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With spring in full swing all across Colorado, homeowners like you and me are getting out the tools and doing a bit of cleaning – gutters, outdoor lighting, tree trimming and other tasks that require a little extra boost in height.

Plenty of indoor cleaning and maintenance tasks like changing light bulbs require a boost as well.

If you own a folding step stool from Kennedy International though, you may want to hold off on going for those hard to reach places.

After receiving 15 reports of the step stool breaking or cracking, the U.S. Consumer Product Safety Commission and Health Canada issued a recall of the stools on May 10^th. It’s being reported that 3 individuals suffered injuries when their step stools broke – 2 suffered back injuries and the third person sustained a fractured leg.

Specific Kennedy International step stool models affected by this recall include:

• 9-inch step stool – Style Number 3575
• 13-inch step stool – Style Number 3576

All step stools are made from plastic and have a carrying handle when folded. Colors include blue, green, gray, red, purple, pink, orange, turquoise, aqua, white, plum, orchid, emerald, sapphire, sangria, ocean, sage, fuchsia and lime.

See picture below…

In total, 1.6 million stools in the U.S. and 64,000 in Canada are covered under this recall.

You can find the style number of your ladder by looking on a sticker located on one of the legs. Some labels will also have “Kennedy Home Collection” printed on them.

Affected models were sold for between $8 and $13 from January 2010 through January of this year. Retailers carrying the stools include HomeGoods, Marshalls and TJ Maxx and others.

If you own a Kennedy International plastic folding stool and purchased it between 2010 and 2012, you should stop using it immediately. Contact the company to obtain a full refund. You can visit the company online at http://www.kennedy-intl.com/ or call the company’s headquarters in Ohio between 9:00 AM and 5:00 PM Eastern at (855) 270-8301.

While it’s best to catch defective products before they cause an injury, sometimes it doesn’t work out that way as in the case of the 3 individuals injured from the defective step stool. If or a loved one has been injured or adversely affected by a defective product, contact Denver product liability attorneys at the Babcock Law Firm today to discuss your options for compensation.

Snowmobiles like ones from Arctic Cat are popular here in Colorado this time of year. If snowfall has been good, they’re great for traversing wild areas of the Rocky Mountains, San Juan Mountains and other rural areas of our great state.

Like many other machines though, snowmobiles can have defects or other issues that make them a bit more dangerous.

So, after Arctic Cat received four reports of steering problems with a few of its snowmobiles, the U.S. Consumer Product Safety commission issued a recall for about 19,000 of its newest models. Snowmobiles affected by this recall were sold at Arctic Cat dealerships throughout the U.S. from May to December of last year.

At least one of the report incidents led to a complete loss of steering.

Upon investigation by the CPSC and Arctic Cat, it was determined that the lower steering tie-rod attachment has a tendency to loosen, which can lead to a loss of steering control and potentially a crash. No injuries connected with this recall have been reported.

An initial recall of 7000 was issued in December but upon further review, the CPSC expanded the recall to 19,000 this past Tuesday, Jan. 31^st.

The CPSC recommends owners of the below models quit using them immediately and contact the nearest Arctic Cat dealership for a free inspection and repair.

The recall affects 2012 F, XF and M models, including the following:

2012 Arctic Cat F Model

• F800 LXR
• F1100 LXR
• F800 Sno Pro
• F1100 Turbos
• F1100 SnoPro/Limited/50^th
• XF800 LXR
• XF1100 LXR
• XF800 Sno Pro High Country
• XF1100 Turbos
• XF100 Limited/50^th
• M800
• M1100
• M1100 SnoPro
• M1100 SnoPro/Limited/50^th
• M800 HCR
• M1100 Turbo

If you have a 2012 year model of any of these, quit using them immediately and contact your nearest Arctic Cat dealer. The company says it is notifying owners of affected models by mail.

If you have been injured or otherwise adversely affected by a defective product like this, you may be entitled to financial compensation. To see if you do, you need to discuss your individual case with an attorney knowledgeable about injuries and defective products.

If you live in Denver or around Colorado, R. Mack Babcock and associates at the Babcock Firm can evaluate your case. To learn more about your case, contact the Colorado defective product attorneys today for a consultation.

Over the last couple of years, Toyota has been plagued by various problems culminating in massive recalls. Stuck accelerators proved the most dangerous, resulting in millions of vehicles being recalled. The situation was also dicey for the Japanese automaker as congressional and criminal investigations ensued over the company’s handling of the problems.

Now, steering problems in several Toyota models is leading the company to recall over 420,000 of some of the company’s more popular models.

Specifically, the recall covers 2004-2006 models of the Avalon, Camry, Highlander, Sienna and Solara models. The recall also includes the Lexus ES330, RX330 and RX400h. According to Toyota, the recall affects vehicles with the 1MZ-FE or 3MZ-FE V6 engine.

According to an ongoing investigation since ’07, some vehicles had an inadequate amount of adhesive between the inner and outer ring of the crankshaft pulley. The lack of adhesive could potentially cause the outer ring to become misaligned, leading to a sudden malfunction in the vehicle’s power steering.

According to the company’s press release, drivers could hear an abnormal noise from the engine compartment if the outer ring becomes misaligned. The defective ring could also cause the alternator belt to slip on the pulley, resulting in decreased power. Eventually, all the battery power could be depleted.

The automaker is currently working to get the necessary parts to fix the problem. Affected owners will not be notified until January 2012 after which they can bring their vehicles into a dealer for inspection and repair of the crankshaft pulley.

Affected models include:

• 2004 Avalon
• 2004-2005 Camry, Highlander, Sienna and Solara
• 2006 Highlander HV
• 2005 Lexus ES330 and RX330
• 2006 Lexus RX400h

Owners of these models are urged to contact Toyota with any questions or issues. Toyota can be reached by calling (800) 331-4331 and Lexus by calling (800) 255-3987.

If you or a loved one has sustained an injury due to this or any other defective product, you may be entitled to compensation from the manufacturer. To discuss your individual case, contact defective product attorneys in Denver at the Babcock Law Firm today.

At least 55 people in 14 states, including Colorado, have fallen ill with listeriosis, a condition triggered by a food-borne bacterium that causes muscle aches, abdominal pains, nausea, diarrhea, severe headaches and fever. The outbreak is also being blamed on 8 deaths, two of which occurred in Colorado.

If the bacteria spread from the intestines into the bloodstream and nervous system, it could cause meningitis and other complications. Small children, the elderly and those with weakened immune systems are at higher risk. Unborn children too can be infected if their mother ingests food contaminated with listeria, which can lead to miscarriages or still births.

Listeria bacterium, officially known as L. monocytogenes, can live in the stomach for up to two months before causing symptoms. Blood work is required to properly diagnose listeriosis, which can be treated with antibiotics.

Blame for this recent listeria outbreak is being pinned on Rocky Ford variety cantaloupes grown by Jensen Farms of Holly, Colorado. Affected cantaloupes were distributed to stores and restaurants in 17 states between July 29^th and September 10^th.

The original recall for whole cantaloupes was announced on Sept. 14^th by the U.S. Food & Drug Administration but was expanded on Sept. 23^rd to include Carol’s Cuts fresh cut cantaloupe after further investigation found contamination on processing equipment.

Whole cantaloupes being recalled include a green and white sticker that reads “Product of USA- Frontera Produce-Colorado Fresh-Rocky Ford-Cantaloupe” or a gray, yellow and green sticker that reads “Jensen Farms-Sweet Rocky Fords.”

At least 3 lawsuits – two in Colorado and one in Texas – have been filed over the listeria outbreak. It’s expected more lawsuits will be filed as more cases come to light.

If you’ve purchased Rocky Ford cantaloupes recently, the company suggests you dispose of it immediately. If you have any questions, you can contact Jensen Farms directly by emailing recall@rfordcantaloupe.com or calling (800) 267-4561 between 9:00 AM and 4:00 PM Mountain time.

Just because kids are starting back to school and summer is winding down doesn’t mean there will be plenty of play time outside. After long days in the classroom, kids are eager to enjoy playing outside when they can…safely of course.

Reports of seats breaking on Playsafe Dartmouth swing sets has prompted the recall of 5500 units sold at Toys R Us stores in Colorado and across the U.S. Affected models were sold between January and May of this year for $270.The swing set’s manufacturer, Pacific Cycle, received at least 5 reports of seats breaking and causing minor injury.

A recall was issued on August 30^th by the U.S. Consumer Product Safety Commission, who has deemed the swing sets to be a fall hazard since the plastic sling-style seats wear out too prematurely.

Affected swing sets have a model number of 22-PS340 and include date codes of FSD0115AA and FSD0315AA. These codes can be found in the owner’s manual.

Playsafe Dartmouth swing sets under this recall have:

•    6 metal legs

•    2 plastic swing seats (yellow)

•    Slide (yellow)

•    2-person glider

•    Plastic trapeze (yellow)

•    4-person lawn swing w/ footboard

If you’ve purchased this swing set for your child or if they have a friend who has one, check the seats out and remove them. You can contact Pacific Cycle for free replacement seats by calling the company at (877) 564-2261, emailing them at customerservice@pacific-cycle.com or visiting them online.

And if you or a loved one has sustained an injury due to a faulty product or someone’s negligence, contact defective product attorneys in Denver for a free case evaluation today.

Exposure to asbestos is a nationwide problem that’s persisted for many decades. Anyone who inhales dust or air contaminated by asbestos can experience disastrous health problems over the course of their lives.

These health problems ultimately lead to high medical bills and personal suffering. Asbestos materials are found in several components (i.e. roof, flooring, etc.) in many older homes and buildings

One case in Mississippi particularly stands out due to the record amount of the compensation – in May, a jury ordered Chevron Phillips Chemical and the Union Carbide Corp. to award $322 million in compensation for asbestos exposure and related illnesses to a worker who inhaled asbestos fibers while mixing drilling mud.

Thomas C. Brown, the worker and claimant, was responsible for mixing drilling mud manufactured by the two companies. His case claims he was exposed to asbestos from around 1978 through the mid-‘80s…as a result, Mr. Brown developed asbestosis.

His suit claims the manufacturers of the drilling mud didn’t provide sufficient warnings to the workers for the potential of asbestos exposure.

Symptoms of asbestosis include chest pains, shortness of breath and coughing according to the National Center for Biotechnology Information.

Both companies are appealing the decision.

“The credible medical evidence introduced at trial clearly demonstrates that, while Mr. Brown suffers from shortness of breath, such condition is not attributable to asbestos exposure,” claims Union Carbide.  

Shortly after the jury award, Union Carbide filed a motion to have the award thrown out after it was discovered the judge’s father had filed an asbestos claim in the past. The company says this represents an obvious conflict of interest and maintains the whole award should be tossed since it wasn’t previously disclosed.

Asbestos is a serious issue plaguing workers across the U.S, including Colorado. Undoubtedly you’ve seen advertisements for class-action lawsuits regarding asbestos. Since much of the exposure occurred years ago, it’s difficult for a standard workers’ compensation claim to adequately pay for the medical expenses, lost wages and pain and suffering for those affected.

Fortunately today, workers are better prepared to deal with asbestos. Many buildings have removed these toxic materials and many continue efforts to address this threat to public health.

 While largely confined to the Deep South, some Colorado homeowners have seen toxic Chinese drywall in newer built homes. It takes longer to appear here since we don’t have the humidity states like Florida, Louisiana and southeast Texas have.

Regardless though, having this mold infested drywall in your home can be quite the headache.

Corroding wires and pipes, malfunctioning electrical appliances and a nasty rotten egg smell are just a few of the impacts on homes. Watery eyes, nose bleeds, headaches and other ailments have been reported by those exposed to this toxic drywall. Some claim pets have died from exposure.

Little study though has been done to determine the health impacts of exposure.

In an attempt to resolve these issues, many homeowners have filed claims with their insurance companies…unfortunately though, many of these claims are denied since the policies don’t cover materials used in the home’s construction.

But to make matters worse, many policies are canceled once it’s discovered the home has toxic Chinese drywall, leaving the homeowner in even further distress.  Other companies will not write policies for homes with known toxic drywall issues. Not having insurance puts owners in a real bind since mortgage companies require it. Some have even lost their homes because of this.

The only solution to keeping the home is to have the drywall replaced, which runs anywhere between $75 and $100,000 depending on the construction of the home.

Several class action lawsuits are ongoing to try and recoup this loss.

A recent $54.4 million settlement with Banner Supply in Florida for 2,000-3,000 homes will in the end only net each homeowner anywhere from $18,000-$24,000. Many homeowners who suspect toxic drywall notify the Chinese Drywall Complaint Center for information and confirmation of toxic drywall in their homes.

If you think your home has toxic Chinese drywall and you’re experiencing financial loss, health issues or problems with your insurance carrier, contact toxic mold attorneys in Colorado at the Babcock Law Firm today.

We’re also quite experienced with handling insurance disputes as well. If you suspect your insurance company hasn’t handled your claim(s) in good faith, speak with us today to assess your legal options.

Mechanical defects and product recalls are once again hitting Toyota but this time it’s the Prius that’s under the microscope.

In the last 2 years, Toyota has recalled over 13 million vehicles due to various problems…the biggest recall, one for stuck accelerator pedals, culminated with a $32.4 million fine from the U.S. Government.

Numerous personal injury and wrongful death suits have been filed as well, which have all been consolidated under one judge in a federal court in California. Trials are not expected to begin until early 2013.

This time, 2001-2003 model Prius gas-electric hybrids are being recalled due to problems in the electric power steering system.

After a four-year investigation, company officials announced on June 1^st the recall of over 52,000 Prius vehicles in the U.S.  According to the company, the problem has to do with the electric power steering pinion shaft nuts. These nuts can sometimes work loose if the steering wheel is repeatedly and forcefully turned in the full-lock position.

Weakening of these nuts can cause the driver to experience difficulty in making left-hand turns.

Only one minor accident is believed to be connected with this steering problem. However, that hasn’t been totally confirmed.

Company officials say owners of the affected vehicles will be receiving notices in early July. Toyota will replace the nut(s) and secure the pinion shaft free of charge. They say the job should take about 4 hours.

If you believe you own a vehicle affected by this recall, contact your local Toyota service center immediately to find out if and when you should come in and have it looked at.

And if you’ve been adversely affected by this or any other defective product, we invite you to contact defective product attorneys at the Babcock Law Firm in Denver today for a free consultation.

Injuries to the shoulder area are especially common among athletes and injured workers. If you’re high up on a ladder and fall on a concrete surface, it’s likely your shoulder will take the brunt of the impact.

Following injuries like this, many Colorado workers and athletes undergo shoulder pain surgery to mitigate the effects of the fall.

Once the surgery is complete, surgeons would sometimes directly inject pain medication into the shoulder. Over the last couple of years though, patients have shown signs of complete cartilage breakdown in their shoulders. This condition is technically known as postarthroscopic glenohumeral chondrolysis, or PAGCL.

While videos and advisories from the U.S. Food and Drug Administration have alluded to the connection of pain pumps and this debilitating condition, many injured workers and athletes are claiming the direct injection of pain medication into their shoulder(s) is making matters worse, not better.

Many doctors are advising the injection be limited to the soft tissue surrounding the shoulder and not the shoulder itself. This method in fact is the only one approved by the FDA.

Direct injection of pain medication to the shoulder generally leads to some irreversible damages in patients. Many are considering legal action to obtain compensation for damages stemming from this terrible situation.

According to the FDA, the question remains as to why. What attributes of shoulder pain pump injections lead to a breakdown in cartilage in the shoulder? Is it the drugs themselves, the materials in the infusion (pain pump) device or a combination of both?

Regardless of this question, manufacturers of local anesthesia have been asked by the FDA to include warnings to patients about the dangers of direct injection. Pain pump manufacturers have also been asked to include these warnings.

Since shoulder cartilage doesn’t regenerate, patients who lose it must undergo a complete shoulder replacement.

Injured workers and athletes in Colorado need to be aware of this fact when addressing shoulder pain. Be sure you obtain the opinion of different surgeons before opting to have pain medication injected directly in your shoulder.

Remember, injured workers must follow a certain process for obtaining 2nd and 3rd  medical opinions as per Colorado workers’ compensation statutes.

If you’ve experienced adverse affects from a pain pump (post-surgery) or if you’ve sustained a major shoulder injury on-the-job that may require surgery, contact Denver workers’ compensation attorneys at the Babcock Law Firm today to discuss your case.

Ensure you’re not stuck with a condition that’s even more difficult to overcome. Worse yet, don’t get stuck with a condition that you will end up having to pay to get fixed.

Under increasing pressure from government regulators, Ford and the National Highway Traffic and Safety Administration (NHTSA) announced they’re expanding a recall of the popular F-150 pickup…approximately 1.2 million 2004-2006 model year F-150s are affected.

Reported electrical shorts were causing airbags in some of these vehicles to deploy without warning, causing injuries in some. No deaths have been reported from these airbag deployments.

The F-150 is one of the most popular selling vehicles on the market and constitutes a good slice of Ford’s business.

Company officials in Dearborn, Michigan said affected owners should be receiving notices in May. If you receive a notice, go to the nearest Ford dealer to have air bag wiring in the steering wheel replaced.

While no collisions have occurred from the sudden deployment of an airbag, Ford and the NHTSA have received reports of 269 deployments resulting in 98 injuries, some of which are serious.

Last May, Ford reported incidents and injuries to the NHTSA – burns, bruises, neck and back pain were some of the most common injuries – and even a couple of chipped teeth and elbow fractures.

Airbags shouldn’t be the only means you protect yourself while driving

For some (young children and the elderly), airbags do pose some danger. Many vehicles, including the F-150, have a shut off for the airbag. I for one keep my passenger airbag shut off at all times.

In the end, wearing your seatbelt and practicing defensive driving are the best ways to keep yourself safe on the roads.

With crowded highways and other dangers on streets and in neighborhoods, staying aware of your surroundings and being careful are the best ways to prevent injury on the road.