Mattress Cloud Recalls Mattresses Due to Violation of Federal Flammability Standard

The U.S. Consumer Product Safety Commission has announced a voluntary recall of the following consumer product because the product could cause personal injuries or death due to product liability. Consumers should stop using recalled products immediately unless otherwise instructed. It is illegal to resell or attempt to resell a recalled consumer product.

Name of product:

Mattresses and mattresses with foundations

Hazard:

The mattresses fail to meet the mandatory federal open flame standard for mattresses, posing a fire hazard to consumers.

Consumer Contact:

The Mattress Cloud Inc.; toll-free at (855) 622-4233, from 8 a.m. to

4 p.m. ET Monday through Friday or email the firm at mattresscloud@yahoo.com.

Units

About 1,400

Description

This recall involves Mattress Cloud new and renovated (rebuilt) twin, full, queen and king mattresses sets.  The mattresses were sold in a variety of colors and fabrics. “Ultra Support” and “Ortho Type” are printed on iron-on labels on the mattresses. Recalled mattresses have a white federal tag with “Manufactured By: The Mattress Cloud, 769 Chauncey, Brooklyn, NY 11207.” The recall involves all Mattress Cloud mattresses manufactured prior to January 25, 2012.  Some mattress tags have no date printed on them which are included in the recall. Mattress tags with a date of manufacture on or after January 25, 2012 are not included in the recall.

Incidents/Injuries

None reported

Remedy

Consumers should immediately contact The Mattress Cloud to receive a free replacement mattress and to arrange for the firm to pick up the recalled mattress.

Sold at

Mattress and furniture stores in N.J., N.Y. and Pa. from August 2011 through January 2012 for between $80 and $175. 

Manufacturer

The Mattress Cloud Inc., of Brooklyn, N.Y.

Manufactured in

United States

Source:  http://www.cpsc.gov/en/Recalls/2013/Mattress-Cloud-Recalls-Mattresses-Due-to-Violation-of-Federal-Flammability-Standard/#Remedy

Liability For Alcohol-Related Car Crashes Causing Personal Injury Or Wrongful Death

Car crashes or motorcycle accidents caused by alcohol intoxication can lead to more than just an Operating While Intoxicated offense.  Civil lawsuits for personal injury, wrongful death, or property damages are also possible if the crash hurts someone or damages property.  The drunk driver can certainly be liable, and if the driver was drinking at a bar at some point before the crash the bar could be liable too for contributing to the driver’s intoxication.

Bar owner liability for alcohol-related car accidents is set by Iowa’s “dram shop” statute, Iowa Code 123.92.  That statute extends liability for alcohol-related car crashes (and other types of injuries) to bar owners who serve alcohol to the person who causes the crash.  Liability can be imposed if the bar serves someone when the bar’s employees knew or should have known that the customer would become intoxicated or was already intoxicated.  A person is considered intoxicated if the person’s reason or mental ability has been affected, the person’s judgment is impaired, the person’s emotions are visibly excited, or the person has, to any extent, lost control of bodily actions.

Arguments often occur in dram shop cases over whether a particular establishment was responsible for the intoxication when the person visited multiple places the same day or night.  Iowa law holds that the alcohol served by a particular bar does not have to be the sole cause of the intoxication.  It is enough if it was a contributing cause of the intoxication.  That opens the possibility for more than one place to be liable in a dram shop action if several contributed to the intoxication.

Dram shop cases have tricky statutory requirements and deadlines for preserving your legal rights if you’re contemplating an action against a bar for an alcohol-related injury.  Also, there are several nuances in the dram shop law that require careful legal analysis and attention.  These are not claims that you’d want to attempt without an attorney.  Please feel free to contact me if you have a potential dram shop claim you’d like to discuss.  I’d be happy to speak with you and see if I can help out.

Siemens Recalls Temperature and Humidity Sensors for Schools, Hospitals and Other Buildings Due to Fire Hazard

The U.S. Consumer Product Safety Commission has announced a voluntary recall of the following consumer product because the product could cause personal injuries or death due to product liability. Consumers should stop using recalled products immediately unless otherwise instructed. It is illegal to resell or attempt to resell a recalled consumer product.

Name of product: Q-Series Temperature and Humidity Sensors

Units: About 57,000

Manufacturer: Siemens Industry, Inc., of Buffalo Grove, Ill.

Hazard: The sensors can overheat, posing a fire hazard.

Incidents/Injuries: Four incidents of overheating and fires have been reported to Siemens. Two of the fires were in schools and two in hospitals. Minor damage was reported. No injuries have been reported.

Description: This recall involves wall-mounted Q-series sensors that control heat, air conditioning and humidity inside commercial buildings, hospitals and schools. The sensors come in three designs: a blank cover, a cover with a digital display screen or a cover with a digital display screen and door. The sensors are either white or beige and have a Siemens, Talon, Staefa Control System, Staefa Control System/Talon logo or no logo. The recalled model numbers begin with QAA and QFA, and one with SB1. They are:

QAA 2060, QAA 2063, QAA 2072, QAA 2073
QFA 2000, QFA 2001, QFA 2060, QFA 2071, QFA2072, QFA 3000, QFA 3001, QFA 3060, QFA 3071, and SB1-0834

The model number is located on the sensor’s circuit board inside the unit.

Sold by: Siemens sales offices, partners, resellers and installers from June 2007 through August 2012 for between $200 and $400.

Manufactured: China and United States

Remedy: Consumers should look to see if their sensors are currently operating on an AC power source and, if they are, consumers should immediately have the recalled sensors converted to a DC power source. Consumers should contact Siemens to schedule the installation of a free replacement sensor. Siemens is directly contacting owners of the recalled sensors.

Consumer Contact: Siemens at (800) 516-9964 from 7 a.m. to 5:30 p.m. CT Monday through Friday, or online at http://w3.usa.siemens.com/buildingtechnologies go to Product Safety Recall.

Siemens Sensor – Biege Blank No Logo

Siemens Sensor – Beige Display Screen

Siemens Sensor – White Display Screen, Staefa/Talon label

Source:  http://www.cpsc.gov/cpscpub/prerel/prhtml13/13720.html

Target Pajama Recall: Children’s Two-Piece Pajama Sets Recalled Due To Flammability Violation

The U.S. Consumer Product Safety Commission has announced a voluntary recall of the following consumer product because the product could cause personal injuries or death due to product liability. Consumers should stop using recalled products immediately unless otherwise instructed. It is illegal to resell or attempt to resell a recalled consumer product.

Name of Product: Girls’ Circo Fleece Blanket Sleepers

Units: 42,000

Importer: Target Corp., of Minneapolis, Minn.

Hazard: The pajamas fail to meet the federal flammability standards for children’s sleepwear, posing a risk of burn injuries to children.

Incidents/Injuries: None reported

Description: The recalled one-piece feet pajamas are fleece and were sold in sizes 12 months, 18 months, 2T, 3T, 4T, XS, S, M, L and XL. They come in three prints: purple owl, pink leopard, and blue doodle. There are several tags sewn into the neckline. “Circo Sleepwear” is printed on the top tag. “Target” and an identification number appear on a third tag. The below identification numbers are included:

Purple Owl:

• 075084972, 075084973, 075084974, 075084975, 075084976
• 243271104, 243271105, 243271062, 243271063, 243271064

Pink Leopard:

• 075085338, 075085339, 075085340, 075085341, 075085342
• 243271052, 243271065, 243271066, 243271067, 243271068

Blue Doodle:

• 075085388, 075085389, 075085390, 075085391, 075085392
• 243271047, 243271048, 243271049, 243271050, 243271053

Sold exclusively at: Target and Target.com nationwide from August 2012 to October 2012 for about $13.

Manufactured in: China

Remedy: Consumers should immediately stop using the pajamas and return them to any Target store to receive a full refund.

Consumer Contact: Target at (800) 440-0680 from 7 a.m. to 6 p.m. CT Monday through Friday, or online at www.target.com and click on the Product Recalls at the bottom of the page and then Children’s and Baby Products.

Recalled Circo girls’ fleece pajamas

The tag with the identification number

Source:  http://www.cpsc.gov/cpscpub/prerel/prhtml13/13095.html

Columbia Sportswear Reannounces Its Recall of Batteries Sold With Jackets Due To Fire Hazard

The U.S. Consumer Product Safety Commission has announced a voluntary recall of the following consumer product because the product could cause personal injuries or death due to product liability. Consumers should stop using recalled products immediately unless otherwise instructed. It is illegal to resell or attempt to resell a recalled consumer product.

Name of Product: Omni-Heat™ Lithium-Polymer Rechargeable Batteries

Units: About 66 batteries (33 jackets with two battery packs each)

Importer: Columbia Sportswear Company, of Portland, Ore.

Hazard: The batteries have a cell defect which can cause overheating, posing a fire hazard.

Incidents/Injuries: The firm received one report of an overheating battery in Europe. No incidents or injuries were reported in the U.S.

Description: This recall involves battery packs that power heating systems in jackets. The black battery packs are 3.25 inches long by 2.3 inches wide by 0.7 inches deep and marked with “Columbia” on the top and “OMNI-HEAT™” on the bottom of the pack. Part number 054978-001 is printed on the side of the battery label.

Two battery packs were included with styles from:
Fall 2011 Mens: Electro Amp™ Jacket (SM7864) and Circuit Breaker™ Softshell (SM7855)
Fall 2011 Womens: Circuit Breaker™ Softshell (SL7856); Snow Hottie™ Jacket (SL7866), and Snow Hottie™ Parka (SL7853).

Sold at: The recalled battery packs were sold with Columbia electric jackets sold by Columbia online and at Columbia Sportswear stores in the cities and states listed below between September and November 2012 for about $260.

The nine Columbia Sportswear outlets that carried the jackets with battery packs are located in:

Sunrise, Fla. 33304
Wrentham, Mass. 02093
Birch Run, Mich. 48415-9496
Albertville, Minn. 55301
Central Valley, N.Y. 10917
Las Vegas, Nev. 89106
Grove City, Penn. 16127
Park City, Utah 84098
Pleasant Prairie, Wis. 53158-1705

Manufactured in: China

Remedy: Consumers should immediately check the battery packs included with the electric jacket to determine if they are part of the recall. Those with affected batteries should immediately remove the affected battery pack(s) from the jacket and contact Columbia Sportswear for a free replacement.

Consumer Contact: Columbia Sportswear Company at (800) 622-6953 from 6 a.m. to 6 p.m. PT, by email at Columbia@custhelp.com, or visit the firm’s website at www.Columbia.com/Recall

Columbia battery

Columbia jacket

Columbia jacket

Columbia jacket

Columbia jacket

 

 

Source:  http://www.cpsc.gov/cpscpub/prerel/prhtml13/13089.html

Violating The “Rules Of The Road” May Cost You More Than A Traffic Ticket

Iowa Code Chapter 321 contains a dizzying array of “rules of the road.”  These are the sorts of motor vehicle statutes (for example, stopping at a stop sign or speeding), that are generally enforced through traffic tickets and small fines.   But what if, while rolling through a stop sign or barreling down the road in excess of the speed limit, you cause an accident?  Besides a traffic ticket, you could also be facing a personal injury or wrongful death lawsuit.  And in most cases, your violation of the rules of the road will be considered automatic negligence and will result in an almost certain finding of liability against you.  So what are some of the more common rules of the road that drivers violate on their way to a civil lawsuit for negligence?

1. Any person driving a vehicle on a highway shall drive at a careful speed not greater than nor less than is reasonable and proper, having due regard for the traffic, surface and width of the highway and of any other existing conditions.

2.  Speeding in excess of posted or statutory limits.  Regardless of the posted speed limit, no person shall drive any vehicle on a highway at a speed greater than will permit them to stop within the assured clear distance ahead.  The words “within the assured clear distance ahead” mean the distance from which noticeable objects, reasonably expected or anticipated to be upon the highway, may be seen.  Road conditions may be such that speed should be less than the legal limit.  Traffic laws call for the minimum of care and not the maximum.  A driver should not operate a vehicle up to the legal speed limit if the circumstances are such that ordinary care requires a lesser speed.

3.  A driver must have his or her vehicle under control.  It is under control when the driver can guide and direct its movement, control its speed and stop it reasonably fast.  A driver operating a vehicle must have it under control and shall reduce its speed to a reasonable and proper rate when approaching and traveling through a crossing or intersection of highways.

4.  The driver of a vehicle shall not follow another vehicle closer than is reasonable, considering the speed of the vehicles, the traffic and the condition of the highway.

5.  Maintaining a proper lookout.  “Proper lookout” is the lookout a reasonable person would keep in the same or similar situation.  It means more than looking and seeing.  It includes being aware of the operation of the driver’s vehicle in relation to what the driver saw or should have seen.  A driver need not keep a lookout to the rear all the time, but must be aware of the presence of others when the driver’s actions may be dangerous to others.

Goodman Company Recalls Amana Heating and Cooling Units Due to Fire Hazard

The U.S. Consumer Product Safety Commission has announced a voluntary recall of the following consumer product because the product could cause personal injuries or death due to product liability. Consumers should stop using recalled products immediately unless otherwise instructed. It is illegal to resell or attempt to resell a recalled consumer product.

Name of Product: Amana Packaged Gas/Electric Heating and Cooling units

Units: About 155

Manufacturer: Goodman Company L.P., of Houston, Texas

Hazard: The serial plates on the units have inaccurate information that could result in installers and servicers using undersized wiring, posing a fire hazard.

Incidents/Injuries: None reported

Description: This recall involves Amana Packaged Gas/Electric Heating and Cooling units with model number APG154911541BA and serial numbers beginning with 1206, 1207, 1208, 1209 and 1210. The model and serial numbers are printed on the serial plate attached to the control compartment door on the front of the unit. The units are used to provide heating and cooling to homes and commercial buildings. Packaged units provide heating and cooling all in one system. The gray-colored units measure about 40 inches high by 51 inches wide by 47 inches deep.

Sold by: Heating and cooling equipment dealers nationwide from June 2012 through October 2012 for about $5,600.

Manufactured in: United States

Remedy: Consumers should contact Goodman for a free replacement of the serial plate label and a free inspection of the installation wiring. Goodman is directly contacting customers who purchased the recalled units.

Consumer Contact: Goodman at (800) 394-8084 from 8 a.m. to 5 p.m. CT, Monday through Friday, or online at http://www.amana-hac.com and click on �Product Recall� for more information.

Recalled Amana Gas/Electric Heating and Cooling unit

Source:  http://www.cpsc.gov/cpscpub/prerel/prhtml13/13715.html

The “Professional” Exemption Under Federal Overtime Law

Another major overtime exemption is the “professional” exemption.  Remember that “exempt” employees are not entitled to overtime, ever, no matter how many hours they work.   So what are the requirements for an exempt professional employee?

As with most of the federal overtime exemptions, any employee, regardless of job title or duties, must generally be paid on a salary or flat fee basis to be eligible for the administrative exemption.  Hourly workers are almost never within the scope of the overtime exemptions.

There are two categories of “professional” employees.  The first is “learned professionals,” or people whose occupation requires knowledge of an advanced type in a field of science or learning customarily acquired by a prolonged course of specialized intellectual instruction.  The second category encompasses “creative professionals,” or people whose jobs requireinvention, imagination, originality, or talent in a recognized field of artistic or creative endeavor.

In general, to qualify for the learned professional exemption an employee’s primary duty must be the performance of work requiring advanced knowledge in a field of science or learning customarily acquired by a prolonged course of specialized intellectual instruction. Courts look at three main considerations in this regard: (1) The employee must perform work requiring advanced knowledge;(2) The advanced knowledge must be in a field of science or learning; and(3) The advanced knowledge must be customarily acquired by a prolonged course of specialized intellectual instruction.

To qualify for the creative professional exemption, an employee’s primary duty must be the performance of work requiring invention, imagination, originality or talent in a recognized field of artistic or creative endeavor as opposed to routine mental, manual, mechanical or physical work. The exemption does not apply to work which can be produced by a person with general manual or intellectual ability and training.

Overtime cases require legal analysis of federal statutes, U.S. Department of Labor regulations, and court decisions.  I can help you with any employment law or labor law questions that you might have.  Please feel free to contact me for a free initial consultation about employment law or labor law.