Oregon Injury Lawyer Blog

July 31, 2015

Repair Kits Offered by IKEA After Dangers Identified With Some Dressers

The Consumer Product Safety Commission has issued a recall notice regarding millions of dressers sold by furniture giant IKEA, announcing last week that the company is offering free repair kits to customers.

According to the CPSC notice (see link below) “the chests and dressers can pose a tip-over hazard if not securely anchored to the wall.” The danger of injuries to children is especially acute from this defective product. The models effected are the “MALM 3- and 4-drawer chests and two styles of MALM 6-drawer chests… about 7 million MALM chests and 20 million other IKEA chests and dressers are part of the nationwide repair program.”

The recall follows reports of two children’s deaths after IKEA dressers tipped over on them. The agency notes that “consumers should immediately stop using all IKEA children’s chests and dressers taller than 23-1/2 inches and adult chests and dressers taller than 29-1/2 inches, unless they are securely anchored to the wall.” As part of the recall IKEA is offering free wall anchoring kits to consumers.

July 28, 2015

Laws Shield Auto Industry from Accountability in Recall Cases

by Matthew D. Kaplan

US car makers may no longer dominate their industry they way they did a generation or two ago, but, as the New York Times recently detailed, their political clout in Washington remains formidable. As a result, the industry enjoys protections for unsafe and irresponsible behavior that other industries do not even when it results in auto accidents here in Oregon and elsewhere.

The newspaper reports that “legal loopholes that the auto industry helped create” are complicating efforts to hold both the auto makers and individuals working for them accountable for defective products they sold to millions of Americans over a period of years – products that led to many deaths and injuries.

“In one prominent example, lobbyists and trade groups blunted a law requiring car companies to notify regulators of certain safety defects within five working days, persuading Congress to water it down so that it carries only civil penalties, not criminal liability,” the paper notes. The article goes on to outline sensible proposals for accountability put forward over the last several decades by Republicans and Democrats alike, all of which have been eliminated or gutted in final legislation. It notes that “other industries, like pharmaceuticals and food” do not enjoy similar protections.

July 25, 2015

Portland Takes Lead in Gathering Data to Improve Cycling

by Matthew D. Kaplan

A report on the public radio program Marketplace this week focused on yet another way that our city is becoming a leader in promoting cycling. According to the report, a locally-based tech entrepreneur “has created an app called Ride, which asks cyclists to collect data as they cruise around Portland. The data will then help the city plan better cycling infrastructure, like signals, lanes, safer routes and where to avoid traffic.”

The report notes that around six percent of Portlanders use bikes to travel to and from work, a figure far above the national average of one percent. More dramatically, “that number leaps to 25 percent in the inner city.” Combine this with almost 350 miles of bike infrastructure in and around Portland and our city is uniquely well-equipped to help people improve both their health and the environment by replacing cars with bikes.

Unfortunately, Portland bicycle accidents involving traffic remain far more common than they should be. The hope is that by collecting a constant, and far more accurate, stream of data those accidents can be curbed – something that would benefit everyone.

July 19, 2015

Lobbyists Win and Safety Loses in Senate Vote

by Matthew D. Kaplan

A party line vote in the Senate Commerce, Science & Transportation Committee this week marked a big win for industry lobbyists and loss for consumers. According to a report in the Washington Post the approved legislation, which now heads to the full Senate, “brims with industry-sought provisions that would block, delay or roll back safety rules.”

The newspaper’s account focuses in particular on auto and rail safety. According to the Post the bill “would block a new Department of Transportation rule requiring that trains hauling crude oil are equipped with electronically-controlled brakes that affect all cars at the same time.” It would also delay rules requiring both freight and passenger trains to have “positive train control” safety systems, despite the fact that most observers believe the recent fatal Amtrak crash near Philadelphia could have been avoided if a PTC system had been in place on the train in question.

On our roads, the bill would roll back measures intended to curb car accidents here in Oregon and around the nation by increasing the size of the fines the National Highway Traffic Safety Administration can assess against auto makers. Those fines are currently capped at $35 million – a relatively small sum for any big global carmaker – at a time of record-shattering auto recalls. The NHTSA had sought the authority to levy fines of up to $300 million, believing that the higher number would give car companies more incentive to put safety first. The committee reduced that to $70 million.

July 13, 2015

Linn County Crash Raises Dram Shop Issues

by Matthew D. Kaplan

A Harrisburg car crash over the weekend left a 19-year-old man dead and has led to the arrest of the vehicle’s 20-year-old driver, according to The Oregonian. “Police said alcohol and drugs likely were contributing factors. There was evidence to show that the driver… was allegedly (had) over twice the legal limit of alcohol (in his bloodstream) and had used cocaine and marijuana,” the paper reports.

Citing local police, the paper reports that the driver failed to make his way around a curve on a road in Linn County causing his minivan to roll several times. Of the three passengers in the van one was ejected and thrown some 50 feet. He was pronounced dead at the scene. The driver and the other two passengers, both of whom are 18 years old, were treated for “non-life threatening” injuries at an area hospital.

After his release from the hospital the driver “was booked into the Linn County Jail on charges of Manslaughter I, Assault II and DUII,” the newspaper reports.

July 7, 2015

Bike Portland Announces Progress on Reducing Portland Bike Accidents

by Matthew D. Kaplan

A blog post this week from Bike Portland contained some good news for all of us concerned about bike and car accidents here in the city: “After more than a year of focused activism… one of Portland’s highest-traffic neighborhood greenways has been chosen as the site of a traffic calming pilot project.”

The announcement referred to Clinton Street where, it said, Portland will soon begin building a series of “diverters, speed bumps and signage” designed to slow down traffic in an area that a city study found “has some of the higher auto traffic volumes and speeds in the neighborhood greenway system” according to Bike Portland.

The group notes that “Diverters are already used on many neighborhood greenways to allow foot and bike traffic while blocking car traffic at certain intersections, preventing it from being useful to non-local car traffic.” (if you are unsure what exactly a “diverter” is click on the link below and look at the photo accompanying the article)

July 2, 2015

Oregon Truck Accidents May Have Links to Potentially Faulty Trailer Hitches

by Matthew D. Kaplan

An article published yesterday in the Washington Post reported that since early last year the federal government has been “investigating a potentially high rate of trailer separations.” The research focuses specifically on a particular type of trailer hitch used on semi-trailer trucks, known as the “Ultra LT.” According to the paper the Ultra LT is manufactured by Alabama-based Fontaine Fifth Wheel.

“The Ultra LT could be in use on as many as 6,000 semis across the nation,” the Post reports. According to the newspaper the company is cooperating with the government investigation.

This potentially unsafe product, and the Oregon truck accidents it may lead to, is a cause for special worry because it has been nearly 18 months since the Ohio accident that set the National Highway Traffic Safety Administration’s investigation in motion.

June 29, 2015

Government and Google Team Up to Prevent Rail Crossing Accidents

by Matthew D. Kaplan

Today the federal government is announcing a partnership with Google aimed at preventing accidents at railroad crossings, according to the New York Times. The newspaper reports that the Federal Railroad Administration will work with the tech giant “to provide the locations of all grade crossings” and make them available on Google’s maps.

The initiative follows “a sharp increase in the number of rail crossing accidents last year,” according to the Times. “Last year, 270 people died in highway-rail collisions, up from 232 the previous year, and 843 people were injured, according to federal safety statistics… Grade crossing accidents are the second-highest cause of rail fatalities after trespassing accidents, which killed 533 people last year.”

The scope of the project, however, is vast, which may be part of the reason why there is no target date for its completion. According to the Times there are well over 200,000 grade crossings nationwide. By pinpointing those locations in the mapping software that runs phones, GPS units and car navigation systems the company hopes, initially, to make it clearer where the danger spots lie. Over time it should eventually be possible to include information warning about oncoming trains in real time. According to the Times the FRA is also reaching out to Apple, MapQuest, TomTom and Garmin with proposals for similar programs.

June 28, 2015

Oregon Car Crash Leaves One Dead Near Tillamook

by Matthew D. Kaplan

A three-vehicle Oregon car accident near Tillamook this weekend took the life of a 79 year old man from Aloha, Oregon in Washington County.

The Oregonian, citing the Oregon State Police, reports that the accident took place on State Route 6 Saturday afternoon when “a 2013 Hyundai Elantra… was stopped on Wilson River Loop and attempting to turn east onto Oregon 6 when it pulled out in front of a westbound 2003 Chevrolet Silverado. The Silverado’s 16-year-old driver attempted but was unable to stop and collided with the driver’s side of the sedan.” As the crash unfolded both of the vehicles then hit a third.

The driver of the Elantra was pronounced dead at the scene of the accident, according to The Oregonian, while his passenger, a 78-year-old woman was “airlifted to a Portland-area hospital.” There were no reported injuries to either the teenager driving the Silverado or to any of the three people in the third vehicle – among them a three-year-old child. According to the newspaper all of the occupants of all three vehicles were wearing seat belts.

June 23, 2015

Senate Hearing is Latest Twist in Takata Recall Saga

by Matthew D. Kaplan

On the eve of a US Senate hearing focused on the Takata airbag recall, Senate Democrats have issued “a 45-page report into the nation’s largest-ever recall of about 34 million vehicles by 11 automakers for air bags that can explode and send shrapnel flying,” according to the Detroit News. The paper notes that it was only last Friday that the airbag manufacturer acknowledged an eighth documented death linked to its defective safety equipment.

According to the newspaper, the Senate report found that more than a decade after engineers first became aware of the problem “no one can identify a root cause for the ruptures.” The defect in the Takata airbags causes the gas canisters used to inflate the bags to explode, sending potentially lethal shrapnel flying into the faces and bodies of people riding in the car.

As company executives prepare to face Congress another fact reported by the Detroit News is even more shocking. According to the Senate document, even the replacement parts Takata is providing to millions of families here in Oregon and around the country are not necessarily safe. “Takata is currently producing hundreds of thousands of replacement inflators each month that may or may not completely eliminate the risk of air bag rupture,” the report says. The idea that the company is replacing defective and potentially fatal air bag inflators with parts that may themselves also be defective is difficult to comprehend.