Product Liability Law Blog

Excessive levels of lead and choking/swallowing hazards associated with small toy parts and magnetic pieces were the reasons cited for the toy recalls in April. The Consumer Product Safety Commission and several toy manufacturers announced the recall of more than 500,000 toys this month, beginning April 3 with StyleMark Inc.'s recall of 144,000 Children’s ‘Main Street Drag’ Sunglasses because of too much lead in the glasses' orange lettering.

Violations of federal lead paint standards was also the reason cited for OKK Trading's recall of 2,000 Interchange Robot Toys,the FUNTASTIC recall of 26,000 Hillbilly Teeth, and Santa’s Toy Corp.’s recall of approximately 9,000 Western Rider Push Toys. Yesterday, Nintendo recalled 71,000 character-themed lapel pins because they contained high levels of lead.

The toys with small parts that are potential choking hazards included 16,400 Imaginarium Multi-Sided Activity Centers and Jungle Activity Centers (sold only in the US at Toys “R” Us stores), 17,000 Dalmatian Press’s Little Builder Children’s Board Book Sets with Toys, and about 300,000 Cuddly Cousins Plush Insect Toys from Dollar Tree Stores Inc.

Henry Gordy International Inc recalled approximately 87,000 Fun ‘N Games Magnetic Dart Boards over worries that kids might swallow the detachable small magnets at the ends of the darts.

All of these toys were made in China.

Last year's massive wave of toy recalls continue to make defective toys a huge issue of concern for parents, as well as federal and state regulators. In March, the U.S. Senate passed legislation for tougher inspections of toys and other kids’ products that are manufactured abroad. The House of Representatives also passed its own version of the legislation in December. While the Bush Administration has expressed some concerns, President Bush has not threatened a veto.

Our toy products liability law firm represents the families of children that have been seriously injured or killed because of a defective or dangerous toy. Our defective products lawyers represent injury clients throughout the United States.

Senate passes foreign-made toy safety bill, MSNBC.com, March 6, 2008

Related Web Resources:

2008 Product Recall Guide, Parents.com

Recalls, Recalls.gov

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This week, Washington State Governor Christine Gregoire signed into law the Children’s Safe Products Act, which imposes the toughest restrictions yet for lead standards for toys among the U.S. states. The law decreases the legally allowed limit for lead in toys from 90 parts per million to 40 parts per million, which is the limit that the American Academy of Pediatrics recommends. The law goes into effect beginning July 1, 2009.

The current federal limit is 600 parts per million, and many state lawmakers have expressed dismay that the federal government isn’t acting faster to change its lead safety standards.

The lead-related recalls continue. In March, toy recalls involving high levels of lead paint included:

• 130 ring toss games by Educational Insights
• 13,000 Hobby Lobby Stores Camouflage Eggs and Spinning Egg Top Toys
• 5,000 S.U. Wholesale X Force Commander Toy Airplanes and Super Famous Toy Cars and Motorcycles

On March 17, representatives for giant toy manufacturers Mattel and Hasbro met with Governor Gregoire and asked her to reconsider signing the bill into law. Mattel says that half of its Fisher-Price toy line will have to be barred from the state of Washington because the level of lead in its toys exceeds the state’s new limit. A few smaller manufacturers, such as Toysmith and Kaethe Kruse Puppen GmbH, say they will stop shipping toys to Washington altogether.

Michigan and Illinois have also approved new lead safety standard laws, while Maryland, Wisconsin, Connecticut, Minnesota, Massachusetts, Maine, and Vermont are among several other states that are reevaluating their safety regulations so they can regulate mercury, lead, phthalates, and other toxins, such as Arsenic, Selenium, and Barium, in toys. California will begin its ban on phthalates next year.

The Minnesota Safety Council says that there were 202,300 toy-related injuries in 2005. One child getting hurt or killed by a toy is one child too many.

Our products liability law firm represents clients throughout the United States whose children were seriously injured or killed because of a defective toy or another dangerous product.

One of our consumer products safety lawyers would be happy to discuss your case with you.

Washington: Restrictions on Chemicals in Toys, New York Times, April 2, 2008

States Alter Rules of Game On Safety for Toy Makers, The Wall Street Journal, March 25, 2008

Recalled Toys and Children's Products, US PIRG

Toy Injury, Minnesota Safety Council

Related Web Resource:

The Children's Safe Product Act of 2008, Washington Toxic Coalition

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Abigail Taylor, the six-year-old girl who was seriously injured last year when here intestines were partially sucked out by a swimming pool drain in Minnesota, has died.

The catastrophic accident took place on June 29 while Abigail was sitting in a wading pool at the Minneapolis Golf Club. Abigail had to undergo liver, small bowel, and pancreas transplants following the incident.

Abigail's parents have fought for tougher laws that would prevent similar accidents from happening. In December, Congress approved The Virginia Graeme Baker Pool and Spa Safety Act, which prohibits the manufacture, distribution, or sale of drain covers that fail to meet anti-entrapment safety laws.

The bill is named after former Secretary of State James Baker’s granddaughter, who drowned in 2002 when she became trapped in a drain and couldn’t be pulled out because the suction was too strong.

Last November, Abigail’s parents filed a personal injury lawsuit against the Minneapolis Golf Club and Sta-Rite, the company that made the pool’s pump and drain. The couple is accusing the manufacturer of knowing that its products could cause evisceration but did not do anything to remove this danger.

In 2005, a U.S. Consumer Product Safety Commission report stated that since 1990, at least 130 people have gotten stuck in the suctions of pool and spa drains, resulting in numerous fatalities and many more injury cases. Other reports indicate that from 1985 to 2004 at least 33 children 14 years of age and under have died because of spa/pool entrapment, with almost 100 other kids sustaining serious injuries.

A person can become entrapped in a pool or spa drain when his or her hair, swimsuit, or another body part gets caught. Sometimes, the suction can be so strong that it becomes impossible to pull the trapped person out of the water.

Had she lived through adulthood, Abigail 's family says that her medical and special living costs would have cost about $30 million.

Our consumer products safety law firm represents clients in serious injury cases that were caused by a defective or dangerous product. Our products liability lawyers work with clients nationwide, and we handle defective products cases involving serious personal injury and wrongful deaths.

Girl Whose Intestines Were Partially Sucked Out by Swimming Pool Drain Dies, AP, March 21, 2008

Family of Girl Maimed by Pool Drain Sues, ABC News, November 16, 2007

Baker family motivated by the death of 7-year-old Virginia Graeme Baker, USA SafeKids.org, May 2, 2006

Related Web Resources:

Guidelines for Entrapment Hazards: Making Pools and Spas Safer, US Consumer Product Safety Commission, March 2005 (PDF)

The Virginia Graeme Baker Pool and Spa Safety Act (PDF)

Sta-RIte

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In the latest major toy recall, Mega Brands and the U.S. Consumer Product Safety Commission recalled about 2.4 million toys with small magnets because of concerns that the magnet could fall off and seriously injure children if they swallowed or inhaled the small pieces.

Included in the voluntary MEGA Brands recall are 1.3 million MagnaMan Magnetic Toy Figures because the toys have small magnets that can come off. The magnets attach the body parts of each figure together.

While no injuries have been reported so far, the toymaker and the CPSC have reported 25 incidents of the magnet pieces falling off. Toy model numbers affected by the recall are available on the CPSC Web site.

MEGA Brands is also recalling 1.1 million Magtastik and Magnetix Jr. Pre-school Magnetic Toys. There have so far been 19 reported incidents of small magnet pieces falling off the toys.

One 18-month child reportedly put a magnet in his mouth but did not swallow it. A 3-year-old boy needed medical care to remove the magnet that got stuck in his nose.

This is not the first recall for MEGA Brands. In March 2006, MEGA Brands recalled 3.8 million magnetic building sets after four children were seriously injured and another child died because all of them had swallowed small magnet pieces.

In its second magnet toy-related recall since January, Battat Inc. recalled approximately 7,000 more toys with magnets. There have been 16 reports of magnets falling off the building pieces of Battat Magnabild Magnetic Building Toys or Sets.

Magnets can be very dangerous if swallowed or ingested—especially if more than one magnet enters the human body. Intestinal perforations or blocks can occur when two or more magnets come together and can result in serious injuries or deaths.

Our products liability lawyers handle many toy injury cases for children and their families. We are committed to helping you obtain compensation for the harm and trauma that your son or daughter has suffered at the hands of a dangerous or defective toy.

2.4M toys recalled because tiny magnets can fall out, USA Today, March 15, 2008

Battat Recalls Additional Magnetic Construction Sets; Ingested Magnets Pose Aspiration and Intestinal Hazards, CPSC.gov, March 13, 2008

Related Web Resources:

Swallowed Magnets Attract Trouble in Boy's Intestines, ABC News, February 5, 2008

Toy Magnets Attract Sales, and Suits, New York Times, July 15, 2008

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The U.S. Consumer Product Safety Commission is reporting an increase in nursery-related injuries and deaths affecting kids younger than 5. According to the CPSC’s annual report, there were 66,400 injuries involving nursery products that required emergency room attention in 2006. In 2005, there were 59,800 injuries.

High on the list of products involving serious injury accidents were play yard and cribs. 12,400 injuries and 43 deaths involving these products occur annually.

In 2007, 1.7 million play yards and cribs were recalled following reports of three deaths and a number of entrapment incidents. Graco and Simplicity products made up approximately 1 million of the products recalled.

Just last week, the CPSC and Munire Furniture Inc. recalled 24,000 cribs, including Majestic Curved Top and Flat Top Cribs, Essex Cribs, Brighton/Sussex Cribs and Captiva Cribs, because they did not meet federal safety standards. The failure of the four support brackets on the mattress to prevent the spring from going down to its minimum height can allow children to fall over the railing. The cribs were manufactured in Indonesia.

Suffocation, and entrapment caused by defective parts and too much bedding are among the leading causes of crib injures and deaths. Gas poisoning because of substances found in the mattresses can also lead to crib deaths. Fall injuries are also a common concern.

In its report, the CPSC’ nursery products-related injury list also included the following products:

• Infant Carriers
• Car Seats
• Mattresses
• Changing Tables
• High Chairs
• Strollers
• Carriages
• Baby Walkers
• Exercisers
• Jumpers
• Baby Gates and Barriers
• Baby Bouncer Seats
• Portable Swings
• Baby Baths
• Bathinettes
• Bath Seats
• Cradles
• Bassinets

Our products liability attorneys represent families throughout the United States whose children have been injured or killed by a defective toy or nursery products. We would be happy to discuss your case during a free consultation.

CPSC report on nursery-related deaths highlights crib and play yard dangers, ConsumerReports.org, February 28, 2008

Nursery Product-Related Injuries and Deaths Among Children Under Age Five, CPSC.gov (PDF)

Related Web Resources:

Recalls

Munire Furniture

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Posted In: Infant Products , Injuries to Children & Minors , Nursery Products

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The Toy Industry Association recently announced a new "testing and safety verification system" intended to restore the confidence of U.S. consumers in the safety of the toys that they buy. The new system follows in the wake of last year's mass recalls of some 25 million toys due to hazard and health concerns.

The three key features of this "testing and safety verification system" asks that toy manufacturers:

- Pay more attention to safety when designing toys.
- Make sure that safety concerns are addressed when manufacturing toys.
- Conduct more tests before and after a toy enters the marketplace.

It is important to note, however, that these standards are voluntary, not mandatory. And even new legislation being considered by U.S. lawmakers have their limits.

A bill passed in the House of Representatives last December still fails to make certain tests mandatory, including tests to check for lead content, magnet pieces, or small choking hazard pieces in toys.

The two largest recalls last year involved 4.2 million Aqua Dots beading sets with a coma-inducing chemical that can be swallowed and 7.3 million Polly Pocket dolls with small magnet parts.

It is important to note that the U.S. government and the Consumer Product Safety Commission cannot regulate manufacturers outside the U.S.—over 80% of toys purchased here are made in China. Most of the 25 million toys recalled last year were made in China.

And the recalls keep coming. On Friday, Family Dollar recalled 250,000 Magnetic Dart Boards, because the small magnets at the ends of the darts can come off and are easily swallowed by children.

On February 19, Dumar International USA recalled 64,000 Cinderella 12-Volt Electric Ride-On Vehicles because a short circuit in the battery compartment proved to be a possible fire hazard. Both toys were made in China.

Our consumer product safety law firm would like to talk to you if your child was injured or killed because of a dangerous or hazardous toy. Our products liability attorneys have helped many injured parties and their families recover compensation from liable manufacturers.

Toy safety regulations need steep penalties, Los Angeles Times, February 24, 2008

Recalls,

Related Web Resources:

Toy Industry Association

Toy Safety, U.S.PIRG

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Baby product manufacturer Evenflo Company Inc. is voluntarily recalling 1 million Discovery Infant Car seats. The recall comes after Evenflo and the National Highway Traffic Safety Administration (NHTSA) tested the child safety seats. They discovered that during high impact side collisions, the car seat can come off or break apart,which could cause serious injuries or death if either were to occur in real life.

So far, there are no reported injuries related to this recall. Evenflo says it will provide a dual-hook fastener to registered owners so the child car seat will stay intact in the event of a similar collision. The Discovery Infant Car seats that are part of the recall were manufactured between April 2005 and January 2008. They include models 552, 534, 391, and 390.

Evenflo has voluntarily recalled other infant car seats before. Last year, the baby product manufacturer recalled over 450,000 Embrace Infant car seats following 679 reported incidents that involved seat handles on car seats releasing suddenly without warning. 160 injuries were reported, including two concussions and a skull fracture.

Last week, the NHTSA announced it will set up a new child seat rating system for parents shopping for child car seats. The new system will include an assessment for “ease of use,” in terms of how easy the seat is to install and use, the clarity of instruction manuals, and product labeling.

When used properly, the NHTSA says that child car safety seat systems reduce fatal injuries for toddlers and infants by more than 50% in cars and by nearly 60% in SUVs.

When child car safety seats are defective, however, those safety numbers can go down. In the last 7 years, millions of child car seats have been recalled because of defects, including:

• Defective seat handles
• Defective shoulder straps
• Weakly constructed car seats
• Flammable product pieces
• Defective harnesses
• Defective seatbelt slots

Our products liability law firm represents the families of children who have been injured or killed while using a defective product. Our product safety lawyers have successfully handled many injury cases involving auto accidents, defective motor vehicle-related products, and injuries to minors.

One million Evenflo car seats recalled, CNN.com, February 1, 2008

Read the NHTSA Recall, Office of Defects Investigation, January 31, 2008

New child seat ratings system announced, Sun-Sentinel.com, January 30, 2008

Fall Hazard Prompts NHTSA, CPSC and Evenflo to Announce Recall of Embrace™ Infant Car Seat/Carriers, CPSC.gov, May 10, 2007

Related Web Resources:

Evenflo

List of Recalls and Replacement Parts for Child Restraints, Carseats.org, February 1, 2008 (PDF)

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Posted In: Infant Products , Injuries to Children & Minors , Kids in Cars

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Battat Inc. is recalling 125,000 of its Battat Magnabild Magnetic Building Systems following 16 reported incidents of small magnets falling out of some of the building pieces. Consumers are being asked to take the building kits away from children immediately.

No injuries have been reported in connection to this recall so far, but the danger that small magnets can pose to children who accidentally swallow more than one magnet can be fatal. In the last two years, the U.S. Consumer Product Safety Commission has issued several recalls of over eight million products--many of them toys--due to magnet-related concerns. The problem with making small magnetic pieces available to children is that swallowing more than one magnet can cause serious intestinal and stomach injuries.

Asphyxiation can result. Two magnets drawn to each other in a person’s intestinal walls can lead to blood poisoning and blocks or holes in the intestine. In the event that a child ends up swallowing several magnets, surgery may have to be performed to extricate the magnets. Parts of the intestine may also have to be removed. The injuries caused by swallowing magnetic objects can sometimes be fatal.

Young children and toddlers are especially at risk of magnet-related injuries because they have a tendency to put small objects in their mouths. One boy, a 20-month-old toddler, died from his injuries. There are 33 other reported cases of injuries involving children swallowing magnet. The youngest injury victim was 10-months-old, while the oldest victim was 11.

If your son or daughter was seriously injured because of a toy that is defective or lacked the proper safety measures to ensure that it is safe for kids, you should speak with one of our products liability lawyers right away. Our consumer protection law firm is dedicated to helping injured children and adults obtain personal injury compensation for the harm that was caused to them by a defective or dangerous product.

Physical symptoms to indicate that your child may have swallowed a magnet can include nausea, vomiting, stomach pains, and diarrhea.

What To Do If Your Child Swallows a Magnet:

• Get medical help right away.
• Ask the doctor to check any x-rays to see if more than one magnet was swallowed.
• Contact our product safety law firm to explore your legal options.

Magnets in building kit pose hazard if swallowed, The Morning Call, January 29, 2008

Small Magnets Are Injuring Children; CPSC Releases Stronger Warning to Parents, CPSC, April 19, 2007

Related Web Resources:

Battat Inc.

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Last week, Shims Bargain Inc. and the U.S. Consumer Product Safety Commission announced a voluntary recall of 45,000 “BabyTown” Pacifiers due to choking hazard concerns.

The concerns stem from a number of issues. The pacifier is small enough in size that it can easily enter an infant’s mouth. The ventilation holes are too small and not positioned in a way that the pacifier can be easily removed from a child’s mouth. The packaging that the pacifier comes in fails to warn parents that tying the pacifier around a baby’s neck might lead to strangulation. The pacifiers do not meet federal safety standards.

The “BabyTown” Pacifiers that are being recalled come in a 4-pack with the model number 39864.

Photo Source: U.S. Consumer Product Safety Commission

Choking hazards that can cause injury to children and infants are a popular reason for many recent recalls. Just last month, five recalls were announced because of choking hazards worries:

• Tot Tower Blocks by eeBoo Corp
• Empire Silver Due Teething Rings
• MTC Super Magnet Toys
• Stuffer Bears sold exclusively on Victoria’s Secret’s Web site
• Infantino Infant Teethers

A child or infant can choke if a small object gets stuck in the throat. If the child cannot breathe for an extended period of time because their airways are blocked, brain damage or death can ensue.

Children—especially babies and toddlers—are already at high risk of choking because they have a tendency to put things in their mouths. Toys and teething rings for children in these age groups should be designed so that kids won’t accidentally choke on them. Choking hazard warnings should be included on toys that can be accidentally swallowed so parents will know not to buy them until the kids are old enough to use them properly.

Over 10,000 children are seen by doctors in emergency rooms every year because of choking hazard-related injuries.

Please contact our products liability law firm to speak to one of our consumer protection lawyers to discuss your child’s choking hazard injury case that you believe was caused by a defective product.

Shims Bargain Recalls Pacifiers Due to Choking Hazard, CPSC.gov

Children And Choking Hazards, CBS News, August 18, 2004

Related Web Resources:

Prevent Your Child From Choking, FDA

2007 Choking Hazard Product Recalls, New York State Department of Health

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