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" »

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

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" »

Graco Children's Products, Inc. and the US Consumer Product Safety Commission are announcing the voluntary recall of about 2 million MetroLite™ Graco Quattro Tour™ strollers and travel systems. The recall comes following reports of four infant strangulation fatalities involving the strollers. The babies died between 2003 and 2005. The CPSC says it also knows of five reports involving infants who became entrapped, causing breathing difficulties, bruises, and cuts.

With these Graco strollers, risk of strangulation or entrapment can occur—especially if the infant is under age 1—when the baby isn't harnessed. If the infant were to pass between the seat bottom and the stroller tray, his/her neck and head can get entrapped by the tray.

The strollers included in the recall were made before a January 2008 voluntary industry standard that requires larger stroller openings so that infants are not at risk of strangulation or entrapment.

Stroller Defects:
According to Consumer Watch, about 14,000 children are treated in hospital emergency rooms every year because of injuries they sustained in stroller-related accidents. 90% of these children will have sustained head injuries. 2 fatalities involving strollers occur each year.

Examples of other stroller defects:

• Hinge defects, which can result in fingertip amputations, lacerations, and pinches


• Faulty construction that can cause a stroller to collapse


• Small parts that are choking hazards


• Unstable frames that increases the chances a stroller will fall or tip over


• Unsafe safety harnesses that can result in entanglement or strangulation


• Sharp or exposed edges that can cause amputation or laceration

It was just earlier this year that Graco recalled 1.5 million strollers because they posed a fingertip amputation and laceration hazard.

Four infant deaths prompt Graco recall of 2 million strollers, Chicago Tribune, October 20, 2010

Graco Recalls Quattro™ and MetroLite™ Strollers Due to Risk of Entrapment and Strangulation, Four Infant Strangulation Deaths Reported, CPSC, October 20, 2010

Recall of 1.5 Million Graco Strollers Following Fingertip Lacerations and Amputations, Productliabilitylawblog.com, January 20, 2010

Strollers, Consumer Watch

Related Web Resources:
Graco Baby

Product Hazards, Kids in Danger

Continue reading "Graco Recalls 2 Million Strollers After Four Infant Deaths" »

Graco and the Consumer Products Safety Commission are recalling 1.5 million strollers because their canopy hinge mechanisms pose a fingertip laceration and amputation hazard. Already, five children's fingertips were amputated and two kids suffered fingertip lacerations because they put their fingers in the hinge mechanism while the stroller was being opened or closed.

The Graco strollers affected by the recall are Alano™, Passage™, and Spree™ Strollers and Travel Systems. However, only the travel systems and strollers that have a plastic, jointed hinge mechanism with indented canopy positioning notches are involved. They were available for sale at Wal-Mart, Toys "R" Us, Babies "R" Us, Target, Sears, Kmart, and other retailers between October 2004 and February 2008. You can check the CPSC's Web site to check if your model number is part of the recall. Consumers should stop using the defective stroller right away and contact Graco for a free repair kit.

It was just two months ago that the CPSC and Maclaren USA recalled about 1 million umbrella strollers after reports of 12 amputation injuries to children. Fingertip amputations and lacerations are very painful, debilitating, and traumatic. Disfigurement can result if doctors are unable to reattach a fingertip, which (depending on the location and severity of the injury), could become a permanent disability, as well as prove emotionally and psychologically damaging to the child. Maclaren CEO Bahman Kia is calling the hinge defect an "industrywide problem."

Graco is now linked to two of the largest stroller recalls in US history. The stroller maker recalled about 1.1 million strollers in 2005 because two of its models were prone to latch failure. Graco received reports of 529 stroller collapses resulting in 264 injuries to children. One child's cut required 46 stitches. Another child broke an arm. Other child injuries included pinched fingers, scrapes, scratches, cuts, and pulled muscles.

If your child suffered a fingertip injury because of a defective stroller, our child injury lawyers would like to offer you a free case evaluation. We have helped many families throughout the US recover products liability compensation from negligent manufacturers.

Graco Stroller Recall: 1.5 Million Strollers Called Back, ABC News, January 20, 2010

Graco stroller recall: Is your Graco stroller affected?, The Christian Science Monitor, January 20, 2010

Graco Recalls Strollers Due to Fingertip Amputation and Laceration Hazards, CPSC, January 20, 2010

CPSC, Graco Children's Products Inc. Announce Recall of Duo Tandem and Certain MetroLite™ Strollers, CPSC, July 7 & October 31, 2005

Related Web Resource:
Graco Baby

Fingertip Injuries/Amputations, Hospital for Special Surgery

The Consumer Product Safety Commission announced today that it is recalling approximately 213,000 play yards with bassinets because of concern that the infant product posses a suffocation risk. The recall includes Eddie Bauer Complete Care Play Yards and Safety 1st Disney Care Center™ Play Yard.

There are no reports of any related injuries to date. Hover, the metal bars that support the sleeper's floorboard can come out through the fabric sleeves. If this happens, the sleeping surface of the bassinet may become uneven. This can cause an infant to suffer from positional asphyxiation or suffocate.

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Dorel Juvenile Group will provide consumers with a free repair kit. Consumers should stop using the bassinet portion that attaches to the play yard until the fix can be made.

Just last week, the CPSC and IKEA Home Furnishings recalled approximately 600 LEOPARD Highchairs because they pose a potential fall hazard or suffocation danger. If the snap locks that secure the seat breaks, the child and the seat can fall through the highchair's frame. There is also concern that a young child might choke on detached snap locks. To date, there is one report of a baby sustaining leg bruises after falling. Another child reportedly was able to chew off one of the locks.

In the wake of ongoing recalls involving child and infant products, federal regulators have approved a new rule mandating that manufacturers keep a list of customers so that it is easier to let parents know if a product is considered dangerous or defective.

The companies that make high chairs, cribs, strollers, gates, toddler beds, bath seats, booster chairs, play yards, hook-on chairs, infant carriers, children's folding tables, bed rails, activity centers, walkers, bassinets, changing tables, cradles, bathtubs, slings, and bouncers will have to include a registration card with each product so that they can put together their consumer lists.

While quick notification will hopefully prevent more child injuries caused by defective infant products from happening, there are still children and babies who may be hurt before (and even after) a recall is issued.

Dorel Juvenile Group Voluntarily Recalls Bassinets on Select Play Yards, Offering Parents Free Bassinet Repair Kit, PR Newswire, December 30, 2009

CPSC approves final rule on registration card program for infant, toddler products, Kids Today, December 29, 2009

Recall: IKEA highchair, Chicago Tribune, December 22, 2009

Related Web Resources:
US Consumer Product Safety Commission

Nursery Product-Related Injuries and Deaths, CPSC, November 2009 (PDF)

Continue reading "213,000 Dorel Juvenile Play Yards and 600 IKEA LEOPARD Highchairs are Among Latest Children's Furniture Product Recalls by CPSC" »