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"Recall Alerts"

12-21-2011

Published by:
Peter A. Lynch, Esq.
of Cozen O'Connor
palynch@cozen.com
http://www.cozen.com

 

EXECUTIVE SUMMARY:      This weekly newsletter covers:

  1. NHTSA recalls CHEVROLET / CAPTIVA
  2. CPSC issues recall BatteriesPlus Recalls Replacement Battery Packs Used with Cordless Tools Due to Explosion Hazard
  3. NHTSA recalls FISKER KARMA PASSENGER CARS


(1) NHTSA RECALLS CHEVROLET / CAPTIVA

The U.S. Consumer Product Safety Commission, in cooperation with the firm named below, today announced a voluntary recall of the following consumer product. Consumers should stop using recalled products immediately unless otherwise instructed. It is illegal to resell or attempt to resell a recalled consumer product.

Vehicle Make / Model: CHEVROLET / CAPTIVA

Model Year(s): 2011-2012

Manufacturer: GENERAL MOTORS LLC

Mfr's Report Date: DEC 19, 2011

NHTSA CAMPAIGN ID Number: 11V591000

NHTSA Action Number: N/A

Component: STEERING:HYDRAULIC POWER ASSIST:POWER STEERING FLUID

Potential Number of Units Affected: 3,150

Summary: GENERAL MOTORS (GM) IS RECALLING CERTAIN MODEL YEAR 2011-2012 CHEVROLET CAPTIVA VEHICLES MANUFACTURED FROM OCTOBER 2, 2009, THROUGH APRIL 21, 2011. DRIVING THE VEHICLE WITH THE TRANSMISSION IN MANUAL MODE AND IN FIRST GEAR CAUSES THE ENGINE AND POWER STEERING PUMP TO OPERATE AT HIGHER SPEED THAN IS TYPICAL. INCREASED PUMP SPEED GENERATES HEAT THAT IS TRANSFERRED TO THE POWER STEERING FLUID AND CAN RESULT IN POWER STEERING FLUID TEMPERATURES THAT APPROACH THE POWER STEERING PUMP RESERVOIR’S MELTING POINT.

Consequence: AFTER PROLONGED EXPOSURE TO ELEVATED FLUID TEMPERATURES, THE RESERVOIR MAY LEAK. LEAKING FLUID, IN THE PRESENCE OF AN IGNITION SOURCE, MAY RESULT IN A FIRE.

Remedy: GM WILL NOTIFY OWNERS AND DEALERS WILL REPLACE THE POWER STEERING FLUID COOLER WITH AN IMPROVED VERSION, FREE OF CHARGE. AN ADVISORY LETTER TO CUSTOMERS, ALONG WITH INSTRUCTIONS, WILL BE MAILED IN JANUARY 2012. WHEN PARTS BECOME AVAILABLE, GM WILL SEND ANOTHER LETTER ASKING CUSTOMER TO TAKE THEIR VEHICLE TO A GM DEALER TO HAVE THE REPAIRS PERFORMED. GM ANTICIPATES PARTS WILL BE AVAILABLE IN MARCH 2012. OWNERS MAY CONTACT CHEVROLET AT 1-800-630-2438.

Notes: GM'S RECALL NUMBER IS 11333. OWNERS MAY ALSO CONTACT THE NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION'S VEHICLE SAFETY HOTLINE AT 1-888-327-4236 (TTY 1-800-424-9153), OR GO TO HTTP://WWW.SAFERCAR.GOV.

To see this recall on CPSC's web site, including a picture of the recalled product, please go to: http://www-odi.nhtsa.dot.gov/recalls/results.cfm?rcl_id=11V591&searchtype=quicksearch&summary=true&refurl=email


(2) CPSC ISSUES RECALL BATTERIESPLUS RECALLS REPLACEMENT BATTERY PACKS USED WITH CORDLESS TOOLS DUE TO EXPLOSION HAZARD

The U.S. Consumer Product Safety Commission, in cooperation with the firm named below, today announced a voluntary recall of the following consumer product. 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: Rayovac NI-CD Cordless Tool Battery Packs

Units: About 111,800

Importer: BatteriesPlus LLC, of Hartland, Wis.

Hazard: The replacement battery pack can explode unexpectedly, posing a risk of serious injury to consumers.

Incidents/Injuries: BatteriesPlus has received five reports of exploding batteries. No injuries have been reported.

Description: This recall involves RAYOVAC-branded replacement battery packs used with cordless power tools. "RAYOVAC," "NI-CD" and a part number beginning with "CTL" are printed in white lettering on the product. The battery packs were sold in voltages ranging between 2.4 and 18 volts in various sizes and shapes. They were sold as replacement batteries to the following brand tools: Black and Decker, Bosch, DeWalt, Makita, Milwaukee, Panasonic, Ryobi and Skil.

Sold exclusively at: BatteriesPlus retail stores nationwide and online at www.batteriesplus.com between June 2008 and October 2011 for about $60.

Manufactured in: China

Remedy: Consumers should immediately stop using and remove the battery packs from cordless tools. Consumers can contact BatteriesPlus for instructions on how to return the product for a store credit.

Customer contact: For more information, contact BatteriesPlus toll-free at (877) 856-3232 between 9 a.m. and 4:30 p.m. CT Monday through Friday, or visit the firm’s website at www.batteriesplus.com

To see this recall on CPSC's web site, including a picture of the recalled product, please go to: http://www.cpsc.gov/cpscpub/prerel/prhtml12/12063.html

Picture of recalled CTL10002 battery pack and date code identification


Picture of recalled CTL10011 battery pack and date code identification


Picture of recalled CTL10019 battery pack and date code identification


Picture of recalled CTL10032 battery pack and date code identification


Visit BatteriesPlus.com for a complete list of model numbers included in this recall.


(3) NHTSA RECALLS FISKER KARMA PASSENGER CARS

The U.S. Consumer Product Safety Commission, in cooperation with the firm named below, today announced a voluntary recall of the following consumer product. Consumers should stop using recalled products immediately unless otherwise instructed. It is illegal to resell or attempt to resell a recalled consumer product.

Vehicle Make / Model: FISKER / KARMA

Model Year(s): 2012

Manufacturer: FISKER AUTOMOTIVE, INC.

Mfr's Report Date: DEC 21, 2011

NHTSA CAMPAIGN ID Number: 11V598000

NHTSA Action Number: N/A

Component: ELECTRICAL SYSTEM: BATTERY: PROPULSION SYSTEM

Potential Number of Units Affected: 239

Summary: FISKER IS RECALLING CERTAIN MODEL YEAR 2012 FISKER KARMA PASSENGER CARS MANUFACTURED FROM JULY 1, 2011, THROUGH NOVEMBER 3, 2011. WITHIN THE HIGH-VOLTAGE BATTERY, CERTAIN HOSE CLAMPS MAY HAVE BEEN POSITIONED INCORRECTLY DURING ASSEMBLY. IF POSITIONED INCORRECTLY, THE BATTERY COMPARTMENT COVER COULD INTERFERE WITH THE HOSE CLAMPS, POTENTIALLY CAUSING A COOLANT LEAK FROM THE COOLING HOSES.

Consequence: IF COOLANT ENTERS THE BATTERY COMPARTMENT, AN ELECTRICAL SHORT COULD OCCUR POSSIBLY RESULTING IN A FIRE.

Remedy: FISKER WILL NOTIFY OWNERS, AND DEALERS WILL REPLACE THE HIGH-VOLTAGE BATTERY WITH A NEW PART AT NO COST TO THE OWNER. THE SAFETY RECALL IS EXPECTED TO BEGIN DURING JANUARY 2012. OWNERS MAY CONTACT FISKER CONSUMER AFFAIRS AT 1-855-575-7577, OPTION 2, 6AM - 7PM (PST) MONDAY THROUGH FRIDAY.

Notes: FISKER'S RECALL CAMPAIGN NUMBER IS 51611001. OWNERS MAY ALSO CONTACT THE NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION'S VEHICLE SAFETY HOTLINE AT 1-888-327-4236 (TTY 1-800-424-9153), OR GO TO HTTP://WWW.SAFERCAR.GOV.

To see this recall on CPSC's web site, including a picture of the recalled product, please go to: http://www-odi.nhtsa.dot.gov/recalls/results.cfm?rcl_id=11V598&searchtype=quicksearch&summary=true&refurl=email

DISCLAIMER: This column is not intended to create an attorney-client relationship. The information contained in this update is general in nature. Individual situations of readers may not fit the general educational information described in the column. Readers are strongly encouraged to consult with an attorney to evaluate individual situations and provide legal advice. Any reliance on the information contained herein is taken at the reader's own risk and should not be considered legal advice.

Mr. Lynch can be reached at Cozen and O'Connor, 501 West Broadway, Suite 1610, San Diego, California 92101, 800-782-3366 (voice), 619-234-7831 (fax), palynch@cozen.com (e-mail), http://www.cozen.com. Follow us on Twitter at @firesandrain.

Please direct comments, suggestions, stories, and other items to the author by e-mail at palynch@cozen.com

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