Product Liability Law Blog

According to the Centers for Disease Control and Prevention, the leading causes of accidental child injuries and deaths are motor vehicle collisions and fall accidents. From 2001 to 2006, about 8 million child deaths occurred each year due to motor vehicle crashes, bicycle collisions, or pedestrian accidents, while some 2.8 million nonfatal injuries happened as a result of fall accidents. Overall, approximately 55 million teenagers and young children were treated for accidental injuries in US emergency rooms between 2001 and 2006—that's about 9.2 million kids a year.

More CDC findings:
• About 12,175 young people (under age 20) were killed each year in the US because they sustained accidental injuries.
• Motor vehicle crashes continued to be the leading cause of fatalities for kids, ages 5 to 19.
• For young children ages 1 to 4, drowning was a leading cause of death.
• For infants, the leading cause of death was suffocation.
• The leading causes of nonfatal injuries for kids ages 1 to 4 were fall accidents and accidental poisoning.
• About 20 kids are killed every day because of accidental injuries.
• Burn injuries were also a common cause of child injuries.

While there are steps that parents can take to prevent such injuries from happening, it is also important that product manufacturers make goods that are free from defects and are safe for use.

In recent years, there have been too many recalls of too many products because of the potential injuries they could cause to young children. Toys with excessive levels of lead paint, poorly constructed cribs and bassinets that pose a fall hazard or are a suffocation threat, household products that are fire hazards, defectively designed clothing that are a strangulation danger, poorly constructed child safety seats, and dangerous nursery furniture and playground rides, are just some of the millions of toys that the Consumer Product Safety Commission and manufacturers have recalled because a child was (or could get) injured or died.

Product manufacturers must be held liable when their negligence and carelessness leads to serious products liability-related injuries and deaths.

Childhood Injury Report, CDC

Recalls, US Consumer Product Safety Commission

Related Web Resources:
World report on child injury prevention, World Health Organization

Keeping Children Safe from Dangerous Products (PDF)

Continue reading " Motor Vehicle Accidents, Suffocation Injuries, and Fall Accidents Among Leading Causes of Injuries to Children, Says CDC " »

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Posted In: Clothing , Infant Products , Injuries to Children & Minors , Kids in Cars , Nursery Products , Playground Products , Swimming Pools , Toys

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I have had law clients whose children get sick from bacterial infections such as E. coli. They call a lawyer because they wonder if someone’s negligence has made their kids sick.

There have been a number of recent E. coli outbreaks:

• Nearly 20 children came down with E. coli after attending the livestock exhibition at the National Western Stock Show in Denver (2009). When some of those children returned to daycare centers, other children may also have been infected.
• More than 200 people at an Oklahoman restaurant may have been infected when they ate chicken from a farm where chicken litter seeped into the water supply (2007).
• Dozens of people in the eastern U.S. became infected when they ate frozen ground beef patties contaminated by E. coli bacteria (2007).
• A California spinach processor is suspected to have infected at least 100 people because of spinach contaminated by E. coli (2006).
• An Illinois spinach processor also was responsible for infecting consumers who purchased its spinach from supermarkets (2006).
• Several young children came down with E. coli after swimming in a public pool (2007).

Is there a common thread in these E. coli outbreaks?

E. coli is a bacteria found in water or food tainted by human or animal feces. While it is usually harmless (recovery time within one week), a serious infection can lead to kidney or blood disorders, and even death. Symptoms include stomach cramps/pain, vomiting and diarrhea (often with blood).

Foods that can carry E. coli include:
• Uncooked or even undercooked ground beef.
• Vegetables grown in cow manure or washed in water contaminated by animal fertilizer.
• Unpasteurized juice or milk (pasteurization is a process that uses heat to kill germs).

What can I do to protect my children and myself against E. coli?

You and your children can protect against E. coli bacteria by:

• Tell your children to wash their hands frequently with soap and hot water, especially after going to the bathroom.
• Wash your own hands frequently with soap and hot water particularly after going to the bathroom or changing your child’s diapers.
• When you go to a restaurant, make sure your meat, especially hamburger, is well-cooked. The Centers for Disease Control and Prevention (CDC) recommends heating the hamburger to at least 160º F.
• When cooking, wash your hands with soap and hot water. Clean your cooking utensils after they touch raw meat. If you put raw meat on the counter, clean it with soap and hot water.
• Clean eating surfaces after contact with raw meat.
• Only use pasteurized milk and juices.
• When your children swim in a public pool, make sure the pool does not allow toddlers in diapers. Tell your children not to swallow water when swimming.
• Make sure your children wash their hands thoroughly after any contact with animals or animal environments.
• When traveling to a country without a safe water supply, only drink bottled water. Don’t drink the tap water. Also avoid raw fruits until you have thoroughly cleaned them and peeled the skin.

What do I do if I or a family member becomes infected with E. coli?

An infection could be due to someone else’s lack of care. This could be, for example, a food manufacturer, a zoo, a restaurant, or the operator of a local swimming pool or water park. To protect your rights, and to make sure others aren’t infected, you need to have the situation investigated both by public health officials and by someone looking out for your legal rights. They can work together to make sure the situation is corrected.

If you or a member of your family have been infected with a serious bacterial infection such as E. coli, contact our firm. We can help you find out whether this infection was caused by someone else’s carelessness or negligence. For a free consultation contact Gilbert, Ollanik & Komyatte, P.C..

~James L. Gilbert~

www.denverpost.com “E. coli strikes 19 Colorado kids, may be linked to Stock Show” 02/06/2009
www.cdc.org “Multistate Outbreak of E. coli O157 Infections Linked to Topp's Brand
Ground Beef Patties” 10/26/2007
www.efluxmedia.com “Oklahoma E. coli Outbreak Toll Reaches 231, Lawsuits Expected” 09/11/08
www.emsvillage.com "Illness From The Swimming Pool?" 00/00/2007
www.csbnews.com “E. Coli Outbreak Source Located” 09/16/2006
www.cnn.com “E. coli Spinach Scare Increases to 21 States” 00/00/2006
www.thechildrenshospital.org
www.webmd.com

Related Web Resources:
www.IsItDoneYet.gov
www.BeFoodSafe.gov
www.kidshealth.org
www.thechildrenshospital.org/

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Posted In: Injuries to Children & Minors

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According to Forbes magazine, financial troubles don’t seem to be stopping automakers, including giant vehicle manufacturers General Motors and Ford Motor Co., from making unsafe motor vehicles. This month, the media giant issued its list of the 16 “Most Dangerous Vehicles of 2009.”

The list was compiled using results from tests conducted by the National Highway Traffic Safety Administration and the Insurance Institute for Highway Safety. While the NHTSA issued up to 5-star ratings for rollover safety, the IIHS ranked vehicles based on the trauma that could result during frontal and side crashes. The 16 vehicles on the list, made up of small trucks, mid-sized sedans, trucks, wagons, and crossovers, scored the lowest number of compiled points.

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Forbes’ 2009 Most Dangerous Motor Vehicle List:

1) Chevrolet Colorado
2) Chevrolet Aveo
3) Chevrolet Trailblazer
4) Chrysler PT Cruiser
5) Dodge Nitro
6) Ford Ranger
7) GMC Envoy
8) GMC Canyon
9) Hummer H3
10) Hyandai Accent
11) Jeep Liberty
12) Jeep Wrangler
13) Sukuki Equator
14) Nissan Frontier
15) Mazda B Series
16) Kia Rio

The Kia Rio sedan, the Chevrolet Trailblazer SUV, and the Ford Ranger pickup scored the lowest points.

While Forbes is is quick to caution that just because a motor vehicle made the 2009 list doesn’t mean that a consumer shouldn’t buy the vehicle, the media giant says that it is very important for consumers to be aware of which areas of safety each vehicle failed to perform well in. Forbes also recommends that buyers know whether their vehicle comes with rear head restraints, standard side-curtain airbags, and electronic stability control. The National Highway Traffic Safety Administration says that ESC decreases the chances of passenger rollovers by 64%, single-car collisions by 26%, and single crash SUV rollovers by 85%.

Regardless of the poor financial climate and their decreased funds, auto manufacturers are responsible for making sure that they make and sell motor vehicles that are safe for use. When failure to provide a car, SUV, or truck with proper frontal or side protection or the manufacture of defective air bags, seat belts, or other auto parts results in serious injuries or deaths, the automaker can be held liable with an auto product liability claim or a wrongful death lawsuit.

Most Dangerous Vehicles Of 2009, Forbes.com, February 6, 2009

Insurance Institute for Highway Safety

Related Web Resources:
National Highway Traffic Safety Administration

Car Reviews and Ratings, Consumer Reports

Continue reading " Forbes Compiles Its 2009 Most Dangerous Motor Vehicle List " »

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Posted In: Automotive Product Liability

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A new study appearing in the February 2009 issue of the American Journal of Public Health reports that securing small children and infants in the proper child car safety seats could save their lives. According to the study’s authors, use of child safety restraints dramatically lowers the chances that a child, three years of age or younger, will die in a serious traffic accident.

The study found that the odds of a baby dying in an auto crash dropped by 75% with use of a child safety seat, while the mortality rate for older children dropped by 60%. These findings are important considering that motor vehicle crashes are the number one cause of accidental deaths among kids older than 1.

The new study also reported that child safety seats helped prevent deaths in rollover accidents, as well as in collisions involving light trucks. The report, however, was quick to emphasize that while securing 2- and 3-year-olds in seat belts proved just as effective at preventing deaths as placing these young children in child car safety seats, the latter is still better at protecting small children from serious injuries.

Choosing the Right Child Car Seat
While it is important to use an age appropriate child car safety seat for your son or daughter, not all child safety seats are the made same in terms of quality and the kinds of safety features that they offer. The American Academy of Pediatrics Web site offers a number of suggestions for helping you ensure that you are picking the best product for your child, including:

• The best seat for your son or daughter is the one that is age and size appropriate, properly installed, and used correctly.
• Make sure that your child does not use the seat beyond the manufacturer’s recommended date for length of use.
• Make sure there are no visible flaws on the child safety seat and that none of its parts are missing.
• Check the car safety seat’s model number and manufacture date to make sure the product hasn’t been recalled.
• If the car safety seat is one that has been used in the past, make sure it was never involved in a moderate or serious auto accident.

It is also important to pay attention to product recalls that can occur in the event that the particular child car safety seat you have chosen proves defective and the flaw needs to be fixed or the seat replaced. If your son or daughter sustained an injury in a car accident because of a defective child car seat, you may have grounds for filing a products liability lawsuit to sue for damages.

Car Seats Save Young Lives, Washington Post, January 21, 2009

Car Safety Seats: A Guide for Families 2009, AAP.org

Related Web Resources:
American Journal of Public Health

Car Seats, ConsumerReports.org

Continue reading " Child Car Seats Save Lives of Babies and Young Children, Confirms New Study " »

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Posted In: Infant Products , Injuries to Children & Minors , Kids in Cars

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The Consumer Product Safety Commission is investigating the death of Kaylee Ishii, a 4-year-old California girl who sustained fatal injuries after she climbed into a washing machine and got tumbled around in the device for at least two minutes before her mother found her. An autopsy report indicates that Kaylee died from blunt-force trauma. Police say they believe that her death was accidental and that her younger brother, who is 15-months-old, may have unintentionally pressed the start button to activate the Kenmore 417.

This washing machine is a front-loading machine that comes with an “easy start” button that is located just 20 inches off the ground. The CPSC is trying to find out if it needs to issue a recall of this particular Kenmore model to prevent further injuries and deaths from happening.

This is the first death of a young child involving a front-loading washing machine. There have been three child fatalities involving washing machines since 2004, only they involved top-loading machines. Now, the federal agency will determine whether safety standards that halt agitators when a top-loading machine is open should be implemented with front-loading machines.

In 2005, the mother of Rebecca Hope Wagoner, a 5-year-old who became asphyxiated after becoming trapped in a triple-load, coin-operated washing machine, filed a products liability lawsuit against the manufacturer for $18.9 million. Her Virginia wrongful death lawsuit against Pellerin Milnor Corp. and a local Laundromat claims that the washer turned on even though no coins had been inserted. 11 quarters are needed to operate the machine, which won’t accept money until the washer door is shut. As long as the machine is in operation, the door cannot be opened.

Rebecca’s mother had to smash the door with a rock to rescue her daughter. Her complaint says she sustained serious cuts from doing so and experienced the trauma of watching her daughter die violently. She accused the washer manufacturer of knowing that particular washer model had started up in the past even when coins hadn't been inserted yet the company failed to remedy the defect.

Products Liability
You are entitled to file a products liability claim if you suffered injuries because a manufacturer made a product that was defective or malfunctioned. If your son or daughter is a minor, you can also file a products liability case involving injuries to minors on his or her behalf.

Safety Agency Probes Girl's Washing Machine Death, KTLA, February 9, 2009

Mom of girl who died in washing machine sues, MSNBC, August 5, 2005

Related Web Resources:
Consumer Product Safety Commission

Kenmore

Continue reading " CPSC Probes Washing Machine Death of 4-Year-Old Girl " »

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Posted In: California , Injuries to Children & Minors

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A salmonella outbreak affecting certain products with peanuts has resulted in the recall of over 800 food products, says USA Today. More recalls are expected in what some people are calling the world’s largest food recall ever.

Last week, the Food and Drug Administration and the Centers for Disease Control and Prevention confirmed that the illnesses caused by Salmonella Typhimurium came from peanut paste and peanut butter products made at a Peanut Corp of America processing plant in Georgia. Food and Drug Administration inspectors who had visited the peanut plant found cockroaches and mold at the plant. Employees also reportedly have been using one sink to clean mops and utensils and wash their hands. On Friday, the Department of Justice joined a probe to determine whether criminal charges need to be filed.

So far, at least 529 reports of illnesses and at least 8 deaths are being linked to tainted peanut products. There are likely dozens of other sick people who have been affected by the same salmonella virus but have not reported that they got sick.

On January 26, 2009, the family of Shirley Mae Almer sued PCA and distributor King Nut Companies for wrongful death. Almer died in December 2008 while staying at a nursing home. According to the wrongful death lawsuit, Almer died because she ate peanut butter that was contaminated with Salmonella Typhimurium while at the nursing home. More peanut butter lawsuits related to the contaminated PCA products are expected.

According to the Grocery Manufacturer’s Association, PCA supplies less than 1% of all peanut products that are sold in the US. However, the peanut making company has over 300 customers. PCA peanut products can be found in crackers, ice cream, cookies, cereals, and other food products. A complete list of food products affected by the contaminated peanut products recall can be found below. Keebler cookies, certain special K products, and Walgreens candy are just some of the food products that have been recalled.

Salmonella Food Poisoning
Salmonella food poisoning is a form of bacterial food poisoning that can cause the lining of the stomach and intestines to swell. Salmonella food poisoning can be very dangerous for babies, people with weakened immune systems, and older people. If the infection spreads from the intestines to the blood steam, as well as other parts of the body, a person infected by the salmonella virus could become seriously ill or die.

Stores Call Customers About Salmonella-Tainted Peanut Products, US News & World Report, February 3, 2009

Peanut Butter Recall Scares Residents, Fox News 5, February 3, 2009

Family sues over salmonella-related death, Forbes.com, January 27, 2009

Salmonella Food Poisoning, US News and World Report, February 3, 2009

Related Web Resources:
Peanut Butter and other Peanut Containing Products Recall List, Food and Drug Administration

Read the FDA's Report Following an Inspection of the PCA Plant in Georgia (PDF)

Continue reading " Over 800 Peanut Product Recalls Issued In the Wake of Salmonella Outbreak " »

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Posted In: Food

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Auto manufacturers are responsible for implementing the design and manufacturing precautions necessary to minimize the chances that their vehicles will become involved in a rollover accident. In the event a rollover accident does occur, then vehicle makers must make sure that the structure of the auto can withstand the crash and that there are safety precautions in place to prevent vehicle occupants from suffering serious injuries. Rollover accident victims and their families may be entitled to products liability or wrongful death compensation if a car maker could have done more during the design or manufacture of the vehicle to minimize the seriousness of future injuries.

Last month, the family of TV anchorwoman Polly Gonzalez filed a wrongful death lawsuit against Ford Motor Co. The plaintiffs contend that not only did the seat she was sitting on fail to work correctly, but the roof of the Ford Explorer was not sturdy enough to survive a rollover accident. Gonzales’s two children were also injured in the motor vehicle crash.

In an unrelated lawsuit, a man who became a paraplegic after his 2005 Chevrolet Colorado rolled over is suing General Motors Corporation and Davis-Barr Chevrolet Pontiac, Inc. for his spinal cord injuries. In his automotive products liability lawsuit, the man claims that the seat belt and seat of his vehicle malfunctioned. He also contends that General Motors Corp. failed to provide him with the standard of care and duty he was owed when the company failed to exercise reasonable care in the design, manufacture, testing, marketing, and sales of the vehicle he was riding in, as well as neglected to provide appropriate warnings.

Another man, who is now a quadriplegic, is suing Volkwagen for his personal injury from a 2002 auto accident. Owen Milne is seeking an unspecified amount of compensation for products liability and personal injury because the 1999 Jetta he was a passenger in flipped over as his then fiancé, Rebecca Beisswenger, swerved the car to avoid crashing into a vehicle that passed them on a curve in a no-passing zone.

Beisswenger lost control of the car, which rolled over a number of times down an embankment and back onto the highway. The support beams that were supposed to hold up the roof of the Jetta’s passenger side collapsed. Milne suffered a vertebrae fracture and his neck became compressed. The seat belt he was wearing failed to keep him securely in his seat. Mline’s personal injury lawsuit claims the 1999 Volkwagen Jetta was defectively designed and not capable of keeping its structural integrity during a rollover crash.

South Burlington man sues VW alleging Jettas are unsafe, BurlingtonFreePress.com, January 18, 2009

Lawsuit Filed in Arkansas Roll Over Accident That Left Man Paraplegic, The Open Press, January 24, 2009

Family of Vegas TV anchor suing Ford over crash, Mercury News, January 25, 2009

Related Web Resources:
Rollover, SaferCar.gov

Rollover Information and Prevention, Consumers Union

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

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