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" »

At the Gilbert Law Group, PC, we believe that kids' safety is nonnegotiable especially when it comes to consumer products that are designed specifically for them. Over the years, our child products liability law firm has helped many families recover compensation from negligent manufacturers, distributors, and sellers that endangered the lives of children, teenagers, and babies by making, releasing, and selling consumer goods that were dangerous or defective.

Unfortunately, unsafe products continue to cause injury and deaths to children. Just this month, the Consumer Product Safety Commission has announced a number of recalls of kids' products because of the hazards that they pose.

Last week the CPSC recalled about 31,000 Tumblekins Toys that could cause laceration and choking injuries. All Tumblekins play sets and toy vehicles are included in the recall. The federal safety agency is concerned that the toys can break into small, sharp pieces that can easily cut a child or may be easy for him/her to swallow.

The distributor of these toys is International Playthings LLC. The manufacturer is Lishui Treetoys Trading Co. Ltd. There has so far been one report of a toy breaking up into small pieces. There are no reports of injuries so far.

Whenever a manufacturer or distributor acts right away to notify the government about a product defect so that an immediate recall can be made, lives may have been saved and injuries prevented. Unfortunately, not all companies may know of a safety defect until many people have already gotten hurt. Some manufacturers may even delay reporting the hazard in order to keep making money.

Earlier this month, the CPSC recalled about 28,000 Bumbleride Indie & Indie Twin Strollers over worries that the front wheel of the stroller may crack, causing the stroller to tip and the child seated to sustain fall injuries, including head injuries. So far, 36 incidents involving the front wheel cracking have been reported. Two reports noted that the stroller tripped over, causing the riders to sustain minor injuries. The CPSC, in cooperation with importer Bumbleride Inc., is asking consumers to stop using these twin strollers right away.

Also this month, the CPSC, in cooperation with manufacturer and importer Weeplay Kids LLC, recalled about 128,000 Carter's Watch the Wear Bodysuits and Sleep 'n Play Garments because the detachable snaps on the clothing's fabric could pose a potential choking hazard to young children and babies. Fortunately, no one appears to have gotten hurt by clothing defect so far, but there have been about 30 reports of the snaps coming off the garments.

Considering that young children and babies are known to be more at risk of choking--infants and toddlers, especially are prone to put things in their mouth while unaware that they may be endangering themselves should they swallow. Our products liability lawyers are here to help children and their families recover the child injury compensation that they are owed.

Tumblekins Toys Recalled by International Playthings Due to Choking and Laceration Hazards, CPSC, February 16, 2012

Recall of Bumbleride Indie & Indie Twin Strollers, ABC Local, February 3, 2012

128,000 Carter's infant bodysuits and garments recalled for choking dangers, Consumer Reports, February 3, 2012

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

U.S. PIRG, the Consumer Federation of America, Public Citizen, Kids in Danger, and Consumers Union have written a letter to the US Consumer Product Safety Commission asking it to recall the Bumbo Baby Seat. Used to prop babies in a sitting position before they can do so on their own, millions of parents have bought this infant product for their babies. However, the Bumbo Baby Seat has also been linked to many fall accident-related injuries. A number of child products liability lawsuits have been filed as a result. Baby ages 3-to-10 months were affected.

For example, one couple filed a Texas products liability lawsuit after their 9-month-old son sustained a skull fracture when he fell out of his seat. Lucy and Kevin Ferrell said that when their son arched his back, he ended up flipping sideways out of the seat, onto the table, and off it. Retail Toys R Us has even named a defendant for knowingly carrying an infant product linked to injuries.

While the CPSC is aware of the safety risks involved, they have not put out a recall since 2007 even though the number of infants injured from the Bumbo seats has continued to grow. At least 45 babies have fallen from the infant chairs when they'd been placed above ground level. Also, there are reports of at least 17 babies sustaining skull fractures since the 2007 recall. Another 50 got hurt while getting out of the Bumbo seats that had either been placed on the ground or at an undocumented height. It doesn't help that the Bumbo seats can tip over easily. Also, according to the CPSC, even when used according to the directions provided, there are babies still getting hurt because of their Bumbo seats.

The consumer groups are concerned that serious injuries are happening even when the product is used for the purpose intended and in the correct manner (on the ground, not on an elevated surface.) They also noted that while there are no testing requirements or safety standard for this kind of product, unlike Bumbo International other manufactures of similar infant products have changed their design to address the safety risks involved. Almost 4 million Bumbo baby seats have been sold in the US since the last 9 years.

Skull Fractures
A skull fracture is usually caused by a severe blow or impact. Depending on the type of fracture it is, brain injury may even result.

There is no reason why a product designed for babies shouldn't be safe for them to use. For skull fractures or other injuries to occur when the product is used as directed is inexcusable.

Feds Issue Warning on Bumbo Baby Seats as Injuries Mount, The Consumer Chronicle, November 23, 2011

Bumbo recall urged by consumer groups, Boston, February 7, 2012

Did Bumbo ignore child safety profits?, Reuters, December 14, 2011

More Blog Posts:
Registering Your Kid's Products Can Help You Find Out About Dangerous Defects, Product Liability Law Blog, December 12, 2011

New Crib Safety Standards Go Into Effect Today, Product Liability Law blog, June 28, 2011

Crib Bumpers: Are They Safe for Babies?, Product Liability Law blog, April 30, 2011

Continue reading "Consumer Groups Coalition Ask CPSC to Recall Bumbo Baby Seat" »

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 U.S. Consumer Product Safety Commission says consumers should stop using phil&teds USA "metoo" clip-on table top chairs because a child could fall or amputate his/her finger while seated in certain ones. The clip-on chairs are made by phil&teds USA Inc. The federal agency says that it knows of a number of incidents involving the chairs. If any of the children were hurt, their families may have a products liability case against the manufacturer.

The nylon fabric seat is a chair for babies and toddlers. Two metal vise clamps are used to attach the chair to a table. However, in the event that a chair was to detach from the table while a child is in it, he/she could sustain impact or head injuries. A clip-on chair can detach if the clamps become separated from the table or a child in the chair pushes against an object with his/her feet. The inadequate amount of space between the clamps and the metal bar on the chair may cause amputation, laceration, crush, or pinch injuries if a child's fingers get stuck between the clamp and the bar if the chair does detach.

Although the chairs that the warning refers are those that don't have plastic spacers between the front horizontal metal bar and the table clampsm those that do are also being evaluated. The CPSC says that it did not approve the free repair kit that the company is offering. It also says that the marketing and packaging materials that show the clip-on chair being used in ways that could cause it to detach from the chair don't warn of the dangers.

As our child injury lawyers have reported in the past, fingertip amputation is one of the more common types of hand injuries to children. This injury can lead to infection, loss of feeling or motion, and even permanent fingertip loss. The risk of head injury is also a common one for young children who are more prone to fall accidents than older kids and adults.

CPSC Alert: Consumers Urged To Stop Using phil&teds USA Clip-on Chairs Due To Serious Dangers Posed To Children, CPSC, May 6, 2011

Gov't warns kids' tabletop chairs not safe, AP, May 6, 2011

Related Web Resources:
phil&teds USA

Fingertip Injuries/Amputations, AAOS

Falls, Preventing Injury

More Blog Posts:
Recall of 1.5 Million Graco Strollers Following Fingertip Lacerations and Amputations, Product Liability Law Blog, January 20, 2010

Graco Recalls 2 Million Strollers After Four Infant Deaths, Product Liability Law Blog, October 21, 2010

Injuries to Children: Maclaren Recalls About 1 Million Strollers After Children Injured During Finger Amputations, Product Liability Law Blog, November 10, 2009

Continue reading "CPSC Warning: phil&teds USA Clip-on Chairs are Fingertip Amputation and Fall Hazards to Kids" »

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 Burlington Basket Company are recalling about 500,000 bassinets over concerns that they pose a fall hazard. The recall comes following 10 reports of incidents involving the bassinets collapsing. Two babies sustained minor injuries as a result.

A fall hazard exists when the bassinet's cross-bracing rails are not fully locked into position. This can cause the bassinets to collapse and the infant may either fall out of or within the infant bed. The CPSC is warning consumers to stop using the recalled bassinets right away. If your child was injured while in a Burlington Basket Company bassinet or because of any other defective, dangerous, or malfunctioning product, contact our child injury law firm immediately.

Recently, the hazards that furniture or other products can pose to sleeping infants and young children has once again been in the media spotlight—a sure indicator that despite the injuries and deaths that have occurred from defective cribs, strollers, bassinets, and baby monitors, some manufacturers are still not doing enough to make sure their products are safe for use.

Last week, our child products liability law firm reported on the recall of 1.7 million Summer Infant video baby monitors following two recent strangulation deaths of babies. Earlier this month, the CPSC issued a warning that "SafetyCraft" portable drop-side and full-size cribs made by Generation 2 Worldwide appear to include the same drop-side hardware found in the Generation 2 Worldwide ChildESIGNS brand drop-side cribs that were recalled a year ago following 20 drop side-linked incidents and three infant suffocation fatalities.

Should this hardware fail, the crib's drop side might detach, which can create an opening that a baby or toddler can get stuck or entrapped in and suffocation or strangulation can occur. CPSC wants consumers to stop using these cribs right way.

According to the journal Pediatrics, almost 10,000 thousand kids a year are injured in cribs, bassinets, and playpens. The CPSC has recalled over 11 million of these products since 2007. 2/3rds of the injuries occurred in fall accidents.

Nearly 10,000 Kids a year injured in cribs, bassinets, and playpens, NPR, February 17, 2011

Recall issued for about 500,000 bassinets, KHOU, February 17, 2011

WARNING: Generation 2 Worldwide "SafetyCraft" Brand Drop-Side Cribs Pose Risks of Strangulation, Suffocation, Hardware Linked to Deaths and Injuries, CPSC, February 3, 2011

Related Web Resources:
Pediatrics

Consumer Reports

Related Blog Posts:
1.7M Summer Infant Video Baby Monitors Recalled Following Two Child Deaths, Product Liability Law Blog, February 12, 2011

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

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 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" »