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Colorado’s vast landscapes and miles of dirt roads provide a great place to run with the wind in your hair on a motorbike or go-cart. And with the kids out of school right now, you may have some acreage for them to ride or be able to go to a park for some summer fun.

Besides being aware of general safety, there’s a new recall by Baja Motorsports and the U.S. Consumer Product Safety Commission that any motorbike rider or parent of one needs to be aware of.

Certain Baja mini-bike and go cart models have defective gas caps which can pose a fire and burn hazard to anyone using the affected items. Also, some models are seeing throttles get stuck due to an improperly positioned fuel line and throttle.

Model numbers for mini bikes begin with: HT65, MB165, WR65, MB196, DB30, WR90 and DR90

Go cart model numbers include: BB65, SD65, DN65 and TR65

Model numbers can be found on either the mini bike’s fender, fuel tank or the go cart’s roll cage.

Models affected by this recall were purchased between November 2004 and June of this year at various retailers, including many online ones for anywhere between $200 and $2000. They were manufactured in China.

If you have one of these affected models, stop using it immediately and contact Baja Motorsports at (888) 863-2252 or visit their website for a free replacement gas cap or repairs.

And if you’ve been adversely affected by this or any other defective product, contact Denver personal injury attorneys at the Babcock Law Firm today for a free case evaluation.

Last week, California based Tri-Union Seafoods, LLC issued a precautionary and voluntary recall for 12-oz Chicken of the Sea brand white tuna fish in water. The company’s quality control mechanisms determined certain cans, some of which were shipped to Colorado, were not properly sealed.

These affected products did not meet the company’s standards for seal tightness so in an abundance of caution to ensure public health, Tri-Union issued the recall explained Shue Wing Chan, president of Tri-Union.

No illnesses have been reported because of these defective products. If tuna fish and other canned meats are not properly sealed, pathogens and spoilage organisms could contaminate the product.

These 12-oz cans of Chicken of the Sea tuna were distributed in February and May in several states including Wisconsin, Nebraska, Utah, Pennsylvania, New York, Maine, Colorado, Indiana, California and Oregon.

Affected products have a “best by” date of 2/10/2014 stamped on the bottom of the can. The general UPC code for the product is 4800000262…product code numbers for items affected by this recall include 7OA1E ASWAB, 7OA2E ASWAB, 7OA3E ASWAB, 7OA4E ASWAB, 7OA5E ASWAB, 7OAEE ASWAB or 7OAFE ASWAB. You can find the product code stamped on the bottom of the can.

If you have one of these affected products, you’re urged to call 1-877-843-6376 for return and refund information.

“The health and safety of our customers and consumers is paramount. As soon as we discovered this production error, we took immediate steps in issuing this precautionary, voluntary recall, and alerting the appropriate regulatory authorities,” said Chan. “We have notified all of our customers who have received the product and asked them to remove it from their shelves. Our immediate actions in this recall include re-evaluating our systems to ensure this error does not happen again.”

If you’ve been adversely affected by defective products like these, you may qualify for compensation for your injuries or any illness. Contact Denver personal injury attorneys at the Babcock Law Firm today for a free case evaluation.

In the first defective Chinese drywall lawsuit heard by a jury, a Florida family was awarded $2.46 million in damages. The case was seen by many observers as a “bellwether” case, or a forecast on how other juries will react to similar evidence in similar cases across the U.S.

The lawsuit against Banner Supply, a Miami-based construction supply company, was filed in Florida state court by Armin Seifart and Lisa Gore. The suit alleges the company knowingly sold defective drywall that released a rotten egg smell and corroded appliances throughout their home.

More than 3300 complaints have been filed with the U.S. Consumer Product Safety Commission (CPSC) regarding defective Chinese drywall. Affected homeowners say Chinese drywall imported between 2002 and 2007 releases a strong sulfuric odor (rotten egg smell) that corrodes wiring throughout the home, damages appliances and causes various health problems…further lab testing has confirmed many of these problems.

Due to the housing and construction boom in the U.S. up through 2007 and several powerful hurricanes that hit the southeastern U.S., domestically produced drywall was in short supply. In 2006 alone, over 6 million sheets were imported according to the CPSC.

Plaintiffs in the Florida case maintain Banner Supply made a secret deal with Knauf Plasterboard Taijin, a German company that supplied the Chinese drywall, to cover up drywall problems. Miami-Dade Circuit Judge Joseph Farina allowed the agreement to be unsealed before the trial, which revealed that Banner knew of bad smelling drywall in 2007 and asked Knauf to investigate.

Knauf’s investigation determined sulfur levels were safe so a deal was struck with Banner to keep silent on the matter. Knauf agreed to replace the bad drywall it had sold Banner with U.S.-made material and paid Banner to hold it. In exchange, Banner agreed to keep quiet about the matter and not help anyone seeking to file a suit against Knauf.

Attorneys for the south Florida construction supply firm said the company thought the problem was only an isolated incident and had no idea the scope of the problem was much larger when they signed the agreement.

The jury found Banner negligent and in violation of Florida’s deceptive and unfair trade law, whose actions lowered the resale value of the plaintiff’s home…Banner officials say they are considering an appeal.

Other lawsuits regarding defective drywall from China have been filed throughout the U.S., including a class action lawsuit in Miami against Banner Supply, Keys Gate Realty and Palm Isles Holdings, LLC.

In June, 2009, all federal litigation involving this matter was consolidated and centralized in an MDL, or Multidistrict Litigation, in New Orleans under Judge Eldon Fallon. Earlier this year, Judge Fallon awarded a Louisiana family $164,000 in their suit against Knauf. Since this ruling, Knauf has begun seeking settlements with construction firms who bought their drywall.

Also, Judge Fallon issued a ruling that awarded $2.6 million to seven Virginia families who filed a lawsuit against Taishan Gypsum Co., a Chinese drywall firm. It is unclear how the families will collect though since China does not recognize civil suits in the U.S. and did not appear in court to answer the charges.

While the states hardest hit by this problem are in the southeast, many other complaints have surfaced in other regions, including here in Colorado.

If you’re living in a newly constructed home (2002-2007) and are experiencing health problems (respiratory problems, nosebleeds and headaches), smelling a rotten egg odor and/or seeing corroded wires, you may have contaminated drywall in your home. Get your drywall tested immediately and find out if you’re eligible for compensation and a replacement of the defective sheetrock.

A potentially defective heated windshield washer system that has caused at least 5 fires is prompting GM to recall around 1.5 million cars and trucks.

Announced this week, the recall affects 15 different models including cars, pickups, SUVs and crossovers manufactured between 2006 and 2009. Many of these vehicles were recalled two years ago for the same problem. But since the company was still receiving many reports regarding the malfunction, they initiated this latest recall.

Affected models include:

•    2006-2009 Buick Lucerne, Cadillac DTS, Hummer H2
•    2008-2009 Buick Enclave, Cadillac CTS
•    2007-2009 Cadillac Escalade, Escalade ESV, Escalade EXT, Chevrolet Avalanche, Silverado, Suburban, Tahoe, GMC Acadia, Sierra, Yukon, Yukon XL and Saturn Outlook
•    2009 Chevrolet Traverse

This latest recall affects 1.3 million vehicles in the U.S. with the rest in Mexico, Canada and throughout the world. It’s also the second recall for GM this year…in March, the company issued a recall for 1.3 million Chevy Cobalts and Pontiac vehicles due to power steering problems.

The manufacturer of the heated windshield washer fluid system that’s causing the problem in this latest recall, Microheat, went bankrupt in 2008 after the first recall. The problem was supposed to be fixed at that time but since GM cannot fix the system now, they will disable the feature and pay customers $100 for the loss of the heated windshield washer fluid system.

“This was a unique technology available from only one supplier, and that supplier has stopped manufacturing, which left no opportunity to collaborate on an improved design,” said Jeff Boyer, executive director for Safety at GM. “We want to be clear that the voluntary payment to customers is for the loss of the feature, not the recall.”

Affected owners will begin receiving recall notices in the next few weeks. In the mean time, owners of these vehicles can visit their local dealership and request a bypass of the malfunctioning system.

The U.S. Consumer Product Safety Commission issued a recall for 170,000 drop-side cribs manufactured by C&T International/Sorelle after receiving over 100 complaints, including reports of the drop-side or slats detaching from the crib, causing a suffocation or strangulation hazard for infants.

This latest recall comes on the heels of several other drop-side crib recalls, including one we reported last November. The C&T recall was announced last Thursday (May 13th), indicating that at least six injuries have occurred. These particular cribs were sold between January 2000 and March 2010, with some prior to ’03 being sold under the Golden Baby, Inc. label.

According to the consumer protection agency, the crib’s drop-side hardware can disengage from the tracks, causing the drop-side to detach and create a dangerous space between it and the mattress…infants can get trapped between the two.

This marks the third recall of cribs in the last two weeks by the CPSC. Around 217,000 Graco drop-side cribs were recalled on April 29th after nearly 100 incidents.

And on that same day, the agency also announced a recall of all Simplicity full-size cribs which include a tubular metal support frame for the mattress. At least one child has died along with 13 others being injured from these cribs collapsing due to the metal mattress support frame bending or detaching.

Although all Simplicity drop-side cribs were recalled last summer, many of these cribs may still be in use by parents who are unaware of the situation or who received a repair kit to convert the crib to a fixed-side while the company was still in business.

If you have any of these affected products, the CPSC and Denver personal injury attorney R. Mack Babcock recommends you discontinue use immediately and find alternative sleeping arrangements for your child.

On the heels of Toyota’s $16.5 million fine from the U.S. Government, the Japanese automaker is announcing yet another recall of the Lexus GX 460 and the Toyota Sequoia – both sport utility vehicles.

Toyota announced the recall of 13,000 2010 Lexus GX 460s last week after Consumer Reports issued a “don’t buy” recommendation due to rollover concerns. Test drivers for the magazine say that when they took their foot off the gas going around a sharp turn, the rear of the vehicle may slide, increasing the chances of a rollover accident.

Many drivers take their foot off the gas when they’re exiting an interstate or going around a curve too fast. The test drivers commented that they would not allow their families to ride in these vehicles.

This condition is what’s known as trailing throttle or lift-throttle over-steer…the electronic stability control system would ordinarily detect the slide and stop it from happening but this system doesn’t seem responsive enough on the GX 460 to stop the problem.

Toyota quickly halted sales of the GX 460 after Consumer Report’s recommendation, who hasn’t issued a “don’t buy” recommendation since 2001. Owners of these vehicles should be able to take them to their local Lexus dealer for a software update to fix the problem.

Additionally, Toyota has announced a recall of 50,000 Sequoia’s (2003 models) for defective software that can cause the vehicle’s stability control system to activate at low speeds, which can cause it to accelerate improperly.

Toyota was requested to issue this recall after the U.S. National Highway Traffic and Safety Administration received around 160 complaints involving the Sequoia. The company says owners will be contacted this month about scheduling an appointment to fix the problem. No deaths or serious injuries have been reported but NHTSA officials maintain some of the complaints they received claim there were a few near collisions since the vehicle wasn’t accelerating properly.

Contact your local Toyota or Lexus dealer immediately if you have either one of these models and get it fixed as soon as possible.

If you’ve been adversely affected by this or any other defective car or product, contact Denver personal injury attorney R. Mack Babcock today for a free consultation to see what options you have.

Perhaps a light at the end of the tunnel of Toyota’s accelerator pedal recall – the U.S. National Highway Traffic and Safety Administration has imposed a $16.4 million fine on the Japanese automaker for failing to notify government officials of the accelerator issues in a timely fashion.

Rather than appeal the NHTSA decision, Toyota decided to pay the fine in an attempt to put the matter behind them. The $16.4 million fine represents less than 2% of the company’s income in 2009.

In an emailed statement to Bloomberg, Transportation Secretary Ray LaHood says “Toyota has accepted responsibility for violating its legal obligations to report any defects promptly.”

Regulations stipulate that an automaker has 5 business days to notify the government of any potential safety defects.

“We agreed to this settlement in order to avoid a protracted dispute and possible litigation,” Toyota said in a Monday statement, “as well as to allow us to move forward fully-focused on the steps to deliver our quality assurance operations.

Without the statute limiting the NHTSA fine to $16.4 million, the automaker could have been subject to much larger fines. The agency is capable of fining Toyota $6000 for each vehicle – with 2.3 million cars involved in the recall that could have amounted to over $13.8 billion in fines!

The NHTSA says it’s still investigating additional penalties involving the accelerator pedal issue since, according to the agency, it had “two separate defects that may require two separate remedies.”

Many new parents use gates and other methods to keep their kids safe – prevention of a fall or some other ruinous disaster is priority #1 for any good parent.

Safety gates like the one pictured below serve as a great deterrent for an infant child whose curiosity, while a rewarding time of discovery, can be a dangerous one as well. One fall down a flight of stairs for instance can be devastating for a fragile child.

But more than 180,000 Evenflo Safety Gates are being recalled after the manufacturer received many reports of the wooden gates breaking, causing children to fall down flights of stairs.

Both the U.S. Consumer Product Safety Commission and its Canadian counterpart issued a recall on March 25th after they received 142 reports of slats breaking and children falling. Of all the reports, Evenflo says that only four children sustained minor bumps and bruises and seven sustained minor scrapes from their defective product. No serious injuries have been reported.

This recall affects Evenflo Top-of-Stair Plus Wood Gates with model numbers 10502 and 10512. You can find your model number on the gate’s bottom rail. Around 150,000 were sold in the U.S. and 33,000 sold in Canada.

The gates were manufactured between October 2007 and July 2009 and sold at retailers nationwide including Toys ‘R’ Us, Burlington Baby Depot and Kmart through March 2010 for around $40.

Denver personal injury attorney R. Mack Babcock and the U.S. CPSC recommend you discontinue use immediately and contact Evenflo at safety.evenflo.com about obtaining a new gate.

Honda Motor Corp. is issuing a recall on approximately 412,000 of its Odyssey minivan and Element SUV due to brake problems that have caused some crashes. Announced on Tuesday March 16th, Honda received many complaints from drivers of ’07 and ‘08 models that their brakes had become “soft” and lost effectiveness over time.

The company says that a manufacturing defect is allowing air to slowly enter into the Vehicle Stability Assist (VSA) modulator, which causes the brakes to not engage until the pedal is closer to the floor. Over time, the problem can get worse until there is no braking ability whatsoever.

Honda says it has received several reports of crashes, including three reports of minor injuries. No serious injuries or deaths have been reported in connection with this problem.

Not all of these vehicles are affected but the company says they want to be sure the problem is properly addressed. Recall notices will go out to registered owners by the end of April the company says.

This recall comes about a month after the Japanese automaker recalled more than 826,000 Honda vehicles from the 2001-2002 model years because of faulty airbags. These airbags can potentially explode, sending deadly shrapnel into the car’s interior.

If you own one of these vehicles, follow all instructions from Honda on getting it fixed. And if you’ve been adversely affected by this or any other defective product, please contact Denver personal injury attorneys at the Babcock Law Firm today.

Approximately 540,000 Nissan trucks, minivans and SUVs are being recalled by the company due to faulty brake pedals and malfunctioning fuel gauges.

The recall, announced last week, includes the following models from 2005 through 2010:

•    Infiniti Qx56
•    Nissan Xterra, Pathfinder and Armada SUVs
•    Nissan Frontier and Titan pickups
•    Nissan Quest minivan

The company asserts that a manufacturing error can causes a pin on the brake pedal to disengage from the pedal itself. Nissan received three reports of the pins becoming partially disengaged, resulting in a loss of braking ability. No injuries or deaths have been reported.

Also, some of the recalled vehicles, especially those with high mileage, are experiencing problems with the fuel gauge. Problems like this can make the driver think they have more gas than they really do.

Slightly over 418,000 vehicles in the U.S. are affected by this recall. The braking problems mainly affect the 2008-2010 models of the Infiniti Qx56, Armada SUV, Titan pickup and Quest minivan. With the exception of the Quest, all of these vehicles are affected by the fuel gauge problem too. Additionally, 2005-2008 models of the Pathfinder, Xterra and Frontier are being recalled for the fuel gauge problem only.

Nissan is the second Japanese automaker this year to announce a major recall. Japan’s largest automaker Toyota has recalled over 9 million vehicles to date in the U.S.

Nissan is sending notices to all registered owners and expects to begin accepting vehicles for inspection and repair by March 22nd.

If you own one of these affected models, follow all instructions from Nissan to get the problem resolved. And if you’ve been adversely affected by this or any other defective product, please contact Denver personal injury attorney R. Mack Babcock today.