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 " »

According to a report released by Kids In Danger (KID), although the number of children's products that were recalled last year declined by 24%, there was a 7% increase in the number injuries and incidents related to the recalls. The advocacy group says that because of the confidentiality involving the recall process, it can be hard to figure out the reason for the decrease in recalls. For example, could there really be less dangerous products in the marketplace now or was the Consumer Product Safety Commission unable to get companies to recall certain products?

The decline in recalls, however, does come just as new requirements for testing and standards have gone into effect as part of the 2008 Consumer Product Safety Improvement Act (CPSIA). That said, any child injuries caused by any products, whether recalled or not, is never a positive development. Our products liability lawyers at the Gilbert Law Group make it our business to help children and their families obtain the personal injury or wrongful death compensation that they are owed.

Per some of KID's findings in its report, in 2011:
• The CPSC recalled 121 children's products (39% of the total products it recalled).
• There were over 11.6 million units of kids products recalled.
• Three recalls involved at least a million units or more, respectively.
• The biggest recalls involved 1.7 million baby monitors (over concerns they posed a strangulation hazard) and 1.7 million toy tools and workbenches over worries that their parts might end up stuck in a child's throat.
• 30% of the children's products recalled were nursery products.
• 26% of the children's products recalled were toys.
• Little girl's KEDS shoes with decorative stars caused the most injuries with 27 laceration reports.
• 14 sleep environment products, including a bassinet, a crib, a canopy bed, and bunk beds were recalled.
• Prior to its recalled, the Adventure Playset Swingset was named in 500 incident reports.
• A remote control chopper, a swing set, and pogo sticks received over 100 reports before their recalls were announced.

Children and babies are vulnerable to serious injuries and even death when exposed to a product that is unsafe for use. It is unfortunate that there are still kids' products out there that continue to pose the hazards of choking, laceration, suffocation, strangulation, toxic poisoning, or other dangers.

You may be able to sue the manufacturer, distributor, seller, or retailer that allowed you to have access/purchase a dangerous/defective/malfunctioning product. Even when a product is used as intended, if it proves to be dangerous and causes serious harm, you still may have grounds for a products liability case.

A Measure of Safety: Children's Product Recalls in 2011, KIDS in Danger, KIDS, March 26, 2012

Read the Report (PDF)

Consumer Product Safety Commission

More Blog Posts:
Consumer Groups Coalition Ask CPSC to Recall Bumbo Baby Seat, Product Liability Law Blog, February 7, 2012

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

Can Loud Toys Impair Children's Hearing?, Product Liability Law Blog, January 12, 2012

Continue reading "Even as Number of Children's Product Recalls Went Down in 2011, Injuries Rose" »

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" »

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

With school back in session and kids running around the playground during recess and lunch period, accidents can happen. Children who are roughhousing with one another or taking part in a pickup game of basketball or another sport might end up with scratches and bruises. There are also the kinds of injuries that can result during playground accidents. A fall from the top of the jungle gym or a sweater drawstring getting stuck on a merry-go-round can lead to catastrophic consequences.

Although these incidents sound harmless enough, they can lead to serious injuries, including traumatic brain injuries, spinal cord injuries, strangulation injuries, broken bones, and other serious injuries that can change a child's life forever. Granted, accidents do happen. However, some playground accidents might have been prevented if only the playground designer, the manufacturer of a playground ride, or the school where the playground is located took the necessary precautions to prevent such injuries to children from happening. This is where our playground accident lawyers step in.

Our playground injury attorneys represent the families of children who were seriously injured in playground accidents because of a playground-related defect. While playgrounds are designed for kids to have fun in, it is no laughing matter that, according to Safe Kids USA, about 150,000 kids younger than age 15 end up in the emergency room each year because of playground injuries involving playground equipment.

About 10 playground deaths happen a year. 75% of playground accidents take place in public facilities, such as schools and parks, as opposed to playground equipment in private backyards.

Our experienced injuries to children and minors lawyers can determine whether your child's fall accident, burn accident, trip accident, or entrapment accident occurred because a playground product was defective or the playground was improperly designed, the playground was made with improper protective surfaces, such as wood or concrete, the playground is inadequately maintained, or the school playground equipment used is age inappropriate for the children who are playing there.

Young children may be old enough to go to school but many of them are still too young to play unsupervised. Inadequate supervision can create a hazard that may result in serious injuries if, for example, a young child who is too young to do so alone climbs the extremely high ladder of a slide and falls backward.

No. 1 Cause of Injury in Elementary School: Playground Accidents, Safe Kids

Related Web Resources:
Preventing Injuries to Children on Playgrounds, Safe Kids (PDF)

EPA rethinks play padding, Chicago Tribune, June 5, 2009

According to international cancer experts, tanning beds can cause cancer. Analysis of some 20 studies have found that people who start using tanning beds before they turn 30 see a 75% increase in their chances of getting skin cancer. The new findings by the World Health Organization can be found in Lancet Oncology, a medical journal.

Whereas before scientists had spoken about tanning beds as "probable carcinogens" and that only one kind of ultraviolet radiation was considered lethal (tanning bed supporters have long maintained that the beds use a different kind of ultraviolet light than the light that comes from the sun), experts are now saying that all kinds of ultraviolet radiation are carcinogenic. This confirms that ultraviolet radiation and tanning beds definitely can cause cancer.

Most tanning beds' lights emit ultra violet radiation that can lead to eye cancer and skin cancer. Tanning beds increase the risk of a person developing melanoma by 20% and also can cause benign skin cancers. Melanoma is the most serious kind of skin cancer and can prove fatal if not treated as quickly as possible.

Doctors are now confirming that as more people under 30 use tanning beds, more young adults are being diagnosed with cancer.

This new information is disturbing, considering that in the US alone over 28 million Americans a year go to about 25,000 tanning salons and other businesses where they can get their tans while indoors. The motivation has been that using a tanning bed is safer than getting a tan while baking under the sun.

If you are suffering from cancer because you used a tanning bed, you may have grounds for filing a products liability lawsuit against the manufacturer of the tanning bed. Tanning beds can also cause other injuries, including corneal burns, retinal damage, and sunburns, as well as lead to wrinkles and premature aging.

It is the responsibility of the tanning bed manufacturer to make sure that their products do not cause personal injuries.

Beware the risks of tanning beds, Miami Herald, August 5, 2009

Study: Tanning beds definitely cause cancer, AP, July 29, 2009

Related Web Resources:
World Health Organization

The Dangers of Tanning Beds: Five Fast Facts, My Skincare Connection

Melanoma, The Skin Cancer Foundation

Lancet Oncology

Continue reading "Do Tanning Beds Cause Cancer?" »

According to an investigation conducted by a Seattle television station, there have been a number of Apple IPod players that have burst into flames, exploded, or overheated, causing property damage and injuries. The TV station, KIRO TV, managed to use the Freedom of Information Act to get the Consumer Product Safety Commission to turn over 800-pages discussing the hazards associated with Apple's IPods. The report was obtained with some resistance from Apple. The company's attorneys reportedly kept filing exemptions to keep the information from going public.

Some of the injury incidents involving IPods:

• One woman says her young daughter sustained burn marks when she picked up her IPod. Apple told her that the burn accident was an isolated one.
• Another burn injury victim, Jamie Balderas, says she sustained a burn mark on her chest because her new iPod Shuffle overheated while she was running. The Washington resident says a customer service representative also told her that the incident was an isolated one.
• One young IPod user, 14-year-old Portland, Oregon resident Haylie Mooney, says her hand became swollen after she picked up her iPod, which she received for Christmas in 2007. She says that the iPod felt so hot to the touch that she dropped it immediately. Haylie's mother, Tami Mooney, says that when she reported the injury incident to Apple, they didn't seem concerned that her daughter had gotten hurt. Tami says Apple told her that they hadn't heard of this kind of burn accident happening to any other IPod users.
• Last March, the mother of a teenage boy that sustained burn injuries to his leg because he says his 16GB iPod Touch exploded in his pants filed a products liability lawsuit alleging injuries to a minoragainst Apple. The boy, 15, sustained second-degree burns.

According to the CPSC's report, the IPods' lithium batteries may be the cause of the burn and fire accidents. Yet with more than 175 million iPods sold, the federal agency has determined that the number of injury accidents that have occurred is pretty low compared to the number of iPods that are made and sold and at this point doesn't believe a recall is warranted.

Yet even such minor incidents can result in serious burn injuries, such as when an iPod overheats, causing its user's clothes to catch fire.

Apple sued over 'exploding' iPod Touch, News.cnet.com, March 13, 2009

Apple Downplays Fiery iPod Incidents, KIROTV.com

Apple Tries to Downplay iPod Fire Incidents, OS News, July 22, 2009

Consumer Complaints about their iPods (PDF)

Related Web Resources:
CPSC

Contacting Apple

Continue reading "CPSC Report Documents Burn Injuries Caused by Apple's iPods" »

Because of air pollution and other environmental concerns, most Colorado municipalities refuse to allow wood burning fireplaces for new home construction. Thus, if you want a fireplace with your new home, it will probably be a gas flame fireplace.

In the early years of these gas fireplaces, access to the flames was protected by some sort of metal screen. More recently, these fireplaces have been enclosed by glass doors. Fireplaces with glass doors are becoming a source of serious burn injuries to infants and small children.

In a recently published study by Desiree Jimenez and Angela Montgomery of The Children's Hospital in Denver, the authors reported 82 children with moderate to severe hand burn injuries caused by fireplace glass doors. Five of these kids required skin grafting.

Typical hand burns range from a partial thickness to full thickness in depth. The treatment of hand burn injuries to children is painful and time intensive and the injuries affect a vital anatomical area. Permanent disability often results from contractures leading to a loss in the functional range of hand movement.

You'd think the dangers to children of this product would be obvious to the companies who sell fireplaces with glass doors. Think otherwise! One seller actually pitches its fireplace safety at its website, "Fireplace glass doors provide safety for you and your home. Children and pets are not able to be hurt by a fire while the fireplace doors are closed." Nothing is said about serious injuries from touching the hot glass and the doors.

Fireplace companies selling this product are also well aware of the risks to children. Testing shows that the glass doors on a fireplace can heat to 400° in six minutes and take 45 minutes to completely cool.

The commercial sellers of these fireplaces also realize that toddlers are especially vulnerable. Most of the burn victims are less than two years old and just learning to walk. They are unsure on their feet and some serious injuries result from falling against the red hot glass.

Toddlers are also curious about fire and are drawn to the doors enclosing the object of their curiosity. Their "touchy feely" instincts lead them to place their little hands on the hot glass.

Obviously, parents with small children are advised to buy homes with safer fireplaces or to replace a glass door fireplace with doors made out of tempered glass. These tempered glass doors do not store heat as efficiently and are much safer for children.

If you choose not to replace the dangerous fireplace, wait until the kids have gone to bed before turning the fireplace on. Also, put a full protective screen around the fireplace in order to prevent children from being able to reach the glass doors.

Heat contact burns, especially those from fireplace glass doors, are costly, painful and can require long term care. If your child has suffered a serious burn injury, please contact the highly experienced team of Gilbert & Ollanik for a free initial consultation.

Sources:
Jimenez & Montgomery "The Dangers of Glass Fireplace Doors From a Pediatric Perspective, The Children's Hospital Aurora, 2009