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" »

Each year, World Against Toys Causing Harm, Inc. puts out its "10 Worst Toys" list as a warning to consumers for products to avoid when shopping for the holiday season. Toys that made this year's list that pose specific child injury hazards include the:

• Twist 'n Sort
• Fold and Go Trampoline
• Power Rangers Samurai Mega Blade
• Pulling Animal Duck
• Z-Curve Bow
• Sword Fighting Jack Sparrow
• "Gigan" Godzilla Figure
• Stepper "Low Rise" Stilts
• The Incredible Shrinky Dinks Maker
• School Bus by Schylling

The dangers involved vary, but include choking hazards, the risk of impact injuries, strangulation risks, electrical shock and burn dangers, and the risk of puncture wounds. Our toy defect lawyers want to remind you that when choosing what toys to buy, consider the age of the child that you are buying for and whether the product is appropriate for their abilities and safe for them to use.

Unfortunately, every year, there are children that end up sustaining serious injuries because they were playing with a dangerous or defective toy. Manufacturers, sellers, and distributors can be held liable for products liability in these instances. There is absolutely no reason why an unsafe toy should be made available in the marketplace.

In addition to its 10 worst list, WATCH wants shoppers to watch out for toys that:
• Don't come with warnings, operating instructions, or age recommendations
• Have hair, fur, and other parts that can be ingested
• Include small pieces that can be easily swallowed (removable attachments, such as bells and beads fall under this category)
• Have pieces that shoot out, potentially posing a safety risk to the eyes
• Have pointed tips or sharp edges that can cut or pierce the skin
• Come with lengthy strings that may pose a strangulation hazard
• Are made with flammable materials
• Pose electrocution hazard
• Include toxic substances, such as lead or phthalates

The Pennsylvania Public Interest Research Group, which releases its annual Trouble in Toyland report each year, says that the Consumer Product Safety Commission, which is responsible for recalling any unsafe or defective toys, doesn't test all toys and not all of those that end up on store shelves meet the safety agency's standards. If you believe there is a dangerous toy out there or your child was injured because of a toy, you should report it to the CPSC, as well as contact our child products liability law firm immediately.

While tougher federal rules and new toy safeguards should mean there are less dangerous toys being sold now than ever before, one unsafe toy in the marketplace is one hazard too many. The CPSC says that last year, there were 17 child deaths involving toys--up from the 15 fatalities in 2009. Almost 50% of these deaths involved choking accidents. Also in 2010, 181,500 kids in the under 15 age group ended up in ERs because of injuries from toys.

2011 Dangerous Toy List, WATCH

Trouble in Toyland, PIRG

Consumer Product Safety Commission

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

Little Tikes Recalls Another 1.7 Million Toy Workshop and Tool Sets Over Choking Hazard, Product Liability Law Blog, October 6, 2011

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

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

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

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

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

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

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

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

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

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

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

22,000 Dream on Me Drop-Side Cribs Recalled Because They Pose Laceration, Entrapment, Suffocation, and Fall Hazards, Product Liability Law Blog, May 24, 2011

According to the Insurance Institute for Highway Safety, half of the booster seats that are available for kids to use are not a guaranteed, proper fit with all seat belts. The IIHS expressed its concerns as it unveiled its list of this year's best-fitting car booster seats. Click on the link below for a list of the booster seats that the IIHS tested and find out how they fared.

Although there are now more choices available for purchase--the IIHS listed 31 booster seats on its Best Bets list and 5 on its Good BETS list--it named six booster seats that it wants parents to completely stay away from. These included four Evenflo products--Chase, Express, Sightseer, Generations 65--and two Safety 1st products-- the Alpha Omega Elite and the All-in-One. The IIHS tested 83 booster seats in total. If your child was injured in a car accident and you believe that the booster seat malfunctioned or was designed poorly, please contact our child car seat law firm to request your free case evaluation.

Booster seats are designed for kids that are no longer small enough to use a forward-facing car seat. They are supposed to elevate a child seated in the car just enough so that a that regular safety belt can fit securely around the body. It is important that the booster seat helps position a child so that the shoulder and lap belts fall properly and securely around him/her so that this minimizes the chances of serious injuries during a collision. According to statistics, kids age4-8 are 45% less likely to get hurt in a collision if they are using a booster seat with a seat belt.

IIHS says it can be difficult for a parent to know which booster seat is safer just by comparing features and prices. It also expressed dismay that there are still more seats that require parents to check their fit to make sure that they work with a safety belt. 41 booster seats received CHECK FIT ratings.

Our products liability lawyers cannot stress the importance of making sure that your booster seat works properly with a seat belt. Otherwise, during an auto collision your child could end up being thrown against the front seat or out of the vehicle, striking his/her head on the roof of the car during a rollover accident (potentially suffering a traumatic brain injury or a spinal cord injury), or suffering a seat belt-related injury (potentially experiencing organ damage.)

Right now, the National Highway Traffic Safety doesn't assess how booster seats do in terms of how well they fit with all seat belts. While manufacturers have been urged to improve belt fit, they are not required to do this.

Booster evaluations for 2011, Insurance Institute for Highway Safety

Car-safety group: Half of child booster seats pose risks, USA Today, October 13, 2011

Related Web Resources:
Booster Seat Safety, Baby Center

Child Seats, National Highway Traffic Safety Administration

Child Restraint Laws

More Blog Posts:
NHTSA Announces New Child Seat Guidelines, Product Liability Law Blog, March 21, 2011

Child Passenger Safety Week: Protecting Your Child with the Proper Child Safety Seat, Product Liability Law Blog, September 22, 2010

IIHS's New Booster Seat Ratings Offers 9 Best Bets; Doesn't Recommend 11 Child Safety Seats Because of Poor Fit with Seat Belts, Product Liability Law Blog, January 6, 2010

Continue reading "Half of Child Booster Seats Are Not A Safe Enough Fit with All Seat Belts, Reports IIHS" »

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" »

Martha Stewart Living Omnimedia and Kmart have settled three products liability lawsuits over patio furniture that the plaintiffs said either injured or amputated their fingers. The terms of the defective furniture settlements are confidential.

However, all three complaints claimed that the legs of the lounge chairs act like "a guillotine" for hands and fingers that may get stuck between the chair and its legs. They contend that the legs are defective and are prone to snapping forward. The plaintiffs include a 67-year-old woman, who lost two fingers, a 22-year-old college student, whose right ring finger was amputated, and a girl, then age 4, whose left pinky fingertip was snipped off.

Just last week, phil&teds USA Inc. and the Consumer Product Safety Commission recalled 54,000 "metoo" Clip-on Chairs over concerns that these child seats pose a fall and an amputation hazard. Of the numerous reports of injuries, two of them involved the amputation, laceration, pinching, or crushing of kids' fingers. The risk of serious head injuries during fall accidents was also a concern. It was just this May that the CPSC issued an alert warning consumers to stop using the chairs because they were dangerous.

Last month, approximately 20,000 Task Force 5-ton electric log splitters were recalled by the the CPSC and Changzhou Globe Tool Group Co. Ltd. because the product poses amputation and laceration risks to consumers that place hands on the splitter's handle while its in operation. At least two people have suffered finger injuries, including an 18-year-old whose fingertip was amputated.

Of course, who could forget the recall of about 1 million Maclaren double and single umbrella strollers following reports of of a number of kids sustaining amputation injuries in 2009. For a product made for children to be unsafe enough that the boy/girl risks finger amputation is unacceptable. In early 2010, Graco also recalled 1.5 million strollers following fingertip amputations and lacerations to kids.

Fingertip Amputation
Fingertip amputations are incredibly painful and they can cause disfigurement and disability. Hopefully, the fingertip can be reattached or repaired, but this can also be a very painful procedure. A person who uses his/hands hands for employment purposes may not be able to work for a while, which can lead to additional financial losses.

You want to work with experienced products liability lawyers that know how to help the victims of defective or dangerous products obtain damages from the manufacturer, seller, and/or distributor responsible for a faulty product that caused personal injury or wrongful death. There is no acceptable reason for why you or your child should get hurt because of a defective product. Even if the manufacturer wasn't negligent, you may still be able to recover damages for injuries or a death caused by a product.

3 Settle Injury Lawsuits Over Martha Stewart Chair, Insurance Journal, August 15, 2011

Consumer Product Safety Commission

More Blog Posts:
Recall of 1.5 Million Graco Strollers Following Fingertip Lacerations and Amputations, Product Liability Law Blog, January 20, 2011

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

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