10, F9G930v10, F9G930-10-W and F9G930-10-SN which were all manufactured in 2003, and sold between September 2003 through December 2007 for approximately $50.00. Consumers are directed to immediately discontinue use of the power strips and contact Belkin for a new replacement unit at 800.952.1465 between 9 a.m. and 5 p.m. PT Monday through Friday or visit the manufacturer's website at www.belkin.com/recall

Monday, October 26, 2009

CPSC Urges Parents and Caregivers to Stop Using “My Baby Soother” Pacifiers Due to Choking Hazard

WASHINGTON, D.C. - The U.S. Consumer Product Safety Commission (CPSC) has issued a notice warning parents and caregivers to immediately stop providing “My Baby Soother” pacifiers to their children. The pacifiers were distributed by T & L Trading Corp., of Brooklyn, N.Y.; the pacifiers failed to meet federal safety standards, because the nipples can separate from the base easily, posing a choking hazard to infants and toddlers. The CPSC is issuing this warning, because T & L Trading has refused to recall these pacifiers. About 16,500 “My Baby Soother” pacifiers were sold at grocery stores, delis, and discount stores in Bronx, Brooklyn, Broadway, and Coney Island of New York from August 2007 through July 2009 for about $1. The “My Baby Soother” pacifier has a ring-shaped handle and a blue, pink, red, white or yellow heart-shaped mouth guard with two ventilation holes. The nipple is made of either silicon or latex. The pacifier package has the words “My Baby Soother” printed on the top and a picture of an infant on the background. Consumers should immediately take the recalled pacifiers away from infants and toddlers and discard them.

Zero Turn Mowers by Toro Recalled Due to Burn Hazard

Toro, the manufacturer of the Zero Turn Mowers, has recalled said products because the coolant overflow container can become over pressurized and cause the coolant to spray on the operator posing a burn hazard. The recall involves liquid-cooled Toro Z Master Z580, Z580-D, Z593-D and Z595-D zero-turn mowers. These units are equipped with fuel-injected, liquid-cooled Kawasaki gasoline or liquid-cooled Kubota diesel engines. The following model numbers and serial numbers are included in the recall are noted at http://www.cpsc.gov/cpscpub/prerel/prhtml10/10704.html

Consumers should immediately stop using the recalled mowers and contact Toro to receive a free repair kit. Toro has directly notified registered owners of this recall. For additional information, contact Toro toll-free at 866.946.3109 from 8 a.m. to 5 p.m. ET Monday through Friday or visit the company’s website at http://www.toro.com/

Cambridge Silversmiths Recalls Flatware Due to Choking Hazard

Cambridge Silversmiths, the manufacturer of Fiesta Masquerade Flatware and Home Olympic Flatware, has recalled said products because the plastic decorative inserts on the handles of the flatware can detach during dishwashing posting a choking hazard to children. This recall involves the Fiesta Masquerade and the Home Olympic 20-piece flatware sets. The Fiesta Masquerade flatware set is silver-colored and the handles have plastic decorative inserts in red, orange, yellow, green and three different shades of blue. The Home Olympic flatware sets are charcoal and the handles have decorative black inserts. The flatware was sold at JC Penney, Federated Department Stores, Bealls and Homer Laughlin from November 2008 through May 2009 for about $70 per 20-piece set; and the Home Olympic set was sold at Target from August 2008 through August 2009 for about $30 per 20-piece set. For additional information, contact Cambridge Silversmiths at 800.890.3366 between 9 a.m. and 5 p.m. ET Monday through Friday or visit the company’s website at www.cambridgesilversmiths.com or email service@cambridgesilversmiths.com
________________________________________

CONTACT INFORMATION: If you or a family member have been injured or damaged due to the fault or responsibility of someone else, an industrial accident or by a dangerous or defective product, drug or toxic substance, contact Alan Morton for a no obligation, free consultation.

For additional information contact:

Alan L. Morton
MORTON LAW OFFICES, CHARTERED
1005 North Eighth Street
Post Office Box 420
Boise, ID 83701-0420
Telephone: 208.344.5555
Toll Free: 866.946.1669 [866.WIN.1.NOW]
Facsimile: 208.342.2509
Email: amorton@mortonlawyers.com
Website: www.mortonlawyers.com

Friday, October 23, 2009

Rechargeable Batteries by Coby Electronics Sold with Portable DVD/CD/MP3 Player Recalled Due to Fire Hazard

Coby Electronics, the manufacturer of the Coby DVD/CD/MP3 Player, has recalled product number TF-DVD-8501 with an 8 1/2 inch screen, because the rechargeable battery has been reported to overheat causing fires. The manufacturer has advised that it has been alerted to multiple reports where the batteries have overheated including a number of reports of fires resulting in property damage. The rechargeable batteries sold with the DVD players have serial numbers that begin with “HY.” The serial number can be found on a white sticker attached to the battery. The name “Coby” is printed on the front cover and the product number is located at the bottom of the unit. Consumers may continue to use the DVD/CD/MP3 players with the AC or DC power adapter, but should immediately discontinue use of the product with the battery. For additional information, contact Coby Electronics at 877.305.2629 between 8 a.m. and 5 p.m. ET Monday through Friday or visit the firm’s website at http://www.cobyusa.com/

Wednesday, October 21, 2009

Coyne's & Co. Recalls Haunted House Screen Candle Holders (Sold by Yankee Candle) Due to Fire Hazard

Coyne's & Co., the manufacturer of Haunted House Screen Candle Holders (depicted in the photograph above)(sold by Yankee Candle), has issued a recall of said product because of reports of the window panes of the screen have ignited posing a fire hazard. This recall involves the haunted house screen tea light holders which consist of black metal with a transparent coating on the glass windows. The measurements of the haunted house are 15-inches wide by 15-inches high by 4-inches deep. The candle holders are designed to hold up to six tea lights. The tea light candles are not involved in this recall. The product is sold exclusively by Yankee Candle stores nationwide and via online at http://www.yankeecandle.com/ between August 2009 and September 2009 for about $25. Consumers should discontinue use immediately and contact Coyne’s & Company or Yankee Candle for a full refund at 800.336.8666 between 8 a.m. and 5 p.m. CT Monday through Thursday or visit the firm’s website at http://www.coynes.com/ or e-mail at custserv@coynes.com

Tuesday, October 20, 2009

Apple & Carrot Flavored Baby Food Recalled by Plum Organics Due to Possible Botulism

Baby food manufactured by Plum Organics has been recalled due to possible botulism poisoning. The recalled products include the manufacturer's Apple & Carrot flavored baby food. The product recalled does not meet FDA requirments and is sold in Toys "R" Us and Babies "R" Us stores nationwide. The recalled product comes in 4.22 oz. pouches with a "best by" date of May 21, 2010. The UPC number is 890180001221.

Sports Themed Lamps Recalled by Wincraft, Inc. Due to Shock, Burn & Fire Hazards

Wincraft Inc. has recalled a rotating sports table lamp that sports logos of various professional and college themed sports teams that rotate 360 degrees so that the logo can be seen due to an electrical problem that pose a hazard of shock, burns and fire. Lamps feature team logos from the NFL, MLB, NBA, NHL, NCAA and NASCAR. The lamps have a black base with a light. The lamps measure about 6 inches wide and 13 inches high. The lamps were sold during August 2009 for approximately $40. Consumers should immediately discontinue using the recalled lamps and contact Wincraft for instructions on how to receive a free replacement lamp at 800.533.8006 between 9 a.m. and 5 p.m. ET Monday through Friday or visit the firm’s website at http://www.wincraft.com/ and/or via email at sseverson@wincraft.com

Zero Motorcycles Recalls Off-Road Motorcycles Due to Crash Hazard

Zero Motorcycles, the manufacturer of the 2009 Zero X and Zero MX Off-Road Motorcycles, has recalled the aforesaid products and recommends that consumers immediately discontinue the use of same because the throttle can become stuck in the open position or become disconnected. While in the "Easy" or the "0 -25" mode, this can result in loss of control and serious injury to the rider due to unexpectedly reaching full power when turning on the power. The manufacturer advises that it has received reports of unexpected acceleration resulting in injuries to the rider. The recalled motorcycles are white with the Zero name and logo printed on the battery. Zero has dealers nationwide and sold the recalled products from December 2008 to August 2009 ranging in price between $7,500 and $8,300. For additional information, contact Zero Motorcycles toll-free at 888.786.9376 or 888.RUN-ZERO between 8:30 a.m. and 5 p.m. PT Monday through Friday or visit the manufacturer's Website at http://www.zeromotorcycles.com/

Sunday, October 18, 2009

Time to Inspect Your Home to Minimize Your Risk of Home Heating Fires

With colder weather upon us, it's time to have your home heating system inspected by a qualified home heating repair specialist and/or inspector. Each year some home heating systems fail, and people and their homes are exposed to the risk of injury and death caused by fire and/or carbon monoxide. According to the National Fire Protection Association, home heating systems are the number one cause of fire in the home during the months of December, January and February (and trails only to fires caused by cooking in the home during the entire year). A study conducted in 2006, found that 73% of home heating deaths; 43% of all injuries and 51% of all property damage caused by home heating fires were due to stationary or portable space heaters. See http://www.nfpa.org/assets/files/PDF/heatingfull.pdf. In that same year, there was an estimated 61,400 reported fires due to home heating systems; 1,400 civilian injuries and $943 Million in property damage. Id.

Inspecting your home by a home heating specialist can ascertain hazards in your home including potential fire hazards and carbon monoxide threats. If you have a washer and dryer, it's also a good idea to check the external vent. Sometimes the vent leading to the outside of the home can become clogged and pose a fire hazard. A home heating specialist can check your vents and furance to determine wheter any repairs need to be done to protect your home and family from fire and other hazards to avoid your family and you becoming a statistic this winter.

Saturday, October 17, 2009

Vatran's Fine Foods, Inc. Recalls 11,500 lbs of Meat/Poultry Products Due to Lack of Proper Federal Inspection

Vatran's Fine Foods, Inc. has recalled approximately 11,500 pounds of various meat and poultry products due to having failed to submit the products to proper federal inspection as mandated by law. The following products are subject to recall:

Montibella Sausage Company Brand:
12-ounce packages of "MONTIBELLA SAUSAGE COMPANY Naturally Smoked, Fully Cooked Chicken Apple Sausage with Potato." Each product bears the establishment number "P-34334" inside the USDA mark of inspection.
Assorted weight packages of "MONTIBELLA SAUSAGE COMPANY Fully Cooked Chicken Sausage with Potato, Jalapeno, and Cilantro." Each product bears the establishment number "P-34334" inside the USDA mark of inspection.
Assorted weight packages of "MONTIBELLA SAUSAGE COMPANY Spicy Turkey Sausage with Potato NO NITRATES NO PRESERVATIVES." Each product bears the establishment number "P-34334" inside the USDA mark of inspection.
12-ounce packages of "MONTIBELLA SAUSAGE COMPANY Naturally Smoked, Fully Cooked Garlic Chicken Sausage with Potato and Sweet Fire Roasted Peppers." Each product bears the establishment number "P-34334" inside the USDA mark of inspection.
12-ounce packages of "MONTIBELLA SAUSAGE COMPANY Naturally Smoked, Fully Cooked Lemon Chicken Sausage with Potato." Each product bears the establishment number "P-34334" inside the USDA mark of inspection.
Assorted weight packages of "MONTIBELLA SAUSAGE COMPANY Naturally Smoked, Fully Cooked Lamb Sausage with Potato and Sundried Tomato." Each product bears the establishment number "EST. 34334" inside the USDA mark of inspection.
Assorted weight packages of "MONTIBELLA SAUSAGE COMPANY Naturally Smoked, Spicy Pork Sausage with Potato." Each product bears the establishment number "EST. 34334" inside the USDA mark of inspection. Vatrans's Brand:
16-ounce packages of "Vatran's Original Pork & Garlic Sausage." Each product bears the establishment number "EST. 34334-M" inside the USDA mark of inspection.
5-pound packages of "Vatran's BEEF HOT LINKS." Each product bears the establishment number "EST. 34334-M" inside the USDA mark of inspection.
16-ounce packages of "Vatran's LOUISINANA BRAND ANDOUILLE SAUSAGE - MADE IN CA." Each product bears the establishment number "EST. 34334-M" inside the USDA mark of inspection.
16-ounce packages of "Vatran's MAMA MIA CURED ITALIAN SAUSAGE MILD." Each product bears the establishment number "EST. 34334-M" inside the USDA mark of inspection.
16-ounce packages of "Vatran's LARDO (Pork Back Fat)." Each product bears the establishment number "EST. 34334-M" inside the USDA mark of inspection.
16-ounce packages of "Vatran's Veal Frankfurter." Each product bears the establishment number "EST. 34334-M" inside the USDA mark of inspection.
16-ounce packages of "Vatran's Traditional Smoked Bratwurst Sausage." Each product bears the establishment number "EST. 34334-M" inside the USDA mark of inspection.
5-pound packages of "Vatran's ARTISAN LINGUISA." Each product bears the establishment number "EST. 34334-M" inside the USDA mark of inspection.
16-ounce packages of "Vatran's FULLY COOKED PORK CILANTRO/JALAPEÑO SAUSAGE with PINEAPPLE & MANGO." Each product bears the establishment number "EST. 34334-M" inside the USDA mark of inspection.
16-ounce packages of "Vatran's GOLDEN GATE KIELBASA WITH ROASTED RED PEPPERS + SUN-DRIED TOMATOES."

Each product bears the establishment number "EST. 34334-M" inside the USDA mark of inspection. *PLEASE NOTE: This product list may not be inclusive of all products subject to this recall. There may be additional products in commerce that bear one of the following establishment numbers: "EST. 34334," "P-34334," or "EST. 34334-M."The meat and poultry products were produced on various dates ranging from March 2009 through October 2009, and were distributed to retail stores in the San Joaquin Valley area in California. If available, the retail distribution list(s) will be posted on the FSIS website at http://www.fsis.usda.gov/FSIS_Recalls/Open_Federal_Cases/index.asp.

Consumer inquiries concerning this recall should be directed to the company Plant Manager, Peter Vatran, at 209.833.7755. or to the toll-free USDA Meat and Poultry Hotline at 888.674.6854 from 10 a.m. to 4 p.m. (ET) Monday through Friday.

Friday, October 16, 2009

Idaho Requires Sexual Offenders to Register

Parents should take note that sexual offenders are required in most states (Idaho accord) to register their name and address with local authorities. The Ada County Sheriff's Office publishes the names, photos and addresses of registered offenders to assist parents and their families in being able to identify such offenders in the area. If you see a registered offender in or near a school, park or playground or near where children are assembled, I encourge you to contact the authorities. It's also imporant to take the time to check out your neighborhood listing of offenders with the sheriff's office to insure that such offenders are identified in order to protect your children. The Ada County website for registered sexual offenders is located at http://www.adasheriff.org/SexOffenders/ To be forewarned is to be forearmed.

Parents - Check the Public Restrooms Before Allowing Your Children to Use Them

Recently, a man described as a frequent customer at a local coffee shop near a mall in Boise, Idaho was accused and arrested for attempting to videotape women using the public restroom. The accused was to have allegedly placed a video camera on a shelf in the the bathroom and used it to record a female customer. The accused has been charged with video voyeurism and burglary. Let this be a warning to parents to take the initiative and check out the public facilities before allowing the children to use them in order to protect them and keep them from harm's way. Although the accused has a presumption of innocence; let this be a warning to parents to be vigilant in being alert as to any miscues that appear out of sorts and to inform the authorities where there is any suspicious activity or conditions present. Our children are our greatest resource, and we must be vigilant in protecting them from predators who hide and lay in wait to take advantage of others.

Quatum Office Chairs Sold at Office Depot Recalled Due to Fall Hazard

Quantum Office Chairs manufactured by Raynor Marketing, LTD and sold exclusively at Office Depot Stores have been recalled, because the bolts that attach the seatback can loosen and become detached which may result in the consumer falling creating injury. The product in question is a Quantum Realspace PRO 9000 Series Mid-Back Multifunction Mesh Chair and Multifunction Mesh Chair with Headrest. Approximately 150,000 chairs have been sold nationwide. The manufacturer has received reports of chairs failing causing injuries. Consumers should immediately discontinue use of the chairs and contact the manufacturer for a repair kit without charge. For additional information and to receive a free repair kit, contact Raynor toll free at 866.244.8180 between 9 a.m. and 5 p.m. ET Monday through Friday or visit the manufacturer's website at www.Quantumchair.com/recall
_________________________________________

CONTACT INFORMATION: If you or a family member have been injured or damaged due to the fault or responsibility of someone else, an industrial accident or by a dangerous or defective product, drug or toxic substance, contact Alan Morton for a no obligation, free consultation.

For additional information contact:

Alan L. Morton
MORTON LAW OFFICES, CHARTERED
1005 North Eighth Street
Post Office Box 420
Boise, ID 83701-0420
Telephone: 208.344.5555
Toll Free: 866.946.1669 [866.WIN.1.NOW]
Facsimile: 208.342.2509
Email: amorton@mortonlawyers.com
Website: www.mortonlawyers.com

Thursday, October 15, 2009

Milbank Manufacturing Recalls Single Meter Sockets Due to Electrocution/Fire Hazards

Milbank Manufacturing Co., the manufacturer of single meter sockets, has recalled the product due to a short circuit that can occur while in use as a result of an incorrect bridge installed in the product to which the meter clips are attached. If the manufacturing defect exists in the consumer's product, all metal parts to the touch could result in electrocution and significant burns if the cover is off and the meter socket is energized. The product description is a "single meter 200 amp/4 terminal sockets are used for underground utility meter installations. The meter socket is 20 3/4 inches high by 9 inches wide and 4 1/2 inches deep with 1 meter position." The product is designed to be used by an approving utility to mount the electric meter to measure how much electricity is used by a residence. It can be used for an underground residential application. The recalled model number 9090 appears on the right or left side of the installed meter socket. If not installed, model numbers U9090-O or R9090-O will appear on the label on the outside of the box. Consumers should stop using the recalled product immediately and contact the electrical supply contractor who installed the sockets. Consumer may also call Milbank Manufacturing’s Sales Engineer toll-free at 888.537.0881 between the hours of 8 a.m. and 4 p.m. CT Monday through Friday and/or visit the company’s website at http://www.milbankmfg.com/Recall/RecallForm.aspx
_________________________________________

CONTACT INFORMATION: If you or a family member have been injured or damaged due to the fault or responsibility of someone else, an industrial accident or by a dangerous or defective product, drug or toxic substance, contact Alan Morton for a no obligation, free consultation.

For additional information contact:

Alan L. Morton
MORTON LAW OFFICES, CHARTERED
1005 North Eighth Street
Post Office Box 420
Boise, ID 83701-0420
Telephone: 208.344.5555
Toll Free: 866.946.1669 [866.WIN.1.NOW]
Facsimile: 208.342.2509
Email: amorton@mortonlawyers.com
Website: www.mortonlawyers.com

Parents - Never Underestimate What Your Child Can Do!

Parents need to monitor their children's activities and never underestimate what they can do. Today (10/15/09) a 6 year old from Laramie County, Colorado climbed into an experimental aircraft (balloon) alone and launched the aircraft into Colorado skies. At current reports, he climbed to an altitude of 7,000 feet. Parents can't take for granted what children may and can do. We talk about child proofing our homes to protect children from themselves but oftentimes we as parents and grandparents fail to think ahead of the "what ifs" when it comes to children and their creativity, ingenuity and mischief. Locking up guns, keeping keys away from children concerning vehicles and locking up harmful substances are just the basics. But a reminder ... take an inventory of your home of the "unsafe" conditions that may result in injury to a child and address it. The life you save may be that of a loved one. Hopefully, this story won't end in a tragedy.

UPDATE: This afternoon (10/15/09) the boy in question in the aforementioned story was found safe and sound hiding under a cardboard box in an attic. However, a word to the wise to all of us who are parents and grandparents - we need to be vigilant in checking for hazards in and around our homes to protect our children from harm's way. Sometimes familiarty with one's environment dulls the senses and appreciation to risks of harm of situations that may not be harmful to adults but potentially harmful to little ones.

_________________________________________

CONTACT INFORMATION: If you or a family member have been injured or damaged due to the fault or responsibility of someone else, an industrial accident or by a dangerous or defective product, drug or toxic substance, contact Alan Morton for a no obligation, free consultation.

For additional information contact:

Alan L. Morton
MORTON LAW OFFICES, CHARTERED
1005 North Eighth Street
Post Office Box 420
Boise, ID 83701-0420
Telephone: 208.344.5555
Toll Free: 866.946.1669 [866.WIN.1.NOW]
Facsimile: 208.342.2509
Email: amorton@mortonlawyers.com
Website: www.mortonlawyers.com

Ford Initiates Largest Recall in Company's History of 14.1 Million Vehicles For Faulty Switch Leading to Hundreds of Vehicle Fires

Ford Motor Company has initiated its largest single recall in the company's history to date due to a faulty switch that has allegedly caused hundreds of fires in its vehicles. The vehicles recalled include the 1995-2003 Winstar; 2000-2003 Excursion; 1993-1997 & 1999-2003 F-Super Duty Pickup; 1992-2003 Econoline; 1995-2002 Explore & Mercury Mountaineer; 1995-1997 & 2001-2003 Ranger and 1004 F53 vehicles. Each of the vehicles are equipped with a Texas Instruments Speed Controll Deactivation Switch (SCD) which may leak internally, overheat, smoke and burn causing a vehicular fire. The switch has been allegedly linked to over 550 vehicular fires and 1,500 complaints as well as a number of suspicious deaths. The aforementioned recall involves approximately 4.5 million vehicles, however, Ford advised that it will recall all of the 14.1 million vehicles with the switches still on the road although Ford states it does not believe they pose a threat in 3.4 million vehicles. Consumers should not park any of the vehicles in a garage or near their home until repairs are effecutated. For more information, call Ford Motor Company toll free at 888.222.2751 or visit the manufacturer's website at http://www.ford.com/dynamic/metatags/article-detail/224-speed-control-deactivation-switch-recall-09s09.

Wednesday, October 14, 2009

Moser Enterprises Recalls Schwalbe Brand Bike Tires Due to Fall Hazard

Moser Enterprises has recalled about 5,000 Schwalbe brand bicycle tires due to a fall hazard arising from tire layers separating causing the rupture of the inner tube. This recall includes Schwalbe Ultremo R bicycle tires. “Schwalbe” and “Ultremo R” are printed on the sidewall of the tires. Consumers should immediately stop using bicycles with the recalled tires and contact their local bicycle dealer for a free replacement set of tires. For more information call Moser Enterprises at 888.700.5860 from 9 a.m. to 5 p.m. PT Monday through Friday or visit the firm’s website at http://www.schwalbetires.com/ultremo_warning_home
_________________________________________

CONTACT INFORMATION: If you or a family member have been injured or damaged due to the fault or responsibility of someone else, an industrial accident or by a dangerous or defective product, drug or toxic substance, contact Alan Morton for a no obligation, free consultation.

For additional information contact:

Alan L. Morton
MORTON LAW OFFICES, CHARTERED
1005 North Eighth Street
Post Office Box 420
Boise, ID 83701-0420
Telephone: 208.344.5555
Toll Free: 866.946.1669 [866.WIN.1.NOW]
Facsimile: 208.342.2509
Email: amorton@mortonlawyers.com
Website: www.mortonlawyers.com

SI Tech AB Recalls Diving Suit Hoses Due to Drowning Hazard

SI Tech AB recalled various diving suit hoses due to a drowning risk caused by a hose containing an insert that make dislodge during diving and restrict air flow to the diver. This recall involves approximately 65,000 units sold. The dry suit inflation hose connects to the diver's dry suit and allows for the pumping of air into the suit. The hose contains an air flow restricting insert that may be either black, blue or green in color. The batch code is stamped on the threaded metal end of the hose. They were sold with dry suits and also sold separately. Contact SI Tech for a list of batch codes included in this recall at www.sitech.se or call SI Tech at 877.348.3529 or via e-mail at recall@sitech.se.

Electra Bicycle Co. Recalls Bikes with Front Trays & Baskets That Can Come Loose & Pose Fall Hazard

Electra Bicyle Company has recalled approximately 6,400 bicycles, because the front tray and/or basket can come loose and make contact with the front tire creating a risk or hazard to riders causing them to fall. The bikes in question including the 2009 Delivery 3i, Delivery 8D, Holiday 3i, Holiday 8i and Surf 3i bicycles. Each of the bikes come with front-mounted trays or baskets. The trays have an alloy frame with wooden slats. The baskets are wicker with a removable tote bag. For additional information call Electra Bicycle at 800.261.1644 between 9 a.m. and 5 p.m. PT Monday through Friday or visit the firm’s website at http://www.electrabike.com/recall.html
_________________________________________

CONTACT INFORMATION: If you or a family member have been injured or damaged due to the fault or responsibility of someone else, an industrial accident or by a dangerous or defective product, drug or toxic substance, contact Alan Morton for a no obligation, free consultation.

For additional information contact:

Alan L. Morton
MORTON LAW OFFICES, CHARTERED
1005 North Eighth Street
Post Office Box 420
Boise, ID 83701-0420
Telephone: 208.344.5555
Toll Free: 866.946.1669 [866.WIN.1.NOW]
Facsimile: 208.342.2509
Email: amorton@mortonlawyers.com
Website: www.mortonlawyers.com

Tuesday, October 13, 2009

Acer Recalls 13.3-in Notebooks Due to Overheating

Acer has announced the recall of five of its 13.3-inch ultra-thin notebook models due to defective assembly that causes the microphone cable to overheat and become too hot causing the systems to become deformed and malfunction. The models in question are the AS3410, AS3810T, AS3810TG, AS3810TZ and AS3810TZG. Consumers are directed to contact Acer at http://customercare.acer-euro.com/customercare/AcerUpdate.aspx?CID=US&LID=ENG&IType=JM31 to determine if your serial number is affected in this recall.

Monday, October 12, 2009

FDA Files Complaint Against Ready-to-Eat Sandwich Maker for Selling Adulterated Foods

The U.S. Department of Justice, for and on behalf of the U.S. Food and Drug Administration (FDA), filed a complaint seeking a permanent injunction against a Ready-to-Eat Sandwich Manufacturer, Rel's Foods, Inc. (Rel's) in order to prevent the company from manufacturing or seeling adulterated food products. The company makes and sells a variety of sandwiches to sell at convenience stores, mini-marts, deli markets liquor stores and gas stations in the Southwest particularly in Nevada and California. The complaint alleges that the company has had extensive history of operating under insanitary conditions selling food contaminated with Listeria monocytogenes (L. mono). Listeriosis, the illness caused by L. mono, can cause fatal infections in young children, the elderly, and individuals with weakened immune systems, and pregnant women may suffer miscarriages or stillbirths as a result of the infection. The complaint further alleges that FDA investigators have found L. mono inside Rel's production facility on numerous occasions since 2002. Additionally, routine laboratory testing by the Department of Defense and the California Department of Public Health, Food and Drug Branch (CFDB) found L. mono in the company's processing plant and finished sandwiches. Based on recent laboratory analyses, CFDB has embargoed and seized all in-process and finished products inside the facility. Inspections have further revealed that the company repeatedly violated the current Good Manufacturing Practice (cGMP) requirements for the preparation and selling of food. Investigators also found poor employee sanitation practices and inappropriately maintained facility and manufacturing equipment, including excessive condensation dripping onto food contact surfaces. Consumers who have eaten the products and who experience symptoms such as high fever, severe headache, stiffness, nausea, abdominal pain, and diarrhea, should contact their health care professional. Consumers can report problems with FDA-regulated products to their district office consumer complaint coordinator.

Sunday, October 11, 2009

US Army Corp of Engineers Identifies Missle Sites Contaminated by TCE, a Known Carcinogen

Fifty years after the U.S. began the deployment of nuclear missiles in missle silos in rural America, the U.S. Army Corp of Engineers has begun identifying and cleaning up former nuclear missle sites in 9 states contaminated with trichloroethylene (TCE), a cleaning agent that was used to keep the missles clean and ready for deployment on short notice. In 1989, the Environmental Protection Agency (EPA) identified TCE as one of several carcinogentic agents of which high exposures may cause nervous system problems, liver and lung damage, abnormal heartbeat, coma, cancer and death.

The IBCM missile sites include 14 in Kansas, 10 in Nebraska, seven in Wyoming, seven in Colorado and two in Oklahoma. California, New Mexico, New York and Texas have one contaminated site each. The Total cleanup costs are projected to be $400 million, according to the US Army Corp of Engineers

TCE may have polluted many more missile sites than the corps is aware of.

The corps has evaluated a total of 395 former ICBM and Nike missile sites since the Formerly Used Defense Sites, or FUDS, program began in the early 1980s. But the corps didn't identify TCE as a high priority until the Environmental Protection Agency adopted a drinking water standard for the chemical in 1989.

The most common use for TCE -- especially in decades past, before it was identified as toxic -- was as a degreaser and lubricant. TCE also has been used in model airplane glue, typewriter correction fluid and dry-cleaning chemicals.

The National Toxicology Program has determined that TCE is "reasonably anticipated" to be a human carcinogen and the International Agency for Research on Cancer has said that TCE is "probably carcinogenic" in people. Large-scale studies of health effects from TCE in drinking water, however, have been inconclusive. In southeast Wyoming and northern Colorado, the corps has identified TCE pollution at 11 former Atlas D and Atlas E missile sites that were overseen by F.E. Warren Air Force Base before being decommissioned and sold off in the mid-1960s. Most of those sites are remote, making them low priorities for cleanup.

One site north of Fort Collins, Colo., is close to a river. An environmental group says a planned reservoir that would partly cover the site could contaminate the Poudre River and municipal water supplies downstream. If the TCE plume gets to the river, it will be a dangerous chemical pollutant that the water providers have to deal with," said Gary Wockner with SaveThePoudre.org.

The city of Cheyenne has been using four water wells about 10 miles west of town and eight miles east of the second ICBM site that was built in the American heartland. The wells are located within an unusually large, eight-mile-long plume of TCE within the Ogallala Aquifer.
TCE was first detected in the city wells in the 1990s but levels mostly remained below the EPA's drinking water standard of 5 parts per billion. Aeration at the city's water treatment plant broke down the TCE and made it undetectable in the city's drinking water, said plant manager Bud Spillman.

In areas where Until the cleanup is completed and the water certified as clear of TCE or within acceptable limits, the consumer should consider other sources of drinking water such as bottled water.

Saturday, October 10, 2009

Bathtubs, Bath Seats and Buckets Pose an In-Home Drowning Hazard to Children

Albeit the conclusion of the outdoor swimming/pool season has drawn to a close, there still remains a threat of in-home drownings to young children. Children under 5 years of age have drown at home in bathtubs, baby seats, buckets and other products, and according to the Consumer Product Safety Commission (CPSC), 90 children were reported to have drowned over a 3 year period this decade (2003-2005). Of those 90 children younger than 5 years old, 62% of the children died in a bathtub; 15% died in a bathinette or baby seat, 11% drowned in a bucket or paid; 6% drawned from landscapting or yard products and 4% drowneed from other products.

There was an annual average of an additional 39 reports during 2005 to 2007 of non-fatal submersion incidents using the same products. The majority of the drownings occur with children 2 years of age or young.

he end of outdoor swimming and pool season doesn’t mean the end of drowning dangers for young children. After pools, more children drown in bathtubs than in any other product in and around the home.

Anytime there is water present, there is a risk or hazard associated with water and young children should never be left unsupervised when in or around bathtubs, bath seats or buckets.

The CPSC recommends that the following safety tips when children are in or around bathtubs, bath seats, buckets, spas, or decorative ponds or fountains, namely:

Never leave young children alone, even for a moment, near any water. Young children can drown quickly in even small amounts of water.
Always keep a young child within arm's reach in a bathtub. If you must leave, take the child with you.

Don't leave a baby or toddler in a bathtub under the care of another young child.
Never leave a bucket containing even a small amount of liquid unattended. Toddlers can fall headfirst into buckets and drown.
After using a bucket, always empty and store it where young children cannot reach it.
Don’t leave buckets outside where they can collect rainwater.
Learn CPR (cardiopulmonary resuscitation). It can be a lifesaver when seconds count.

The figures cited above and other data on non-pool and non-spa submersion
incidents can be found in CPSC’s 2008 Submersions Related to Non Pool and Non Spa Products (PDF), which includes the latest available data: fatalities for 2003-2005 and non-fatal incidents for20 05-2007. Fatality and injury data differ due to a lag in reporting fatalities.Pool and spa related injuries and fatalities are presented in other submersion reports. For more information, see www.cpsc.gov/library/data.html
_________________________________________

CONTACT INFORMATION: If you or a family member have been injured or damaged due to the fault or responsibility of someone else, an industrial accident or by a dangerous or defective product, drug or toxic substance, contact Alan Morton for a no obligation, free consultation.

For additional information contact:

Alan L. Morton
MORTON LAW OFFICES, CHARTERED
1005 North Eighth Street
Post Office Box 420
Boise, ID 83701-0420
Telephone: 208.344.5555
Toll Free: 866.946.1669 [866.WIN.1.NOW]
Facsimile: 208.342.2509
Email: amorton@mortonlawyers.com
Website: www.mortonlawyers.com

Wednesday, October 7, 2009

Idaho Prosecutor Taking Bold Move to Stop Texting While Driving

Supplementing my earlier blogs and posts regarding this subject (texting while driving - see http://morton-law.blogspot.com/2009/08/texting-while-driving-video-warning.html and http://morton-law.blogspot.com/2009/08/new-data-from-vtti-provides-insight.html), a prosecuting attorney from Canyon County, Idaho has been reported to have announced an intention to prosecute drivers who are ticketed for driving inattentively while texting and simultaneoulsy operating a motor vehicle. See http://www.idahostatesman.com/newsupdates/story/927630.html.

Data suggests from an earlier study conducted this year that texting while driving is akin to driving under the influence of alcohol or other illegal substances. See http://www.vtti.vt.edu/PDF/7-22-09-VTTI-Press_Release_Cell_phones_and_Driver_Distraction.pdf

This isn't akin to chewing gum and walking. Texting requires concentration and attention. When a driver's eyes are diverted to another task such as texting, the focus and attention of the driver is diverted away from driving and is an unsafe situation. Hence, if a driver loses control of a vehicle which results in the vehicle crashing into another or a driver is otherwise unable to maintain course and speed in a legal and lawful manner due to the driver's attention being diverted from the roadway due to the receiving or sending text messages under the law the officer and prosecutor have discretion to charge the driver with inattentive driving in my opinion. Hopefully, the Idaho Legislature will take this issue up again. Texting and driving is an unsafe practice. In some cases, perhaps the situation of texting and driving a motor vehicle may be reckless depending on the circumstances. An occassional glance to a phone to ascertain the identity of a caller is distinguishable from texting. Texting requires greater time and attention to the task at hand. Therefore, the safest tactic is for the driver to defer receiving and sending text messages while operating a motor vehicle. A vehicle traveling at a speed of 30 mph is traveling at a rate of 44 feet per second. A vehicle traveling 45 mph is traveling at a rate of 66 feet per second. Hence, a person texting for 5 seconds traveling at a rate of 45 mph has traveled 330 feet or 110 yards (well over the distance of a football field). If a child is riding a bicycle on the right side of the road and the vehicle travels to the right due to the fact that the driver is preoccupied with texting - game over for the bicyclist. Respectfully, it's time for the Idaho Legislators to wake up and smell the coffee; it's time for the state legislature to make texting illegal while operating a motor vehicle.

Medical Malpractic Insurers' Profits Higher than Nearly All Fortune 500 Companies

The following article is published by the Washington Reporter, entitled, "Medical Malpractice Insurers' Profits Higher Than Nearly All Fortune 500 Companies" by Daphne Eviatar.

The American Association for Justice, the trial lawyers’ lobby group, has an astounding statistic: medical malpractice insurance companies’ average profits are higher than those of 99 percent of Fortune 500 companies.
As the nation remains mired in a debate over health care reform and how to keep down the costs of expanding coverage, AAJ is trying to point out that Republicans claims that medical malpractice lawsuits are one of the big cost drivers is completely misleading. In fact, though malpractice claims and so-called “defensive medicine” does account for a small percentage of unnecessary costs, medical errors and the astronomical profits of malpractice insurers appear to be a bigger part of the problem.
AAJ’s report released today finds that the average profit of medical malpractice insurance companies is higher than 99 percent of all Fortune 500 companies and 35 times higher than the Fortune 500 average for the same time period; and malpractice insurers have seen their profit margins range from 5.9 percent to 74.8 percent, with an average of 31.2 percent. The report also finds that malpractice insurers have publicly overestimated their losses and underestimated their profits in an attempt to suggest the insurance business and medical practice in general faces a crisis that must be resolved by so-called “tort reform” — i.e., making it harder for patients to sue and to collect damages for their injuries.
Insurance companies are gouging doctors on their premiums to mislead lawmakers,” said American Association for Justice President Anthony Tarricone, managing partner at Kreindler & Kreindler LLP, in a statement released with the report. “And today, injured patients are often left with no avenue to pursue justice, while health care costs continue to skyrocket.

The problem with past legislation entitled tort reform is that the legislative measures constituted a disconnect between the "cure" and the problem. The problem is that medical providers are being gouged by medical malpractice insurers.

Previously auto insurers would base their premiums on matters including a consumer's credit rating, but a credit rating has nothing to do with a person's driving or risk in getting into an accident. Reforms were necessary to curb this abuse.

Only 2% of premiums are associated with litigation experience.

It's time that we focus on medical malpractice "insurance" reform. In the face of heinous profits, doctors and medical providers are being gouged by insurance carriers. It's time we focus on the real problem - not hurting consumers who are the victim of medical malpractice, but rather the insurance carriers who are unfairly basing premiums on matters other than true risk in the market and making them report their profits to the bodies that regulate same including the departments of insurance. It is time for reform, but the reform should be regarding medical malpractice insurance and not the victims to which the insurance are designed to make whole in the event of catastrophic loss due to errors and omissions.
_________________________________________

CONTACT INFORMATION: If you or a family member have been injured or damaged due to the fault or responsibility of someone else, an industrial accident or by a dangerous or defective product, drug or toxic substance, contact Alan Morton for a no obligation, free consultation.

For additional information contact:

Alan L. Morton
MORTON LAW OFFICES, CHARTERED
1005 North Eighth Street
Post Office Box 420
Boise, ID 83701-0420
Telephone: 208.344.5555
Toll Free: 866.946.1669 [866.WIN.1.NOW]
Facsimile: 208.342.2509
Email: amorton@mortonlawyers.com
Website: www.mortonlawyers.com

Ocean Technology Systems Recalls Guardian Full-Face Diving Masks Due to Visor Separation Hazard

Undersea Systems International, Inc. doing business as Ocean Technology Systems has recalled its Guardian Full-Faced Masks due to reports that the clear plastic visor has dislodged causing the mask to flood if significant pressure is applied vertically to the top and bottom of the visor clamp. The recall includes the Guardian full-face mask along with the second stage regulator that goes into the mask which provides for the diver's full face to be covered by the mask. The masks were sold nationwide via direct sales and through diving equipment retailers from March 2009 to August 2009 for a cost of approximately $800. Consumers are directed to immediately discontinue the use of the diving masks and contact Ocean Technology systems to receive a free repair by contacting Ocean Technology Systems. Ocean Technology Systems will send the consumer the stainless steel clamps to secure the plastic visor. For additional information, contact Ocean Technology Systems toll-free at 877.270.1984 anytime or visit the firm’s website at www.otscomm.com. Consumers may also email the firm at OTSrecall@otscomm.com

Tuesday, October 6, 2009

Dasco California LLC has Recalled Wooden Toys Due to a Choking Hazard

Daiso California LLC, the importer and distributer of children's toys, has recalled various wooden toys manufacturered in China and imported to the United States, because the toys have small parts that can break, detach and pose a choking hazard to young children. The recall is of four models of Daiso wooden toys including a Penguin Handbell, Pull Doll, Alligator Pull Toy and Rolling Animals depicted above. The Penguin Handbell has a small metal bell inside its hollow interior. The Pull Doll's limbs move up and down when the string is pulled. The Alligator Pull Toy is green and yellow will move in an undulating fashion when pulled. The Rolling Animals are in the forms of a dog, rabbit, cat and mice, and their tails are connected to their bodies by metal springs. Daiso is printed on the product's packaging. Consumers should immediately take the recalled toys away from children and contact Daiso for a free replacement toy or a full refund by contacting Daiso toll free at 888.580.8841 between 9:30 a.m. and 6:30 p.m. PT, Monday through Friday, or by contacting the firm's Web site at http://www.daisorecall.com/.

Daiso Recalls Various Toys, Purses and Pen Cases Due to Lead Paint and Phthalate Limit Violations

Daisco California, LLC has recalled a number of children's toys, purses and pen cases due to excessive levels of lead and DEHP (phthalate). The toys include the shape of children’s purses in the form/shape of the head of a lion, frog or bear; children’s purses with rainbow stripes on the exterior of the purse; children’s pen cases shaped like a piece of candy with stitching thereon that says: “cool ice cream,” “sweet cake,” or “fad hamburger” on the front; and inflatable baseball bats with “Home Run” printed on the side. Daiso is printed on the product’s packaging. Daiso is printed on the product’s packaging. The products were sold at Daiso Stores from March 2008 to May 2009 and range between $1 to $4. Consumers should immediately take the recalled products away from children and contact Daiso for a free replacement product or a full refund. For more information, contact Daiso toll-free at 888.580.8841 from 9:30 a.m. to 6:30 p.m. PT Monday through Friday, or visit the firm's website at http://www.daisorecall.com/
_________________________________________

CONTACT INFORMATION: If you or a family member have been injured or damaged due to the fault or responsibility of someone else, an industrial accident or by a dangerous or defective product, drug or toxic substance, contact Alan Morton for a no obligation, free consultation.

For additional information contact:

Alan L. Morton
MORTON LAW OFFICES, CHARTERED
1005 North Eighth Street
Post Office Box 420
Boise, ID 83701-0420
Telephone: 208.344.5555
Toll Free: 866.946.1669 [866.WIN.1.NOW]
Facsimile: 208.342.2509
Email: amorton@mortonlawyers.com
Website: www.mortonlawyers.com

Blog Archive