Product Liability Law Blog

Abigail Taylor, the six-year-old girl who was seriously injured last year when here intestines were partially sucked out by a swimming pool drain in Minnesota, has died.

The catastrophic accident took place on June 29 while Abigail was sitting in a wading pool at the Minneapolis Golf Club. Abigail had to undergo liver, small bowel, and pancreas transplants following the incident.

Abigail's parents have fought for tougher laws that would prevent similar accidents from happening. In December, Congress approved The Virginia Graeme Baker Pool and Spa Safety Act, which prohibits the manufacture, distribution, or sale of drain covers that fail to meet anti-entrapment safety laws.

The bill is named after former Secretary of State James Baker’s granddaughter, who drowned in 2002 when she became trapped in a drain and couldn’t be pulled out because the suction was too strong.

Last November, Abigail’s parents filed a personal injury lawsuit against the Minneapolis Golf Club and Sta-Rite, the company that made the pool’s pump and drain. The couple is accusing the manufacturer of knowing that its products could cause evisceration but did not do anything to remove this danger.

In 2005, a U.S. Consumer Product Safety Commission report stated that since 1990, at least 130 people have gotten stuck in the suctions of pool and spa drains, resulting in numerous fatalities and many more injury cases. Other reports indicate that from 1985 to 2004 at least 33 children 14 years of age and under have died because of spa/pool entrapment, with almost 100 other kids sustaining serious injuries.

A person can become entrapped in a pool or spa drain when his or her hair, swimsuit, or another body part gets caught. Sometimes, the suction can be so strong that it becomes impossible to pull the trapped person out of the water.

Had she lived through adulthood, Abigail 's family says that her medical and special living costs would have cost about $30 million.

Our consumer products safety law firm represents clients in serious injury cases that were caused by a defective or dangerous product. Our products liability lawyers work with clients nationwide, and we handle defective products cases involving serious personal injury and wrongful deaths.

Girl Whose Intestines Were Partially Sucked Out by Swimming Pool Drain Dies, AP, March 21, 2008

Family of Girl Maimed by Pool Drain Sues, ABC News, November 16, 2007

Baker family motivated by the death of 7-year-old Virginia Graeme Baker, USA SafeKids.org, May 2, 2006

Related Web Resources:

Guidelines for Entrapment Hazards: Making Pools and Spas Safer, US Consumer Product Safety Commission, March 2005 (PDF)

The Virginia Graeme Baker Pool and Spa Safety Act (PDF)

Sta-RIte

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Posted by Gilbert, Ollanik, & Komyatte, P.C. | Permalink | Email This Post

Posted In: Injuries to Children & Minors , Swimming Pools

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In the latest major toy recall, Mega Brands and the U.S. Consumer Product Safety Commission recalled about 2.4 million toys with small magnets because of concerns that the magnet could fall off and seriously injure children if they swallowed or inhaled the small pieces.

Included in the voluntary MEGA Brands recall are 1.3 million MagnaMan Magnetic Toy Figures because the toys have small magnets that can come off. The magnets attach the body parts of each figure together.

While no injuries have been reported so far, the toymaker and the CPSC have reported 25 incidents of the magnet pieces falling off. Toy model numbers affected by the recall are available on the CPSC Web site.

MEGA Brands is also recalling 1.1 million Magtastik and Magnetix Jr. Pre-school Magnetic Toys. There have so far been 19 reported incidents of small magnet pieces falling off the toys.

One 18-month child reportedly put a magnet in his mouth but did not swallow it. A 3-year-old boy needed medical care to remove the magnet that got stuck in his nose.

This is not the first recall for MEGA Brands. In March 2006, MEGA Brands recalled 3.8 million magnetic building sets after four children were seriously injured and another child died because all of them had swallowed small magnet pieces.

In its second magnet toy-related recall since January, Battat Inc. recalled approximately 7,000 more toys with magnets. There have been 16 reports of magnets falling off the building pieces of Battat Magnabild Magnetic Building Toys or Sets.

Magnets can be very dangerous if swallowed or ingested—especially if more than one magnet enters the human body. Intestinal perforations or blocks can occur when two or more magnets come together and can result in serious injuries or deaths.

Our products liability lawyers handle many toy injury cases for children and their families. We are committed to helping you obtain compensation for the harm and trauma that your son or daughter has suffered at the hands of a dangerous or defective toy.

2.4M toys recalled because tiny magnets can fall out, USA Today, March 15, 2008

Battat Recalls Additional Magnetic Construction Sets; Ingested Magnets Pose Aspiration and Intestinal Hazards, CPSC.gov, March 13, 2008

Related Web Resources:

Swallowed Magnets Attract Trouble in Boy's Intestines, ABC News, February 5, 2008

Toy Magnets Attract Sales, and Suits, New York Times, July 15, 2008

Continue reading " MEGA Brands and Battat Recall 2.4 Million China-Made Toys with Magnets " »

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Posted In: Injuries to Children & Minors , Toys

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The Insurance Institute for Highway Safety released a report this week that confirms what many products liability attorneys and injury victims have said about sport utility vehicles all along: If they were made with better roofs, there would be less serious injuries and deaths when rollovers do occur.

Automakers have disputed this claim for years and safety regulators, such as the National Highway Traffic Safety Administration, have been slow to condemn the quality of SUV roofs without more definitive evidence.

The IIHS report, however, is definite about its conclusion that over 200 SUV rollover deaths could have been avoided in 2006 if these SUVs were made with roofs as strong as the best one the that the IIHS tested. “Strengthening a vehicle’s roof,” according to IIHS President Adrian Lund, “reduces injury risk.. a lot.”

The institute came to this conclusion after compiling data from 12 U.S. States and comparing the injury and death rates for four-door SUVs. The SUVs tested were sold from the mid-1990’s through 2004 and did not include models with side-curtain air bags or stability control.

Not everyone is convinced by the IIHS’s finding that improving vehicle roof strength is the answer. The NHTSA says that people not wearing seatbelts continues to be a major cause of rollover deaths. The NHTSA hasn’t revised its roof strength standard since 1971. It is working on a revised standard and estimates that this update, once implemented, will help save 13 to 44 lives a year.

Nissan, the automaker whose vehicle ranked as the “best roof” tested, says other factors, such as the seriousness of the crash, also affected the chances of serious injuries or deaths.

Roof Crushes
A roof that crushes during a motor vehicle accident increases the chances of passenger injury or death. Spinal cord injuries, head injures, neck injuries, traumatic brain injuries, and death are more likely to occur when a roof crushes into passengers’ bodies. Roof crushes are more likely to happen during a rollover. Because of the height and shape of SUV’s, these vehicles have a higher chance than cars of becoming involved in a rollover accident.

Our auto crash law firm represents clients injured in SUV rollover crashes and other kinds of serious injury accidents throughout the United States. We understand the nature of SUV rollover crashes and have gone up against some of the largest auto manufacturers in the world to sue for damages for our clients.

Crash-test report backs stronger roofs on SUVs, USA Today, March 12, 2008

Roof Strength and Injury Risk in Rollover Crashes, IIHS.org (PDF)

Related Web Resources:

Rollover Status Report, IIHS.org, (PDF)

Safety Briefing on Roof Crush, Citizen.org

Continue reading " IIHS Report Says Over 200 SUV Rollover Deaths Could Have Been Avoided In 2006 If Vehicles Had Stronger Roofs " »

Posted by Gilbert, Ollanik, & Komyatte, P.C. | Permalink | Email This Post

Posted In: Roof Crush , Sport Utility Vehicle Rollovers

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The U.S. Consumer Product Safety Commission is reporting an increase in nursery-related injuries and deaths affecting kids younger than 5. According to the CPSC’s annual report, there were 66,400 injuries involving nursery products that required emergency room attention in 2006. In 2005, there were 59,800 injuries.

High on the list of products involving serious injury accidents were play yard and cribs. 12,400 injuries and 43 deaths involving these products occur annually.

In 2007, 1.7 million play yards and cribs were recalled following reports of three deaths and a number of entrapment incidents. Graco and Simplicity products made up approximately 1 million of the products recalled.

Just last week, the CPSC and Munire Furniture Inc. recalled 24,000 cribs, including Majestic Curved Top and Flat Top Cribs, Essex Cribs, Brighton/Sussex Cribs and Captiva Cribs, because they did not meet federal safety standards. The failure of the four support brackets on the mattress to prevent the spring from going down to its minimum height can allow children to fall over the railing. The cribs were manufactured in Indonesia.

Suffocation, and entrapment caused by defective parts and too much bedding are among the leading causes of crib injures and deaths. Gas poisoning because of substances found in the mattresses can also lead to crib deaths. Fall injuries are also a common concern.

In its report, the CPSC’ nursery products-related injury list also included the following products:

• Infant Carriers
• Car Seats
• Mattresses
• Changing Tables
• High Chairs
• Strollers
• Carriages
• Baby Walkers
• Exercisers
• Jumpers
• Baby Gates and Barriers
• Baby Bouncer Seats
• Portable Swings
• Baby Baths
• Bathinettes
• Bath Seats
• Cradles
• Bassinets

Our products liability attorneys represent families throughout the United States whose children have been injured or killed by a defective toy or nursery products. We would be happy to discuss your case during a free consultation.

CPSC report on nursery-related deaths highlights crib and play yard dangers, ConsumerReports.org, February 28, 2008

Nursery Product-Related Injuries and Deaths Among Children Under Age Five, CPSC.gov (PDF)

Related Web Resources:

Recalls

Munire Furniture

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Posted by Gilbert, Ollanik, & Komyatte, P.C. | Permalink | Email This Post

Posted In: Infant Products , Injuries to Children & Minors , Nursery Products

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