Product Liability Law Blog

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

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

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

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

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

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

Read the Report (PDF)

Consumer Product Safety Commission

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

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

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

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

A 9-year-old girl has died in an Oklahoma playground accident. Now, Alyssa Avila's family wants the "X-Wave," the playground equipment she was playing on when the tragic incident happened banned.

Playground equipment accident happened last Thursday at Wyandotte elementary school. The 4th grader and several children were on the X-wave when she fell off the section of the equipment that was in the air. As Alyssa rose to get back on the X-wave, the section that was now coming down struck her head, knocking her to the ground. Medical workers that came to the school say that she was in cardiac arrest when they arrived.

Per a preliminary investigation, the X-wave was functioning properly and showed no signs of defect. The three-piece playground equipment had only been in use at the school for two days when the tragic playground accident happened. It has since been secured and the school superintendent says it will never be used again. The state Medical Examiner's Office is still conducting its investigation.

Playground Equipment Accidents
According to the Consumer Product Safety Commission, at least 150,000 emergency room visits each year involve accidents on playground equipment. A few causes of playground injuries:

• Defectively designed playground equipment
• Dangerous playground equipment
• Broken equipment
• Equipment that has cracked wood or rusted metal
• Equipment that have objects, such as bolts or hooks, sticking out of them
• Unsecured playground equipment
• Hazardous debris, such as broken glass, in a sandbox
• Poorly designed playground layout (for example, equipment that may be located too near each other that their proximity to one another causes an injury hazard)

According to a 2008 KidsHealth.Org article, the following playground equipment is considered unsafe:

• Swinging ropes


• Animal figure swings


• Glider swings


• Monkey bars


• Trampolines


• Exercise rings

Our playground equipment injury lawyers are familiar with the serious injuries that can result because of defective playground products or dangerously designed playgrounds. There may be a playground equipment manufacturer or property owner who should be held liable for your child's injuries or death.

Family of dead Wyandotte girl wants playground equipment involved in accident banned, NewsOK, August 21, 2010

Ottawa County Girl Who Died In Playground Incident Suffered Head Injury, NewsOn6, August 21, 2010

Playground Safety, KidsHealth

Related Web Resources:
National Playground Safety Institute

Injuries and Deaths Associated with Playground Equipment (PDF)

X-Wave, Xccent Play!

Continue reading "Playground Accident Death: Girl's Family Wants "X-Wave" Banned" »

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

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

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

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

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

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

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

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

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

According to EMS Magazine, some 475,000 US kids in the 14 and under age group suffer from traumatic brain injuries. While 90% of TBI kid patients are seen in emergency rooms and then released, there are still over 47,000 patients a year who end up hospitalized because of a TBI.

Fall accidents, car accidents, and incidents involving the victim getting hit by or struck against a hard object continue to be the most common causes of traumatic brain injuries in the US. 2,685 children die each year because of TBIs while more than 30,000 kids with TBIs will sustain permanent disabilities.

Our injuries to children and minors lawyers represent the families of babies, toddlers, young children, adolescents, and teenagers who were seriously injured in personal injury accidents. Many of our injuries to minors cases involve children who were injured or killed because of a defective product. Gilbert & Ollanik, PC is one of the most recognized products liability law firms in the US.

Traumatic brain injuries—whether sustained in a car crash, from a drowning accident, in a fall accident at the playground, because the child car safety seat or seatbelt restraint system was defective, during a suffocation accident that occurred because a crib was defectively designed, or from a choking accident that happened because a child swallowed a defective toy part—can drastically alter the life of the child victim and his or her family forever.

A TBI can result in impaired vision, hearing problems, speech difficulties, muscle spasticity, seizures, paralysis, memory deficiencies, communication problems, impaired writing and reading abilities, impaired judgment, mood swings, anxiety, agitation, depression, and problems relating to others.

A TBI's degree of severity will determine the problems that can result from this type of head injury. In many instances, a child with a TBI will need special services to cope with living with a traumatic brain injury, and the ongoing therapy and medical help can become very costly. There are also other damages that a TBI victim can suffer, including loss of the ability to live a normal life, loss of independence, or the inability to enjoy the normal activities that most kids without a traumatic brain injury get to experience.

If your child's TBI occurred because a product manufacturer, a premise owner, a car driver, a trucker, a motorcyclist, or another party was negligent or careless, your son or daughter may be entitled to personal injury recovery.

Severe Pediatric Traumatic Brain Injury, EMS Responder

Traumatic Brain Injury, Kidsource.com

Related Web Resources:
Traumatic Brain Injury Information Page, National Institute of Neurological Disorders and Stroke

National Center for Injury Prevention and Control

According to SafeKids USA, the number one cause of injuries to kids ages 5 to 14 is playground accidents. About 150,000 children in this age group end up in US emergency rooms each year because of accidental injuries involving playground equipment. While some of these injury accidents involve playground equipment in private backyards, 3 out of 4 playground accidents occur on school grounds and in public areas.

A few months ago, the family of a boy who sustained a traumatic brain injury when he fell off playground equipment at a Burger King in 2005 received a $20 million injuries to children settlement. Defendants of the case included Burger King, the franchisee of the restaurant, and Delta Marketing Inc. The family's playground accident lawsuit contended that the playground was made on a hard tile floor and no padding had been added to serve as a cushion during any potential fall accidents. The boy, who is now 12, continues to receive medical and nursing care for his severe TBI.

Even younger kids are prone to playground accidents. In 2006, a 15-month-old girl sustained second-degree burns on her feet when she stood on a metal plate covering a valve box in a California park's water play area. Her family is suing the city of Yorba Linda, the metal plate maker, and other parties for the girl's playground accident.

While the majority of playground accidents are not fatal—about 10 playground accident fatalities do occur a year. Also, fall accidents from playground equipment have been known to cause spinal cord injuries, traumatic brain injuries, and death.

Common causes of playground accidents:

• Poorly designed playground equipment
• Poorly constructed playgrounds
• Inadequate supervision
• Poor maintenance of playground or equipment

For more details about playground defects and other hazards that can exist on a playground, visit our Playground Injuries page for more information.

It is also important to monitor the Consumer Product Safety Commission Web site for news of playground equipment recalls. In April, SportsPlay Equipment announced the recall of a number of its playgrounds because their posts and handrails contained excessive levels of lead.

$20 million brain injury settlement names Riverside County Burger King, Justice.com, March 29, 2009

SportsPlay Equipment Recalls Playgrounds Due to Violation of Lead Paint Ban, CPSC, April 22, 2009

Family sues YC for toddler's burned feet, Appealdemocrat.com, May 14, 2009

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

Related Web Resources:
Playground Safety, Kidshealth.org

Playground Safety, National Safety Council

Continue reading "Playground Accidents Are Leading Cause of Injury to Elementary School Kids" »

According to the Centers for Disease Control and Prevention, the leading causes of accidental child injuries and deaths are motor vehicle collisions and fall accidents. From 2001 to 2006, about 8 million child deaths occurred each year due to motor vehicle crashes, bicycle collisions, or pedestrian accidents, while some 2.8 million nonfatal injuries happened as a result of fall accidents. Overall, approximately 55 million teenagers and young children were treated for accidental injuries in US emergency rooms between 2001 and 2006—that's about 9.2 million kids a year.

More CDC findings:

• About 12,175 young people (under age 20) were killed each year in the US because they sustained accidental injuries.


• Motor vehicle crashes continued to be the leading cause of fatalities for kids, ages 5 to 19.


• For young children ages 1 to 4, drowning was a leading cause of death.


• For infants, the leading cause of death was suffocation.


• The leading causes of nonfatal injuries for kids ages 1 to 4 were fall accidents and accidental poisoning.


• About 20 kids are killed every day because of accidental injuries.


• Burn injuries were also a common cause of child injuries.

While there are steps that parents can take to prevent such injuries from happening, it is also important that product manufacturers make goods that are free from defects and are safe for use.

In recent years, there have been too many recalls of too many products because of the potential injuries they could cause to young children. Toys with excessive levels of lead paint, poorly constructed cribs and bassinets that pose a fall hazard or are a suffocation threat, household products that are fire hazards, defectively designed clothing that are a strangulation danger, poorly constructed child safety seats, and dangerous nursery furniture and playground rides, are just some of the millions of toys that the Consumer Product Safety Commission and manufacturers have recalled because a child was (or could get) injured or died.

Product manufacturers must be held liable when their negligence and carelessness leads to serious products liability-related injuries and deaths.

Childhood Injury Report, CDC

Recalls, US Consumer Product Safety Commission

Related Web Resources:
World report on child injury prevention, World Health Organization

Keeping Children Safe from Dangerous Products (PDF)

Continue reading "Motor Vehicle Accidents, Suffocation Injuries, and Fall Accidents Among Leading Causes of Injuries to Children, Says CDC" »

The Consumer Product Safety Commission has announced the voluntary recalls of about 15,000 Children's Playsafe Spinning Quad Merry-Go-Rounds and approximately 11,000 Backyard Leisure Adventure Play Sets and Create N Adventure Wooden Play Sets because they pose a fall hazard to children.

Backyard Leisure says that there have been 114 reports of the play sets' hangers, which hold the gliders, breaking. Three incidents have resulted in minor injuries. In one accident, a child was struck on the head by a chain that came off a hanger. The toy manufacturer is recommending that consumers remove the gliders and stop using the play sets.

With the other recall, Pacific Cycle Inc. says there has been one report of a fall injury involving its Playsafe Spinning Quad Merry-Go-Rounds. The product manufacturer says the inner bearing on the merry-go-round can fail, which can lead to the seat assembly dropping all of a sudden. Children should stop using the merry-go-round. A retrofit kit can be requested or the merry-go-round can be returned for a full refund.

Playground Injuries
Over 200,000 children are treated in hospital emergency rooms every year because of injuries caused by defective playground equipment. Fall accidents are the most common kind of playground accident and can lead to bruises, scrapes, cuts, broken bones, head injuries, back injuries, neck injuries, and other serious injuries.

Unfortunately, there are many playground toys and equipment that are not safe for children. Some other recent recalls of playground and backyard toys over the last several years have involved defective slip and slide toys, water products, and trampolines. Poor assembly instructions, improper installation, and poor maintenance of playground equipment can also result in serious injuries.

Our product safety law firm has helped the families of children that were injured because of a defective playground or backyard product obtain products liability compensation from the toy manufacturer and/or seller. We can also determine whether other parties are liable for the injury accident.

Children's merry-go-rounds recalled, WSYR.com, June 12, 2008

11,000 wooden play sets recalled by the CPSC, ConsumerReports.org, June 11, 2008

Related Web Resources:

Playground Safety

Recalls

Continue reading "CPSC Says Recalled Children's Merry-Go-Round and Play Sets Pose Fall Hazards" »