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On June 26, 2008 more ATV recalls were issued by the U.S. Consumer Product Safety Commission. Voluntary recalls were issued by Kawasaki for the 2008 KFX 50 and KFX 90 Youth models. KYMCO USA issued a voluntary recall for the 2008 Mongoose 50cc, 70cc and 90cc Youth ATVs. All these models were manufacturered in Taiwan in late 2007 through June 2008. Their price point was between $1,700 and $2,200.

The Kawasaki ATVs have a speed control defect caused by the failure of the throttle to return to the idle position when released, or that allows the vehicle to be started when the throttle is engaged. The KYMCO ATVs have a manufacturing defect in the carburetor that could cause the throttle to remain open. These defects pose serious risk of injury or death to the rider or others.

Owners of the defective ATVs should immediately cease using the products and contact an authorized dealer for a free repair. Owners may also contact Kawasaki at its toll-free number 1.866.802.9381, or KYMCO USA at 888.235.3417.

Again, ATVs are very popular in the Northern California region. If you have one of the recalled ATVs, or have friends or associates that you believe are operating these ATVs, please contact the local dealership to obtain the necessary repair.

Today, Arctic Cat voluntarily released a product safety recall on its 2008 Arctic Cat 50cc and 90cc All-Terrain Vehicles (ATVs).  These models are marketed for young users. 

 The defect is in the speed controller which can fail to return to the idle position when the throttle lever is released.  Another danger is that the engine may not be in the idle mode when the engine is started.  This can cause a loss of control of the vehicle which could result in serious injury or death.

Link to the recall notice to determine if you have a recalled model.  The 2008 50cc and 90cc Youth Model ATVs were manufactured in Taiwan and sold at Arctic Cat dealerships from July 2007 through June 2008 at a price point between $1,800 and $2,400.

If you have a recalled Arctic Cat ATV, discontinue use of the vehicle immediately and contact Arctic Cat at 800.279.6851 or at www.arctic-cat.com for a free repair.

Many people enjoy the recreational use of these ATVs in the mountains and rural regions of Shasta, Tehama, Butte, Trinity, Siskiyou, Humboldt, Lassen and Modoc counties during the spring and summer months.  It is not uncommon on these outtings for people to loan or share their ATVs with others to ride.  If you have one of the ATVs listed above, contact your dealer or the manufacturer and have the vehicle repaired.  If you notice that one of your riding companions has this model ATV, please advise them of the recall.  If you notice any problems with the responsiveness of the throttle on any ATV, have a competent repair professional check it out immediately.  Any compromise of the ability to fully control the throttle could lead to very dangerous circumstances.

Starting July 1, 2008, teen drivers under the age of 18 will not be allowed to use cell phone communications of any type while driving.   These  drivers will  not be allowed to use a “hand-held” phone or a “hands-free” phone.  The scope and purpose of the law and frequently asked questions about how it applies have been addressed in prior blogs.

Recently an insurance funded study by the Insurance Institute for Highway  Safety studied teenager compliance with similar laws passed in North Carolina in 2006.  Researches observed that teen drivers used their cell phones with the same frequency when leaving school grounds as they did before the law was passed.  It was also observed that the enforcement of the law was very difficult.  In this regard it was hard to determine when a teen driver might be communicating “hands-free,” or the specific age of the driver to justify pulling him/her over.  

These poor results do not portend a good compliance rate when the new California law goes into force.  The only way the law will be effective is if parents and teens self-enforce the law.   Though teens have a statistically higher rate of becoming involved in automobile crashes, and a statistically greater rate of involvement in accidents causing serious injuries or death, they do have a point that those statistics do not change the moment they turn 18, so why does the law? 

Our point in this blog is that the dangerousness of communicating on cell phones while driving a motor vehicle is underappreciated by most of the driving public at this time.  While the new law may highlight thoses dangers in its restrictions placed upon the most inexperienced drivers, the fact that the restrictions evaporate the day after these drivers turn 18 dissolves the lesson sought to be taught:  Driving while talking on a cell phone is distractive and potentially dangerous.

It has been reported that a federal jury in Georgia found General Motors liable this week in a rollover accident that killed a 14 year-old boy, and awarded his surviving parents $3.5 million in damages.  The rollover accident involved a 1995 Chevy Blazer. 

 In the lawsuit, the plaintiffs alleged that the 1995 Chevy Blazer had a known propensity to rollover due to  its track being too narrow for its height and center of gravity.  The vehicle had been re-engineered that very year, but it was asserted that the changes did nothing to enhance the SUV’s stability.

The rollover accident occurred on Interstate 985 in Gainesville, Ga., when a drunk driver lost control and spun into the Chevy Blazer.  The Blazer then began to spin and at some point rolled  several times, ejecting the 14 year-old boy.  The Blazer never left the roadway.  The mother watched her boy die with her own eyes. 

 GM purportedly never made an offer of settlement before the trial.  Now, GM’s attorneys have stated their intent to request the court to reduce the damages.   

A recent lawsuit brought in Florida asserts that a defective tire-valve stem caused a rollover crash that killed the driver. The driver’s widow sued Dill Air Control Products claiming that its so-called “snap-in” valve stem unexpectedly failed causing the right rear tire of her husband’s SUV to deflate, leading to a loss of control and rollover. The valve stems, model Dill TR413, were manufactured by Topseal, a Chinese subsidiary of Shanghai Baolong Dill Air Control Products, LLC.

Following this fatality, the National Highway Traffic Safety Administration launched an investigation into what is believed to be 30 million Chinese made valve stems that have been distributed in the United States. Dill Air Control issued a technical bulletin to major tire retailers indicating that they had been receiving complaints about surface cracks on the rubber air stems. “High speeds and an unsupportive rim profile allow the rubber valve to flex at a greater angle and may cause these cracks to propagate, leading to a slow leak of air,” the bulletin said.

It was reported by the Detroit News on June 12, 2008 that 6 million of these Chinese-made tire valve stems had been recalled by Tech International, an Ohio-based distributor. Remarkably, in a letter to NHTSA, Tech International stated that it had no way of identifying the end user of the TR413 valves it distributed. Assurances were made that the Chinese Manufacturer conducted tests and found no defective valve stems after November of 2006.

With the heavy summer driving season approaching, drivers are advised by these manufacturers to inspect valves stems for cracks, particularly if experiencing any loss of air pressure. Dill’s field bulleting suggests to retailers that, “Out of an abundance of caution, we are recommending that when customers return to your stores for regular service, you inspect the valve stems on vehicles who received valve stems during the period September 2006 to June 2007.”

Given the vast number of potentially defective valve stems that have been distributed throughout the United States, the Redding rollover attorneys of Reiner, Simpson & Slaughter are closely monitoring this impending recall. If you have any questions about the safety of your tires or valve stems, you are urged to return to your retailer to have the professionals perform an inspection.

 As this summer will be another blistering hot episode for the Redding, California area, swimming pools will be a popular venue for outdoor activity.  While pools are a great source for entertainment and beating the heat, they can be dangerous.

According to the  U.S. Consumer Product Safety Commission, drowning is the leading cause of accidental death of children under the age of 5 in California, Arizona and Florida.  Each year more than 300 children in this age group drown in residential swimming pools, usually a pool owned by their family.  More than 2,000 children in this group are treated in hospital emergency rooms for submersion injuries. 

As families, friends and neighbors often gather in backyards for informal get-togethers this summer, there is often a pool where the children are left free to swim and play.  Adults may be socializing, barbequing, or attending to a simple chore, such as answering the phone, when catastrophe occurs.

Following some of the following simple safety precautions could prevent such a mishap from occurring during your gathering. 

Safety Tips

        1.  Never leave a child unsupervised near a pool.  During social gatherings, appoint a “designated watcher” to sit poolside with undivided attention to young children in or about the pool.  Distracted or preoccupied adults put children at risk.

        2.  If a child is missing, check the pool first.  Seconds count in preventing death or disability.  Go to the edge of the pool and scan the entire pool, bottom and surface, as well as the pool area. 

        3.  Do not allow a young child in the pool without an adult.

        4.  Do not consider a child “drown proof” because he has had swim lessons.  Children must be closely watched while swimming.

        5.  Do not use flotation devices as a substitute for supervision.

        6.  Keep rescue equipment by the pool.

        7.  Remove toys from in and around the pool when it is not in use.  Toys attract young children.

        8.  Never prop open the gate to a pool barrier. 

Remember, a few minutes of thought and planning about the potential dangers that pools present to children can save a family from a life-time of guilt, regret and remorse.

 As this summer will be another blistering hot episode for the Redding, California area, swimming pools will be a popular venue for outdoor activity.  While pools are a great source for entertainment and beating the heat, they can be dangerous.

According to the  U.S. Consumer Product Safety Commission, drowning is the leading cause of accidental death of children under the age of 5 in California, Arizona and Florida.  Each year more than 300 children in this age group drown in residential swimming pools, usually a pool owned by their family.  More than 2,000 children in this group are treated in hospital emergency rooms for submersion injuries. 

As families, friends and neighbors often gather in backyards for informal get-togethers this summer, there is often a pool where the children are left free to swim and play.  Adults may be socializing, barbequing, or attending to a simple chore, such as answering the phone, when catastrophe occurs.

Following some of the following simple safety precautions could prevent such a mishap from occurring during your gathering. 

Safety Tips

        1.  Never leave a child unsupervised near a pool.  During social gatherings, appoint a “designated watcher” to sit poolside with undivided attention to young children in or about the pool.  Distracted or preoccupied adults put children at risk.

        2.  If a child is missing, check the pool first.  Seconds count in preventing death or disability.  Go to the edge of the pool and scan the entire pool, bottom and surface, as well as the pool area. 

        3.  Do not allow a young child in the pool without an adult.

        4.  Do not consider a child “drown proof” because he has had swim lessons.  Children must be closely watched while swimming.

        5.  Do not use flotation devices as a substitute for supervision.

        6.  Keep rescue equipment by the pool.

        7.  Remove toys from in and around the pool when it is not in use.  Toys attract young children.

        8.  Never prop open the gate to a pool barrier. 

Remember, a few minutes of thought and planning about the potential dangers that pools present to children can save a family from a life-time of guilt, regret and remorse.