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" »

The parents of a 4-month-old girl who died after she became entrapped in her portable baby recliner is seeking $75K in Michigan products liability damages from manufacturer Baby Matters LLC. The baby, Juliette Thiel, died on July 9, 2010 from asphyxiation.

The infant was found hanging from the Nap Nanny's side while her face had gotten caught between the recliner and the crib bumper. In their Michigan wrongful death complaint, Brian and Mako Thiel accused the manufacturer of failing to make sure there were proper warning labels that came with the infant recliner cautioning against suffocation injuries.

Following Juliette's fatal accident, the Consumer Product Safety Commission recalled 30,000 Nap Nanny recliners. The federal safety agency said the recliners posed fall, entrapment, and suffocation hazards. CPSC and Baby Matters also reported that there had been least one other known incident of a an infant entrapment accident happening while the Nap Nanny was being used in crib. That baby, who fell over the recliner's side, got caught between the Nap Nanny and the crib's side and sustained a head cut. Additionally, 22 reports involving harnessed infants falling out of or hanging over the Nap Nanny's side were filed.

In their Michigan child products liability lawsuit, the Thiels are contending that not only are there two patents indicating that the Nap Nanny was made to be used in a crib, but also, product marketing materials prior to March 2010 promote that the child recliner be used this way. The CPSC has since advised that the Nap Nanny not be used inside a crib, play yard, or another confined space. Placing the Nap Nanny on an elevated surface is also not recommended because the baby might fall out.

The Thiels say that as early as March 2010, the CPSC told Baby Matters it was looking into whether the Nap Nanny had defects. At the time, the manufacturer said denied this. However, the couple says that in May 2010, the CPSC found that the Nap Nanny was defective, came with a harness that did not properly restrain infants or keep them secure, and if used in a crib placed the baby at risk of becoming entrapped and suffocating. Warning labels and directions also were found inadequate. Juliette died two months later. Her parents are seeking over $75,000 in Michigan wrongful death damages.

Manufacturers are supposed to warn of any safety risks that come with using a product. This includes making sure that a product comes with the appropriate warning labels and operating instructions. It would be even better if products did not have any design defects that made them dangerous for children and infants to use--especially while they are asleep and unsupervised.

Couple sues firm in death of infant, The Detroit News, November 19, 2011

Baby Matters Recalls Nap Nanny® Recliners Due to Entrapment, Suffocation and Fall Hazards; One Infant Death Reported, CPSC, July 26, 2010

More Blog Posts:
New Crib Safety Standards Go Into Effect Today, Product Liability Law Blog, June 28, 2011

Choking, Entrapment, Fall, and Suffocation Hazards Prompt CPSC's Latest Recalls Involving Children and Infant Products, Product Liability Law Blog, April 5, 2011

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

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" »

It's only the 5th of the month and already the U.S. Consumer Product Safety Commission has recalled more than 140,000 products that pose a child injury risk. The first recall, issued voluntarily with Infantino LLC, involves approximately 40,500 Troy the Activity Trucks. The toy is a possible choking hazard.

The recall comes following 28 reports of the plastic beads detaching from the truck's bead runs. At least two young children have gagged on the beads. The toy should be taken away from the child immediately. Infantino will provide a free replacement toy to those who ask.

In the recall issued this morning, CPSC and Arm's Reach Concepts Inc. are recalling approximately 76,000 Infant Bed-Side Sleepers. The announcement about the sleepers comes following several reports of babies falling from the raised mattress onto the bottom of the sleeper or getting entrapped between the side of the sleeper and the edge of the mattress.

The sleeper can become a fall hazard if the fabric liner isn't securely attached or not in use because that's when the child is at risk of falling from the raised mattress. Should the baby get entrapped in the side of the sleeper, he/she could suffocate. CPSC wants consumers to stop download assembly instructions from the Arms Reach Web site and make sure that the sleeper is properly configured before allowing a child to use it again.

Also, today, the CPSC and Key Baby LLC recalled about 29,000 Pampers® Natural Stages Infant Ortho and Bulb Pacifiers. These pacifiers are a choking hazard to children. No injuries have been reported so far.

Entrapment, choking, falling, and suffocation are some of the more common causes of child injuries and deaths involving consumer products. Manufacturers are supposed to make sure that their products are free from any defects that could cause serious injuries—especially to infants and young children who usually don't know how to protect themselves from such hazards.

It is important that you speak with our child injury law firm and request your free consultation. You may have grounds for a products liability case against a negligent manufacturer, seller, or distributor.

Unfortunately sometimes a dangerous or defective product isn't recalled until after someone has already gotten hurt.

Toy Truck Recalled for Choking Hazard, Chesire Patch, April 4, 2011

Arm's Reach recalls infant bedside sleepers, ABC Local, April 5, 2011

Key Baby Pampers Natural Stages Infant Ortho and Bulb Stage 1 Pacifiers, Parenting.com, April 5, 2011

Related Web Resources:
Consumer Product Safety Commission

Product Hazards, Kids in Danger

Parenting

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 U.S. Consumer Product Safety Commission and Albee Baby are recalling about 130 Sorelle brand "Prescott" fixed-sided cribs because they pose a possible hazard to children. Simplicity Inc., a manufacturer that is no longer in business, made the cribs.

This latest recall expands upon a crib recall that was announced last April involving Simplicity cribs. That recall was for both drop-side and fixed-side cribs. They too were recalled because they posed possible fall, entrapment, and suffocation hazards.

The approximately 130 cribs are re-labeled Simplicity cribs and come with the tubular metal mattress-support frames that were part of the original recall. In the event that the frames detach or bend, a space may be created that a toddler or infant can get entrapped in or fall out of the crib through.

Already there has been one Massachusetts crib death involving a one-year-old who got entrapped between the crib frame and mattress and suffocated. The CPSC says it has received at least 13 reports of incidents involving Simplicity cribs that collapsed because the metal mattress support frame became bent or detached.

Our child injury law firm wants to remind you that you can hold a crib manufacturer liable for products liability if your son or daughter sustains injuries or dies because of a crib defect or malfunction.

Baby Safety Month
The Juvenile Products Manufacturers Association sponsors Baby Safety Month in September. This year, JPMA is placing special emphasis on teaching caregivers and parents about the importance of a safe sleeping environment for a baby.

JPMA offers a number of crib safety tips, including:

• If your child is in a drop-side crib, remember to keep the drop-side raised unless you need to lower it to pick up your child or lean into the crib.


• Don't place the crib close to windows, blinds, or draperies that come with long cords.


• Make sure the crib is properly installed and that there are no missing or loose parts, such as spindles or slats.


• Make sure that if there is a space between the crib side and mattress that it is no more than the width of two fingers wide.


• Don't use a crib that has any cutout areas on its footboard or headboard.

Albee Baby Recalls C & T International/Sorelle Brand "Prescott" Cribs Due to Entrapment, Suffocation and Fall Hazards, CPSC, September 14, 2010

Crib recall expanded, News Channel 5, WPTV, September 15, 2010

Crib Safety, JPMA

Related Web Resources:
Juvenile Products Manufacturers Association

Crib safety tips, Consumer Reports

Continue reading "Sorelle Brand "Prescott" Cribs Recalled Over Fall, Suffocation, and Entrapment Concerns" »

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

The U.S. Consumer Product Safety Commission and Baby Matters LLC are recalling 30,000 Nap Nanny® portable baby recliners because they pose fall, entrapment, and suffocation hazards. One baby, 4-months-old, reportedly died while in the recliner. She was in her harness but hanging over its side and stuck between the crib bumper and the recliner, which was in the crib. Another infant, who was also in the harness, suffered a forehead cut after falling over the side of the recliner. The baby ended up caught in between the crib side and the recliner. It is not recommended to use a Nap Nanny® inside a play yard, crib, another confined space, a countertop, a table, or any other space that is elevated.

To date, there have been 22 reports of infants, most of them under the age of 5 months, either falling out or hanging over the recliner's crib while harnessed. Failure to properly attach the velcro straps inside the recliner's cover or the "D"-rings inside the foam can make the recliner an even more serious hazard that can cause injuries to children. The first generation Nap Nanny® model did not come with "D" rings.

According to Forbes.com, Nap Nanny is designed to imitate the curves of a child safety seat. The recliner is supposed to keep the baby at a slightly raised level to decrease gas, reflux, stuffiness, and other issues.

Owners of first generation Nap Nanny® models should stop using the recliner right away and call Baby Matters LLC for a coupon. Second generation Nap Nanny® model should discontinue use of the recliner until they can get new warnings and product instructions from the company Web site.

Our child injury attorneys understand the devastation of losing a child because a product manufacturer was careless in designing a defective furniture product or did not provide proper instructions or warnings for safe use.

Baby Matters Recalls Nap Nanny® Recliners Due to Entrapment, Suffocation and Fall Hazards; One Infant Death Reported, CPSC, July 26, 2010

Nap Nanny recliners recalled, Forbes.com, July 26, 2010

Related Web Resources:
Nap Nanny

Consumer Reports

Continue reading "CPSC Recalls 30,000 Baby Recliners After Death of 4-Month-Old Girl" »