Even though we're just a little over halfway through the year, 2010 may very well be considered the "year of the recall" with the sheer volume of defects and contaminated products reported thus far.
First, there was the Toyota debacle, prompting recalls of millions of the automaker's vehicles due to a sudden acceleration problem.
This week, Chrysler announced a recall on more than 22,000 of its vehicles, including the 2010 Dodge Nitro, Jeep Liberty, Jeep Wrangler and Ram 1500, due to a significant reduction in braking performance.
Ford also announced a recall on more than 33,000 Transit Connects due to a defect that could cause the vehicles' headliners to fall on occupants in a collision.
In the past month alone, there were a slew of product recalls announced by some of the nation's most well-known manufacturers and retailers, including Target, McDonald's, Kellogg's and Campbell Soup.
Aside from the fact that manufacturers need to do a better job of warning the public about recalls, the public, that's you and me, needs to do a better job of acting upon these warnings.
Millions of Products Recalled in Recent Weeks
In recent weeks, more than 100,000 children's belts sold at Target stores across the nation were recalled due to high levels of lead.
McDonald's recalled 12 million cadmium-tainted Shrek drinking glasses.
Kellogg's recalled a variety of its popular children's cereals due to elevated hydrocarbons in the lining of its cereal packaging.
Campbell Soup recalled 15 million pounds of SpaghettiOs due to undercooked meat.
And seven companies recalled 2 million cribs due to entrapment, suffocation and fall hazards.
These represent just a fraction of the U.S. product recalls that have occurred in the last month alone.
"Recall Indifference" -- A New Phenomenon
Governmental regulatory agencies and consumer advocates are concerned that, due to the high frequency of recall notices in recent months, people, that's you and me, have begun to ignore urgent calls to destroy or return defective goods.
In a recent study, 12 percent of Americans who were aware of contaminated food ate it anyway, despite warnings. That does not include me and hopefully does not include you.
An example of this so-called "recall indifference" occurred several years ago when Hasbro recalled its Easy Bake Oven due to the entrapment of children's fingers in the oven door. Despite that notice, close to 250 children were injured in the six months following the recall -- one child's injuries were so severe, doctors had to amputate part of her finger.
According to consumer experts, the general public is so overloaded with recall notices these days, it simply ignores warnings.
Government regulators say that while many retailers quickly pull defective products from shelves (or block the sale of defective products at the register) the tougher challenge is to get consumers to act.
Manufacturers Hold the Key
Analyses have shown that the most effective way to get consumers to respond is when manufacturers reach out directly to the known buyers of their products.
For example, automakers use vehicle registration information to track down customers and Costco uses data it aggregates from cardholders to call consumers within 24 hours of a recall, if those customers purchased an affected product.
At BISNAR | CHASE, we support initiatives that would mandate manufacturers and/or retailers to aggregate customer information, to be used specifically for recalls when they occur. All though we support such initiatives in general, I fear that manufacturers and retailers will use our information for purposes other than which it is intended. I don't trust them with so much of my personal information.
However, as we've shown in recent newsletter articles, product liability litigation is one of the most significant catalysts for safety improvements when it comes to the design and manufacturing of products and goods.
That said, our number one goal via the work we do at the litigation level is to improve the way products are designed and built before they're sold to the general public. The threat of litigation and/or money judgments has proven to cause manufacturers and retailers to make and sell safer products, identify unsafe products sooner and recall them quicker and more effectively.
Be sure to check out our March 2010 Newsletter, where we provide tips and advice about product recalls, including how to stay informed and how to avoid recalled products that are still available for purchase.
Summer's officially upon us and if you're like many of us here at BISNAR | CHASE, you've already taken a summer trip - or you plan to very soon. And like many of you multi-tasking is a necessity.
Our very own John Bisnar and Brian Chase, lovers of the great outdoors, took multi-tasking to a new level for them. John and Brian will occasionally go on a "Partners' Retreat" where they take some time together, away from the office for days to work on strategies for on going cases, improving the "client experience" and overall improvements in running the law firm. This year they decided to take their five -day retreat at the Kodiak Legends Lodge, in Kodiak, Alaska.
"The lodge operator told us to fly into Kodiak and they'd pick us up there. I had no idea they'd be picking us up in a very small single-engine plane and fly us to a dirt landing strip behind the lodge at Larsen Bay, over I mountain range," Brian explained.
If that wasn't thrilling enough, John and Brian traveled by a "Beaver" pontoon plane to otherwise nearly inaccessible fishing spots for their fly-fishing lessons. Neither had ever fly fished. The "Beaver" is designed to be able to land on small bodies of water, like lakes, bays and rivers. It isn't transportation for the faint of heart.
John and Brian caught plenty of fish and crab, including halibut (one weighed 134 pounds), black sea bass, salmon, Dolly Varden trout, yellowEye rockfish and tanner crab. According to John, tanner crabs are the best crab he's ever eaten. Check out all of the photos.
One of the most exciting parts of their trip was when they "bumped into" a magnificent Kodiak brown bear. In the wild, these creatures can weigh up to 1,500 pounds and measure ten feet from rear foot to nose -- the only bear that's larger is the polar bear.
When cruising in the float plane, John and Brian could tell where the great salmon fishing spots were due to the accumulation of Kodiak bears and bald eagles at the mouth of the river. An accumulation of bear and eagles means tons of salmon!
However, in order to take advantage of these great fishing spots, you have to get the bear to move and "leave you alone." According to John, the best way to do that was to carry a shotgun for protection.
You can see John carrying that shotgun in one of his many fishing excursion pictures.
The float plane came in handy when it was used to fly John and Brian from Larsen Bay back to the Kodiak airport when the cloud cover was so low and thick they were unable to fly in a regular single engine plane over the mountains due to poor visibility.
The pilot flew the "Beaver" as low as 75 feet off the ocean due to low cloud cover. He had to hug the coast line for visibility, making the trip three times as long as when going over the mountains. And if that wasn't enough to make the flight exciting, the plane's gauge indicated the aircraft was dangerously low on oil pressure after passing the point of no return. Talk about a thrill!
John and Brian said this trip will forever be engrained in their minds as a once-in-a-lifetime opportunity -- a chance to experience the breathtaking splendor of majestic North America. And yes, they did get a lot of work done.
So the next time you hear the call of the wild, listen to it! Get out there and enjoy life to the fullest whenever and wherever you can.
At BISNAR | CHASE, we're extremely committed to philanthropic endeavors and the power of community activism to make a positive difference in the lives of others.
In our "The Giving Spotlight" section, we'll update you each month with stories about people who epitomize what it means to have a giving spirit, to look beyond oneself to improve the lives of others.
When people get actively involved in the causes they care about, they can change the world.
Surf's up for the Rendezvous SURF-FEST and Chili Cook-off!
Our very own Sandra Smith, a Litigation Paralegal, is an American Legion member and stanch supporter. As a part of her active support for the American Legion's mission, she has again entered the American Legion's summer fund raising event, the Rendezvous SURF-FEST and chili cook-off and BISNAR | CHASE is sponsoring her.
The Rendezvous SURF-FEST will be held this Saturday, July 17, 2010 at the Sons of the American Legion, Squadron 291, in Newport Beach, California.
The event, co-hosted by the American Legion and KOCI radio, is designed to raise funds to support U.S. troops, with 100 percent of the proceeds going directly to the troops and their family members who need the help most.
The Sons of the American Legion Squadron 291 is a non-profit organization with a long history of raising money and distributing funds to military charities. The non-profit supports the Child Welfare Foundation that helps children of veterans find homes, jobs, food and clothing, and the Veterans Administration Group located in Long Beach, California.
It also distributes funds to groups within the Marine Corps Base of Camp Pendleton in Oceanside, California, with approximately 50 marines from the base's recon unit expected to attend this year's SURF-FEST event.
In addition to the BISNAR | CHASE sponsorship, our team, Sandra and her co-employee assistants, will compete in the event's chili cook-off, coming off our third place finish last year. We will also raffle off an exciting grand prize to one lucky winner in attendance.
Popular surf bands The JAN & DEAN Show, The Surftones, The Fabulous Nomads, The Surfaris and The Chanteys are set to entertain, with additional bands scheduled to perform on the outside stage.
What's more, guests will enjoy a classic surf car show, raffles and prizes, and the tastes of Newport's favorite restaurants hosting chili and BBQ booths.
The American Legion Rendezvous SURF-FEST will be held at 215 15th Street, Newport Beach, CA 92664, from 12:00 PM to 10:00 PM. Advanced tickets are $20 and online ticket purchases are $22.
For more information about this year's event, to make a donation or to become a sponsor, or to enter the chili cook-off or the classic surf car show, visit the SURF-FEST10 website or phone (949) 279-7575.
A lawyer opened his own office right after successfully passing the bar exam. Sitting idly at his desk, his secretary announced that a Mr. Baker was there to see him. He told his secretary to show him right in.
Thinking that it was a new client, he wanted to make a good impression.
As Mr. Baker was entering his office, the lawyer picked up the phone and yelled into it, "Absolutely not! You tell them I will not settle this case for less than five hundred thousand dollars. Don't bother me again until that amount has been agreed to!"
Slamming the phone down, he greeted Mr. Baker saying, "How do you do Mr. Baker. What can I do to help you?"
Mr. Baker replied, "Hi, I'm from the phone company. I'm here to connect your phone."
In July 2009, a woman was walking near the Linda Lane parking area and beach access tunnel in San Clemente, California, when her foot became trapped in seaweed, sand and other debris covering the walkway and the curb.
The suit alleges that the vehicle's fuel system design was defective, including its fuel tank and fuel filler neck assembly that allowed for dangerous gas leakage.
Even though her foot was immobilized, her body continued its forward momentum, causing the bones in her leg to twist and break. She suffered severe, permanent and disabling injuries as a result.
The lawsuit alleges that the City of San Clemente knew this area was prone to flooding and debris accumulation, yet it did nothing to remediate the problem or warn the public about it.
