The Kickham Comment - Boston Accident Lawyer Blog

I’m not someone who faults people or organizations for making mistakes. We all make mistakes. But what I find appalling, is the continued and unabated nature of so many businesses – usually big business – to ever learn from those mistakes – and to deal honestly with the consuming public and the government about defective products they have manufactured.

While there are legions of examples of corporations who designed, manufactured or marketed dangerously defective products, Exhibit A in this list has always been Ford Motor Company. If you’re wondering why, think of this word: Pinto. Some forty years ago, Ford manufactured a small, 2-door coupe with a 4 cylinder engine, called the Pinto. Not too bad a car, except for one glaring problem, unknown to the car-buying public: The gas tanks on this car were built dangerously close to the rear bumper, which was only cosmetic to begin with. There were bolts that were placed immediately behind the rear bumper, which with the slightest impact (as low as 5 MPH,) would puncture the gas tank like a nail gun. The result? An extremely high risk that the gas tank would explode, turning the car into a fiery death trap. Subsequent lawsuits and a government investigation later proved that Ford knew about this dangerous product defect, yet made a conscious ‘business decision’ to do nothing about because correcting the problem would have cost it ‘too much money.’ USA Today talks about the history of the Pinto here.

That was about 40 years ago. You’d think that corporate culture and safety practices would change over almost a half century, right? Wrong.

File this under “Some Things Never Change”: For years, everyone has been aware that long ago, (in 1971 to be exact,) the U.S. government banned cigarette manufacturers from advertising on TV. Much later, as part of a Master Settlement Agreement for tobacco liability in 1998, and the Family Smoking Prevention and Tobacco Control Act of 2009, additional bans against cigarette advertising were enacted, as follows:

• No cigarette advertising in media with substantial youth audiences.

• No use of cartoons in packaging, promotion, ads, or labeling.

A few days ago, I posted on the subject of a Massachusetts dangerous products lawsuit involving an inflatable swimming pool slide and Toys R Us, where almost $21 million was awarded in 2006 by a Massachusetts jury to the family of a woman killed in an accident due to this defective product.

Very recently, Toys R Us appeared before the Massachusetts Supreme Court to argue that the jury’s award be overturned. Why? Because of a legal technicality, of course.

Attorneys for Ms. Aleo’s husband argued that pool slides have been governed by a U.S. Product Safety Commission standard since 1976, which they contend, applies to all types of pool slides, regardless of what material they consist of. Toys R Us contends that the standard was meant to apply to rigid (permanently installed, fixed) slides only, and not the inflatable, flexible slides that have increased in popularity in recent years. Mr. Aleo’s aunt and uncle bought the slide from Toys R Us through Amazon.com. It should come as little surprise to anyone that Toys R Us had imported the pool slides from China, where they were originally manufactured. Aleo’s attorneys asserted that the inflatable slide was never tested for safety, and that the product carried no required certification that it had been tested for safety.

Here’s a real interesting story about defective products, and the legal liability that can attach to them. (This type of liability is known as Product Liability.) The story is also timely, since it’s summer now. Read on, and you’ll find out why.

Ever visit a friend who has a pool in their back yard, on a hot summer day? Fun comes to most people’s minds with such a scene. As a Massachusetts swimming pool injury lawyer, caution comes to mine. Swimming pools, especially the backyard/privately-owned ones, are especially dangerous places. They often have a “do-whatever-you-want, it’s our house” type of atmosphere to them, and this can invariably invite serious injuries. And worse, those injuries tend to be of the catastrophic variety, often involving either broken necks, broken backs, brain injuries and death. I’ve blogged previously about Massachusetts swimming pool injuries, and of what measure pool owners need to take to minimize the risk of a swimming pool injury on their property.

This case is more about unsafe and dangerous products. Exhibit “A” on this point: One hot summer day back in July 2006, a young woman by the name of Robin Aleo, from Colorado, was, along with her husband Michael, visiting her husband’s aunt and uncle in Andover, Massachusetts. Mr. Aleo’s aunt and uncle had a backyard in-ground swimming pool. She thought she was looking at the perfect day of fun at the family pool. She slid head-first down a 6-foot inflatable pool slide that had been purchase by her husband’s aunt and uncle through Toys R Us. The slide’s instruction manual and a small warning label near the ladder footholds stated that the slide’s weight limit was 200 pounds. Aleo, reportedly weighing 148 pounds, figured that was no problem. Down she went, head first. As she did so, the slide partially collapsed near the bottom, and Aleo slammed her head onto the concrete pool deck. She suffered massive injuries to her neck and head, causing her death the next day. She was 29 years old. Her husband and 15-month-old daughter witnessed the entire shocking event.

Here’s a typical scenario in life, which can suddenly go off into a direction you never anticipated.

You go the furniture store, planning to buy some pieces for your new home or apartment. Wow – you see beanbag chairs, which are “just the ticket” for the informal recreation room for your children. You make your purchase, have the chairs delivered, and assume that you can sit back and enjoy things.

Only there’s a real threat tucked inside those beanbag chairs — one that never crossed your mind.

Made popcorn lately with the Avon Popcorn Maker? Chances are it was anything but a Jolly Time.

Recently, the U. S. Consumer Product Safety Commission recalled Avon Microwave Popcorn Makers, due to burn and fire hazards and the possibility of injuries from using them. The CPSC has instructed consumers who use this product to cease doing so at once. And remember, it is illegal to resell or attempt to resell a recalled consumer product. As of May 16, 2013, it was found that when cooked too long, the popcorn can overheat in the Avon popcorn maker and ignite, causing a fire and posing a possible burn injury to consumers.

Apparently Avon Products has received approximately 20 reports of the popcorn makers overheating. Two episodes resulted in fires, damaging the microwave ovens.