Product Liability Law Blog

In the first quarter of fiscal year 2012, Consumer Product Safety Commission port investigators and US Customs Border Protection agents have stopped nearly 650,000 units (of approximately 240 different noncomplying products) from entering the country and reaching consumers. They screened over 2,900 shipments at ports of entry throughout the country and pulled the items that they determined were unsafe and/or violated US safety rules.

Most of the products that the agents and inspectors halted were for children (527,950 units). Some of the reasons they didn't make it through included lead paint violations, small parts, phthalates, which are banned from child products, tracking label violations, misbranding, and other violations involving art materials, battery-operated toys, baby walkers, magnets, baby rattles, clacker balls, and toys with sharp points or chemical hazards. Adult products (119,410) that were stopped included holiday lights, hair dryers, lighters, luminaries, fireworks, and bicycles.

In fiscal year 2011, the federal safety agency had examined over 9,900 product shipments at US ports. Nearly 4.5 million units of products considered hazardous or violative were stopped from reaching consumers.

Products Liability
At The Gilbert Law Group, our products liability lawyers have the skills and experience to represent children and adults injured by defective products, including dangerous or hazardous toys, appliances, furniture, electrical products, recreational equipment, and accessories. Even though the CPSC works hard to prevent manufacturers and distributors from producing and bringing unsafe products into the marketplace, it is obvious from the number of recalls that continue to be announced every month that there are many unsafe units that still manage to make their way in, posing a serious injury and health risk to consumers.

This month alone there have been over 10 products recalled already over fire dangers, fall hazards, fingertip amputation and laceration risks, and suffocation and entrapment dangers. Recalled items included approximately 16,700 Rockland Furniture Drop-side cribs for the usual strangulation, suffocation, and entrapment hazards posed by this type of design, about 40,000 Topeak Babyseat II Bicycle Carrier Seats (the grab bar's hinge mechanism can cause fingertip amputation and laceration injuries), around 2,000 Viking dishwashers due to an electrical issue that may cause them to overheat and start a fire, and more than 307,000 Office Depot® Brand Biella Leather Desk Chairs that can cause fall injuries should the chair to come off its base. Already there have been several reports of minor injuries.

Port Surveillance News: CPSC Investigators Find, Stop Nearly 650,000 Unsafe Products at the Start of Fiscal Year 2012, CPSC, April 5, 2012

U.S. Customs and Border Protection

Consumer Reports

More Blog Posts:
Even as Number of Children's Product Recalls Went Down in 2011, Injuries Rose, Product Liability Law Blog, April 13, 2012

More Pourable Gel Fuel Recalled by Manufacturers, Product Liability Law Blog, September 30, 2011

CPSC Now Ready to Talk About Tougher Safety Regulations for Table Saws, Product Liability Law Blog, September 28, 2011

Continue reading "CPSC Stopped About 647,000 Unsafe Products from Entering the US During 1st Quarter of Fiscal Year 2012 " »

With the weather getting warmer, more people will be going outside to turn on the grill and start cooking meat, poultry, and other food items. While grilling is considered healthier than frying foods, there are also some risks involved. E.coli risks go up if you fail to properly grill your meat or chicken or you cook contaminated food products and burnt meat can contain carcinogens. However, there is another possible health risk being reported that involves use of a wire grill brush. Used to free up charred remains from the grill and protect the grill rack from damage, some medical professionals are reporting that there are patients seeking treatment for injuries because they've accidentally ingested the brush's wire bristles.

According to a study involving doctors at Rhode Island Hospital, between May 2009 and November 2010, six patients were admitted to the emergency room there because of wire bristle ingestion. These patients came in complaining of abdominal pain and painful swallowing. They all had just eaten grilled meat. CT scan and x-ray results showed that there were wires in the abdomens and throats of the patients. The doctors determined that these were the grill brush bristles that had come off and gotten stuck in the meat.

The study's lead author, radiologist David Grand, says they don't know if this is a widespread problem. He is, however, calling for more research. Meantime, our products liability law firm will continue to monitor developments surrounding the wire grill brush and we will bring you updates.

The doctors had to perform surgery on three of the patients to remove the bristles. Two of these procedures were done on the small intestine, another on the liver. They also took out bristle wires from the necks of three patients. The findings from their study can be found online in the American Journal of Roentgenology.

Obviously, getting wire bristles stuck in your throat or in one of your internal organs can be very painful and could lead to serious health problems--not to mention the complications that might result from having to undergo surgery to remedy the matter.

Grill brush bristles aren't the only products that can cause a grilling accident. Unstable grills that have a defective support design can cause a fire and/or burn injuries, as can propane tank defects. Sometimes the danger is the person grilling because of inexperience or carelessness. Not knowing how to operate a grill or placing it in an area of the backyard that makes it a fire hazard can up the chance of serious injuries or death. Also, person in charge of food might leave meat products out in the sun too long, causing bacteria to grow, which can potentially lead to stomach illnesses and other health issues for those eating.

Our products liability lawyers represent persons that are seriously injured because of dangerous, defective, and/or poorly designed products. We also represent burn victims injured in accidents. Contact The Gilbert Law Group today.

Watch The Wire: How Your Grill Brush Could Make You Sick, NPR, March 30, 2012

RI Hospital warns of wire grill brush dangers, The Examiner, March 28, 2012

Backyard barbecues are a big part of summer fun, but avoiding their hidden dangers is key to staying healthy and enjoying a cookout, a doctor suggests, USA Today/AP, July 22, 2011

American Journal of Roentgenology

More Blog Posts:
Portland, Oregon Child Injury: 3-Year-Old Undergoes Surgery After Swallowing 37 Buckyball Earth Magnets, Product Liability Law Blog, March 16, 2012

More Pourable Gel Fuel Recalled by Manufacturers, Product Liability Law Blog, September 30, 2011

CPSC Now Ready to Talk About Tougher Safety Regulations for Table Saws, Product Liability Law Blog, September 28, 2011

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 " »

Another six companies are recalling their pourable gel fuel products over concerns that they may cause burn injuries to consumers. It was just last month that nine other manufacturers recalled more than 2 million units of pourable gel units following reports of serious injuries and deaths.

The gel fuel can ignite when being poured into a still lit firepot. In the event that the fuel was to splatter, landing on people, objects, and the surrounding area, flash fires can erupt, causing serious burn injuries.

Already, there have been at least 65 incidents reported. 28 of them resulted in 37 burn injuries. These flash fires can be hard to extinguish. A person on fire because of a gel fuel cannot just "stop, drop, and roll." Dousing the victim with water won't necessarily do the job either and trying to pat the fire off him/her can cause the flames to spread onto the person attempting to make a rescue. According the Consumer Product Safety Commission, a BC-rated or ABC-rated dry powder/chemical fire extinguisher is your best bet.

Burns injuries to the face, hands, chest, arms, and legs and at least two deaths have occurred from these accidents. Recent injury victims include a 14-year-old who went into a coma and needed a ventilator to stay alive. Two male adult friends sustained numerous burn injuries during the same incident. One of the victims, 24, already has had multiple surgeries to treat his burns.

One couple recently filed a Florida products liability lawsuit over their burn injuries from using a NAPAfire and FIREGEL Gel Fuel, which also has recalled its gel fuel products. Because that company has sued for bankruptcy, they are not pursuing damages against it. They are, however, going after the sellers of the gel fuel and firepot and the company that packaged the product.

Remember, that there may be more than one party that can be held liable for burn injuries caused by a defective product. Depending on the specifics of your case, manufacturers, sellers, retailers, those in charge with packaging and marketing the products, and distributors are just some of the possible defendants.

List of manufacturers that have recalled their pourable gel fuel products:
• Napa Home & Garden, which recently declared bankruptcy
• Smart Solar Inc.
Pacific Décor Ltd.
• Lamplight Farms Inc.
• Sunjel Company
• Bird Brain Inc.
• Real Flame of Racine
• Luminosities Inc.
• Fuel Barons Inc.
• Bond Manufacturing
• Husqvarna Zenoah Co. Ltd.
• Luminosities/Windflame Inc.
• Smart Solar Inc.
• Real Flame
• Fuel Barons
• Bond Manufacturing Co.

You want to work with a products liability law firm that knows how to prove that a company was negligent.

Recalls, CPSC

Nine Manufacturers, Distributors Announce Consumer Recall of Pourable Gel Fuel Due to Burn and Flash Fire Hazards, CPSC, September 1, 2011

Calls to ban gel fuel heat up, Chicago Tribune, August 10, 2011

Related Web Resources:
Burns, Medline Plus

Products Liability, Justia

More Blog Posts:
Products Liability: Fire Gel Fuel Used in Firepots, Fancy Torches, and Personal Fireplaces Posing a Serious Burn Injury Hazard to Consumers, Product Liability Law Blog, August 3, 2011

Preventing Injuries to Children: Are Gas Fireplaces a Burn Hazard?, Product Liability Law Blog, March 8, 2010

Burn and Electrocution Injuries Are Reasons for Latest CPSC Recalls of Heaters, Holiday Lights, Waffle Makers, and Tealight Candleholders, Product Liability Law Blog, March 4, 2009

Continue reading "More Pourable Gel Fuel Recalled by Manufacturers" »

The new federal rules updating the nation's crib safety standards are now in effect. Under the new rules, which the US Consumer Product Safety Commission established:

• Drop-side cribs can no longer be manufactured or sold. With at least 32 infants dying from strangulation or suffocation while in a drop-side crib, these child sleepers have proven too dangerous to use let alone make or sell.
• Slat strength and mattress support must meet tougher standards.
• Crib hardware must be more durable
• Safety testing has to be more rigorous

Any company that sells or makes cribs must meet the new standards beginning today. Crib rental companies, day care centers, and hotels, however, have until December 28, 2012 to be in compliance. Unfortunately, just because the new rules are in effect doesn't mean that there won't be children who may get hurt because of existing cribs with defects. If this does happen, you should speak with an experienced products liability law firm immediately.

Some crib hazards that have given cause for concern:

• Drop-sides detaching or dropping without warning


• Too big of an opening created between the side of a crib and the mattress


• Crib slats coming loose

This is the first time in almost three decades that the US government has updated its crib safety standards. The decision to make this change follows the recalls of some 11 million cribs since 2007 that posed strangulation, suffocation, entrapment, and/or fall hazards to infants and toddlers. Even the big manufacturers, such as Delta, Simplicity, and Evenflo have recalled cribs.

As a parent or guardian, there are proactive steps you can take to make sure that a crib is safe:

• Check the crib to make sure there are no parts missing or loose.


• Make sure that the mattress fits the crib correctly.


• If you are staying at a hotel or leaving your child at day care check to make sure that the cribs they use are not drop-side cribs or ones that have other crib defects.

Crib safety standards expanded, Crib Safety Standards, June 28, 2011

Consumer Product Safety Improvement Act of 2008

More Blog Posts:
Toddler's Parents File Massachusetts Crib Defect Lawsuit Seeking Wrongful Death Damages, Product Liability Law Blog, January 14, 2011

CPSC Bans Drop-Side Cribs and Approves New Crib Safety Standards, Product Liability Law Blog, December 18, 2010

22,000 Dream on Me Drop-Side Cribs Recalled Because They Pose Laceration, Entrapment, Suffocation, and Fall Hazards, Product Liability Law Blog, May 24, 2011

Continue reading "New Crib Safety Standards Go Into Effect Today" »

The Consumer Product Safety Commission and importer Dream on Me are recalling about 22,000 drop-side cribs because of the dangers they pose to young children. The portable and full-size cribs reportedly may have defects that could cause suffocation, entrapment, laceration, and fall injuries.

The CPSC and Dream on Me know of 69 reports of incidents caused by crib defects or a crib malfunctioning. One infant, 8-months, sustained a minor injury from the exposed plastic hardware inside one of the portable cribs. Another child, age 1, sustained a scratch to his nose when he got stuck between another portable crib's side rail and mattress support.

The full-size cribs are made with hardware that could fail or break, which could cause its drop side to detach. If this happens, a child might fall out of the crib or get caught between the mattress and the drop side rail, resulting in an entrapment accident that could lead to suffocation, traumatic brain injury, or death. Meantime, the portable crib's drop side rail might also detach because its hardware, as well as the material that makes up the the drop side's release latch, and crib mattress support are not durable enough to prevent easy breakage. Also, in the event that the crib slats were to detach, break, or become loose, a child could sustain a cut injury from the exposed hardware.

The full-size Dream on Me cribs that are being recalled were made between January 2006 and December 2009. The portable cribs were manufactured between August 2007 and February 2009.

Our child injury lawyers are fierce advocates for families whose children have gotten hurt because of a crib defect. Over the years, we've watched as manufacturers have recalled millions of cribs because of the hazards they pose to kids. It is unacceptable a crib to be dangerous for use. Fortunately, the US government's ban on drop-side cribs, which goes into effect next month, will prevent many more hazardous cribs from being made. That said, there are many drop-side cribs that are still in use.

Dream on Me Recalls Drop-Side Cribs Due to Entrapment, Suffocation, Laceration, and Fall Hazards, CPSC, May 24, 2011

Product recall: some 22,000 Dream on Me drop-side cribs recalled, The Washington Post, May 24, 2011

CPSC's ban on drop-side cribs takes effect in June, USA Today, June 16, 2010

Related Web Resources:
Dream on Me

What Are The Safety Issues With Drop-Side Cribs?

More Blog Posts:
CPSC Bans Drop-Side Cribs and Approves New Crib Safety Standards, Product Liability Law Blog, December 18, 2010

Colorado Infant Death Prompts CPSC to Re-Announce Recall of Delta Enterprise Drop-Side Crib Over Safety Peg Defect, Product Liability Law Blog, March 27, 2011

Toddler's Parents File Massachusetts Crib Defect Lawsuit Seeking Wrongful Death Damages, Product Liability Law Blog, January 14, 2011

Continue reading "22,000 Dream on Me Drop-Side Cribs Recalled Because They Pose Laceration, Entrapment, Suffocation, and Fall Hazards" »

The Consumer Product Safety Commission recently issued a warning that as the number of coin-sized batteries used increases, so do the number of injuries and deaths. Seniors and toddlers are most at risk of accidentally swallowing the button batteries. CPSC is asking battery manufacturers and the electronics industry to develop industry standards and warnings to address safety concerns. Our products liability lawyers would like to remind you that failure to find a way to remove/remedy/warn about a safety hazard can be grounds for a lawsuit if injuries result.

According to a recent button-battery linked deaths and injuries have gone up seven-fold since 1985. In most incidents, the culprit is 3 volt batteries that are at least 20 mm in diameter. Dr. Toby Litovitz of the National Capital Poison Center conducted the study.

The disc-sized batteries become dangerous when swallowed. If they don't get stuck in the throat, they may make their way all the way down to the intestine. Bodily fluids can cause the battery to release an electrical discharge that can cause chemical burns. Other injuries have included damage to the esophagus and the appearance of a whole between the trachea and esophagus.

Button batteries are used in thousands of products found in the home and are easy to for kids to access in toys, remote controls, games, and other products and appliances. CPSC says parents often don't realize that their toddler has swallowed a button battery, thinking that he/she just has a stomach ache, cough, sore throat, or fever. Over 60% of cases are initially diagnosed. Last year, the Archives of Otolaryngology -- Head & Neck Surgery published the work of Stanley J. Kimball of Mount Carmel Health System. In his study of 10 pediatric patients who accidentally swallowed a button battery between 1998 and 2008, he found that treatment usually occurred anywhere between 6 hours to 30 days of the baby swallowing the battery.

CPSC Warns: As Button Battery Use Increases, So Do Battery-Related Injuries and Deaths, CPSC, March 23, 2011

Swallowed "button" batteries cause severe injuries in babies, Baby Center, September 20, 2010

Archives of Otolaryngology -- Head & Neck Surgery

National Capital Poison Center

Continue reading "Number of Button Battery-Linked Deaths and Injuries Rising, Says CPSC" »

The U.S. Consumer Product Safety Commission and Delta Enterprise Corp. are again announcing recall of over 985,000 drop-side cribs that come with "Crib Trigger Lock and Safety Peg" hardware. This re-announcement comes two months after the crib maker and CPSC learned that a baby girl, 7 months, died in a Colorado crib entrapment accident in 2009. The original recall was announced in October 2008.

The crib, which was bought secondhand, had been put together but without bottom track safety pegs. The baby suffocated after getting stuck between the crib mattress and its drop side, which had detached. The missing safety pegs contributed to the drop-side rail coming off its track.

The 2008 recall was issued after another infant, 8 months, died in a crib entrapment accident when the drop-side detached. That crib was also assembled without safety pegs. Missing pegs was also a factor in the 9 crib detachment and 2 entrapment incidents that had been reported.

It is important that a crib is properly assembled and all pieces are securely in place. Cribs should also be free of hardware defects that can cause dangerous malfunctions, such as when a drop-side becomes derailed, creating an opening between the mattress and the side of a crib that can lead to entrapment and, subsequently, suffocation, as well as other injuries. For example, if a child were to fall out of the crib because a drop-side had partially come off, he/she might sustain bruises, broken bones, cuts, or suffer a head injury.

Fortunately, the US government has now banned drop-side cribs in the US, which is linked to over 30 toddler and infant deaths over the last decade. Millions of drop-side cribs have had to be recalled because of the danger they pose to young kids. That said, there are still drop-side cribs that have already been bought or acquired secondhand that may cause injuries to children.

Our child injury lawyers are familiar with the crib defects that can cause serious injuries and we are not afraid to pursue recovery from a large manufacturer if their negligence played a role in causing the crib accident.

Second Infant Death Prompts Re-Announcement of Delta Enterprise "Safety Peg" Drop-Side Crib Recall to Repair, CPSC, March 22, 2011

After dozens of deaths, drop-side cribs outlawed, MSNBC/AP, December 15, 2010

Related Web Resources:
Delta Children's Products

Crib Safety, Juvenile Products Manufacturers Association

More Blog Posts:
CPSC Bans Drop-Side Cribs and Approves New Crib Safety Standards, Product Liability Law Blog, December 18, 2010

Delta Enterprise, LaJobi, Evenflo, and Jardine Enterprises Among the More than 2 Million Cribs Recalled Over Drop-Side Issues and Other Hazards, Product Liability Law Blog, June 29, 2010

Deaths of Two Infants Lead to Recall of Nearly 1.6 Million Delta Cribs and 2 Thousand Playkids Convertible Cribs, Product Liability Law Blog, October 22, 2008

Continue reading "Colorado Infant Death Prompts CPSC to Re-Announce Recall of Delta Enterprise Drop-Side Crib Over Safety Peg Defect" »

The Consumer Product Safety Commission has announced several recalls in the past week geared toward preventing serious injuries to children. The most recent one comes today with the recall of approximately 1,160,000 Roman shades and 115,000 roller shades made by Smith + Noble. The shades pose a strangulation hazard that can occur in the event that the child's neck either gets ensnared in the shade cord or stuck between the Roman shade and the exposed inner cord. So far, there has been just one report of a child, a 5-year-old Washington boy, getting entangled in a roller shade's unsecured continuous loop bead cord. Fortunately, he did not require medical attention. Shade owners should request a free repair kit.

Just two days before, the CPSC recalled about 44,900 Kariño Baby Pacifiers distributed by Antonio Flores. The pacifier do not meet federal safety standard and poses an aspiration risk and choking hazard to young kids. The pacifier's mouth guard isn't large enough and lacks ventilation holes. Also, its handle is too long and the nipple is easy to separate from the base. It is important to take the pacifier away from your child right away and contact Antonio Flores to request your refund.

Last Thursday, the CPSC and Health Canada recalled approximately 20,000 Cozy Indoor Outdoor Portable Playard Tents Plus Cabana Kits. The playard can pose an entrapment and strangulation hazard if the clips attaching the tent to the playard break or come off. At that point, a child in the playard is at risk of becoming entrapped between the tent's metal base rod and the playard frame. One boy, age 2, died from injuries he sustained in the playard during a Maine entrapment accident. Consumers are being urged to stop using the playard tents and contact Tots in Mind Inc. to request a free replacement kit.

Our child injury lawyers are pleased to hear about the Consumer Product Safety Commission's increased efforts to clear the marketplace of products that can cause serious injuries to children. That said, there are still a lot of products with defects that continue to place kids' lives at risk, including poorly designed and manufactured clothing, shades, nursery products, furniture, child safety seats, toys, jewelry, playground rides, chests, and household décor.

Smith+Noble window shades recalled, UPI.com, July 22, 2010

Karino pacifiers recalled due to choking hazard, Bloomberg, BusinessWeek, July 20, 2010

Safety regulators have new urgency over baby products, USA Today, July 21, 2010

Play yard tents recalled after child's death, AP, July 15, 2010

Related Web Resources:
Consumer Product Safety Commission

Child Safety, Consumer Reports

Continue reading "CPSC Attempts to Prevent Injuries to Children with Recalls of Smith + Noble Roman and Roller Shades, Kari√±o Baby Pacifiers, and Tots in Mind Playards" »

In the wake of the 2007 death of 10-day-old baby from a handmade baby sling, the Consumer Product Safety Commission is recalling approximately 40 Sprout Stuff infant ring slings because they pose a child suffocation hazard. Sprout Stuff is located in Texas.

The baby slings were sold to consumers between October 2006 and May 2007. The recalled slings are made with cloth that threads through a ring and "Sprout Stuff" is printed on the tail hem's backside.

It was just last March that the CPSC put out a warning that parents and caregivers should be extra careful when using the infant slings with babies under 4-months of age. At least 14 infant deaths over the last 2 decades are linked to the infant sling carriers. Products liability lawsuits claiming wrongful death have been filed in some of these cases.

The suffocation risk can occur if the sling's fabric blocks a baby's breathing by pressing against his/her nose and mouth. An infant can also suffocate if his/her airways get obstructed while in the sleeper in a curled position involving the chin pressed into the chest.

Although the CPSC has placed infant slings on the list of infant products that need a mandatory standard, there still isn't one at this time.

Child Suffocation
Suffocation is the number one cause of accidental child deaths. According to More4Kids.Info, common causes of child suffocation include:

• Positional asphyxia
• Overlay: A person sleeping with a child rolls over and smothers the child
• Choking accidents
• Entrapment: The child gets trapped in a confined area that is airtight, such as a toy chest
• The child's face or chest gets covered, which obstructs breathing
• Strangulation

As you can see, many of these causes of child suffocation are ones that our child injury lawyers have written about on our products liability blog site in relation to products that have caused serious injuries to children. Defective cribs, poorly designed window shades and drapes, toy chests with lids that don't have a proper security lock, and toys that are so small that they are easy to swallow, are just some products that have caused suffocation deaths and injuries to kids and babies.

Newborn death prompts recall of baby slings, Associated Press, June 2, 2010

Infant Deaths Prompt CPSC Warning About Sling Carriers for Babies, CPSC, March 12, 2010

Child Suffocation: More than a Nightmare, More4Kids

Related Web Resources:
Recalls.gov

CPSC and Infant Sling Safety, BabyWearing International

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" »

Graco Children's Products Inc. and the US Consumer Product Safety Commission are recalling 1.2 million Graco Harmony™ High Chairs because they pose a fall hazard to kids. The children's products manufacturer has received 464 reports of screws and/or brackets loosening and/or coming out of the chairs' rear legs. This product defect has resulted in at least 24 injuries, including head bruises, bruises, scratches, bumps, and cuts, as well as a hairline fracture to the arm. The loose bracket or screw can cause the high chair to become unstable and tip over.

All Harmony™ High Chairs are included in the recall. The chairs were made between November 2003 and December 2009. They are no longer being manufactured.

Consumers should stop using the Harmony™ High Chair right away. You can get a free repair kit from Graco. The recalled product, which includes over 65 models, was sold at retailers throughout the US, including Toys "R" Us, Babies "R" us, Target, Walmart, Sears, Burlington Coat Factory, and USA Baby.

This is not the first time Graco has had to recall defective high chairs. In 2007, the manufacturer recalled 100,000 high chairs because they were at risk if collapsing if they weren't correctly opened and locked into place.

Graco is not the only major manufacturer that has recalled high chairs over defects. Last year, Fisher-Price recalled its "3-in-1" High Chair because the seat back was at risk of detaching, posing a possible fall hazard. Also last year, the CPSC recalled 90,000 Majestic ™ High Chairs (after already recalling 90,000 high chairs in 2008) and 643,000 Evenflo Envision™ High Chairs because they posed fall and choking hazards to kids.

It can be devastating to find out that your child was hurt or died because a trusted manufacturer designed a furniture, toy, or other kids' product that was defective. You take such good care of your child that you can't help but expect the makers of kids' products to do the same.

Graco recalls 1.2 million high chairs after babies injured, Triangle Business Journal, March 18, 2010

Graco Recalls Harmony™ High Chairs Due to Fall Hazard, CPSC.gov, March 18, 2010

Related Web Resources:
Graco Baby
US Consumer Product Safety Commission

Continue reading "Injuries to Children: 1.2 Million Graco Harmony High Chairs Recalled Because of Fall Hazard" »

With cold weather continuing to affect many parts of the US, people have been using their gas fireplaces to keep everyone indoors warm. Yet are the doors of some of these gas fireplaces poorly designed so that they pose a burn danger to kids?

According to the Children's Hospital Burn Center, in the last five years, the number of hand burns caused by fireplace glass doors has gone up by 50% with an average of 2-3 burn victims coming in each week for treatment. One reason for this is that there are a lot of gas fireplace doors that lack protective screens.

It takes just six minutes for a fireplace door's temperature to hit 200 degrees. The glass door may keep kids away from the fire, but they may still subject to second- and third- degree burns from coming into physical contact with the heat emanating from an extremely hot door.

Over the holiday season, one young boy sustained white blisters on his hands when he placed them on the glass doors of a fireplace. Following the Colorado burn accident, the boy was rushed to the hospital for treatment. Luckily, his injuries did not require skin grafting.

Burn Injuries
Burn injuries can be very painful and traumatic. Second-degree burns can affect both the dermis and the epidermis. Symptoms of a second-degree burn include swelling, redness, peeling skin, blisters, pain, charred skin, peeling skin, and shock. Immediate treatment is imperative, or a second-degree burn can become a third-degree burn. Third-degree burns affect both the external and internal skin layers. They can lead to scar injuries.

Manufacturers must make sure that any products they design are not dangerous for use and if there is an inherent hazard, then they must providing a warning label cautioning against how to prevent injury or death. Otherwise, the victim and his/her family can file a products liability lawsuit suing for personal injury damages. Young children are especially prone to injuries caused by hazardous or dangerous products.

If your child sustained a burn injury from coming into contact with a fireplace glass door, we invite you to contact our products liability law firm and ask to speak with one of our child injury lawyers immediately.

If you are using a gas fireplace with a glass door, the Children's Hospital recommends that you:

• Place a screen or gate around the fireplace to block kids from touching the door.
• Watch your kids when they are near the fireplace.
• Remember that it takes a gas fireplace about 45 minutes to cool down completely after it has been shut off.

Cozy gas fireplace? Don't let it be a burn hazard, Denver Post, February 13, 2010

Gas Fireplace Glass Door Burn Prevention, Children'sHospital.org

Related Web Resources:
Burns, Medline Plus

Burns, KidsHealth.org

The Consumer Product Safety Commission announced today that it is recalling approximately 213,000 play yards with bassinets because of concern that the infant product posses a suffocation risk. The recall includes Eddie Bauer Complete Care Play Yards and Safety 1st Disney Care Center™ Play Yard.

There are no reports of any related injuries to date. Hover, the metal bars that support the sleeper's floorboard can come out through the fabric sleeves. If this happens, the sleeping surface of the bassinet may become uneven. This can cause an infant to suffer from positional asphyxiation or suffocate.

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Dorel Juvenile Group will provide consumers with a free repair kit. Consumers should stop using the bassinet portion that attaches to the play yard until the fix can be made.

Just last week, the CPSC and IKEA Home Furnishings recalled approximately 600 LEOPARD Highchairs because they pose a potential fall hazard or suffocation danger. If the snap locks that secure the seat breaks, the child and the seat can fall through the highchair's frame. There is also concern that a young child might choke on detached snap locks. To date, there is one report of a baby sustaining leg bruises after falling. Another child reportedly was able to chew off one of the locks.

In the wake of ongoing recalls involving child and infant products, federal regulators have approved a new rule mandating that manufacturers keep a list of customers so that it is easier to let parents know if a product is considered dangerous or defective.

The companies that make high chairs, cribs, strollers, gates, toddler beds, bath seats, booster chairs, play yards, hook-on chairs, infant carriers, children's folding tables, bed rails, activity centers, walkers, bassinets, changing tables, cradles, bathtubs, slings, and bouncers will have to include a registration card with each product so that they can put together their consumer lists.

While quick notification will hopefully prevent more child injuries caused by defective infant products from happening, there are still children and babies who may be hurt before (and even after) a recall is issued.

Dorel Juvenile Group Voluntarily Recalls Bassinets on Select Play Yards, Offering Parents Free Bassinet Repair Kit, PR Newswire, December 30, 2009

CPSC approves final rule on registration card program for infant, toddler products, Kids Today, December 29, 2009

Recall: IKEA highchair, Chicago Tribune, December 22, 2009

Related Web Resources:
US Consumer Product Safety Commission

Nursery Product-Related Injuries and Deaths, CPSC, November 2009 (PDF)

Continue reading "213,000 Dorel Juvenile Play Yards and 600 IKEA LEOPARD Highchairs are Among Latest Children's Furniture Product Recalls by CPSC" »

The Consumer Product Safety Commission is once again warning parents and guardians about the dangers associated with Simplicity drop-side cribs. The CPSC began recalling these child sleepers, made by SFCA Inc. and Simplicity Inc., in December 2005. Over 2 million Simplicity drop-side cribs have been recalled because of the hazard they pose to children. CPSC's other Simplicity recalls were announced on June and September 2007, September 2008, and July 2009. The agency says that at this point, all Simplicity drop-side cribs are recalled.

Defects with the crib's plastic material can lead to deformity or breakage, which can cause the drop side of the crib to become detached. This can create a gap between the mattress and the drop side that babies can fall into, and they may suffocate while entrapped.

Last week, the CPSC announced that 11 babies have now died because of this crib defect. The latest child death was in September when a 7-month-old died from a Kentucky entrapment accident. The victim of another recent Simplicity crib death was an 8-month old baby in Texas. The CPSC says it also knows of about 25 other incidents involving Simplicity drop sides detaching.

Suffocation accidents involving defectively designed cribs continue to be a problem that doesn't seem to be going away. Tragically, it is the babies and their families that suffer.

Earlier this month, our child injury lawyers posted a blog entry about the recall of 24,000 Amboy Baby Motion Beds and Hammocks. The CPSC announced the recall after two child suffocation deaths. Last month, the dangers involving drop-side cribs made the headlines once again when the CPSC recalled 2.1 million Stork Craft Drop-Side cribs following a series of entrapment, suffocation, and fall accidents, and at least four child deaths.

Crib manufacturers have no excuse for making sleepers that can cause suffocation, entrapment, or falls. They can be held liable for products liability if a child injury or infant fatality results.

CPSC sounds the alarm after another Simplicity crib death, Consumer Reports, December 18, 2009

CPSC Launches New Effort to Find Recalled Simplicity Cribs (PDF)

Related Web Resources:
Simplicity for Children

CPSC

Continue reading "7-Month-Old Baby is 11th Child Fatality Involving Simplicity Drop-Side Cribs" »