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" »

A toddler is recovering after undergoing surgery to remove 37 Buckyball earth magnets that she had swallowed. The small pieces came together inside her stomach to form the shape of a large circle.

Payton Bushnell was rushed to the hospital after she fell ill. Her family thought she was suffering form the stomach flu. Instead, what happened was that the magnetic balls pulled the little girl's intestines together and tore holes in her stomach and intestine. Following the incident, Buckyballs, put out a notice reminding parents that its products are for adult use only.

While Bushnell is fortunate in that she is expected to recover, the Portland, Oregon child injury accident highlights the dangers involved with small magnets and the risk they pose to young children, who are prone to putting small objects in the mouth. The Consumer Product Safety Commission has warned that a child that swallows at least two magnets is at risk of fatal injury. Even when inside the body, magnets continue to be drawn toward each other. They can create holes in the stomach, block or twist up the intestines, or cause sepsis and/or death. Sometimes, surgeons may be forced to remove parts of the intestines in order to get all the magnets out and repair the damage.

A parent may not even realize that a child has swallowed a small magnet--especially if the boy or girl is too young to speak or explain what happened. Nausea, abdominal pain, diarrhea, and vomiting are some of the symptoms indicating that your child may have swallowed a magnet. (Even older kids have been known to accidentally ingest magnets. They might try to use the magnet as a pretend nose ring or tongue ring. They, too, place themselves at risk of similar injuries as their younger counterparts.)

Product manufacturers whose products include small magnets are supposed to make sure that they include a warning of potential injuries. If the product is for kids, then they need to make sure the magnetic parts are not small enough to swallow or cannot be easily removed.

If it becomes apparent that a product becomes an injury hazard even when designed and used as intended, then this could mean that the product is a dangerous one and unsafe for use. Our Portland, Oregon products liability lawyers represent families whose children were injured or died because of product defects. The Gilbert Law Group also has child injury lawyers who represent clients throughout the US.

It is not that difficult for a child to get a hold of the magnets, especially if one were to separate from the rest of the product and land on the ground where it would within easy reach. A parent may not even know that the part has gone missing. Last November, the CPSC reported that the danger posed by small magnets continues to be a growing problem.

Portland, Ore., 3-Year-old Ingests 37 Magnets, ABC News, March , 2012

High-Powered Magnets + Swallowing by Kids = Deadly, CPSC, November 10, 2011

Buckyballs

More Blog Posts:
Swallowing High-Powered Magnets Can Be Deadly for Kids, Warns CPSC, Product Liability Law Blog, November 6, 2011

Latest Magnetic Building Kit Recall Is A Reminder That Swallowing Magnets Can Cause Serious Injuries, Product Liability Law Blog, January 29, 2008

MEGA Brands and Battat Recall 2.4 Million China-Made Toys with Magnets, Product Liability Law Blog, March 17, 2008

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" »

Under federal law, the manufacturers of toddler and infant products that are durable are supposed to include a pre-stamped postcard with each item. This gives parents the option to register the product via mail or online, which gives the product maker the ability to provide immediate notification in the event of a recall over a dangerous defect. Considering that millions of children's products are recalled each year, this mandatory registration system would seem like a good idea except that, according to a Consumer Federation of America survey, 61% of parents with kids younger than 12 didn't even know that this new notification system existed.

The law is called the Danny Keysar Child Product Safety Notification Act and it is named after a 16-month old baby who died in his sleep in a child strangulation accident that occurred because the Playskool Trav'l Lite portable crib he was in collapsed. Although the portable crib was recalled five years before Keysar was born, no one notified the daycare center where the crib was located about the news. The crib had two collapsible rails that posed a strangulation hazard in the event that the infant sleeper to collapse while the baby was in it.

Keysar is not the only infant to die in one of these cribs. His parents filed a crib defect lawsuit against Kolcraft/Playskool-Hasbro. Their products liability complaint seeking wrongful death was settled for $3 million.

At the Gilbert Law Group, PC, our child injury lawyers are committed to helping kids and their families recover products liability compensation from manufacturers whose products caused serious personal injury or death.

It is a manufacturer's job to make sure that a product is free of harmful defects that could hurt users. Unfortunately, there are some companies that fail to fulfill this duty, which means that as parents and guardians, we must be extra vigilant in looking out for potential defects or hazards and take on the task of protecting our kids. Registering a product is one way to keep abreast of potential safety issues. You can also check the Consumer Product Safety Commission's Web site, which publishes a list of recalled products. It also is a good idea to check a product for potential safety hazards, such as easy to swallow parts, long drawstrings, sharp or protruding parts, small magnet pieces, and other dangers.

Registering new products could be a life saver, ABC Local, December 14, 2011

Are recalls reaching the right people?, Consumer Reports, January 4, 2011

Danny Keysar Child Product Safety Notification Act

More Blog Posts:
Prevent Child Injuries This Holiday Season By Avoiding Dangerous and Defective Toys, Product Liability Law Blog, November 23, 2011

Michigan Products Liability Lawsuit Seeks Wrongful Death Damages Against Nap Nanny Maker, Product Liability Law Blog, November 19, 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

Continue reading "Registering Your Kid's Products Can Help You Find Out About Dangerous Defects" »

More than two years after recalling approximately 1.6 million Little Tikes™ Workshops Sets and Trucks after an 11-month-old South Carolina boy choked on a toy nail that got stuck in his throat, the manufacturer and the Consumer Product Safety Commission are recalling another 1.7 million units--this time of Little Tikes® Workshop and Tool Sets--over the same child choking hazard posed by the plastic toy nails.

The recall comes after reports of another two child choking accidents involving nails getting lodge in kids' throats. Both incidents occurred before the 2009 recall. Fortunately, all three children were treated at hospitals and fully recovered.

Choking Hazards and Toys
Per the CPSC, in the last 18 years, more than 290 kids have died because of toy-related incidents. Over 55% of these involved choking that resulted in asphyxia. The majority of choking accidents involved toy parts, balls, and balloons.

Most of the kids were younger than age 5, which is not surprising, considering that choking is the number one cause of accidental child death for kids 10 and under. Not only is this because a young child's trachea is so narrow--about the size of a drinking straw in diameter--but also, young kids are especially prone to put small objects in their mouth without realizing how dangerous this can be for them. Over 10,000 children end up in hospital emergency rooms each year for treatment of choking-related injuries.

Examples of toy items that can pose a choking hazard:
• Marbles
• Small parts
• Tiny figures
• Button size batteries for toys
• Crayons
• Small, removeable toy parts

Toys are not the only products that can pose choking hazards. Toymakers and the manufacturers of other products know of this danger and they are supposed to make toys for infants and toddlers that minimize this risk. Unfortunately, products are still getting made that do pose a choking hazard to children. Our products liability lawyers have watched as teething products, rattles, and other items that have had to be recalled because they were small enough that they were too easy to swallow.

Unfortunately, in many instances, safety recalls aren't announced until after someone has already gotten hurt. It is always a good idea to properly supervise your child/monitor the types of toys and other products he/she is allowed to use just in case. For older kids, smaller toys and toy parts should come with the proper warnings of any risks.

Our child injury lawyers represent families whose children were injured because a product was defective or posed some type of safety hazard. You should not be afraid to hold a negligent manufacturer, seller, or distributor liable for products liability.

Little Tikes Expands Recall of Toy Workshop and Tool Sets Due to Choking Hazard, CPSC, September 28, 2011

Children And Choking Hazards, CBS News

Choking Prevention for Children

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

Number of Button Battery-Linked Deaths and Injuries Rising, Says CPSC, Product Liability Law Blog, April 23, 2011

Strangulation, Choking, and Fall Hazards Prompt Recall of Baby Walkers, Clothing, and Books, Product Liability Law Blog, April 17, 2010

Continue reading "Little Tikes Recalls Another 1.7 Million Toy Workshop and Tool Sets Over Choking Hazard" »

According to a study published in the journal Pediatrics, the cartoon SpongeBob SquarePants may cause 4-year-old to develop short-term attention and learning difficulties. The findings come from an observation of 60 children assigned at random to watch "SpongeBob," the carton "Caillou," or draw pictures for nine minutes. Kids were tested for their mental functions after this. The ones that had been assigned to watch "SpongeBob" performed the worst, scoring on average about 12 points less than the other children. The kids in the other group received nearly the same scores. Also, When tested for impulsiveness and self-control, the kids who watched "Sponge Bob" that were shown snacks were only able to wait about 2 ½ minutes before eating them while the other kids were able to wait about four minutes.

Researchers say that considering that cartoons usually run about 22 minutes, if watching SpongeBob is impairing children's attention then watching the entire show could prove "more detrimental." They did, however, say that more evidence is required to verify these concerns.

In response to the study, Nickelodeon spokesperson David Bittler noted that "SpongeBob" is geared toward kids in the 6-11 age group and not 4 year olds. The lead author of the study, University of Virginia psychology professor Angeline Lillard, however, said that kids age 4 were selected because this is the age group when the most development occurs.

Lillard, says that "SpongeBob" isn't the only program that could be cause for parental concern. She reported similar problems with children that watched other cartoons that were fast-paced. She is advising that kids not be allowed to watch these shows whenever they are supposed to learn or pay attention.

It was just four years ago that a study, also published in the Journal of Pediatrics, raised concerns that for every hour of the day that kids in the 8-16 month age group watched educational "Baby Einstein" videos, they ended up with 6-8 less words in their vocabulary than other children the same age. This finding is obviously not what parents who let their kids watch these videos want for them. Also, Center for Child Health, Behavior and Development director Dr. Dimitri Christakis at the University of Washington in Seattle has said that bombarding a child's brain, which is still developing, with too much stimulation can affect his/her ability to learn how to focus correctly.

Child Injuries and Kids' Products
Do you believe that your son or daughter suffered physical, emotional, or mental injuries because a product proved defective or dangerous? Unfortunately, there are many products still out in the market that can hurt kids even though these products are supposed to be made for children.

Our products liability law firm knows how upsetting it can be to find out that you've inadvertently exposed your child to a danger that caused them to get hurt. We help families throughout the US recover child injury compensation from negligent manufacturers, sellers, and distributors.

SpongeBob study: Do fast-paced cartoons impair kids' thinking?, Christian Science Monitor, September 12, 2011

Study: Some cartoons are bad for children's brains, CNN, September 12, 2011

Study faults 'Einstein' videos for infants, Boston.com, August 8, 2007

Related Web Resources:
Pediatrics

Sponge Bob

Baby Einstein

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

Texas Playground Accident Lawsuit Seeks Damages from McDonald's Chain Owners, Product Liability Law Blog, July 29, 2011

Crib Bumpers: Are They Safe for Babies?, Product Liability Law Blog, April 30, 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" »

The Consumer Product Safety Commission and importer Dream on Me are recalling about 22,000 drop-side cribs because of the dangers they pose to young children. The portable and full-size cribs reportedly may have defects that could cause suffocation, entrapment, laceration, and fall injuries.

The CPSC and Dream on Me know of 69 reports of incidents caused by crib defects or a crib malfunctioning. One infant, 8-months, sustained a minor injury from the exposed plastic hardware inside one of the portable cribs. Another child, age 1, sustained a scratch to his nose when he got stuck between another portable crib's side rail and mattress support.

The full-size cribs are made with hardware that could fail or break, which could cause its drop side to detach. If this happens, a child might fall out of the crib or get caught between the mattress and the drop side rail, resulting in an entrapment accident that could lead to suffocation, traumatic brain injury, or death. Meantime, the portable crib's drop side rail might also detach because its hardware, as well as the material that makes up the the drop side's release latch, and crib mattress support are not durable enough to prevent easy breakage. Also, in the event that the crib slats were to detach, break, or become loose, a child could sustain a cut injury from the exposed hardware.

The full-size Dream on Me cribs that are being recalled were made between January 2006 and December 2009. The portable cribs were manufactured between August 2007 and February 2009.

Our child injury lawyers are fierce advocates for families whose children have gotten hurt because of a crib defect. Over the years, we've watched as manufacturers have recalled millions of cribs because of the hazards they pose to kids. It is unacceptable a crib to be dangerous for use. Fortunately, the US government's ban on drop-side cribs, which goes into effect next month, will prevent many more hazardous cribs from being made. That said, there are many drop-side cribs that are still in use.

Dream on Me Recalls Drop-Side Cribs Due to Entrapment, Suffocation, Laceration, and Fall Hazards, CPSC, May 24, 2011

Product recall: some 22,000 Dream on Me drop-side cribs recalled, The Washington Post, May 24, 2011

CPSC's ban on drop-side cribs takes effect in June, USA Today, June 16, 2010

Related Web Resources:
Dream on Me

What Are The Safety Issues With Drop-Side Cribs?

More Blog Posts:
CPSC Bans Drop-Side Cribs and Approves New Crib Safety Standards, Product Liability Law Blog, December 18, 2010

Colorado Infant Death Prompts CPSC to Re-Announce Recall of Delta Enterprise Drop-Side Crib Over Safety Peg Defect, Product Liability Law Blog, March 27, 2011

Toddler's Parents File Massachusetts Crib Defect Lawsuit Seeking Wrongful Death Damages, Product Liability Law Blog, January 14, 2011

Continue reading "22,000 Dream on Me Drop-Side Cribs Recalled Because They Pose Laceration, Entrapment, Suffocation, and Fall Hazards" »

Should you equip your child's crib with a bumper? According to USA Today, one mother, Laura Maxwell, intends to file a products liability lawsuit against a crib bumper manufacturer after Preston, her 7-week-old baby, died from asphyxiation when his face got caught between the mattress and crib bumper. Her son ended up against the bumper after rolling off a "sleep positioner," an accessory that is supposed to keep babies on their backs but has been linked to fatal suffocations. Maxwell and her husband also plan to sue the sleep positioner manufacturer for wrongful death.

While the Consumer Product Safety Commission and the American Academy of Pediatrics are urging parents to not use "puffy" bumpers, both groups have yet to say "don't" use them. Some consumer and child safety groups, however, believe that the CPSC should take a tougher stance. They say that crib bumpers—the puffier ones, in particular—pose a child suffocation hazard.

Yet the information available at this time as to whether or not crib bumpers are truly a safety hazard appears to be conflicting and unclear. The CPSC says that in the 28 infant deaths that it investigated where bumpers were present it couldn't say for sure that the bumper caused the deaths. However, a 2007 report in the Journal of Pediatrics found that 27 babies had died because of crib bumpers. Still others have said that the crib bumpers may prevent head injuries and leg fractures.

This latest debate, as well as the recent recalls involving drop-side cribs and other infant products, can't help but raise questions regarding whether or not manufacturers are doing enough to make sure that the products they are making for babies and toddlers are safe enough. Why are so many baby accessories and furniture turning out to be possible choking or suffocation hazards?

When a Cuddly Crib Puts the Baby in Danger, The Wall Street Journal, April 19, 2011

Crib bumpers present risk and little likely benefit, safety advocates say, USA Today, April 26, 2011

Related Web Resources:
Consumer Product Safety Commission

American Academy of Pediatrics

Juvenile Product Manufacturers Association

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

CPSC Bans Drop-Side Cribs and Approves New Crib Safety Standards, Product Liability Law Blog, December 18, 2010

CPSC Warns About Infant Sleep Positioners and Baby Monitor Cords Following Several Deaths, Product Liability Law Blog, November 11, 2010

Continue reading "Crib Bumpers: Are They Safe for Babies?" »

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 National Highway Traffic Safety Administration has unveiled new child restraint guidelines that are categorized by age instead of the type of child seat. NHTSA wants children to use the restraint type recommended for each age for as long as possible before moving on to the next recommended child safety seat. Hopefully, these new guidelines will decrease the number of child injuries during car crashes.

NHTSA's car seat recommendations:
Up to 12 months: A rear-facing car seat.

1 to 3 years: A rear-facing car seat for as long as possible is recommended. NHTSA says to keep the child in this seat until he/she hits the weight or height limit allowed by the car seat manufacturer.

4 to 7 years: A forward-facing seat with a harness is best until he/she hits the weight or height limit.

8 to 12 years: A booster seat. The child should use a booster seat until he/she is big enough to use just a seat belt. Remember, the seat belt's lap belt should be able to snuggly go across the upper thighs (not the stomach) and it should also be snug over the chest and shoulder (not the face or neck). Previously, booster seats were recommended until only age 8.

Meantime, the American Academy of Pediatrics, which published a new policy in Pediatrics' April 2011 issue, advices that toddler should be kept in rear-facing car seats until they either turn 2 or grow bigger than the weight or height limit for the car seat. This is a revision of its previous age 1 recommendation for when to face the child safety seat forward.

According to a 2007 study in the journal Injury Prevention, children younger than 2 are 75% less likely to die if they are seated in a rear-facing child safety seat. On CNN.com, pediatric emergency doctor Dennis Durbin is quoted as saying that one reason that rear-facing child safety seats are safer is that they are better at supporting the spine, neck, and head during a car crash.

Our child injury lawyers represent families of kids hurt in car crashes because a child car seat was defective or failed in some way. Manufacturers must make sure that their products not only adhere to standards set by the government but also, they must be safe for use. Otherwise, injury or death can be grounds for a products liability case.

New Age-Focused Guidelines Help Parents Make More Informed Choices, NHTSA, March 21, 2011

AAP: Toddlers in rear-facing seat until 2, CNN, March 21, 2011

Child Safety-Seat Recommendations, Revamped, ABC News, March 21, 2011

Related Web Resources:
Car Seat Recommendations for Children, NHTSA (PDF)

Pediatrics

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