Product Liability Law Blog

Another crib line made the news headlines this month, as Jardine Enterprises and the US Consumer Product Safety Commission announced the voluntary recall of 320,000 Jardine cribs because they pose a potential hazard for strangulation or entrapment.

The recall was announced following 42 incidents involving the cribs and broken spindles and crib slats. Four children got trapped in the spaces left by the broken pieces and two of them sustained bruises and abrasions. The cribs were manufactured in China and sold at Geoffrey Stores, Toys “R” Us, Babies “R” Us, Geoffrey Stores, and Kids World.

In an unrelated recall, Stanley Furniture has also recalled about 1,200 2nd Nature Built to Grow Cribs cribs over worries that the space between the crib and the mattress, when the latter’s support is in the middle setting, might be wide enough that an infant could get trapped in the gap.

Our product safety law firm represents families whose children have suffered serious crib injuries or other injuries a result of a defective product. Unfortunately, parents cannot always trust that a manufacturer will design nursery products that are safe for use.

Regardless, there are steps you can take to secure your child’s crib, including:

• Using a mattress that is firm and fits tightly in the crib.
• Making sure the crib is assembled properly.
• Ensuring that there are no loose, broken, or missing crib pieces.
• Checking that the crib’s slats are narrow enough that your child cannot fall through.
• Making sure that there is nothing in the crib that your baby’s clothing can get caught on.

Despite one’s best efforts, accidents can happen, and our experienced products liability lawyers have helped many families obtain financial recovery from negligent product manufacturers, designers, distributors, and retailers.

Our products liability law firm can help you assess whether you have grounds to file an injury lawsuit.

Cribs recalled after four children trapped, Boston.com, June 30, 2008

Recalls, CPSC.gov

Crib Safety Tips, CPSC.gov

Related Web Resources:

Kids in Danger

How to Avoid Dangerous Cribs, Good Housekeeping

Continue reading " 320,000 Jardine Cribs Recalled After Four Entrapment Accidents " »

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

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This month, a House Energy and Commerce Subcommittee met to examine the way the government handles phthalates and Bisphenol A (BPA), two chemicals that have been used for over half a century on numerous consumer products. Phthalates is often used to soften plastics, and Bisphenol A is often applied when manufacturing shatterproof containers. One issue of concern is whether these chemicals should be banned from children’s products.

BPA can be found in baby toys, baby bottles, pacifiers, food cans, the linings of milk containers, and other products. While the US Food and Drug Administration says that baby bottles made with BPA are safe for use, government scientists are worried about how these two chemical may be affecting babies.

Recent findings in animal experiments link BPA to changes in the brain and hormones, as well as precancerous growths in the breast and prostate. In the US Senate, Democrats recently introduced a bill to ban Bisphenol A in toys and food products.

Phthalates is often found in teething rings, soft baby books, baby bottles, and other kids’ products, such as dolls and rubber ducks. While the US Consumer Product Safety Commission says that use of this softening chemical does not show any health risks, scientists claim phthalates can cause health problems, including reproductive defects and triggering early puberty in girls, which places them at higher risk for liver cancer and breast cancer.

In response to the growing concerns, Wal-Mart, Lego, Toys"R"Us, Gerber, and Evenflo say they will phase out or stop using phthalates in their products. California and Washington have instituted their own phthalate bans, while other states are considering similar bans. Although the US Senate passed a bill to ban phthalates in products made for children and infants, the House of Representatives has yet to discuss this chemical. The European Union and at least 14 other countries have also banned the phthalates.

Our defective toy litigation lawyers represent families whose children were seriously injured because of a defective or dangerous toy. We are a product safety law firm committed to getting injured clients the financial recovery they are owed.

Congress wary of plastics used in toys, bottles, Forbes.com, June 10, 2008

FDA official says baby bottles with bisphenol A safe, AP, June 10, 2008

Related Web Resources:

Toxic Baby Bottles, Environment California

Bisphenol A

Phthalates

Continue reading " US Congress Examines Use of Phthalates and Bisphenol A In Children’s Toys, Bottles, and Thousands of Other Products " »

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

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A products liability lawsuit that has recently made national headlines involves a female traffic cop who is suing Victoria’s Secret for an eye injury she says she sustained in May 2007 because of a defective thong.

Macrida Patterson says that one of the metal links that holds the decorative rhinestone heart in place on the thong’s blue fabric popped off and hit her in the eye. Patterson says the accident caused her a great deal of pain and she had to go to the hospital to receive medical attention. She sustained three cuts to her cornea.

Patterson’s lawsuit alleges that the thong’s design is defective to begin with and that the placement of sharp points and metal pieces on the underwear created an inherent hazard. The lawsuit also alleges that the thong became defective during the manufacturing process.

While injuries caused by defective underwear is not common, there have been cases where people—especially children—have been injured because their clothes had defects that resulted in choking hazards, strangulation hazards, fire (burn) hazards, and other dangers.

Just this month, manufacturer Sara Lynn Togs recalled 1,800 Children’s Infant and Toddler Shortalls because the shoulder straps could come off and become a choking hazard. Also in June, The Children’s Place Retail Stores Inc. recalled approximately 28,000 Camouflage Pajama Sets over concerns that excessive levels of lead in the pajama top’s screen print could result in lead poisoning.

A product can become defective during the design or manufacturing process or due to a marketing defect, such as when a product is marketed to the wrong age group or fails to come with the complete instructions or the proper safety warnings. Products liability cases can be brought based on negligence, strict liability, or breach of warranty.

If you or someone you love suffered a serious personal injury because of defective clothing or another defective product, one of our products liability lawyers can discuss your case with you. We represent clients throughout the US.

Lawyer Makes Thong Injury Suit Sound Boring, ABA Journal, June 19, 2008

Eye-catching thong gives rise to lawsuit, MSNBC.com, June 19, 2008

Children's Overalls Recalled by Sara Lynn Togs Due to Choking Hazard, CPSC.gov, June 12, 2008

The Children’s Place Recalls Camouflage Pajama Sets Due to Excessive Lead, CPSC.gov, June 10, 2008

Related Web Resources:

Read the Complaint Against Victoria's Secret, The Smoking Gun

Products Liability, Justia

Continue reading " Defective Clothing Can Cause Serious Injuries " »

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Posted In: Clothing

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The Consumer Product Safety Commission has announced the voluntary recalls of about 15,000 Children’s Playsafe Spinning Quad Merry-Go-Rounds and approximately 11,000 Backyard Leisure Adventure Play Sets and Create N Adventure Wooden Play Sets because they pose a fall hazard to children.

Backyard Leisure says that there have been 114 reports of the play sets' hangers, which hold the gliders, breaking. Three incidents have resulted in minor injuries. In one accident, a child was struck on the head by a chain that came off a hanger. The toy manufacturer is recommending that consumers remove the gliders and stop using the play sets.

With the other recall, Pacific Cycle Inc. says there has been one report of a fall injury involving its Playsafe Spinning Quad Merry-Go-Rounds. The product manufacturer says the inner bearing on the merry-go-round can fail, which can lead to the seat assembly dropping all of a sudden. Children should stop using the merry-go-round. A retrofit kit can be requested or the merry-go-round can be returned for a full refund.

Playground Injuries
Over 200,000 children are treated in hospital emergency rooms every year because of injuries caused by defective playground equipment. Fall accidents are the most common kind of playground accident and can lead to bruises, scrapes, cuts, broken bones, head injuries, back injuries, neck injuries, and other serious injuries.

Unfortunately, there are many playground toys and equipment that are not safe for children. Some other recent recalls of playground and backyard toys over the last several years have involved defective slip and slide toys, water products, and trampolines. Poor assembly instructions, improper installation, and poor maintenance of playground equipment can also result in serious injuries.

Our product safety law firm has helped the families of children that were injured because of a defective playground or backyard product obtain products liability compensation from the toy manufacturer and/or seller. We can also determine whether other parties are liable for the injury accident.

Children's merry-go-rounds recalled, WSYR.com, June 12, 2008

11,000 wooden play sets recalled by the CPSC, ConsumerReports.org, June 11, 2008

Related Web Resources:

Playground Safety

Recalls

Continue reading " CPSC Says Recalled Children’s Merry-Go-Round and Play Sets Pose Fall Hazards " »

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Posted In: Injuries to Children & Minors

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At a June 4 hearing before the US Senate, auto safety regulators said they need more time to make sure that adding more headroom and weight to vehicle roofs will not increase the chances of a vehicle rollover. At the center of discussions was the National Highway Traffic Safety Administration’s proposal to update its roof safety standards.

The higher gravity center of pick-up trucks and SUVs is what make these kinds of vehicles more likely to rollover. The NHTSA's current standard, established in 1973, requires that passenger cars withstand a force 1.5 times the vehicle’s weight during a rollover accident. The 2005 proposal would increase that standard to 2.5 times the vehicle weight. Critics, however, believe this is still not enough to increase passenger safety in a rollover crash, and they have been pushing for an even tougher standard—which is why, in January, the NHTSA said it would consider revising its proposal.

Although by law, the NHTSA has until July 1 to revise its roof standard, lawmakers want the update delayed until regulators arrive at the “correct” standard. Some safety advocates, however, say that there is no concrete evidence to indicate that strengthening current roof standards would significantly minimize the number of injuries and deaths in rollover crashes. Rollover deaths make up 25% of all traffic accident fatalities in the United States, and there were over 10,000 rollover deaths in 2007.

The NHTSA proposal also wants to make automakers exempt from state products liability lawsuits if the vehicles involved in the auto accidents met the new roof safety standards. This would prevent injury passengers from being able to sue for compensation for medical costs, lost income, recovery costs, and other damages.

Our defective auto products law firm represents products liability clients that were injured in rollover accidents and other motor vehicle crashes that occurred because a motor vehicle or one of its auto parts was defective. We have helped injury victims all over the United States recover personal injury compensation.

U.S. Lawmakers Question Regulators on Vehicle Roof Strength Rules, Insurance Journal, June 5, 2008

Roof Crush Standard Flawed, Preempts State Efforts, OMBWatch.org, June 10, 2008

Related Web Resources:

IIHS testifies on the relationship of roof strength and injury risk in rollover crashes (PDF)

NHTSA 2005 Roof Crush Proposal

Continue reading " Auto Regulators May Need More Time to Develop Tougher Roof Strength Regulations " »

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Posted In: Automotive Product Liability , Roof Crush , Sport Utility Vehicle Rollovers

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Two separate recalls yesterday highlighted the dangers of child entrapment. Along with the US Consumer Product Safety Commission, Importer Bassettbaby voluntarily recalled about 550 Wendy Bellissimo Hidden Hills Collection Cribs, model number 5446-0521, and manufacturer Simmons Kids recalled about 20,000 crib mattresses.

The Bassetbaby cribs were recalled because some of the cribs have spaces between the spindles that do not meet federal standards. This poses an entrapment danger to babies. There are no reported injuries so far, but Bassetbaby wants consumers to stop using the cribs immediately. These cribs are sold only at Babies "R" Us.

Simmons Kids recalled the crib mattresses because some of the cribs are smaller than the 27 1/4 inch standard minimum. The smaller size can create a gap between the crib side rails and the mattress, which infants could fall into or get stuck in. So far, there has been just one incident reported involving a 6-month-old infant who fell between the frame and the mattress. The baby was pulled out without injury.

The names of the models of the mattresses being recalled are:

• Simmons Kids Slumber Time Evening Star Luxury Firm

• Pottery Barn Kids by Simmons Kids Lullaby

• Simmons Kids Baby Mattress 234 Coil Count

• Simmons Kids Baby Mattress Series 400

Defective or dangerous cribs are the leading cause of nursery-related injuries and fatalities, and every year, about 10,000 babies are rushed to emergency rooms because of crib related-injuries. About 20 of these infants will die from these injuries. Causes of crib-related injuries may include entrapment, fall accidents, laceration due to side gates suddenly dropping, or cuts and bruises from small crib parts coming off.

Our defective products liability lawyers represent families in the United States whose children were injured or killed because of a defective or unsafe crib or crib accessory. You and your family are entitled to personal injury compensation for your injuries, pain and suffering, and other losses.

Bassettbaby Cribs Recalled Due to Entrapment Hazard; Sold Exclusively at Babies "R" Us, CPSC.gov, June 5, 2008

Simmons Kids Recalls Crib Mattresses Due to Entrapment Hazard, CPSC.gov, June 5, 2008

Cribs, Kids in Danger

Related Web Resources:

Crib Safety, Healthwise

Crib Safety Tips, CPSC.gov

Continue reading " Entrapment is Key Issue Behind Simmons Kids Crib Mattress and Bassetbaby Crib Recalls " »

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Posted In: Injuries to Children & Minors , Nursery Products

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