Product Liability Law Blog

Car seat manufacturer Britax Child Safety Inc. has announced the recall of thousands of Chaperone Infant Child Restraint Systems over concerns that the harness adjuster may detach, failing to properly restrain a child in the event of a car crash. About 14,220 of the child safety seats that are affected in the US. Another 3,600 are part of a recall in Canada. The models involved were manufactured between 9/10 and 4/11 and are the:

• E9L692M
• E9L692K
• E9L692L
• E9L692J

Britax said it has received over 50 complaints involving the seat-harness adjuster separating from the car seat. The adjuster is supposed to loosen and tighten the belts that are supposed to keep the child properly secured. If the belts fail, the boy or girl in the car seat may not stay safely restrained during a collision. Britax says it isn't aware of any injuries caused by this product defect.

Our child products liability lawyers cannot stress the importance of not only using a car seat that is working properly but also one that is the right size for your son or daughter. Not every car seat will work for every child nor will it work in every car. You must make sure that the seat is the right fit for a child's height, weight, and age. You must also make sure that the child is properly harnessed to the seat so that in the event of a collision, he/she is protected as much as possible from the impact of the crash and stays safely seated.

Unfortunately, even when a guardian or parent does everything possible to make sure that a child is securely seated in the right car seat, there are design defects and malfunctions that can occur. A child whose car seat malfunctions or is defective may end up thrown into the seat in front, against or through the back window, or out of the vehicle. In the event of a rollover accident, the child or infant may end up striking the roof of the car. Traumatic brain injury, spinal cord injury, broken bones, organ damage, other serious injuries, and/or death may result.

At The Gilbert Law Group, our car seat defect lawyers are experienced in pursuing personal injury damages from child car safety seat manufacturers. Over the years, we have secured verdicts and settlements worth millions of dollars for kids and their families.

Read the National Highway Traffic Safety Administration's Announcement of Britax's Latest Child Safety Seat Recall

Britax USA

Car Safety

Car Seats, Consumer Reports

More Blog Posts:
NHTSA Announces New Child Seat Guidelines, Product Liability Law Blog, March 21, 2011

794,247 Dorel Juvenile Group Child Safety Seats Recalled by NHTSA Over Safety Harness Issue, Product Liability Law Blog, February 21, 2011

About 23,000 Britax Child Safety Seats Recalled, Product Liability Law Blog, November 7, 2010

Continue reading "Faulty Harness Adjusters Prompts Britax to Recall Over 14,000 Child Safety Seats " »

U.S. CPSC and California Innovations Inc. are recalling approximately 248,000 Expandable Insulated Lunch Box with Freezer Gel Pack units over concerns that the freezer gel packs could prove poisonous to children, adults, or pets should they become damaged and leak.

So far, there have been two reports of the gel causing injury. In one incident, a dog died after chewing the pack and ingesting the gel. The second incident involved another dog that received treatment and survived.

The expandable lunch boxes that were sold between May 2007 and September 2008 come with an aluminum bottle, a lunch box, and a freezer gel pack. Consumers should stop using the lunch boxes right away.

At The Gilbert Law Group, PC, our products liability lawyers represent clients who have sustained injuries or lost a loved one because of dangerous, unsafe, or faulty products. Even if the manufacturer didn't do anything to make a product hazardous or cause it to malfunction, if serious injuries or deaths result from using or being exposed to the product, you may be able to obtain personal injury compensation.

Possible Signs of Poisoning:
• Enlarged or shrunken pupils
• Accelerated heart rate
• Dry mouth or too much drooling
• Rapid breathing or slowed breath rate
• Pain (although not all poison causes pain)
• Hyperactivity
• Drowsiness
• Confusion

The symptoms for poisoning may vary and will depend on the source of poisoning. Symptoms may show up immediately or they can take days, hours, or months. Poison symptoms that appear later can prove very dangerous because this usually means that treatment wasn't received right away.

If you suspect poisoning you should seek medical help immediately. While waiting for assistance, the Mayo Clinic suggests that you remove any remaining poison from the mouth if the substance was ingested. If the exposure to the poison was via fumes then you should remove the person from the environment where it happened and get her/him fresh air. Check the product, if any was involved, for instructions on how to deal with accidental poisoning.

Products that come with poisonous or toxic substances must come with warnings and instructions about how to use them properly or safely. The product should also be designed in a manner to limit exposure to these dangerous substances.

You want to work with a products liability law firm that isn't afraid to go up against a manufacturer and fight for your right to personal injury or wrongful death compensation. There is no reason why you should have to shoulder all the costs and damages sustained from exposure to a defective or dangerous product.

Expandable Lunch Boxes Recalled by California Innovations Due to Freezer Gel Pack Ingestion Hazard, CPSC, January 23, 2012

Poisoning: First aid, Mayo Clinic

Consumer Product Safety Commission

More Blog Posts:
Will Your Helmet Prevent a Traumatic Brain Injury During a Winter Accident?, Product Liability Law Blog, January 24, 2012

Clothing Defects: Apparel Industry Must Follow Standards for Children's Loungewear and Sleepwear, Says CPSC, Product Liability Law Blog, January 18, 2012

Continue reading " 248,000 Expandable Lunch Boxes Recalled Over Poison Concerns " »

The death of freestyle skier Sarah Burke after sustaining a traumatic brain injury during a training accident is once again raising questions about the dangers that can arise when someone is moving swiftly through snow or ice and is involved in an accident. Granted, while freestyle skiing tends is a lot more high-risk than other sports, there are dangers involved in regular skiing, ice hockey, speed skating, sledding, snowboarding, and tobogganing. The question is, how much does protective gear and clothing actually protect people from catastrophic injuries?

Discovery.com reports that some studies show that while boots, helmets, bindings, and other safety gear do decrease the risk of serious injuries, these products have their limits. There are even products, such as the wrist guards used by snowboarders, that don't offer any actual benefits. A person that is wearing them may even be worse off in certain accidents.

Also, despite the fact that manufacturers are continuing to develop new protective gear, the rate of snow sport deaths hasn't declined in 40 years. Granted, skiiers that don't use helmets are more likely to die from a head injury, but there are also helmet users that are dying from trauma sustained by the body as a result of high-speed impact during a fall or from colliding into a tree. Also, a helmet doesn't provide protection from spinal cord injuries.

In a study published in the Journal of Neurosurgery: Pediatrics last week, simulated tobogganing crash tests done on helmets to test for side and front impacts at varying meters/second found that bicycle helmets offered the most protection at the highest velocity. Ice hockey helmets were best able to offer protection at lower velocities. Alpine helmets provided the worst protection of all three helmet types during both high and low impacts. However, at over impacts of 4 meters/second, all helmets exhibited damage to the inner liner and cracks.

It is important that all safety equipment warn of any risks involved when using a product. Manufacturers must also make sure not to market safety gear to make it appear as if it provides more protection than what is actually does. Safety equipment and clothing should also be free of defects that could cause it to malfunction and/or not provide the protection it is supposed to give the wearer.

Our products liability lawyers represent both children and clients that have sustained traumatic brain injuries in incidents involving defective products and other catastrophic accidents. Contact The Gilbert Law Group today to schedule your free case evaluation.

Helmets vary in offering protection for winter sports and play, Los Angeles Times, January 20, 2012

Sarah Burke, Freestyle Skier, Dies From Injuries in Training, New York Times, January 19, 2012

Sarah Burke's Death: Can Gear Keep Up with Skiers?, DiscoveryNews, January 13, 2012

Journal of Neurosurgery: Pediatrics

More Blog Posts:
Head Injury Risk Prompts Triple Eight Distribution to Recall 30,400 Bicycle Helmets for Kids, Product Liability Law Blog, January 6, 2012

Do Toning Shoes Cause Foot Injuries?, Product Liability Law Blog, June 8, 2011

Defective Clothing Can Cause Serious Injuries, Product Liability Law Blog, June 19, 2008

Continue reading "Will Your Helmet Prevent a Traumatic Brain Injury During a Winter Sports Accident?" »

The US Consumer Product Safety Commission has sent a letter to distributors, manufacturers, retailers, and importers emphasizing the importance of them abiding by Flammable Fabrics Act (FFA) and the Consumer Product Safety Improvement Act of 2008. Children's sleepwear is defined by the CPSC as apparel ranging from size 0 to 14 that is supposed to be worn mostly for sleeping or during sleep-related activities. (Infant garments, which are for kids younger than 10 months, underwear, diapers and certain clothing that are tight-fitting do not fall under the children's sleepwear category.)The kind of fabric that the clothing is made of, the way the sleepwear is distributed and promoted, and the likelihood of it being bought for and used by kids are also key factors in determining whether a piece of clothing would be considered kids' sleepwear. For the Commission, children's loungewear is clothing used mainly for sleep-related activities.

The sleepwear standards regarding flammability were established so that kids' clothing doesn't ignite when exposed to candles, lighters, matches, stoves, ranges, fireplaces, and space heaters. Such unfortunate accidents have been known to happen to children wearing flammable loungewear/sleepwear (usually) right before bedtime or in the morning after breakfast. Unfortunately, despite the existing regulations, there are clothes that pose a fire hazard risk yet still end up in the marketplace.

When clothing is made of material that is more likely than other fabrics to catch fire, the person wearing the clothes can end up sustaining serious burn injuries, especially as the flames are more likely to spread quickly through flammable material. Also, the material that the clothing is made from can melt into the person's skin, exacerbating the burns even further.

Disfigurement, permanent scarring, infection, and death may result from wearing flammable clothing that catches fire. A person lucky enough to survive such an accident may have to undergo serious, painful surgeries, skin grafts, and other procedures. They also may sustain emotional and psychological scars that can impair a person's ability to live a normal life.

Factors that can impact how fast clothing can ignite include:

• The type of material and fibers that the clothing is made from
• The design of the clothing. For example, longer and looser the clothing is the greater the risk of it brushing against any nearby flames.

Our clothing defects lawyers are familiar with the severe burns that can result from flammable clothing. We represent children and adults who were seriously injured because of defective and dangerous products.

CPSC Reinforces Children's Sleepwear and Loungewear Enforcement Policy to Apparel Industry Agency standards designed to prevent burn injuries to children, CPSC, December 23, 2011

Read more about the CPSC's sleepwear standards (PDF)

Read the CPSC's letter (PDF)

More Blog Posts:
Ex-Pro Football Players Sue Helmet Maker Riddell and NFL for Traumatic Brain Injuries and Products Liability, Product Liability Law Blog, August 31, 2011

CPSC Says Certain Kids' Outerwear with Drawstrings Pose Strangulation, Entrapment and Death Hazard to Kids, Product Liability Law Blog, July 18, 2011

Defective Clothing Can Cause Serious Injuries, Product Liability Law Blog, July 19, 2008

Continue reading "Clothing Defects: Apparel Industry Must Follow Standards for Children's Loungewear and Sleepwear, Says CPSC" »

UC Irvine researchers from its otolaryngology department are saying that the sounds coming from toys that make the loudest noises have been known to hit decibel levels similar to sounds made by a subway train or a chainsaw. 10 toys that are popular among kids were tested for loudness.

The toys' sound levels were measured while the objects were placed next to a speaker and from 12 inches away (the typical length from a toddler's head to his/her hand.) Researchers say that these two distances are representative of the way that young children handle such toys--at arm's length and held up to their ear. Per the study, some toys, including the Road Rippers, Tonka Mighty Motorized Fire Engine, and T-Pain Mic hit 100 decibels or higher when placed next to a speaker. At a 12-inch distance, the same toys reached decibels in the mid- to upper-60's, which the American Academy of Otolaryngology reports is the level of noise a car might emit for someone observing the vehicle at a close distance. Noise/Sounds from the following toys when placed near a speaker hit the 90 decibels and higher range:

• Sesame Street Let's Rock Elmo
• VTech Princes Magical Learning Wand
• Toy Story Buzz Lightyear Cosmic Blaster
• Marvel Super Shield Captain America

Considering that hearing loss can result from noise louder than 85 decibels, and, per study director Dr. Hamid R. Djalilian, young children are likely to place a toy emitting noise next to their ears to confirm the source of the sound, are these toys safe for use? If you believe that your child suffered hearing loss or any other injury as a result of a toy or another product, you should speak with a products liability lawyer immediately to find out whether you have a child injury case on your hands.

Djalilian said that most toys that make noise, if used properly, shouldn't pose any danger to kids. However, the researchers are recommending that a speaker on any toy should be located on its bottom side. They are also suggesting that buyers test toys that emit noises to make sure they aren't too loud before purchasing them.

According to the American Speech-Language-Hearing Association, toys that make noises so loud that they can potentially cause hearing damage include certain cap guns, toy vehicles with sirens or horns, walkie-talkies, talking dolls, toys with cranks, musical instruments, and squeaky rubber toys. Improper use of noisy toys can also up the risk of hearing loss.

It is important that toymakers warn of the risk of potential hearing loss posed by any toy and include instructions for safe and proper use. Hearing loss not only impairs a child's ability to hear and experience the world, but also it may impede speech development, language development, learning, communication, social development, and self-esteem. The repercussions of hearing loss during childhood can seriously impact adulthood.

Study: Improper Use of Noisy Toys May Lead to Hearing Loss for Children, Fox News, December 5, 2007

Study: Toys can be too loud, Daily Pilot, December 22, 2011

Effects of Hearing Loss on Development, American Speech-Language-Hearing Association

More Blog Posts:
Prevent Child Injuries This Holiday Season By Avoiding Dangerous and Defective Toys, Product Liability Law Blog, November 23, 2011

Swallowing High-Powered Magnets Can Be Deadly for Kids, Warns CPSC, Product Liability Law Blog, November 6, 2011

Little Tikes Recalls Another 1.7 Million Toy Workshop and Tool Sets Over Choking Hazard, Product Liability Law Blog, October 6, 2011

Continue reading "Can Loud Toys Impair Children's Hearing?" »

Importer Triple Eight Distribution risk is recalling approximately 30,400 bicycle helmets for youth and kids over concerns that they may not protect riders from head injuries during fall accidents. Testing of the helmets revealed that they are not in compliance with Consumer Product Safety Commission Standards.

Considering that a helmet and other safety gear are the only protections that a bicyclist would have during a traffic accident, it is important that it is properly constructed and designed to provide the needed before between the cyclist and the road or a vehicle during impact. Kids should stop using the helmet right away and get in touch with Triple Eight to ask for your money back.

According to statistics on the Bicycle Helmet Safety Institute's Web site:
• Of the 630 bicyclists that died in the US in 2009, 74 of them were under the age of 15
• Young bicyclists involved in a traffic crash had a greater chance than adult riders of dying from a head injury
• 75% of bicycle deaths in 2000 involved collisions with motor vehicles
• Also that year, head injuries were a factor in 62.6% of bicycle accident deaths.

At The Gilbert Law Group, we have child injury lawyers who are knowledgeable in the area of catastrophic injury that can help families recover compensation from the manufacturers, retailers, and distributors of dangerous and defective products. Ask to speak with one of our products liability lawyers today.

Unfortunately, traffic crashes are the leading cause of head injuries. A seemingly minor bump can later prove to be something much more serious and permanent.

Symptoms of a possible traumatic brain injury:
• Sudden, uncontrollable drowsiness
• A stiff neck
• Loss of consciousness
• Pounding headache
• Throwing up
• Convulsions
• Sudden inability to hear properly
• Skull fracture
• Changes to your pupils
• Vision problems
• Scalp injury
• Head swelling
• Facial bruising
• Loss of ability to move legs or arms
• Decreased blood pressure
• Slurring your speech
• Confusion
• Disorientation

According to KidsHealth.org, approximately 500,000 kids are seriously injured in US bicycle accidents. Most of these injuries could have been prevented if the children had worn helmets.

It is important that a helmet meet either Consumer Product Safety Commission standards or the ones set by the nonprofit group Snell Memorial Foundation. The helmet should also be well-ventilated, correctly fit your child, and is of a color (fluorescent or bright) that can make it easy for other motorists and bicyclists to see. Once a helmet has been involved in an impact collision, it is a good idea to replace it right away because they can lose their ability to absorb shock.

Bicycle Helmets Recalled by Triple Eight Distribution Due to Risk of Head Injury, The Sacramento Bee, January 6, 2012

Bicycle Helmets Recalled by Triple Eight Distribution Due to Risk of Head Injury, CPSC, January 6, 2012

Bike Safety, KidsHealth

Bicycle Helmet Safety Institute

More Blog Posts:
Choking Hazard Prompts Build-A-Bear to Recall Over 280,000 Teddy Bears, Product Liability Law Blog, December 28, 2011

Prevent Child Injuries This Holiday Season By Avoiding Dangerous and Defective Toys,
Product Liability Law Blog, November 29, 2011

Michigan Products Liability Lawsuit Seeks Wrongful Death Damages Against Nap Nanny Maker, Product Liability Law Blog, November 19, 2011

Continue reading "Head Injury Risk Prompts Triple Eight Distribution to Recall 30,400 Bicycle Helmets for Kids " »