Product Liability Law Blog

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" »

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" »

With summer here, our child injury lawyers want to remind parents and guardians to take the precautions necessary to make sure that children are properly supervised when swimming and pools are properly maintained and secured when no one is around to decrease the chances of accidental drownings.

While in the past, our products liability lawyer blog has focused on the dangers of in ground swimming pools and hot tubs, now, we'd like to make you aware of the drowning dangers also posed by inflatable pools. You wouldn't think a pool that above ground and no more than several inches in height as a safety hazard, but according to a new study in the American Academy of Pediatrics, portable backyard pools pose a "significant risk" for drowning to kids under age 5.

Meantime, Consumer Reports is encouraging people to stop buying inflatable pools. The publication reports that in the last decade, at least 209 kids have died in inflatable pools. 94% of these drowning victims were kids under age 5.

Some reasons why portable why backyard pools are a a drowning hazard:

• Most inflatable pools don't have layers of protection that generally accompany a regular swimming pools, such as a pool cover, a safety fence, or a locked pool door with an accompanying alarm to warn when anyone has entered the water unsupervised.


• Many inflatable pools are not drained of water after use.


• The pool's inflatable, pliable sides can make it easy for a child standing outside to slip in.

Drowning Accidents
If someone you love drowned in an inflatable pool, there may be parties who should be held liable. For instance, was the pool located on someone else's property? Was the inflatable pool adequately supervised so that no one could go in undetected? Did the pool manufacture warn that inflatable pools could cause drowning injuries and provide information about how to prevent these accidents from happening?

It takes just inches of water for someone to drown. Drowning is the second leading cause of child deaths.

Our child injury lawyers represent children and their families with drowning accident cases against negligent pool owners and products liability complaints against pool manufacturers.

Portable, inflatable pools -- a significant risk, Consumer Reports, June 20, 2011

PORTABLE POOLS CLAIM OVER 200 CHILDREN'S LIVES, American Academy of Pediatrics, June 20, 2011

Related Web Resources:
Drowning Prevention, SafeKids USA

Kids' Swimming Safety, LiveStrong

CPSC

More Blog Posts:
About 1 Million Pool and Spa Drain Covers Recalled Over Possible Entrapment and Drowning Concerns, Product Liability Law Blog, May 30, 2011

CPSC and HSC Report 172 Child Drownings and Over 180 Nonfatal Swimming Accidents in US Pools and Spas Since Memorial Day Weekend, Product Liability Law Blog, September 8, 2011

Child Drowning Accidents: Reminder to Parents and Pool Owners to Take Steps to Prevent Swimming Accidents This Summer, Product Liability Law Blog, June 27, 2010

Continue reading "Inflatable Pools Pose Significant Drowning Risk to Young Children, Says American Academy of Pediatrics" »

The Consumer Product Safety Commission has issued a warning that using a water walking ball can be dangerous and may cause injury to children and adults—although it is mainly used by kids. The water walking ball has different brand and ride names.

The see-through, inflatable plastic ball is large enough for a person to enter. After the rider climbs in, he she is locked inside. There is no emergency exit out of the ball, which can be only opened by someone outside it. Water walking balls can be found in certain carnivals, amusement parks, malls, sporting events, and other areas of high traffic. The balls are also sold for personal use.

The CPSC is warning that the walking water ball can pose a suffocation hazard especially as the airtight ball may limit the air supply inside if oxygen gets depleted and carbon monoxide starts to built. Impact injuries can also result if two balls collide with each other or the balls end up rolling off the grass or ice or out of the water and onto a concrete surface because they don't have padding.

Also, if the ball is in the water and it gets punctured, the person inside could end up drowning. Other injuries can occur if a water walking ball is hit by a boat or strikes another hard object. Water walking balls have been used in pools, rivers, and lakes.

In one Massachusetts water walking ball accident, a child became unresponsive while in the ball. Another person, a boy, sustained a fracture after the ball he was in fell out of a shallow pool and rolled onto the ground.

If you or your loved one was hurt while using a water walking ball, you should contact our products liability law firm right away. It is the responsibility of any manufacturer to ensure there product is safe for use and that it comes with instructions on how to use safely. Warnings of possible hazards should also be included.

You may have grounds for a water walking ball accident lawsuit.

Consumer Alert: CPSC Warns of Deadly Danger with Water Walking Balls, CPSC, March 31, 2011

Gov't says don't walk on water: People in big, inflatable plastic balls can drown or suffocate, The Washington Post, March 31, 2011

Related Web Resources:
Unintentional Drowning: Fact Sheet, Centers for Disease Control and Prevention

Products Liability, Nolo

More Blog Posts:
Playground Accident Death: Girl's Family Wants "X-Wave" Banned, Product Liability Law Blog, August 24, 2011

Stay Away from Dangerous Toys, Caution WATCH and PIRG, Product Liability Law Blog, November 30, 2010

Six months after her daughter almost died in an Oregon pool accident, Kimberlee Rhodes is seeking $12.5 million for the child injuries. Victoria, 6, was attending a children's summer camp when the near-drowning accident happened. Defendants include the U.S. West Coast Taekwondo Association, the Tigard-Tualatin Aquatic District, and school leaders Richard Shin and Jay Shin.

In her Oregon drowning accident lawsuit, Rhodes says she told the camp organizers that Victoria couldn't swim and that they reassured her there would be other activity options for non-swimmers. However, on August 20, 2010, her daughter ended up in the Tigard High School pool.

Police and medical workers were called after Victoria was found underwater. She wasn't breathing and didn't have a pulse.

Victoria was transported to the hospital critical condition. She was later taken to another hospital where she stayed until October.

Rhodes says that her daughter is still recovering. She blames the camp organizer for "failing to keep a proper lookout" over Victoria. She also claims that the people who were supposed to watch her daughter were inadequately trained.

Pool Drowning Accidents
For those who are lucky enough to survive a poor drowning accident, the risk of serious injury is high. Near-drowning accidents can cause brain damage, hypoxia, cardiac arrest, asystole, bradycardia, and ventricular dysrhythmias. The experience can also be incredibly traumatizing.

It is no secret that young kids and non-swimmers are among those at highest risk of drowning. It is important that they are adequately supervised when they are in the pool. There should also be emergency equipment in the pool area.

Pool owners and parties in charge of overseeing pool safety can be held liable if someone gets hurt or dies. Unfortunately, swimming pool accidents are an all too common occurrence.

Lawsuit seeks $12.5 million in damages following near-drowning at Tigard pool last year, Oregon Live, February 14, 2011

Related Web Resources:
Drowning, emedicinehealth

Water Safety, Protect Your Child from Drowning, MayoClinic

Drownings, Centers for Disease Control and Prevention

More Blog Posts:
CPSC and HSC Report 172 Child Drownings and Over 180 Nonfatal Swimming Accidents in US Pools and Spas Since Memorial Day Weekend, Product Liability Law Blog, September 8, 2010

Child Drowning Accidents: Reminder to Parents and Pool Owners to Take Steps to Prevent Swimming Accidents This Summer, Product Liability Law Blog, June 27, 2010

The Consumer Product Safety Commission and the Home Safety Council want to remind parents and guardians that just because summer is over doesn't mean that they should be less vigilant when it comes to letting their children swim in pools and spas. Swimming pool accidents continue to be a leading cause of child injuries and deaths. Since Memorial Day weekend, there have been 172 drownings and over 180 nonfatal incidents involving kids under age 15.

Even though the school year is back in swing, the hot weather will continue to persist through most of the US for at least another few months. To prevent drowning accidents from happening, owners of private pools and public pools and spas must make sure that the necessary safety precautions are in place.

Some steps that pool owners can take to prevent drowning accidents:

• Use a heavy-duty cover over the pool to keep kids out when there are no adults available to supervise


• Install a government-approved anti-entrapment safety drain cover


• Set up a fence around the pool area so that kids can't get in the water without your knowledge


• Make sure that children are properly supervised when in the pool by someone that knows how to swim

Common causes of pool drownings and injuries:

• Inadequate warning signs to accompany a public/community/hotel/resort pool


• Inadequate supervision


• Improper maintenance


• Improperly installed pool or spa equipment


• Defective swimming pool or spa equipment


• Inadequate rescue equipment


• Wet pool decks that can cause someone to slip and fall into the water


• Hazardous pool chemicals


• Drain entrapment accidents

Our child injury attorneys would like to offer you a free case evaluation to discuss your drowning accident case.

The 2010 Pool Safely Summer Snapshot CPSC and HSC Release Summer Figures on Child Drownings, CPSC, September 4, 2010

Related Web Resources:
Federal Pool and Spa Safety Act

Child Safety, How to Prevent Drowning, The Mayo Clinic

With summer here and drowning accidents continuing to be a leading cause of child deaths, pool owners must make sure that their pools are safe for use. This means ensuring that children at a pool are properly supervised, appropriate safety measures have been implemented, and emergency equipment is easily accessible.

According to recent statistics:

• About 830 children under age 15 die each year from unintentional drowning accidents.


• About 3,600 injuries to kids from near-drownings occur.


• Unfortunately for some of those that are lucky enough to surviving a drowning accident, they will have sustained a serious, permanent traumatic brain injury.


• It takes just 4-6 minutes for a person submerged underwater to suffer irreversible brain damage.


• Approximately three out of every four pool drowning deaths and three out of every five injuries caused by pool submersion occur in home pools.


• Nearly 20% of child drowning deaths take place in public pools where a trained lifeguard was at the scene.

Public and private pool owners can be held liable for injuries to a minor or wrongful death if their negligence contributed to or allowed a swimming accident to happen.

Here are some steps that pool owners can take to make pools safer for kids. Any measures taken will, of course, depend on what kind of pool it is and whether or not the pool is a private pool or a public one:

• Make sure there is trained lifeguard or an adult that knows how to swim on duty.
• Install a barrier around your pool that is at least five feet high to prevent kids from entering the pool (or hot tub) while they are unsupervised.
• Make sure that your pool is installed with the government-mandated and approved anti-entrapment grates.
• Make sure that doors leading to a pool area have latches that are located high enough so that younger kids can't reach them.
• Keep life preservers and reaching poles in the pool area in the event of an emergency.

Our child injury attorneys represent the families of children who have been hurt or killed in motor vehicle crashes, drowning accidents, playground accidents, or from defective products, including toys, nursery products, furniture, clothing, appliances, and other items because another party was negligent, careless, or reckless.

Drowning threatens kids, Southbend Tribune, June 27, 2010

Drowning Facts, DDS.Ca.Gov, June 2010

Related Web Resources:
Pool/Spa Safety and Drowning Prevention

Pool Safety for Children, American Academy of Pediatrics