North Carolina Product Liability Blog : North Carolina Product Liability Lawyer & Attorney : D. Hardison Wood : Toy Safety, Child Restraint, Car Seats

The US CPSC has warned parents against using the 3-in-1 and 4-in-1 bedside sleepers after two infants became caught between the metal bars and died. Apparently, the bars are wider apart than the mandated maximum of 2 3/8 inches. However, according to the report,  the warning was issued rather than a recall because the company which purchased Simplicity in April has not been cooperating with a recall. The new owner maintains they are not responsible for products previously manufactured before their acquisition of the company.

The agency said in an announcement that it issued the alert because SFCA Inc., the company that purchased Simplicity in April, "has refused to cooperate with the government and recall the products. SFCA maintains that it is not responsible for products previously manufactured by Simplicity," the announcement said.

 

We see this all the time in our product defect cases where one company has purchased another and we have a claim. The first defense they throw up is that they are not liable for anything previously manufactured. Of course, that is something they always have to prove.

In the interim, parents, if you have any questions regarding this product, please contact the CPSC hotline, 800-638-2772 or their website at cpsc.gov.

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Car fires are much more common that some may think. And frankly, quite often, there is truly a defect in the automobile that caused them. This time the recall involves more GM cars. According to the report GM is recalling 857,735 vehicles, including

2007-2008 model year Chevrolet Silverado, Tahoe, Avalanche and Suburban, Cadillac Escalade, Escalade ESV and Escalade EXT, GMC Acadia, Sierra, Yukon, Yukon XL and Saturn Outlook; 2006-2008 Hummer H2, Cadillac DTS and Buick Lucerne; and the 2008 Buick Enclave

According to the report, federal safety regulators said there was a potential for a short circuit in the wiper system which could lead to electrical malfunctions, smoke or raise the potential for a car fire.

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For many children who are on the traditional school calendar, it's that time of the year...back to school. The Consumer Product Safety Commission has released a special notice offering back to school safety tips. In an effort to increase child safety, we are posting these tips here. The entire notice, of course, can be read on the CPSC website, found here.

Helmet Safety

Wear a bicycle helmet when biking or riding a scooter to and from school. Make sure your child’s bicycle helmet has a label stating it meets CPSC’s mandatory safety standard. Wearing a bicycle helmet can reduce the risk of head injury by as much as 85 percent.

CPSC staff has reports of an annual average of 80 children under 16 years of age who died in bicycle-related incidents in recent years. About half of the 500,000 bicycle-related emergency room-treated injuries in 2007 involved children under the age of 16. When taking part in other recreational activities, wear the right helmet for that activity. Read CPSC’s “Which Helmet for Which Activity” publication, which helps parents choose the most appropriate helmet, at http://www.cpsc.gov/CPSCPUB/PUBS/349.pdf (pdf).

More than 80 percent of the nearly 50,000 emergency room-treated injuries involving unpowered scooters in 2007 were to children younger than 15. In addition to wearing a helmet, CPSC recommends elbow and knee pads when riding a scooter.

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The CPSC announced earlier this month that nine firms had agreed to pay approximately $355,000 in civil penalties for failing to report drawstrings in children's outwear.

The penalties settle allegations that the firms knowingly failed to report to the CPSC immediately, as required by federal law, that their children’s hooded sweatshirts, jackets, or sweaters were sold with drawstrings at the hood and neck.

In 1996 CPSC issued a notice advising parents to purchase clothing that uses methods other than draw strings to close the hood of a jacket and sweatshirt, such as velcro or snaps. This is due to the high likelihood that the drawstring can get caught on something leading to a potential choking hazard. Read the notice. The notice also called on manufactureres to make sure they adhered to the voluntary guidelines.

Manufacturers and retailers should also be aware of the hazards, and should be sure garments they manufacture and sell conform to the voluntary standard.

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A North Carolina man was killed last week after a pool side umbrella fell on top of him while he lounged near his apartment's pool. The umbrella or one of its parts appears to have pierced through his brain.

According to police the umbrella stand pierced Ward's head like an ice pick. "Doctors say the umbrella traveled through the brain stem and caused his brain to swell," said Detective John Keel with the Leland Police.

It has been reported that the apartment complex has removed the umbrellas and has replaced them with a safer design. Which of course begs the question, why are the "unsafer" types of umbrellas out there considering the likelihood they will topple over quite high?

Read the entire story here.

 

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Yesterday, August 5, the CPSC announced two separate recalls involving cribs. Both have been recalled because they do not meet the minimum federal safety standards.
The cribs involved int he recall are 1300 units made by Mother's Hubbard's Cupboard's of Toronto, Canada, and 500 units made by Baby Appleseed of California.

Far too often products such as the cribs listed above make it into the market place while they fail to meet safety requirements. For instance child safety seats are self policed. That means the manufacturers have the "minimum" standards they are required to meet and they self test to see if their safety seat meets those requirements.

If your child has been hurt by a product such as a crib, child safety seat or other product and you feel we may be able to assist you please contact us.

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