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

The CPSC recently published a release for the Memorial Day weekend warning ATV riders to take precaution this riding season. According to the CPSC ATV-related deaths jump on average 30 % from March to April for children under the age of 16. From the period of 2003-2005, ATV related deaths rose each month during the spring and into the summer, peaking in July, when 23 children and 76 adults were killed in ATV related incidents on average.

Earlier this year the CPSC published the 2008 Annual Report of ATV-Related deaths & Injuries. The reports findings showed that in 2008, 28% of the 135,100 estimated ATV related emergency department-treated injuries, involved children 16 years of age or younger. That’s over 37,000 children. Statistical data calculated by state showed North Carolina ranking 9th (tied with Michigan) in most number of ATV-related deaths reported from 1982-2005. If you or someone you know has had an ATV-related personal injury contact our North Carolina Personal Injury Lawyers to discuss your legal rights.
 

“If springtime deaths and injuries are an indication of what’s to come, we urge all ATV riders, young and old, to take all necessary safety precautions,” said CPSC Chairman Inez Tenenbaum. “Far too many people are losing their lives and sustaining life-threatening injuries, which in many cases are preventable. CPSC is working diligently to ensure that the ATVs on the market meet mandatory standards and to promote safe riding practices.”

Starting in April 2009 it became mandatory for ATV manufacturers and distributors to offer free, hands-on training through their dealers for first time buyers and their age appropriate family members within a reasonable time for purchase. Also as part of the CPSC’s action plan, these companies are required to offer first-time purchasers an incentive valued at $100 for taking the hands-on training offered by the ATV Safety Institute (ASI). ASI offers a variety of training programs for riders of all levels, for more information go to www.atvsafety.org.

With 4th of July just around the corner and another summer holiday weekend approaching we would like to provide you with some guidelines and information to make your riding season and that of your children safer.

The ATV Safety Institute's Golden Rules:
1. Always wear a helmet and other protective gear.
2. Never ride on public roads - another vehicle could hit you.
3. Never ride under the influence of alcohol or other drugs.
4. Never carry a passenger on a single-rider vehicle.
5. Ride an ATV that's right for your age.
6. Supervise riders younger than 16; ATVs are not toys.
7. Ride only on designated trails and at a safe speed.
8. Take an ATV RiderCourse
Letter from ATV Safety to North Carolina Parents

NC State Laws on ATV Riding:
• No one under age 8 may operate an ATV.
• Children under age 12 may only operate an ATV under 70cc.
• Children under age 16 may only operate an ATV 90cc or less.
• Children under age 16 must be supervised by a person at least age 18.
• Passengers may not be carried unless the ATV was designed to carry passengers.
• All ATV operators must wear helmet and eye protection.
• ATV use on public streets and highways is prohibited except to cross.
• No ATV shall be operated without a lighted headlight and taillight from ½ hour after sunset to ½ hour before sunrise.
• Effective October 1, 2006, every ATV operator born on or after January 1, 1990, must have an ATV safety certificate.
• Persons using ATVs for farming, hunting or trapping are exempt from the law’s provisions.

North Carolina State Legislation on ATV

 

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A voluntary recall  of all “Shrek Forever After” collectable glasses exclusively offered at McDonalds was announced June 4th by the CPSC in collaboration with McDonalds. The 12 million or so units all have designs on them which contain cadmium. Long term exposure to cadmium can cause adverse health effects. Although the CPSC has said the glassware is not toxic, McDonalds is requesting all customers to return any “Shrek Forever After” glassware purchased for a full refund.  So far there have not been any reports of injury from the glassware.

The North Carolina Product Liability Attorneys at our firm specialize in child safety cases. If you have a child who has been injured by a child product and would like to speak further about it, please contact  the child safety attorneys at the Law Office of D. Hardison Wood to discuss your legal rights.

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The Consumer Product Safety Commission has issued another recall for elliptical trainers. These exercise machines have become a common item in many American homes. Please check to be sure this recall does not affect you.

The Commission, along with distributor Johnson Health Tech North America, Inc., have recalled about 18,000 elliptical trainers. The brand names included in this recall are Horizon Fitness and LIVESTRONG Fitness Elliptical Trainers. There have been 58 reports of the pedal becoming disengaged from the machine. There have been no injuries reported thus far.

If you own a Horizon Fitness or LIVESTRONG Elliptical Trainer that was purchased between October 2009 and November 2009, please look for your model number, which is located on the top of the console display, and the serial number, located on the front of the machine. Then check here to find out if your model is listed under the recalled models. If it is, stop using the elliptical trainer immediately and call Johnson Heath Tech NA at 1-800-962-3596 for a free in-home pedal replacement.

If you have been injured by this defective product, please call our office immediately to discuss your potential case.

/ab

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Ford has issued a recall involving 2005-2008 Mustangs due to air bag non complaince issue.

Make / Models :		Model/Build Years:
FORD / MUSTANG		2005-2008
Recall Number:	08V082000
Summary:
FORD IS RECALLING 434,593 MY 2008 MUSTANG VEHICLES FOR FAILING TO COMPLY WITH ONE OF THE NECK INJURY REQUIREMENTS OF FEDERAL MOTOR VEHICLE SAFETY STANDARD NO. 208, "OCCUPANT CRASH PROTECTION," FOR AN UNBELTED 5TH PERCENTILE FEMALE SITTING IN THE PASSENGER SEAT WHILE IT IS IN THE FULL FORWARD POSITION.
Consequence:
DURING AN AIR BAG DEPLOYMENT, IF A SMALL FEMALE IN THE FRONT PASSENGER SEAT IS NOT WEARING THE SAFETY BELT, AND HAS THE SEAT IN THE FULL FORWARD POSITION, THERE MAY BE AN INCREASED POTENTIAL FOR A NECK INJURY.
Remedy:
DEALERS WILL REPROGRAM THE RESTRAINT CONTROL MODULE FREE OF CHARGE. THE RECALL IS EXPECTED TO BEGIN ON OR ABOUT FEBRUARY 28, 2008. OWNERS MAY CONTACT FORD AT 1-866-436-7332 OR THROUGH EMAIL TO WWW.OWNERCONNECTION.COM.
Notes:
FORD RECALL NO. 08C02. CUSTOMERS MAY ALSO CONTACT THE NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION¿S VEHICLE SAFETY HOTLINE AT 1-888-327-4236 (TTY 1-800-424-9153), OR GO TO HTTP://WWW.SAFERCAR.GOV.

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Nissan announced a recall involving the air bag component. If you believe your vehicle might be affected by the recall  make sure to contact your auto dealership. This recall involves the potential for an airbag to fail to deploy when involved in a crash.

Make / Models :         Model/Build Years:          INFINITI / EX35     2008      NISSAN / MURANO     2009 Manufacturer : NISSAN NORTH AMERICA, INC. Mfr's Report Date : FEB 12, 2008 NHTSA CAMPAIGN ID Number : 08V066000 N/A NHTSA Action Number: N/A

Component: AIR BAGS

Potential Number Of Units Affected : 16365

Summary: NISSAN IS RECALLING 16,365 MY 2008 INFINITI EX35 AND MY 2009 NISSAN MURANO VEHICLES. DUE TO INCORRECT SOFTWARE PROGRAMMING, THE AIR BAG CONTROL UNIT (ACU) MAY CAUSE THE PASSENGER AIR BAG NOT TO OPERATE AS DESIGNED IF THE VEHICLE BATTERY BECOMES SIGNIFICANTLY DISCHARGED.

Consequence: THIS COULD RESULT IN THE PASSENGER AIR BAG NOT INFLATING IN A CRASH IN WHICH IT WAS DESIGNED TO DO SO, AND INCREASING THE RISK OF INJURY.

Remedy: DEALERS WILL REPROGRAM THE ACU IN AFFECTED VEHICLES. THE RECALL IS EXPECTED TO BEGIN DURING FEBRUARY 2008. OWNERS MAY CONTACT INFINITI AT 1-800-662-6200 OR NISSAN AT 1-800-647-7261.

Notes: CUSTOMERS MAY ALSO CONTACT THE NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION'S VEHICLE SAFETY HOTLINE AT 1-888-327-4236 (TTY 1-800-424-9153), OR GO TO HTTP://WWW.SAFERCAR.GOV.

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Football players...a  recall involving helmet straps has been issued.  If you are using this product please take notice!

WASHINGTON, D.C. - The U.S. Consumer Product Safety Commission, in cooperation with the firm named below, today announced a voluntary recall of the following consumer product. Consumers should stop using recalled products immediately unless otherwise instructed.

Name of Product: Football Helmet Chin Straps

Units: About 235,000

Manufacturer: Nike Inc., of Beaverton, Ore.

Hazard: The chin strap’s plastic cup can break as a result of contact, exposing the player to facial or head injuries.

Incidents/Injuries: Nike has received 18 reports of the chin strap breaking, including two reports of concussions, two reports of facial lacerations requiring stitches, and a report of a broken nose.

Description: The recalled football helmet chin strap consists of a plastic cup with a foam liner, straps and four metal snaps. They were sold in both youth and adult sizes and come in black/gray and white/gray color combinations. The Nike Swoosh trademark is printed on the outside of the chin cup and DRI-FIT™ is printed on the foam liner. “Made in China” and one of the following four style numbers is printed on the inside of the strap: FA0016 046, FA0016 130, FA0021 046, or FA0021 130.

Sold at: Sporting good stores nationwide and on the firm’s Web site www.Nike.com from April 2006 through October 2007 for about $20.

Manufactured in: China

Remedy: Consumers should stop using the chin strap immediately and contact Nike for a product voucher redeemable at www.nikestore.com

Consumer Contact: For additional information, contact Nike toll-free at (888) 583-6453 between 7 a.m. and 4 p.m. PT Monday through Friday, or visit the firm’s Web site at www.nikebiz.com

Always keep in  mind that a head injury may not be apparent right away, so if you suspect that you  may have  suffered any type of brain injury, please seek medical attention as soon as  possible.

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This young lady from Michigan was set to enter seventh grade this fall.  Apparently she a missed a ground ball during softball practice, the ball  hit her head.  She never regained consciousness.  The story can be found here.

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Baseball is a great sport.  My son plays baseball, and I'll  admit that one of the reasons I don't worry so much about it is because at least he isn't playing football, or some other full contact sport.

Yet according to the blog Transducer Reviews, baseball  is the sport with the highest  fatality rate for kids from 5-14 years of age.  The post is here, and I'll go into more detail about how these statistics can play out in the legal world on the flip. According to the article:

Baseball has the highest fatality rate among sports for children and adolescents ages 5 to 14, with three to four persons dying from baseball injuries each year. In 1998,baseball injuries sent more than 91,000 children and adolescents ages 5 to 14 to hospital emergency rooms for baseball injuries. Nearly 26,000 children and adolescents ages 5 to 14 were treated for softball-related injuries.

Those are pretty serious statistics which I bet most mothers and fathers with baseball playing young ones are surprised to learn.   Yet, when you look at the physics involved, baseball is the only sport our kids routinely play where projectiles traveling at speeds in excess of 60 mph zoom around our little tikes heads.

And this is where the law can, and  in my opinion, should come in.   It is entirely foreseeable that in a game like baseball, with physics at play like baseball, the skulls, chests, and other vital areas of a child's anatomy will come into contact with a dangerous amount of force and violence.  So why then is only the batter (and perhaps the catcher) required to wear helmet in order to shield him or her from these forces?

The article continues:

One of the test series showed that a player without a batting helmet who is hit in the head with a standard hard baseball has a 20 percent risk of serious baseball injury to the head.

In other words, any of those kids you see out there playing first base, pitcher, or center field and they get clocked in the head with a ball has about a 1 in 5 chance of having a serious head injury.  One in five.  Those aren't good odds.  We can do a lot of good by pushing little leagues around the country to require helmet usage.  At the very least, by showing we take seriously the protection of our little leaguers minds, maybe when they get older, and some of them become big leaguers, they'll thank us by making better decisions.

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