Product Liability Law Blog

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 Accident?" »

According to the National Drowning Prevention Alliance, between May 1 and August 26, there were more than 1,500 drowning deaths reported. A recent survey also noted that more than one US state -Minnesota, Indiana, and Pennsylvania--hit a record when it came to drowning deaths this year.

While generally, the number of drowning-related fatalities has gone down, drowning continues to be the number two cause of deaths for kids in the under 15 age group. That said, Pool & Spa News has said that up to 10% of drowning-linked deaths in a state can go unreported. One reason for this is that the death may occur days after the incident. An example of this would be respiratory failure triggered by near drowning.

Other statistics for this 5/11-8/26/11 time period:
• Almost 85% of the victims were male
• Over 400 of those that died were kids under age 13

According to a recent American Red Cross survey conducted earlier this year, almost 80% of respondents said they intended to get into the water this summer. However 20% considered their swimming skills to be limited.

Child Drowning Accidents
Our drowning accident lawyers represents clients in all US states. Unfortunately, swimming pools, hot tubs, and wading pools can be dangerous places for kids if there is inadequate supervision, the child cannot swim well, there is no rescue equipment in the area, the pool's drain is not one that meets federal safety standards, the water is too murky, or the area surrounding the pool is so poorly maintained that the risk of slip and fall accidents goes up.

For every child who is the victim of pool drowning, four other kids will end up hospitalized from a near drowning accident. 15% of them will end up dying from related complications while at least 20% will sustain a traumatic brain injury that can cost his/her family up to $200,000 a year for the rest of the victim's life.

You may be able to pursue damages against a negligent pool or hot tub owner or the property owner where the pool or spa is located.

Reasons why you may be able to sue for the swimming pool accident (the state where you pursue your lawsuit will have an influence on the type of claim you would be allowed to bring):

Simple negligence,which can include poor pool maintenance, inadequate supervision, failure to put up barriers to keep kids out when the pool is unattended.

Willful or wanton misconduct, which can involve a defendant that has engaged in behavior that any reasonable person would consider conduct endangering a child.

Attractive Nuisance: Landowners are responsible for children who get hurt by anything on the premise that might have attracted them.

National Drowning Prevention Alliance

Pool Safely

Summer Drownings Spur Call to Action, Aquatics International, September 2011

More Blog Posts:
Inflatable Pools Pose Significant Drowning Risk to Young Children, Says American Academy of Pediatrics, Product Liability Law Blog, June 13, 2011

CPSC Warns that Water Walking Balls Pose Drowning, Impact Injury, and Suffocation Dangers, Product Liability Law Blog, March 31, 2011

Mother Files $12.5M Oregon Child Injury Lawsuit After Daughter Nearly Drowns in Pool, Product Liability Law Blog, March 9, 2011

Continue reading "More Than 1500 Drowning Deaths Reported This Season" »

More former NFL football players are suing the league and helmet maker Riddell for personal injury and products liability. The first complaint, filed in California, was submitted by 75 ex-pro players who claimed the National Football League concealed the head injury risks involved in playing the sport.

The plaintiffs of both lawsuits are accusing the NFL of failing until last year to let the athletes and the public know that players risked serious injury from concussions even though the league has known this information since the 1920's. Last year, the NFL acknowledged that concussions sustained during the game can result in brain injury symptoms, including memory loss and dementia.

As the official maker of helmets for professional football players, Riddell Sports Group is being sued for products liability. The plaintiffs don't believe that the helmets were made to protect from concussions, even though it is well-known that severe blows to the head can happen during football games. The plaintiffs also believe that the companies have been well aware of the damage that brain injuries cause in the long run.

Even in 2000, a study that surveyed over 1,090 ex-NFL players and noted that more than 60% had sustained at least one concussion while playing (26% had suffered at least three concussions) found that players who suffered this type of head injury later experienced more problems with concentration, memory, speech, and neurological challenges, as well as suffered from more headaches. A concussion is a type of brain injury.

In 2007, the study from the University of North Carolina's Center for the Study of Retired Athletes found that of the nearly 600 ex-NFL players who sustained at least three concussions while playing the game, 20% of them suffered from depression--a rate that is 3 times greater than for players who never had a concussion.

In 2009, the NFL commissioned a study finding that ex-pro football players seemed more prone to developing memory-related diseases, including Alzheimer's, than the general population. The University of Michigan's Institute for Social Research conducted the study.

As for the making of football helmets, the standard has not changed in more than three decades. If Riddell and other helmet manufacturers (football isn't just played by professionals) are not doing enough to create helmets that protect players from concussions even though they know this type of injury is a possible risk, then they could be held liable for products liability.

Last year, Rutgers player Eric LeGrand became paralyzed from the neck down when his helmet struck an opposing player's shoulder. Atlanta Falcons cornerback Dunta Robinson and Philadelphia Eagles receiver DeSean Jackson suffered head injuries when their helmets collided. If these helmets could/should have been tougher, the players may have grounds for filing personal injury lawsuits.

In January, New Mexico Senator Tom Udall wrote a letter to the Federal Trade Commission accusing Riddell, which also makes football helmets for high school athletes and younger kids, and Shutt Sports of engaging in "misleading marketing" that made their helmets appear more safe. Udall wants the Consumer Product Safety Commission to make a decision on whether the current helmet safety standards are enough to protect younger football players.

Ex-players hit NFL, Riddell with lawsuit, The News Tribune, July 21, 2011

Udall Seeks Investigation of Misleading Football Helmet Safety Claims, Tom Udall, January 4, 2011

Rutgers Player Is Paralyzed Below the Neck, NY Times, October 17, 2010

The Problem with Football: How to Make It Safer, Time, January 28, 2010

Related Web Resources:
NFL

Riddell

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

Target Recalls 350,000 Woven Storage Trunks After Toddler Sustains Traumatic Brain Injury During Strangulation Accident, Product Liability Law Blog, March 20, 2010

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

Continue reading "Ex-Pro Football Players Sue Helmet Maker Riddell and NFL for Traumatic Brain Injuries and Products Liability" »

The Consumer Product Safety Commission and Target are recalling about 350,000 woven storage trunks after a toddler sustained a traumatic brain injury when the trunk lid fell on the back of her neck, pinning her throat against the trunk rim. The 18-month old's parents have filed a products liability lawsuit against Target.

Eric and Laura Surman say that when the wicker trunk's lid landed on their daughter's neck, it cut off her oxygen supply. According to couple's products liability lawyers, the little girl cannot eat without assistance, requires the use of a feeding tube, cannot see properly, cannot speak, and is unable to move her legs or arms.

The couple's injuries to a child lawsuit claims that Target marketed the trunk as appropriate for storing toys even though the units do not meet industry standards or CPSC recommendations for toy boxes, which require a hinge or support that prevents toy box lids from accidentally shutting. Their products liability complaint contends that the trunk should have come with a failure to warn that the boxes lacked the appropriate safety mechanism, as required by a chest used for storing toys.

Consumers are urged to stop using the storage trunks and bring them back to a Target store for a replacement or a refund. 14 different models of trunks made of abaca, woven rattan, or banana life are involved in the recall. There have been two other reports of kids who were injured when their trunks lids also closed on them.

Target's woven storage trunks are considered a strangulation hazard.

Dangers involving containers with lids used to store toys:

• According to the CPSC, at least 45 children have died because the lids of containers used to store toys fell on their necks or heads
• At least three incidents resulted in permanent TBI's
• Child injuries and deaths have also resulted from storage boxes used to hold blankets, shoes, decorate cubes, and other items

Children risk injury when they use the chest to pull themselves up. Without the proper safety mechanism in place, this can cause the lid to fall on a child, striking the head or trapping the neck against the edge of the chest or box. If the lid falls while the child is inside the chest, he/she she may become trapped while risking suffocation.

Injured Cranberry Girl's Parents Sue Target Over Toy Box, ThePittsburghChannel, March 8, 2010

Target Recalls Storage Trunks Due to Strangulation Hazard, CPSC, May 20, 2010

Related Web Resources:
CPSC Warns Consumers of Dangers With Toy Chest Lids, CPSC.gov

Toy Safety, National Network for Child Care

Continue reading "Target Recalls 350,000 Woven Storage Trunks After Toddler Sustains Traumatic Brain Injury During Strangulation Accident" »

According to EMS Magazine, some 475,000 US kids in the 14 and under age group suffer from traumatic brain injuries. While 90% of TBI kid patients are seen in emergency rooms and then released, there are still over 47,000 patients a year who end up hospitalized because of a TBI.

Fall accidents, car accidents, and incidents involving the victim getting hit by or struck against a hard object continue to be the most common causes of traumatic brain injuries in the US. 2,685 children die each year because of TBIs while more than 30,000 kids with TBIs will sustain permanent disabilities.

Our injuries to children and minors lawyers represent the families of babies, toddlers, young children, adolescents, and teenagers who were seriously injured in personal injury accidents. Many of our injuries to minors cases involve children who were injured or killed because of a defective product. Gilbert & Ollanik, PC is one of the most recognized products liability law firms in the US.

Traumatic brain injuries—whether sustained in a car crash, from a drowning accident, in a fall accident at the playground, because the child car safety seat or seatbelt restraint system was defective, during a suffocation accident that occurred because a crib was defectively designed, or from a choking accident that happened because a child swallowed a defective toy part—can drastically alter the life of the child victim and his or her family forever.

A TBI can result in impaired vision, hearing problems, speech difficulties, muscle spasticity, seizures, paralysis, memory deficiencies, communication problems, impaired writing and reading abilities, impaired judgment, mood swings, anxiety, agitation, depression, and problems relating to others.

A TBI's degree of severity will determine the problems that can result from this type of head injury. In many instances, a child with a TBI will need special services to cope with living with a traumatic brain injury, and the ongoing therapy and medical help can become very costly. There are also other damages that a TBI victim can suffer, including loss of the ability to live a normal life, loss of independence, or the inability to enjoy the normal activities that most kids without a traumatic brain injury get to experience.

If your child's TBI occurred because a product manufacturer, a premise owner, a car driver, a trucker, a motorcyclist, or another party was negligent or careless, your son or daughter may be entitled to personal injury recovery.

Severe Pediatric Traumatic Brain Injury, EMS Responder

Traumatic Brain Injury, Kidsource.com

Related Web Resources:
Traumatic Brain Injury Information Page, National Institute of Neurological Disorders and Stroke

National Center for Injury Prevention and Control

Denver's Craig Hospital, a nationally known and respected hospital, now caring for spinal cord and brain- injured patients, was founded by Frank Craig in Lakewood, CO in 1907 for the treatment of indigent men with tuberculosis. Its initial name was "Tent Colony of Brotherly Love." In 1909, the name was changed to Craig Colony in memory of its founder.

In 1955, with the decline of tuberculosis, the facility started treating multiple sclerosis, muscular dystrophy, polio and spinal cord injuries. Within two years, with a new medical director, Dr. John Young, Craig began shifting its focus exclusively to spinal cord and brain injuries. Craig officially became known as "Craig Rehabilitation Center." In 1966, the name became "Craig Rehabilitation Hospital" Dr. Young is considered the founder of modern Craig.

In 1969, Craig moved from Lakewood to Denver and built an 80-bed rehabilitation hospital on the ground of Swedish Hospital. The two were connected by a tunnel. By 1970, Craig began an in-house neurosurgical program.

1974 saw the opening of a shared Neurotrauma Unit at Swedish Hospital, designed by Dr. Harry R. Hahn. It was one of the first models of its kind. Finally, in 1975, Craig became "Craig Hospital."

The Traumatic Injury Team was created distinct from the Spinal Cord Injury Teams under the direction of Dr. Hahn ad was soon thereafter intensely developed by Dr. Mark Cilo. In 1978, "Pete" Peterson, M.D. published a leading text, "The Management of High Quadriplegia" in 1989.

In 1980, Craig Hospital staff was instrumental in the creation and early development of the Colorado Head Injury Foundation, now known as the Brain Injury Association of Colorado. In 1983, Craig expanded by 63,000 square feet, which included a large gymnasium, an outpatient clinic, a media studio, therapy areas and department offices.

In 1989, U.S. News and World Report began ranking hospitals. Craig was ranked in the top 10 rehabilitation hospitals in the U.S. Craig physicians and staff are widely sought after for presentations and publications, averaging 75 professional presentations a year and publishing 20-25 articles and book chapter per year.

Craig has received numerous prestigious awards over the years for its outstanding medical and support staff and excellent facilities.

Continue reading "Craig Hospital in Colorado One of the Very Best" »

Despite the massive product recalls in the past few years due to high levels of lead in certain consumer products, as well as the fact that the toxic ingredient has been banned from household paint for over 30 years, lead poisoning continues to be a health hazard—especially for young children. Lead is more dangerous for young kids, who absorb lead more easily into their bodies. Because their brains are more sensitive to lead than the adult brain, young children are more at risk of sustaining some of the serious injuries that can result from lead poisoning.

Just last week, a Mississippi family was awarded $7 million on behalf of a teenager that continues to experience developmental difficulties following exposure to toxic lead-based paint. Trellvion Gaines's family claims that he inhaled lead paint dust and chips while staying at his grandmother's home.

The residence was painted in the early 1970's using Sherwin-Williams paint. After the lead paint was banned, Gaines's family claims that they followed the directions provided by the paint maker to remove the old paint and replace it with safer paint. They contend, however, that the toxic paint chips and dust was created when they sanded and scraped the old paint (per the paint manufacturer's directions).

Gaines, who is in his late teens, now has learning disabilities and his reading abilities are equivialent to that of a second grader. Ingesting paint has been known to increase lead blood levels and cause lead poisoning, which has been linked to cognitive and developmental problems in kids, as well as other catastrophic complications, such as traumatic brain injuries, injuries to the nervous system, mental retardation, growth retardation, coma, and death.

Also this month, another family agreed to settle their New York lead poisoning lawsuit for $1.6 million. The Utica family claimed that four siblings were injured after they were exposed to lead paint chips in two different homes.

Rankeem Gilmore, 17, Tashawn Gilmore, 18, Delqwon Gilmore, 20, and Shaquanda Gilmore, 21, will divide the settlement that two landlords will pay them. Although lead paint can no longer be used to paint homes and other buildings, the toxic paint is still be found in many older homes in the US.

Products Liability Lawsuits
Product manufacturers are supposed to make sure that their toys, paint, and other products do not contain levels of lead that are dangerous enough to cause serious injury to people. Unfortunately, this is not always the case.

Examples of products that may contain toxic levels of lead:

• Paint
• Drinking water
• Painted furniture
• Painted toys

Utica family awarded more than $1 million for lead exposure, UticaOD.com, June 13, 2009

Mississippi jury rules against Sherwin-Williams in lead paint contamination lawsuit, Newsday, June 30, 2009

Related Web Resources:
Lead Poisoning, Mayo Clinic

Toys and Lead, CDC

Consumer Products Safety Commission