Product Liability Law Blog

According to a report issued by HealthyStuff.org, a nonprofit environmental research group, there are enough toxic chemicals found in garden houses and other gardening products to warrant a "high concern" notation. The study looked at 90 garden houses, 23 garden tools, 53 gloves, and 13 kneeling pads that were bought from popular retail stores, such as Wal-Mart and Lowe's, Target, and Home Depot.

Per the study's findings:
• 100% of the PVC garden hoses tested positive for phthalates.

• 30% of all the products tested contained over 100 parts per million of lead in at least one component. (This is rather high, considering that the CPSC now limits lead amounts to 100 parts per million in children's products.)

• Phthalates and lead levels in the gloves and water hoses that were tested went over the CPSC's allowable levels for other products.

• There were garden hose brass fittings containing levels of lead that went over even the Safe Water Drinking Act standard for brass fittings in residential water fixtures.

While HealthyStuff.org was most concerned about garden hoses and how much toxic chemicals they might contain, the group was also worried about vinyl garden gloves and the amount of phthalates found in them.

Products Liabilitiy
If exposure to lead or phthalates or any other toxic chemical in a product has caused someone injury, illness, disability, or death, the victim and his/her family may have reason to pursue a products liability case against the manufacturer, distributor, and/or seller.

Exposure to too high levels of lead can cause lead poisoning, leading to brain damage, hearing problems, learning disabilities, and even death. In recent years, the CPSC recalled millions of products, primarily made for children and babies, because they contained too much lead. Many of these products were made abroad.

Meantime, there have been different reports about phthalates, which is used to soften plastic, and what can happen to someone who has been exposed to too much. Some studies have linked phthalates to genital birth defects, changes in baby boys' reproductive hormones, an increased risk of breast cancer, liver cancer, and as having an adverse effect on the kidneys, blood, and/or reproductive system.

Not only are manufacturers supposed to make sure that their products are safe for use, but they also need to warn about any health or injury risks. Failure to warn or provide instructions on how to safely use a product can be grounds for a product defect lawsuit.

Please contact The Gilbert Law Group and ask to speak with one our experienced products liability lawyers today. We represent clients that have been injured or fallen ill because of dangerous, toxic, or defective household appliances, furniture, clothing, toys, accessories, motor vehicles, and other consumer products.

2012 Garden Products Study, Healthy Stuff

Garden hoses often contain phthalates and lead, study says, Los Angeles Times, May 4, 2012

CPSC Announces New, Lower Limit for Lead Content in Children's Products, CPSC, July 15, 2011

Phthalates: Hidden Dangers In Everyday Products, Healthy Child, June 29, 2011

More Blog Posts:
CPSC Stopped About 647,000 Unsafe Products from Entering the US During 1st Quarter of Fiscal Year 2012, Product Liability Law Blog, April 10, 2012

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

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

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 " »

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" »

Nearly a decade after finding out that table saws can cause serious injuries to users, the Consumer Product Safety Commission is now ready to talk about creating tougher safety standards for these products. The delay comes after years of bureaucratic hurdles, extensive study into the matter, and other regulatory work.

Table saws cause about 10 finger amputations a year. Fractures are also a common table saw-related injury, with laceration injuries the most common. Also, per a recent CPSC study, in 2007 and 2008 about 66,900 people were treated at an emergency room for table saw blade contact injuries. If you or someone you love suffered an injury from using a table saw you may be able to file a products liability complaint against the manufacturer. Hundreds of table saw lawsuits have already been filed by injury victims and their families.

Last year, a jury awarded a $1.5 million Massachusetts appliance defect verdict to Carlos Osorio, who injured his fingers while using a table saw when laying hardwood floors. One World Technologies Inc. was found guilty of breach of warranty of merchantability and negligence. Because the table saw accident severed two of his tendons, Osorio's hand is now stuck in one fixed position. The plaintiff's table saw attorneys had argued that if SawStop, (a blade outfitted with technology that stops when it sense a body part) had been implemented with this particular product, then Osorio's hand would have been saved.

Stephen Gass, is the inventor of SawStop. Although he was the one who convinced the CPSC to accept his petition for rulemaking in 2002 when President Bush was president, since the Commission didn't draft the rule then, a new vote will have to be made now. The CPSC will also have to be careful to consider whether regulation it comes up with will limit market place competition in favor of Gass's "flesh-sensing" technology. Next month, the federal agency will vote on whether to initiate first steps toward mandatory regulation.

Meantime, the Power Tool Institute, which represents table saw manufacturers, says that the saws' blade guards have since been improved so that they protect against injuries. It also says that this year, no new table saw lawsuits have so far been filed.

More Table Saw Injury/Accident Facts from the CPSC's 2009 study:

• 95.7% of injuries were sustained by table saw operators.
• 88% of injuries involved contact with the saw blade.
• Fixed cabinet saws, semiportable contractor saws, and portable bench saws have all been known to cause injuries.
• In 78.7% of injury incidents, the table saw lacked a safety switch. In numerous instances, the blade had been removed for the sake of convenience.
• Avulsions, abrasions, and contusions are examples of other table saw injuries.
• Aside from the fingers and hands, injuries to the eyes, head, face, and wrists were also reported.

According to the National Consumers League, table saw injuries cause accident victims about $31,000/year.

Table saw manufacturers can be held liable for failing to do everything possible make a product that is safe for use, not warning about possible dangers, or not including instructions to ensure safe use.

Survey of Injuries Involving Stationary Table Saws, CPSC (PDF)

Table Saw Injuries Out of Control, National Consumers League says, Consumer Chronicle, May 25, 2011

Consumer Product Safety Commission to discuss stricter regulations for table saws, The Washington Post, September 23, 2011

CPSC wants to stop daily table saw amputations, USA Today, February 2, 2011

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

Products Liability Settlements Reached In Furniture Defect Lawsuits Against Martha Stewart and Kmart Over Patio Chairs That Caused Finger Injuries, Product Liability Law Blog, August 20, 2011

Treadmill Accident: Mike Tyson's Daughter Dies After Her Neck Gets Caught in Exercise Machine Cord, Product Liability Law Blog, May 30, 2009

Continue reading "CPSC Now Ready to Talk About Tougher Safety Regulations for Table Saws " »

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

A tragic treadmill accident this week claimed the life of former heavyweight boxing champion Mike Tyson's 4-year-old daughter Exodus On Monday, her 7-year-old brother found her with the cord that hangs from a treadmill console wrapped around her neck. Following the strangulation accident, Exodus's mother tried to revive her with CPR while waiting for the paramedics to arrive at their home. The girl was then taken to a local hospital where she was placed on life support. Exodus died on Tuesday morning.

Treadmill Accidents
The US Consumer Product Safety Commission reports that every year, at least 2,600 kids are hurt in treadmill accidents end up in US emergency rooms. In Philadelphia alone, 12 children were injured in treadmill accidents in 2001—six of those injuries involved kids getting their hands stuck in the exercise machine's belt. Their injuries were serious enough to require plastic surgery so they could open up their hands.

There also have been reports that hard edges, moving parts, and the programmed speeds of a treadmill can cause unexpected injuries to people. Researchers say that modifying treadmill designs, such as making the exercise machine harder to start and easier to stop, could prevent some of these accidents from happening.

The CPSC says that the treadmill is not the only kind of exercise equipment that has been known to cause injury to kids. Also:

• About 25,000 children under the age of 14 are injured on exercise equipment every year.
• Some 8,700 of these accidents involve kids younger than 5.
• Stationary bikes and stair climbers are two other kinds of exercise equipment that have been known to cause injuries to children.
• Amputations and fractures make up 20% of injuries to minors caused by exercise equipment.

While there are safety precautions that parents can take to protect their kids from getting hurt on a treadmill or another kind of exercise equipment, it is still up to the equipment manufacturer to make sure that their products do not have any design defects or manufacturing flaws that could cause cause injury or death if the equipment malfunctions. Warning of any potential hazards that may arise must be included with the product when it is delivered to the consumer.

Tyson's Tragedy Shows Treadmill Danger, ABC News, May 27, 2009

Kids and treadmills: a bad combination, TampaBay.com, May 28, 2009

Related Web Resources:
Exercise (And Children On Exercise Machines), UAB Health Systems

CPSC

Continue reading "Treadmill Accident: Mike Tyson's Daughter Dies After Her Neck Gets Caught in Exercise Machine Cord" »

In the last four days, the Consumer Product Safety Commission has announced the recalls of four products due to concerns that they could pose an electrical or fire hazard to users. Products that are part of the recalls include:

Approximately 13,000 Ritchie immersion heaters: The reason for the recall is that there is a possibility the heater could crack, exposing the heating element in the heater to water. If this happens, someone who comes in contact with the heater could experience electric shock. To date, there have been 44 reports of heater covers cracking. Fortunately, no one has been injured so far. With the cold weather expected to last in many parts of the United States for at least several more weeks, however, now is a good time to return these heaters and get them replaced.

Holiday Ultra-Brite Lights distributed by Universal Distribution Center: Some 52,000 products are part of this recall. A defect involving undersized wires could cause the light sockets to become exposed if the wires separate from the plugs. The CPSC is concerned that this product may pose a fire or electric shock hazard to users.

All-Clad 4-Square Belgian Waffle Makers, distributed by All-Clad Metalcrafters LLC: The waffle maker's wiring is easily damaged and could pose a shock or fire hazard if someone were to come in contact with the waffle maker's metal parts. Already there have been 20 reports of the waffle makers giving out sparks. No injuries have been reported so far. These waffles are sold only through Williams-Sonoma.

Approximately 430 Tealight Candleholders, which are sold at Seventh Avenue and distributed by Berkeley Designs: The CPSC says the resin accents on the candleholder's sides could ignite and cause a fire. While no injuries have been reported, there is one report of a candleholder catching fire.

Defective Household Products
While household products and furniture items may seem like useful and generally harmless items to have in your home and around your children, there are those products that are defectively made or end up malfunctioning that could pose a serious physical threat or health risk to you and your family. Dangerous electrical appliances, such as defective microwaves, washing machines, stereos, coffee makers, dishwashers, heaters, refrigerators, and other products that require the use of electricity can turn into dangerous products that leave you vulnerable to electrocution injuries, electrical burns, burn injuries, or death. A small fire caused by a defective electrical appliance or another item requiring the use of flames could rapidly turn into a devastating blaze that could destroy not just your home but the lives of those you love.

The manufacturers of household products and other consumer goods must be held accountable if a defective or malfunctioning product causes an injury or death. Filing a products liability lawsuit is one way to hold the negligent party liable.

Ritchie Immersion Heaters Recalled By Springfield Wire Due to Shock Hazard, CPSC, March 4, 2009

Holiday Lights Recalled by Universal Distribution Center Due to Shock and Fire Hazard, CPSC, March 4, 2009

All-Clad Recalls 4-Square Belgian Waffle Makers Due to Shock Hazard; Sold Exclusively at Williams-Sonoma, CPSC, March 4, 2009

Seventh Avenue Recalls Tealight Candleholders Due to Fire Hazard, CPSC, March 3, 2009

Related Web Resources:
Protect yourself and your home from electrical hazards

Electrical Safety, CDC

Burn Survivor Resource Center

Continue reading "Burn and Electrocution Injuries Are Reasons for Latest CPSC Recalls of Heaters, Holiday Lights, Waffle Makers, and Tealight Candleholders" »