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

Car seats have come a long way since the first sack and string models in 1898. It wasn’t until the 1930s that a car seat similar to today’s child restraint system was designed. In the 1960s and 1970s, more emphasis began to be put on child safety in vehicles and the importance of using car seats when traveling with children. And with car accidents being the number one killer of children, improvements are still needed.

In 1999, the LATCH (Lower Anchors and Tethers for Children) system was established. This system is governed by Federal Motor Vehicle Safety Standards 225, making it possible for child restraint systems to be installed more effectively and easily, thereby increasing child safety. All new vehicles must now be LATCH equipped, as well as all new car seats.

The LATCH system is comprised of two lower anchors and one upper anchor in the vehicle. The two lower anchors are round, rod-like bars hidden in the seat cushion. The upper anchor is a ring-like device, attached to the back of the rear seat. On the CRS itself, you will find clips that hook or snap onto the lower anchors and a hook or clamp that attaches to the upper anchor. Once all three anchors are attached, the belts connected to each should be tightened for maximum safety.
 

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A recall has been issued for Cosco Child Restraint Systems manufactured by Dorel Juvenile Group. The units under this recall were manufactured from March 15 to August 1, 2002. There are 54,400 units that could potentially be affected, so please be sure to check the model number on your child’s CRS if you have purchased a Cosco car seat or booster seat.

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If you are a parent, it is likely that ensuring your child’s safety is among your top priorities. The most precious cargo traveling in your vehicle is your child, and it is vital that we, as parents, take the precautions necessary in order to keep that cargo as safe as possible.

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January, so far, has proven to be a month of major recalls involving child products. While it is a positive sign that these products are being recalled, the major concern is people who own these products will not hear about the recall and will continue to use these dangerous products with their children. The fact that these unsafe products are making it into the marketplace is a huge issue.

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Car accidents are the greatest risk to a child’s life. Each year, 250,000 children are injured in car accidents in the US alone. Car accidents are reportedly the number one cause of death in children ranging from 2 to 14 years of age. 

Booster seats have proven to significantly reduce the number of car accident injuries and fatalities among children, and according to National Highway Traffic Safety Association’s Fatality Analysis Reporting System, the numbers have been steadily declining since 1997. Correct installation and proper use of booster seats can help to reduce the numbers further, and keep our children safe.

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The CPSC unanimously approved a new rule requiring maufacturers of toddler/infant durable goods to establish and maintain a registration card program. Ths includes:

18 product categories: full-size cribs and nonfull-size cribs; toddler beds; high chairs, booster chairs, and hook-on chairs; bath seats; gates and other enclosures for confining a child; play yards; stationary activity centers; infant carriers; strollers; walkers; swings; bassinets and cradles; children’s folding chairs; changing tables; infant bouncers; infant bathtubs; portable toddler bed rails; and infant slings

The rule specifically states what information the manufactuers must maintain. This is in an effort to make distribution of recall information faster and more efficient. Read the www.cpsc.gov/cpscpub/prerel/prhtml10/10093.htmlnotice here.

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24,000 Amby Baby Motion Beds have been recalled after two infant suffocation deaths. The Amby motion bed used a rocking, tilting side to side motion similar to a hammock. Due to this titling motion, infants can roll, become wedged and entrapped leading to possible suffocation. People who own this product must stop using it immediately. This product had been advertised as a solution for colicky babies, babies suffering from reflux, short nappers, restless sleepers and premature babies. See the recall notice here

Evenflo has also issued a recall of its cake toys on the Evenflo ExerSaucer 1-2-3 Tea for Me Activity Learning Center - approximately 66,000 units in the US and 13,660 in Canada.The candle attached to the top of the cake toy poses a choking hazard to children as it can easily become detached. View the notice here.

If your child has been injured by a toy or other product, call us now to discuss your matter.

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Approximately 3728 Even Flo First Choice Infant Restraint systems, model 3604098, are being recalled. They were manufactured between January and September 2009. They fail to meet the federal requirements for labels on child restraint systems. As with all child restraints systems, there are required labels that must remain on the restraint seat always. Those labels must include information to register the seat, NHTSA information, and certification the seat complies with federal safety standards.

If your child has been injured due to a failed child restraint system, please contact our office to discuss your matter.

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The CPSC held a town hall meeting in New York this week to discuss toy safety and the new federal regulations involving toys. Chairman Tenebaum is hoping that the new standards instituted this year will help parents, grandparents and others in their toy selections this holiday season. Some of the new regulations over the past year are:

* federal limits for lead in paint on children's toys dropped to 90 parts per million, which is among the lowest in the world;

* toys for children 12 and younger must now be tested and certified that they meet the new lead in paint limits;

* children's toys cannot be made or sold with more than 300 parts per million of total lead;

* children's toys cannot be made or sold with more than 0.1% of six prohibited phthalates;

* and most children's toys now fall under mandatory standards, instead of voluntary ones.
 

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The CPSC issued a warning to stop using "My Baby Soother" pacifiers due to a choking hazard. The company that distributes these pacifies, T & L Trading, has refused to recall them. Approximately 16,500 pacifiers have been sold. The pacifiers do not meet federal safety standards and the nipple can separate from the base posing a serious choking hazard.

The U.S. Consumer Product Safety Commission (CPSC) is urging parents and caregivers to immediately stop providing “My Baby Soother” pacifiers to their children. The pacifiers were distributed by T & L Trading Corp., of Brooklyn, N.Y. The pacifiers failed to meet federal safety standards because the nipples can separate from the base easily, posing a choking hazard to infants and toddlers.

To read the entire posting on the CPSC website as well as view pictures of the pacifiers involved, please click here.

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A recall of Plum Organics food was anounced. The recall involves apple and carrot pouch foods that were sold at Toys R Us and Babies R Us. The recall is due to the fear that the food made contain a toxin called botulism which can be fatal. So far there has not been any reports of injury from this food.

Plum Organics, the maker of the baby food that has been recalled, is an environmentally conscious company. They make organic baby foods, which are typically seen as "healthier", particularly by parents who want their children to have only natural foods.

As mentioned before, there are no victims of the current baby food recall. No infants have fallen ill and Plum Organics issued the baby food recall as a precaution.

If you have a child who has been injured by a child product and would like to speak further about it, please contact us at 1-877-829-7211.

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Finding and choosing the correct child restraint seat can be an extremely daunting experience.  The DOT has announced a new consumer program that is designed to help parents and other child caregivers choose the right seat for their car which will at least help answer the question "will this car seat fit in my car?" .

NHTSA will institute a new program beginning with the 2011 model year to make it easier for parents to choose child safety seats. Car manufacturers will recommend specific seats in various price ranges that fit for individual vehicles.

Further, Secretary LaHood has asked NHTSA to:

develop a new side impact safety standard for car seats. Side impact crashes account for one-third of all highway deaths among children under thirteen years old.

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With the unofficial start to summer kicking off this holiday weekend, we felt it important to revisit an issue we discussed before: pool and spa safety and drains. New regulations have gone into effect requiring newer safer drains.  Older drains have long since caused children to become entrapped, either causing severe bodily injury or death. The CPSC issued a new report today on pool and spa safety and revisited the drain issue.

New data (PDF) from CPSC also shows that from 1999 through 2008, there were 83 reports of pool and spa entrapments, including 11 deaths and 69 injuries. Since 1999, 14% of the reported suction/entrapment incidents at pools or spas were fatal.

The Pool and Spa Safety Act (P&SSAct) went into effect on December 19, 2008 and requires all public pools and spas to have anti-entrapment drain covers, and in certain circumstances, an additional anti-entrapment system. CPSC has prioritized public wading pools, kiddie pools and in-ground spas as the key areas of focus for enforcement and has called upon state departments of health to assist the agency in enforcing the law.

CPSC is also announcing the launch of a new Web site - www.PoolSafety.gov - which serves as a valuable source for information about the P&SSAct and drowning prevention. The new site provides information for the general public, the swimming pool and spa community, state and local officials, and the media.

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The CPSC issued a recall announcement February 4, 2009 involving approximately 100,000 Safety 1st SmartLight Stair Gates. Apparently the hinges which are to hold the stair gate in place can break which poses a serious fall hazard for children if the gate is at the top of the stairs.

Description: The recall involves the Safety 1st SmartLight Stair Gate with model number 42111, which is printed on a sticker under the handle panel. The gates, which were manufactured before December 31, 2007, are white metal with a gray handle and a motion sensor nightlight that illuminates on approach. The manufacture date is located below the gate's handle as a date wheel imprinted in the plastic; an arrow indicates the month, and the year is stamped inside the circle. The manufacture date is also printed on a sticker inside the battery door.

Sold at: Mass merchandise and juvenile product stores nationwide, including Babies R Us and Wal-Mart, from January 2005 through December 2007 for about $60.

For the entire notice visit the CPSC website.

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Beginning February 10, 2009, children's products cannot be sold if they contain more than 600 parts per million (ppm) lead even if they were manufactured before this date. The total lead limit will drop again August 14, 2009 to 300 ppm.

The new law requires that domestic manufacturers and importers certify that children’s products made after February 10 meet all the new safety standards and the lead ban. Sellers of used children’s products, such as thrift stores and consignment stores, are not required to certify that those products meet the new lead limits, phthalates standard or new toy standards.

The new safety law does not require resellers to test children’s products in inventory for compliance with the lead limit before they are sold. However, resellers cannot sell children’s products that exceed the lead limit and therefore should avoid products that are likely to have lead content, unless they have testing or other information to indicate the products being sold have less than the new limit. Those resellers that do sell products in violation of the new limits could face civil and/or criminal penalties. For additional information visit www.cpsc.gov

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Recalls of children's furniture and products abounds this month.

Evenflo recalled their Majestic highchairs due to fall and choking hazards:

Hazard: Plastic caps and metal screws on both sides of the high chair can loosen and fall out, posing both fall and choking hazards to children. Plastic caps and screws that become loose and fall out can cause the seatback to suddenly fall back or detach from the high chair. Children can fall out or collide with objects and suffer broken bones, abrasions, cuts and bruises. Detached plastic caps and metal screws also pose a choking hazard to children.

Incidents/Injuries: Evenflo has received 140 reports of seatbacks reclining, falling back and/or detaching unexpectedly, which resulted in at least 47 reports of bumps and bruises to the head, two reports of broken bones, and at least 45 reports of other injuries including abrasions, cuts, and bruises. Evenflo has received more than 1,000 reports of plastic caps and screws falling out of the high chairs, including seven incidents in which caps and screws were found in children’s hands or mouths but were removed before choking occurred.

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The CPSC announced today a recall of 985,000 Delta Enterprise Drop Side Cribs. Apparently there are missing safety pegs which can lead to entrapment and suffocation.

When the safety pegs in the base of each leg of the crib are missing from the lower track, the crib locks can disengage and detach if lowered below the peg hole, creating a hazardous gap. This gap can lead to the entrapment and suffocation of an infant or toddler.

CPSC staff is aware of a death of an 8-month-old child who became entrapped and suffocated when the drop side of the crib detached in a reassembled crib where the safety pegs were not installed. CPSC is also aware of two entrapments and nine disengagement incidents in cribs where the safety pegs were missing.

The recalled cribs have date codes ranging from 1995 though December 2005 and one model (4624) was made in 2007. The model numbers are located on the top of the mattress support board.

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An infant death has prompted the recall of approximately 2,000 convertible cribs by Playkids USA. The mesh siding expands and can cause gaps between the matress and sides. This allows room enough for an infant to fall into the space, become entrapped and possibly suffocate. A 5 month old child died in August 2008when he became entrapped and suffocated.

This recall involves the Playkids U.S.A. convertible crib/playpen/bassinet/bed with model number PLK-909. “Playkids U.S.A.” can be found on the packaging and on a label sewn into the side of the crib. The model number can be found on the packaging. The convertible cribs have a drop side rail, a stationary side rail, a canopy assembly, and a bassinet. The sides of the convertible crib, the mattress support, the bassinet, the canopy and the bedskirt are covered in fabric and mesh. The fabric and the mesh come in a variety of colors and patterns. read the notice

With the tremendous amount of recalls occurring involving children products, especially cribs, we have to wonder what's going on with testing of the products prior to their public sale.

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The Insurance Institute for Highway Safety and the University of Michigan Transportation Research Institute have put out a new study with regard to booster seats - they found 13 booster seats do not position the belt properly on children. This study did not look at the crashworthiness of the seats but rather the belt positioning. As we know booster seats help prop children up higher, with a goal of making sure the car's seat belt is in the correct position.

The seat belt is meant to be routed across a child's lower hips and mid-shoulders instead of the abdomen because the liver and spleen are more vulnerable to injuries. Story

This of course does not mean and should not be taken to mean that parents should opt not to use a booster seat at all- it just means that parents need to ensure that the one they are using at least has the seat belt positioned in the proper location.

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We have often discussed the need to utilize five point harnesses booster seats. Far too many children have been killed in car crashes when their child seat has failed them. The Kyle David Miller foundation, was set up in memory of such a young boy. His courageous family has gone on to start a website called www.hipmonkey. com where you can find 5 point harness car seat for your child, while supporting their foundation.

No matter where you purchase your next car seat, please do your research. And if you have a child getting ready to go into a booster, before automatically putting them in one of those booster seats that uses the car's seatbelt and no tether, please check out the five point harness boosters. We have heard over and over again, how easy it is once your child in in a booster seat that uses the car's seat belt - because then he/she has the ability to buckle and unbuckle themselves...Except there is of course the other end of the story that we hear, when after a car crash, a child who was utilizing the car's seat belt in conjuction with one of those booster seats, was ejected form the vehicle. Why? Because the car's seat belt could not restrain the child during the crash. Car seat belts are not made for small children. 

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Simplicity (which as we have mentioned before on our blog - is no longer in business) has recalled about 600,000 drop side cribs. The drop side, when it comes off its tracks can pose a serious risk of injury by entrapment, suffocation, and strangulation to infants. The cribs according to the CPSC's website were sold at:

AAFES, of Dallas, Texas
Babies“R”Us, of Wayne, N.J.
Burlington Coat Factory/Baby Depot, of Burlington, N.J.
K’s Merchandise (out of business)
Meijer Distribution Inc., of Grand Rapids, Mich.
Nebraska Furniture Mart, of Omaha, Neb.
ShopKo, of Green Bay, Wis.
Target, of Minneapolis, Minn.
Wal-Mart Stores Inc, of Bentonville, Ark.

They were sold between January 2005 through August 2008. For additional information on this recall please visit the CPSC website.

if at anytime our child is a victim of a products defect it is important to bring it to the CPSC's attention.

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190,000 soccer goals were recalled after a child's death.

About 190,000 MacGregor and Mitre folding soccer goals were recalled Tuesday, after the death of a young child.

The CPSC said the netting had gaps that were 20 square inches apart. Ideally they should be less than 17 square inches or greater than 28 sqaure inches in order to prevent a child becoming trapped or possible strangulation.

Parents and caregivers are advised to stop using the nets, which can be returned to Regent Sports in exchange for a free, safe replacement. For more information, call 877-516-9707

This is yet another in a long line of recently recalled products whereby the safety standards for gaps and spaces may have been ignored thereby causing a serious child safety issue. If your child has been adversely affected by a product, and you feel our firm may be able to assist you, please do not hesitate to contact us.

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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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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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