Thursday, June 23, 2011

CSPC issues recall on gel used to light ceramic fire pots : Napa Home & Garden/Bed Bath and Beyond

From the CPSC site:

WASHINGTON, D.C. – 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: Pourable NAPAfire and FIREGEL Gel Fuel bottles and jugs

Units: About 460,000 bottles and jugs

Distributor: Napa Home & Garden, of Duluth, Ga.

Hazard: The pourable gel fuel can ignite unexpectedly and splatter onto people and objects nearby when it is poured into a firepot that is still burning. This hazard can occur if the consumer does not see the flame or is not aware that the firepot is still ignited. Fuel gel that splatters and ignites can pose fire and burn risks to consumers.

Incidents/Injuries: Napa is aware of 37 reports of incidents, including 23 burn injuries to consumers.

Description: The product is a clear, pourable gel fuel packaged in clear one-quart plastic bottles and one-gallon plastic jugs and sold in non-scented and citronella scents. The fuel is poured into a stainless steel cup in the center of firepots or other decorative lighting devices and ignited.

Sold at: Bed Bath & Beyond, Shopko, Restoration Hardware, specialty and gift shops, furniture stores, and home and garden stores nationwide, as well as through, home and garden catalogs, and home decorators and landscape architects between December 2009 and June 2011 for between $5 and $78.

Remedy: Consumers should immediately stop using the pourable gel fuel in firepots and return all bottles or jugs to the retailer where the consumer purchased the fuel for a full refund. A retrofit for the Napa brand firepots is being evaluated and may be available in the near future.

Mark Zamora, attorney: 404-451-7781

Monday, June 20, 2011

We're Back: The Truth about John Stossel and Tort Reform

It's been a busy 2011 for the folks at GTLA. With so much going on in the General Assembly this past spring, we've admittedly not done a very good job updating the blog. We are back though, so stay tuned.

Our first post is a guest Post on Tort Reform and John Stossel:


John Stossel Tort Reform Propaganda Seeks To Brainwash & Attack Our Constitutional Right to a Jury & Civil Justice

If your Constitutional right as an American to bear arms (2nd amendment),to be free from search and seizure by the government (4th amendment) or your right to freedom of religion (1st amendment) was under attack---what would you do?

Fortunately, our great Constitution has set up a mechanism to enforce the protection of our rights through the 7th amendment. The 7th amendment insures our right to justice through the civil jury system. This means if someone violates our life and liberty (kills us or injures us seriously) or violates our rights and protections under the law---the way we can protect ourselves, enforce our rights, and hold wrongdoers accountable for the harms they've caused is through the civil justice jury system. Rather then taking matters into your own hands through violent means, our great country has set up a civil justice system that allows us to protect ourselves against those who might seek to violate our rights---whether they are a big corporation or a big government. Under the eyes of the law, the little guy and the powerless have a tool for standing up against injustice through the civil jury system--a constitutional right established in our 7th amendment.

Unfortunately over the past decade-- through a high priced publicity campaign funded by big corporate interests---- Americans have been incessantly subjected to an ever constant barrage of brainwashing propaganda which seeks to convince the public of a perversion that attacks the foundation of one of our most important Constitutional rights: the civil justice system, the very foundation of the 7th amendment and the primary tool we have to protect ourselves from violations of these rights.

This publicity campaign has succeeded for the most part in having many Americans believe that defendants who injure or kill people due to acts of wrongdoing or negligence shouldn't have to be held accountable because there are too many "frivolous lawsuits" or to stop "insurance rates from going up"---both patently false arguments which have been scientifically disproven.

John Stossel is a good example of someone who has bought this lie hook line and sinker and continues to perpetuate it through his hogwash "reporting" on attorneys and lawsuits. The problem is that Stossel is very hypocritical and plain inaccurate when it comes to this issue.

Hypocritical because he has had no problem in suing folks himself---unfortunately not due to legitimate reasons, for example when someone is being held accountable for injuring or killing someone due to their wrongful acts (i.e. when a company lies to consumers about a product that kills), but only when he himself was acting stupid-- i.e.goaded one of the wrestling pros into slapping him (Stossel) during an interview and then sued the wrestler.

Stossel does more harm to the American justice system and contributes to the ever present attack against our basic Constitutional rights enforced through our 7th amendment civil justice system with his clearly biased tone.

--From GTLA - well said.