As tire manufacturers enter the age of the Internet of Things, some are making smart tires equipped with sensors that allow the consumer to view information regarding the tire on applications downloaded to their smart phones. These tires contain small sensors in their sidewalls that do not impact tire performance. The sensors can track the tire’s temperature, the tire’s inflation pressure, the tire’s mileage and even the tire’s load capacity. Not only the consumer can view this information, but so can service technicians maintaining the vehicle and tire.
Continue Reading Passenger Car Tires Drive into the Internet of Things

Fasolas v. Bobcat of New York Appellate Division (April 1, 2017)

A typical argument made by the plaintiffs and their experts in a design defect/ product liability case is that “Safety should never be an option.” Over the years, however, New York courts have recognized that optional safety features are perfectly appropriate under the right circumstances. If a safety feature is disadvantageous under certain conditions of use and the product can be safely used without it under those conditions, the courts have sometimes ruled that the purchaser is in a better position than the manufacturer to decide whether the safety feature is appropriate for the purchaser’s specific uses − even where the end user/injured party is not necessarily the purchaser. In cases where the purchaser is the end user’s employer, it has been held that the purchaser, as opposed to the manufacturer, was in a better position to decide whether the safety feature was appropriate for the employee’s uses. The leading example is Scarangella v. Thomas Built Buses, Inc., 717 N.E.2d 679 (NY 1999).
Continue Reading Equipment Manufacturers: Beware of the Rental Yard Customer When Safety Features Are Optional

The recent WannaCry ransomware cyberattack provided another chilling reminder of the potential disruptive power behind the Internet of Things. Even before the WannaCry attack in May 2017, a distributed-denial-of-service (DDoS) attack on a domain name server provider, Dyn, Inc., took place in October 2016, pushing many popular internet services offline for hours. The Dyn attack, which utilized the malware Mari as the supporting agent, was a sea-change event carried out by hundreds of thousands of internet-connected devices, such as routers, security cameras and DVRs, that rely on default factory user names and passwords coupled with weak or nonexistent security protections. It illustrated that hackers can now target vulnerable low-hanging fruit and turn it into a super botnet to carry out the DDoS attack. One takeaway from the Dyn attack is that the exponential growth of devices coming online, some 5.5 million per day according to Gartner, creates an unparalleled ecosystem for malevolent actors to find and weaponize the Internet of Things (IoT).
Continue Reading The Internet of Things: A Trifecta of Cyber and Physical Threat Risks

Mini segway or hover board scooterSince our last blog post on lithium-ion batteries, there has been a report that a self-balancing scooter, known as a hoverboard, is the suspected cause for a March 10, 2017, fatal fire that occurred in Harrisburg, Pennsylvania. The fire resulted in the death of a three-year-old girl. Fire origin and cause experts are still investigating, but statements from persons who escaped the home indicate that a charging hoverboard “exploded” and caused the fire.
Continue Reading Lithium-Ion Batteries: Hoverboard Suspected in Fatal Fire