Georgia Injury Lawyer Blog

Tire failures have caused the death or serious injury of many motorists in Georgia and across the nation over the years. There are many causes of tire failure but the Georgia injury lawyers at Finch McCranie, LLP know that one of the most common causes for tire failure is heat buildup. Heat buildup, especially in truck tires, usually results from under-inflation, overloading, high speed operation or a combination of these factors. A recent study by The National Highway Transportation Safety Administration (NHTSA) demonstrated that the top two types of damage for tire debris fragments found on the roadside were: road hazard (39%) and excessive heat (30%). Sometimes, tire failures occur because the tires being sold and used on a particular vehicle are not suitable for that vehicle or application.

Goodyear has faced numerous claims resulting from tire failures and vehicle accidents, many resulting in serious injury and death. As an example, Goodyear marketed their G159 tire to the RV industry for nearly a decade in the 1990's and 2000's, even though Goodyear knew it was dangerous to use that particular tire on those vehicles. The tire, originally designed for urban delivery trucks was speed rated for only 65 miles per hour, continuous use; however; in 1998 Goodyear increased the speed rating to 75 miles per hour, even though the tire design was prone to overheat on RV’s that typically travel at those speeds for extended periods. There are no doubt still plenty of Goodyear G159 tires in use on RV’s throughout the country which could fail causing catastrophic injuries. If you are a consumer and considering the purchase of replacement tires, it is crucial to make sure that the tires under consideration are matched to the vehicle or trailer that you intend to use them on.

Continue reading "Tire Failures Cause Many Automobile and Truck Accidents" »

We have read in the Atlanta newspapers this week about the tragic death of three people who died in a house fire in Palmetto, Georgia, which according to news reports was started by “an oxygen generating device that malfunctioned.” Although the news articles do not provide sufficient information to determine how this was concluded, the spokesperson quoted was from the State Insurance and Safety Fire Commissioner’s Office. It appears, therefore, that the tragic fire which resulted in the three wrongful deaths was caused by a malfunctioning product, which shorted out somehow and caused the blaze resulting in these three tragic deaths.

Our firm in the past has handled a similar wrongful death case where a young boy died in a house fire also caused by a malfunctioning product. In that case, the product was also an oxygen generating device that had malfunctioned due to a short in it. The device caught fire and the young boy could not escape his room before being killed. In that particular case, the young boy also suffered from disabilities which made it difficult for him to escape the fire once it started. (As we read the article currently being circulated in the Atlanta area, at least one, if not more, of the three people killed in the fire which occurred in Palmetto, Georgia were also apparently disabled.)

These cases are very difficult to prove because many times the fire destroys the evidence. It appears that the Insurance and Safety Fire Commissioner’s Office did a good investigation of this case because they may have preserved the malfunctioning unit. In the referenced case we handled, the malfunctioning unit was not fully preserved but enough parts of it were such that they could be examined by experts. In that case, it turned out that the product was known to malfunction by the manufacturer and had actually been recalled some several months before the incident due to its dangerous propensities.

Continue reading "Malfunctioning Products And Wrongful Deaths" »

Brake system care of golf carts is very important. Golf carts can be just as lethal as automobiles if not operated and maintained properly. When used carelessly, a golf cart can kill or severely injure the driver and passengers, innocent bystanders, or it can cause significant property damage. There are a number of things that can be wrong with golf cart brakes to create these types of situations.

Most all golf carts employ cable activated rear wheel brakes only. In recent years, hydraulic brakes and 4-wheel cable activated brake systems are becoming more common, as golf carts take on more diverse applications off the golf course; however, these systems are less common. Cable activated brake systems must be properly inspected and maintained on golf carts. Negligent maintenance can result in total and unexpected brake failure. Cable activated systems have three primary drawbacks. 1) The multi-stranded cables can start to break and unravel, sometimes inside the housing so that it is hard to see damage in progress; 2) The cables themselves are often located immediately under the battery compartment in electric vehicles, thus they are subject to the problems of improper battery maintenance. Acid-dripping batteries can contaminate and start to corrode the cable strands. Coupled with the natural water spray and corrosive golf course fertilizers, the cables really take a beating and may be subject to sudden and unexpected failure; and 3) The cables hang below the chassis and they are vulnerable to snagging stumps, rocks, and any other protruding obstacles they encounter.

A proper and systematic inspection of a golf cart will reveal most of these problems before there is a catastrophic event. If the cables are rusted, kinked, have broken housings, or just look suspicious in any way, shape or form, they should be replaced immediately. Failure to properly inspect and maintain a golf cart may subject the owner to liability for injuries in the event of a golf cart crash.

Continue reading "Golf Cart Accidents Can Be Caused By Failure To Maintain Brake Systems" »

If a person is injured or killed as a result of the negligent operation of a boat or as a result of a boat engine manufacturing or design defect, under Georgia law, the injured person or the family of those killed, may have the right to seek compensation and other forms of redress in a suit against the operator, seller or manufacturer of the boat.

The United States Coast Guard (USCG) estimates that in an average year, approximately 200 to 250 non-fatal injuries and an additional 25-35 deaths are reported as a result of a person being struck by the propellor and/or propulsion unit of a boat.

These cases are not as unusual as one might think. In one memorable case handled by the Georgia injury lawyers at Finch McCranie, LLP, our client was seriously injured when his outboard engine suddenly jumped from neutral into forward gear resulting in his being struck by the propellor. After notifying the manufacturer of the engine of the accident, they sent one of their experts to inspect the boat. At the time of the inspection, the boat was in the water; however, it was being supported by an overhead crane. While videotaping their expert’s inspection of the boat, we were able to document the defect when the boat, suddenly and without warning, jumped from neutral into forward gear on its own almost throwing the manufacturer’s expert into the water. In that case, the manufacturer had utilized a defective gearbox part which, when worn, allowed the boat to jump into forward gear.

Continue reading "Boat Accidents: Propellor/Engine Safety Defects" »

Golf cart accidents are caused by any number of factors, including, the negligent or reckless operation of the cart and negligent failure to inspect and maintain the cart, especially the brake system. The number of reported golf cart accidents is continuing on the rise, which raises the public concern about golf cart safety. With the advent to faster golf carts and the practice of using golf carts in “off course” locations such as in airports, on school campuses or even city streets, more accidents are prone to happen. One of the more common golf cart accidents involves passenger ejection. This usually happens when the driver makes a hard left turn causing the passenger to be ejected from the right hand side of the cart. Golf cart seatbelts are not mandatory and therefor they are rarely present
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Roll-overs are another typical accident associated with golf cart usage. These tend to happen on slick and/or hilly terrain, especially if your cart has a sub-par braking system. For instance, if your cart has only a front or rear wheel braking system and you attempt to slam on your brakes when driving full speed down a steep grade, your brakes may not be able to slow your acceleration, which in turn would cause you to fishtail out of control with the possibility of rolling over if you make any sharp turns. If your cart has only rear-wheel brakes and one of the rear wheels comes off the ground or fails to make good contact with the ground, you have very limited, if any braking ability.

Continue reading "Golf Cart Accidents Happen More Often Than You Might Think" »

A woman was reportedly seriously injured in Gainesville, Georgia on Friday evening when the brakes on a golf cart failed while going down a hill at a private political fund-raising event. WSBTV.com reported that the golf cart was shuttling people to a home in the Harbour Point subdivision when it’s brakes failed and the cart overturned.

Although no details about the failure have been reported, a thorough inspection of the golf cart is in order to determine why the accident occurred. Had the cart been properly maintained? Was there a defective part involved or was there a design defect?

Having litigated numerous serious injury and wrongful death cases over the years, the Georgia injury lawyers at Finch McCranie, LLP know that in any case where there has been a mechanical failure, it is absolutely crucial that the evidence be preserved and that the evidence be inspected as soon as possible by an engineer or any other expert qualified to document and evaluate such a failure.

Continue reading "Brake Failure Blamed For Georgia Golf Cart Crash" »

Injuries caused by contact lens are a serious problem in Georgia and elsewhere. The consequences of injuries from these seemingly harmless devices can be life changing, including blindness. Our lawyers have just recently concluded several cases involving injuries sustained by contact lens wearers.

The U.S. Food and Drug Administration has just released a report which reveals that more than 70,000 children and teens go to the emergency room each year for injuries and complications from medical devices. Contact lenses are the leading cause of these visits.

The F.D.A. researchers analyzed medical records from ER visits reported in a national injury surveillance system. Based on data from about 100 nationally representative hospitals, they estimated that 144,799 medical device-related complications occurred during 2004 and 2005, or more than 70,000 yearly.

Almost 34,000 problems were linked with contact lenses in the two-year period. The rest were scattered among 12 other categories including general medical devices such as needles and catheters, gynecology devices and heart devices.

The problems related to infections and eye abrasions in contact lens wearers are sometimes easily preventable. They can result from wearing contact lenses too long, failure to follow the recommended cleaning procedures, and reusing cleaning and disinfecting solutions. Others can be caused by defective cleaning and disinfecting products.

The F.D.A. indentified other common problems causing emergency department visits by children and teens. These include puncture wounds from hypodermic needles breaking off in the skin while injecting medicine or illegal drugs; infections in young children with ear tubes; and skin tears from pelvic devices used during gynecological exams in teen girls.

The most serious problems involved implanted devices such as brain shunts for kids with hydrocephalus (water on the brain); chest catheters for cancer patients receiving chemotherapy at home; and insulin pumps for diabetics. Infections and overdoses are among problems associated with these devices. Only 6 percent of patients overall had to be hospitalized.

The study appears in Pediatrics, published online today.

Defective implanted heart defibrillators have been the subjects of many recalls over the last several years. This week, Boston Scientific Inc., advised doctors that a part in certain models of its implanted heart defibrillators made in 2006 and 2007 has a “somewhat higher’’ failure rate, requiring units to be reprogrammed. The company reported a failure rate of one in 670 devices. No deaths or injuries have been reported.

Boston Scientific estimates that about 34,000 patients still have the defibrillators implanted, even though they are no longer sold.

Boston Scientific temporarily recalled its defibrillators in March of this year after failing to notify US regulators of manufacturing changes. In April, the company recorded $1.8 billion in costs from the withdrawal. The company said the recall will result in the loss of four percentage points this year from the company’s share of the US defibrillator market.

A magnetic switch on the implantable cardiac defibrillators can get stuck, stopping the devices from delivering an electric shock to the hearts of patients who need the therapy, the company said in a letter to doctors.

The devices involved are the Contak Renewal 3, Contak Renewal 4 and Vitality HE.
According to the company’s website, the defect can by resolved by reprogramming the devices, and replacement is not necessary.

Another dangerous product recall by Federal Regulators last Thursday may signal the end of drop-side cribs that most of us have known and used for decades. According to an article by the Chicago Tribune, the Feds recalled another two million drop-side cribs. The moveable sides that raise and lower, making it easier to access babies have repeatedly malfunctioned leading to numerous tragedies around the country. The problem with these cribs is that when the sides separate from the crib, babies’ bodies can slip into the resulting gap. Their heads can get trapped and they have been known to hang to death or suffocate. According to the U.S. Consumer Product Safety Commission, at least 32 children died when their drop-side cribs malfunctioned and another 14 babies’ deaths may be linked to these cribs.

According to the article, more than 250 consumers have reported that the side rails failed on these cribs which were manufactured between 2000 and 2009.

Continue reading "More Dangerous Cribs Recalled" »

Lithium battery cells are very small and sometimes look like a silver quarter. Unfortunately, these batteries are omnipresent and found in virtually every American household, whether it be in remote controls, watches, garage door openers or children’s books. Unfortunately, the tiny batteries that operate all of these devices can be extremely deadly to young children who may swallow them. While there are federal laws that require toys that use these batteries to have battery compartments that are locked with screws, unfortunately, the batteries can be found in a variety of devices used by adults where children can access them. If a child swallows a lithium battery cell and begins having symptoms of stomach disorders, etc., the diagnosis can be extremely difficult to make and before the diagnosis is made, fatalities can ensue from irreversible damage to the gastrointestinal tract.

Obviously, prevention is the best cure here. Parents should be on notice to protect their children from these small battery cells. Any device that has such a battery must have screws on it otherwise it is potentially dangerous to a child that get a hold of it. While more federal rules and regulations may be necessary for these products, particularly since they are so omnipresent and until such time as more rules are enacted, parents need to become aware of these hidden dangers in their homes.

Because these devices clearly can endanger children, product manufacturers must also take it upon themselves to make sure that their products are safe. By making the batteries difficult to remove without a screwdriver, manufacturers can render these very useful products all the more safe and protect young children who otherwise might manually manipulate a device as is normal for any child. If a battery can be removed due to manual manipulation alone, respectfully, the products may be unsafe due to the foreseeable dangers that can be caused to young children by them.

Georgia injury lawyers know that accidents involving serious burn injuries are more common than one might think. The American Burn Association estimates that 1.1 million significant burn injuries occur every year in the United States. Most commonly, burns are caused by: automobile accidents, gas and other flammable liquid fuel explosions, scalding/hot water, electrical accidents, industrial accidents, gasoline spills, building fires, defective candles, lighters and matches; however, the causes are numerous. We have seen cases involving propane powered forklifts which leak gas inside of a parked semi-trailer and explode. We have also seen cases involving injured textile workers scalded by hot water in dye vats. Recently we represented a homeowner whose home exploded after a local propane supplier negligently filled a residential propane tank.

In most serious cases, experts in many different areas are often necessary in assisting burn victims and their families deal with the long term physical and psychological affects of these painful and debilitating injuries.

Our firm understands that your immediate concerns include getting your medical bills paid, limiting potential lost wages, and ensuring insurance coverage for future treatment of your injury. Our experienced attorneys will assess your situation and discuss all the options available to you, as well as work with insurance companies and other involved parties to ensure your needs are quicky and appropriately addressed. We will work to protect your legal rights and pursue rightful compensation for long term medical bills, lost wages, disfigurement, pain and suffering, emotional distress, mental anguish, and lost enjoyment of life. If you or a loved one have experienced a burn injury, the experienced Georgia injury lawyers at Finch McCranie, LLP (800-228-9159) for a free consultation to discuss your legal options.

Many Georgia drivers can expect to receive recall notices for vehicles manufactured by General Motors Corp., due to a dangerous defect which can cause the vehicle to catch on fire. In one of the largest recalls of the year, General Motors announced Tuesday that it was recalling almost 1.5 million vehicles because it cannot fix a defect in the system that squirts heated cleaning fluid on the windshield.

The recall covers many vehicles manufactured during the 2006 to 2009 model year. Since GM is unable to offer a fix for the defect, it will disable the heating mechanism and pay each owner $100 per vehicle.

It is estimated that the recall will force GM to pay out as much as $150 million.

The malfunction has not caused any known injuries or crashes but, according to the National Highway Traffic Safety Administration, the potential for a fire is very high.

GM announced that almost 1.4 million of the vehicles are in the United States, and the rest are in Canada and Mexico. The models included in the recall are the 2006-2009 model year Buick Enclave; Cadillac CTS; 2007-2009 model year Cadillac Escalade, Escalade ESV, Escalade EXT; Chevrolet Avalanche, Silverado, Suburban, Tahoe; GMC Acadia, Sierra, Yukon, Yukon XL; Saturn Outlook; and 2009 model year Chevrolet Traverse.

The same system was recalled two years ago because of a short circuit on the printed circuit board caused the control circuit ground wire to overheat. At the time, dealers installed in in-line fuse and heated washer module wiring. But, there were still reports of overheating incidents including five fires.

Clarence Ditlow, executive director of the Center for Auto Safety, said the move by General Motors represented both the speed and willingness of large automakers to make amends with the public after the recent public relations disaster experience by Toyota over a large series of recalls and quality issues.

There are several popular medications used by those who suffer from asthma which have an increased market share presence. These include Serevent, Advair and Foradel. All these medications use inhalation powders containing long acting beta agonists, commonly known as “LABA.” Beginning as early as November of 2005, the Food and Drug Administration issued a public health advisory concerning these three drugs informing doctors and patients that the use of these products could increase one’s risk of developing severe asthma and/or possibly having a fatal reaction. This safety bulletin was updated in February of this year based on the FDA’s review of studies showing an increased risk of exacerbation of asthma related symptoms. The studies showed that “LABAs” used in the treatment of asthma could be safe but the use of which was nonetheless contraindicated without the use of an asthma controller medication such as an inhaled corticosteroid. In short, the clinical studies showed that if “LABAs” were used by themselves and not in conjunction with inhalers, long term patients using “LABAs” could be at increased risks of developing severe asthma and/or possibly having even more complications which could lead to death. Regrettably, a study issued in May of this year indicates that nearly one-third (1/3) of asthma patients continue to use “LABAs” alone and not in combination with other control medications. In short, despite years of warnings from the Food and Drug Administration going back to 2005, patients are continuing to use these products by themselves and not in conjunction with inhalers which increase the risk of severe asthma episodes and/or the possibility of death.

Some FDA Advisory Panel members have advocated that “LABA” products be withdrawn from the market because of their increased risks for children in particular. Whether a product liability case exists in this context, obviously is a factually specific inquiry but for the time being, those who suffer from asthma should their use of these medications closely and follow all of the safety advice provided by the Food and Drug Administration.

Many Georgia homes and apartments contain dishwashers manufactured by Whirlpool Corporation. Today the Consumer Product Safety Commission and Whirlpool’s Maytag unit announced a recall of almost 1.7 million dishwashers because of a fire hazard.

The Consumer Product Safety Commission, which announced the recall says the company has received 12 reports of electrical failures in the dishwasher heating element that led to fires and damage.

One kitchen fire caused extensive damage, according to the CPSC but no injuries have been reported.

The recall includes Maytag, Amana, Jenn-Air, Admiral, Magic Chef, Performa by Maytag and Crosley brand dishwashers with plastic tubs. The recalled dishwashers were made with black, bisque, white, silver and stainless steel front panels and sold at department and appliance stores nationwide from February 2006 through April 2010. They cost between $250 and $900. Specific serial numbers can be found at http://www.cpsc.gov/cpscpub/prerel/prhtml10/10255.html.

The CPSC advises that consumers immediately stop using the recalled dishwashers and disconnect the electric supply by shutting off the fuse or circuit breaker controlling it.

Consumers can schedule a free in-home repair or receive a rebate of $150 or $250 toward the purchase of select new Maytag dishwashers. The amount of the rebate depends on the type of model to be purchased.

The recall is Maytag's second of more than a million major appliances in a little more than a year. It recalled 1.6 million refrigerators because of fire risks in March 2009.

Infants throughout Georgia and the rest of the country face a clear danger from drop side cribs. Drop side baby cribs have been responsible for the deaths of at least 32 infants and toddlers since 2000, and are suspected in 14 additional fatalities during this time period. These popular cribs have a side that moves up and down to allow parents to lift children from the cribs more easily than cribs with fixed sides.

The Consumer Product Safety Commission, which regulates cribs, has warned about the problem. Its chairman has now pledged to ban the manufacture and sale of cribs by the end of the year. This will have to be done by a new regulation which would make fixed-side cribs mandatory. However, due to federal law, the new regulation may not become effective until late in 2011.

While the child care industry has started phasing out these cribs and some retailers such as Babies R Us and Wal-Mart have taken them off sale floors, they are still being sold for sale on the Internet. The Associated Press found drop-sides for purchase on websites for Sears, Kmart and Amazon. Craigslist also had scores of used drop-side cribs for sale.

Sen. Kirsten Gillibrand, of New York announced last week that she plans to introduce legislation this week to outlaw the manufacture, sale and resale of all drop side cribs and ban them from daycare centers and hotels.

More than 7 million of these cribs have been recalled in the past five years, often because screws, safety pegs or plastic tracking for the rail can come loose or break. The industry insists that babies are safe in drop-sides that haven't been recalled.

But when the hardware malfunctions, the drop-side rail can detach partially from the crib. That creates a dangerous "V"-like gap between the mattress and side rail where a baby can get caught and suffocate or strangle.

An outbreak of 19 E-coli related illnesses in Michigan, Ohio and New York may be linked to shredded romaine lettuce sold to grocery stores for use in salad bars and delis, according to the Food and Drug Administration (FDA). Yesterday, the FDA announced a recall of the potentially dangerous produce.

Escherichia coli (abbreviated as E. coli) are a large and diverse group of bacteria. Although most strains of E. coli are harmless, others can be extremely harmful. Strains of E. coli can cause diarrhea, urinary tract infections, respiratory illness, pneumonia, and other illnesses.

The lettuce has been recalled by Freshway Foods, a closely held company based in Sidney, Ohio, according to the FDA press release. Twelve of the 19 people with confirmed cases of E. coli have been hospitalized, including three with potentially life-threatening complications.

The recalled lettuce was sold to wholesalers and food- service outlets in 23 states and Washington, D.C., the FDA said. The lettuce also was sold for use in salad bars and delis in supermarkets owned by Kroger, Ingles, Marsh Supermarkets Inc., and Giant Eagle Inc. The states involved are: Alabama, Connecticut, District of Columbia, Florida, Georgia, Illinois, Indiana, Kansas, Kentucky, Maryland, Massachusetts, Michigan, Missouri, New Jersey, New York, North Carolina, Ohio, Pennsylvania, Rhode Island, South Carolina, Tennessee, Virginia, West Virginia, and Wisconsin.

The illnesses in the three states were linked to lettuce produced by one processing plant and a New York public health laboratory confirmed E. coli in an unopened bag of lettuce from the same facility, the FDA said in its release

We have recently written about the defective heart defibrillators sold by the Guidant Corporation and the dangers they present. Last week a federal judge in Minnesota rejected a plea agreement between the federal government and the Guidant Corporation, saying that the deal did not hold the company sufficiently accountable.

The plea agreement worked out between federal prosecutors and Guidant requires Guidant to plead guilty to two misdemeanors and pay a $296 million fine.

But, the judge held that the agreement was not in the best interest of justice and failed to adequately serve the public’s interest. He found that it did not adequately address the seriousness of the offenses.

The judge found that prosecutors should have sought probation for Guidant and its parent, Boston Scientific. Probation would have allowed the court to maintain control over Guidant to ensure that agreed upon remedial steps were implemented.
The judge also suggested other provisions that might be suitable in a new plea deal, including charitable activities by Guidant to improve heart device safety and improve medical care among minority patients.

After a hearing last month, several doctors and patients wrote to the judge urging him to reject the deal and arguing that former Guidant executives should be criminally charged in the case.

The case results from disclosures in 2005 that Guidant did not alert doctors and patients that some of its defibrillators had a defect that might cause them to fail. At least six patients died.

Recently, prosecutors charged in court papers that Guidant had knowingly sold potentially flawed defibrillators. But that issue was not addressed in the plea agreement. Instead, the company agreed to plead guilty to two misdemeanor charges that related to the completeness and accuracy of its filings with the FDA.

Dangerous cribs that can injure or kill infants have been recalled. The Consumer Product Safety Commission announced last week that approximately 217,000 Graco cribs have been recalled, due to a malfunction that can entrap, suffocate or strangle infants and toddlers.

The recall includes "drop side" wooden cribs made by LaJobi.

Faulty hardware can cause the drop side to detach from the crib, creating a gap in which infants and toddlers can become wedged or entrapped, posing a risk of suffocation and strangulation.

The CPSC and LaJobi received 99 complaints about the faulty drop side. Children were trapped in two cases and later freed by their caregivers. There were six reports of children falling out of the crib due to the malfunction.

While LaJobi, as the manufacturer, is primarily handling the recall, it marks the third major recall tied to the Graco name this year. Atlanta-based Graco Children's Products recalled 1.5 million strollers in January and 1.2 million high chairs in March.

The cribs were sold, starting in February 2007 at retailers throughout the country for $140 to $200. The crib recall includes Ashleigh Drop Side, Hapton Drop Side, Jason Convertible Drop Side, Kendal Drop Side, Lauren Drop Side, Sarah Drop Side, Shannon Drop Side, and Tifton Drop Side.

Consumers should immediately stop using the cribs and contact LaJobi's recall hotline at (888) 842-2215 to receive a free hardware retrofit kit, the company said.

Yesterday, the Associated Press reported that on Thursday of this week the government recalled thousands of baby cribs manufactured by Simplicity and Graco, after warning that babies could suffocate or strangle in them. Apparently the problem with both types of cribs relates to faulty or defective hardware. According to the article, the Consumer Product Safety Commission said the Simplicity crib recall was linked to at least one death and it involved thousands of cribs. The recall involving Simplicity products is for all full-sized cribs with tubular medal mattress or support frames. Allegedly, those frames can bend or detach, causing the mattress to collapse and creating a space where a child can become trapped and suffocate. The Graco branded wood cribs involve a side that moves up and down, which can break or detach, creating a dangerous gap where a child can become trapped and suffocate.

The Georgia injury lawyers at Finch McCranie, LLP have represented the families of numerous consumers whose loved ones have died as a result of defective products. If you or a loved one have been seriously injured as a result of purchasing and using a dangerous product, call us today for a free consultation. We have been handling product liability cases for over 45 years.

Consumer Reports has given the Lexus GX 460 SUV a rare "Don't Buy" warning, saying a problem that occurred during routine handling tests could lead to a rollover accident in real-world driving.

In another hit to Toyota's reputation, the magazine reported that during a test of the vehicle's performance during unusual turns, the rear of the vehicle slid until it was nearly sideways before the electronic stability control system kicked in.

Consumer Reports said in real-world driving, this could cause a rollover accident. As a result, the magazine has given the seven-seat SUV a "Don't Buy: Safety Risk" label until the problem is fixed.

Consumer Reports said the last vehicle to receive such a warning was the 2001 Mitsubishi Montero Limited. It said among the 95 SUVs in its current ratings, no other slid as far as the GX 460.

In a statement Toyota said it is concerned with Consumer Reports' findings, adding that its engineers will try to duplicate the magazine's tests to determine its next steps.

Starting at about $52,000, the GX 460 is a small-volume vehicle for Lexus, Toyota Motor Corp.'s luxury brand. It went on sale in November and only about 5,000 have been sold since then. But the warning represents yet another blow for Toyota's tarnished reputation for safety following recalls of millions of vehicles for faulty gas pedals. The GX 460 is not covered by the pedal recalls.

Consumer Reports said the problem occurred during a handling test on its test track. During the test, the driver approaches a turn unusually fast, then releases the accelerator pedal to simulate the response of an alarmed driver. This causes the rear of the vehicle to slide.

In normal cases, the vehicle's electronic stability control should quickly correct the loss of control. But in the case of the GX 460, the stability control took too long to adjust, causing a risk of rolling over. However, Consumer Reports said it is not aware of any reports of the vehicle rolling over. The magazine said it tested two separate vehicles, both of which experienced the problem, but neither rolled over.

The GX 460 is built on the same platform as the Toyota 4Runner, but Consumer Reports said the problem did not occur during similar tests on the 4Runner. According to Toyota's Web site, both vehicles are about six feet tall but the GX 460 is about 3 inches taller.

Consumer Reports said it is very rare for the magazine to caution consumers against buying a vehicle because of safety concerns. The Mitsubishi Montero, a large SUV, received such a warning in its August 2001 issue after testers claimed its wheels lifted off the ground during standard avoidance-maneuver tests.