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

Last month Nissan recalled approximately 46,000- 51,000 Cubes. They were recalled because during crash tests the amount of fuel that leaked from the rear was more than allowed by Federal Standards.

Nissan is recalling 51,100 of its Cube hatchbacks in the United States and Canada because of possible problems with fuel spilling during rear end collisions.

In documents filed with the National Highway Traffic Safety Administration, Nissan Motor Co. said Monday tests conducted by NHTSA safety regulators found more fuel spilled than federal standards allow. The spillage occurred during rear end crash tests at 50 miles per hour where the vehicle also spun onto its side. Read Article

 

On August 9, 2010 Nissan has again announced a recall, this time because some of its Frontier models fail to comply with Federal Motor Vehicle Safety  Standard (FMVSS) 225. FMVSS 225 has to do with child restraint systems. The welding on the tether anchor, in this instance, could separate from the seat. NHTSA

It is important to remember that Federal Safety Standards are MINIMUM requirements that manufacturers have to meet. So failure to meet these minimum requirements is putting a vehicle in the marketplace that absolutely should not be there.

And let's not overlook the 540,000 Nissan cars that were recalled due to brake pedal issues and possible fuel gauge problems in March of this year.

the recall covers "the Titan, Armada and Infiniti QX56 built from 2005 to 2008, and the Frontier, Pathfinder and Xterra produced between January and March 2006 and between October 2007 and January 2008

If you have been injured and would like to discuss a potential legal claim please contact the Law Office of D. Hardison Wood at 919-233-0520.

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Toyota has now issued yet another recall of over 400,000 Avalon and and 39,000 Lexus LX470 vehicles. Why?

The Japanese automaker announced the latest Toyota recall Thursday, after receiving reports of at least three automobile accidents involving Toyota Avalons.

Toyota is recalling 373,000 Avalons from the 2000 to 2004 model years in the U.S. due to defective steering lock bars, which could break under certain conditions.

The Lexus LX470 recall affects 39,000 vehicles, due to potentially defective construction of the luxury SUV’s steering shaft, which could cause it to disengage if the vehicle experiences an unusually severe impact to the front wheels.. Read more

 

According to the NHTSA site the steering lock could break leaving the driver unable to control the vehicle and possibly leading to a crash.

If you have become a personal injury victim due to negligence of another, contact the Law Office of D. Hardison Wood to discuss your matter. 919.233.0520.

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Baby Matters, the company that makes the Nap Nanny has issued a recall after a 4 month old child reportedly suffocated to death. Initial reports indicate the little girl, while harnessed was found hanging over the side of the product where she became entrapped between it and her crib.

CPSC is investigating a report of a 4-month-old girl from Royal Oak, Mich., who died in a Nap Nanny that was being used in a crib. According to preliminary reports, the girl was in her harness and found hanging over the side of the product. She got caught between the Nap Nanny and the side of the crib.

CPSC and Baby Matters, the company that makes Nap Nanny, have received 22 reports of infants, primarily younger than 5-months-old, hanging or falling out over the side of the Nap Nanny despite most of the infants being placed in the product’s harness.

 

Some recommendations as listed in the recall notice:

* If you own the second-generation model, fasten the harness correctly, using the rings attached to the foam, and make sure the harness is snugly fastened.
* Always place all models of the Nap Nanny on the floor, away from other products. Even while harnessed, babies can lean over the side of the Nap Nanny. Do not put it inside a crib, bassinet or play yard, where a baby can get trapped and suffocate. Do not place it on your bed or near pillows and other bedding, another suffocation hazard.
* Do not place any Nap Nanny model on a table or other high surfaces from which a baby could fall.
 

If your child has suffered an injury due to a faulty product and you would like to discuss it with our firm contact the Law Office of D. Hardison Wood at 919-233-0520.

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In 2007 a lawsuit was filed against Nissan deeming the Pathfinder in the matter not crashworthy. What does that mean when a car is considered not crashworthy? It is simple - the car was unable to protect its occupants in a foreseaable collision. In this instance, the lawsuit claimed the Pathfinder

was missing safety design features that Nissan was well aware of at the time, such as airbags and other advanced safety restraint features.

The complaint also argued that Nissan knew the Pathfinder was unreasonably dangerous and defective, because the vehicle had poor crash test performances, real world incidents and a high death rate.

 

In this particular case, the Pathfinder was struck by another vehicle after it had been involved in a crash - the left front tire was driven through the firewall and into the driver's side footwell causing severe injuries to the plaintiff. The Texas jury found Nissan responsible for Plaintiff's injuries. Nissan tried to appeal the decision, the court upheld the $1.85 Million verdict. Read more

If you or someone you know has been injured due negligence of another, contact the Law Office of D. Hardison Wood today. 919-233-0520 or toll-free 1-877-829-7211.

 

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Toyota is recalling 17,000 model year 2010 Lexus HS sedans because of a problem with its fuel tank. This new recall has prompted the company to once again suspend the sales of such vehicles.

The defect was noticed by the National Highway Traffic Safety Administration (NHTSA) under a crash test. The NHTSA has found that the fuel tanks in the vehicles leak when struck from behind at 50 miles per hour. (DailyMarkets)

Not surprisingly, Toyota has claimed they have been unable to reproduce the reuslts in their own crash testing....which was what they said with the other problems they have faced. Remember Toyota had to recall

Toyota’s recall crisis evolved when it suspended sales of 8 models for recalling 2.3 million vehicles to correct sticking accelerator pedals on many of its models in late January this year.

Following that,Toyota recalled, in April, 10,000 Lexus GS and LS SUVs and another 8,300 Lexus sedans last month. Further the US fined Toyota $16.4 million. Of course, that was merely a slap on the wrist to the company that makes much more than that.

If you or a family member has been injured by a product or a vehicle, contact the Law Office of D. Hardison Wood today!

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The CPSC announced today that seven manufacturers announced recalls due to entrapment, suffocation and fall risks. The manufacturers involved include, Child Craft, Delta Enterprise, Corp., Evenflo, Jardine Enterprises, LaJobi, Million Dollar Baby and Simmons Juvenile Products.

“Cribs should be the safest place in the home for infants and toddlers,” said CPSC Chairman Inez Tenenbaum. “CPSC is committed to addressing the hazards with cribs and to restoring parents’ confidence that their child will have a safe sleep.”

CPSC continues to actively investigate various cribs for potential drop-side and other hazards as part of a larger effort by the agency to rid the marketplace and homes of unsafe cribs. CPSC staff is also working on a new mandatory standard to make cribs safer, which is targeted for completion in 2010

According to the announcement the manufacturers listed are offering immobilization kits to prevent the drop-side from detaching. However, these kits do not solve the hazards if there exists broken or damaged hardware. Further, the CPSC recommends not using a crib more than 10 years old, since the hardware could be damaged by wear and tear.

Nine million drop-side cribs have been recalled over the past five years. CPSC staff has determined drop-side cribs generally have a tendency to be less structurally sound than cribs with four fixed sides.

The Crib Information Center is a great resource for additional information. If your child has suffered an injury, contact us to discuss preserving your chil's rights.

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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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What better time to discuss tire related issues then during the 2010 National Tire Safety Week going on this week from June 6th – June 12th by the Rubber Manufacturing Association.

The leading cause of tire failure is improper inflation, especially under-inflation. Tires that are under inflated experience excessive flexing which generates excessive heat and causes the tire to expand. This build of pressure can cause a tire blowout, where the tire rapidly comes apart.

On May 20th 2010 Volvo sent out a recall notice to owners of Volvo’s 2008-2010 XC70 vehicles bringing to their attention the vehicle’s failure to imply with requirements of Federal Motor Vehicle Safety Standard No. 110, “Tire Selection & Rims”.

The letter describes how the maximum inflation tire pressure is listed incorrectly on the Tire & Loading labels as 33psi, in the Owner’s Manual as 35psi and the Tire Pressure Monitoring system’s trigger level as 33psi. The correct maximum permissible inflation should be 36psi. 

At first glance, the difference may seem slight, but it can lead to the under-inflation of the tires, resulting in premature tire failure, increasing the risk of tire blowouts and of crashes leading to vehicle damage, serious injury or death. Our firm’s North Carolina Crashworthiness Attorneys have handled many similar tire blowout cases. If you or someone you know has been injured due to a tire blowout, please contact the products liability attorneys with the Law Office of D. Hardison Wood to discuss your legal rights.Tire defects such as tread separation are another common cause of tire blowouts. Tread separation is when the tread peels off and separates from the tire casing due to a design or manufacturing defect. Tire blowout can lead to drivers losing control of their car and more often than not cause rollover.

Tire defects such as tread separation  are another common cause of tire blowouts. Tread separation occurs when the tread peels off and separates from the tire casing due to a design or manufacturing defect. Tire blowout can lead to drivers losing control of their car and more often than not cause rollovers. Rollovers can result in serious injury or death due to occupant ejection, roof crush, or other structural damage. Our firm’s products liability attorneys have handled many rollover cases, and in most of those cases, tread separations were a leading cause of the loss of driver control. If you’ve been affected by a car or SUV rollover, please feel free to contact  the Law Office of D. Hardison Wood to discuss your legal rights. Our SUV rollover attorneys will discuss your case at no charge.

A prime example of tire separation defect is the massive Bridgestone/Firestone recall of 3.85 million Radial ATX and Radial ATX II Tires and 2.7 million Wilderness AT Tires in 2000. Most of the tires were original equipment on Ford’s Explorer model. The National Highway Traffic Safety Administration reported that by Sept 2001  271 deaths and more than 3,000 serious injuries resulted from these defects.

Tire Maintenance

By following basic tire and vehicle maintenance, drivers can eliminate preventable vehicle accidents. Here are a few of the guidelines listed in the NHSTA’s “Tire Safety – Everything Rides On It” Brochure:

• Maintain proper tire pressure: Find your vehicle’s certification label permanently attached to the vehicle’s door edge, door post, glove-box door, or inside of the trunk lid. The Label indicates the recommended tire size, tire inflation pressure, vehicle capacity weight and front & rear gross axle weight ratings.

• Tire Tread: The tire tread provides the gripping action and traction that prevent your vehicle from slipping or sliding, especially when the road is wet or icy. In general, tires are not safe and should be replaced when the tread is worn down to 1/16 of an inch. Tires have built-in treadwear indicators that let you know when it is time to replace your tires. These indicators are raised sections spaced intermittently in the bottom of the tread grooves. When they appear "even" with the outside of the tread, it is time to replace your tires.

• Tire Balance & Wheel Alignment: Although a qualified technician is required checking the tire balance and wheel alignment is a must to prevent vibration and shaking as well as to ensure the wheels are positioned correctly relative to the vehicle’s frame.

• Rotating Tires: Rotating tires from front to back and from side to side can reduce irregular wear (for vehicles that have tires that are all the same size). Look in your owner's manual for information on how frequently the tires on your vehicle should be rotated and the best pattern for rotation.

Click here for the complete the NHTSA’s Tire Safety brochure.

If you have any questions regarding your legal rights in regarding injury caused by tire blowouts or other vehicle defects please contact us the Law Office of D. Hardison Wood - 1-877-829-7211.
 

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It has been reported that the federal governement is looking into reports that the new type of diapers put out by Proctor and Gamble's Pampers is causing rashes and possible chemical burns.

The Consumer Product Safety Commission started an investigation this week following complaints of babies and toddlers suffering severe and persistent diaper rashes and blisters that resemble chemical burns. 
 

This new thinner type of diaper uses Pampers "Dry Max" technology. As of right now the company is denying the new product has caused burns on children.

Since this investigation is so new, the CPSC has asked that parents and caregivers report any issues.

CPSC spokesman Scott Wolfson encouraged parents to report any problems to the agency, which he said has received only a handful of reports so far. Wolfson said the investigation is in its early stages and the agency is seeking as much information as possible.

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U.S. statistics show that in 2006, vehicle fires were to blame for “an estimated 490 deaths, 1,200 injuries and $1.3 billion in property damage“. These numbers are staggering. They become even more so when you consider that “three-quarters of highway vehicle fires resulted from mechanical or electrical failures or malfunctions”. This ultimately means that the majority of the deaths, injuries and property damage sustained by vehicle fires could have been avoided altogether, if only the vehicle’s manufacturer had produced a malfunction-free, fire-safe car for the market.

Until stricter guidelines are made mandatory for car manufacturers, vehicle fires will continue to occur. At times, these accidents can happen unexpectedly, without warning or notice, and even without a collision. It is wise to educate yourself on steps you can take to prevent these fires, and what to do should you become a vehicle fire victim. Here are a few tips to keep in mind:

-Maintain your vehicle well. Have repairs done as needed. Have your vehicle inspected at least once a year.

-Keep up-to-date on recalls that pertain to your vehicle. For example, the latest Honda Fit recall is due to a fire hazard that can be caused just from having water leak in through the window.

-Be aware of the noises your car makes. Make an effort to turn down the radio and just listen to the way your car is running from time to time. Anything that sounds out of the ordinary is worth getting checked out.

-Periodically check for wear and tear on your vehicle. Be sure all bolts and wiring are secure. Check for cracked pipes or hoses. If anything is out of place or appears worn out, have it repaired as soon as you can.

-If your car does catch on fire, pull over to the side of the road. Turn the car off. Get everyone out of the vehicle, and move at least 100 feet away. Keep everyone together and away from the road or highway. Call 911.

-Do not attempt to open the hood of a burning car.

-Do not attempt to put the fire out of a burning vehicle. Statistics show that “one-third of non-fatal highway vehicle fire injuries occurred when civilians attempted to fight the fire themselves”.
 

For more information on vehicle fires and the risk they impose on drivers and their families, please visit:

http://www.nfpa.org/categoryList.asp?categoryID=1123&URL=Safety%20Information/For%20consumers/Vehicle%20fires&cookie_test=1

http://www.firehouse.com/forums/showthread.php?t=74895

http://www.nfpa.org/assets/files//PDF/Research/VehicleFires.pdf

Vehicle fires are serious accidents that can leave victims disfigured or disabled for the rest of their lives. Many times the financial loss of a vehicle or other property damage becomes an enormous burden for families. And of course, no one can replace the innocent lives that these catastrophic accidents claim. If you have been injured or suffered loss as a result of a vehicle fire, don't forget you may have a  legal claim against the manufacturer. Without a doubt the manufacturer will try to lay blame elsewhere, as seen in the Toyota incidents, and create illusions that make your story seem false 

But the lawmakers questioned whether Toyota had fully explored the problem. According to the committee's review of 75,000 documents from Toyota, including 20,000 in Japanese, the automaker dismissed many sudden acceleration complaints as driver error.

After the launch of probes by two committees, Toyota hired an outside engineering firm, Exponent, to run tests on its electronic throttle controls. Executives later cited an interim report by Exponent finding no fault with the controls as evidence that the system worked as designed.

But the committee said Exponent only tested six vehicles and did not conduct any testing of real-world interference. Two outside experts who reviewed the report said it was so limited it was of little value. (read more)

However, your legal rights should not be forgotten. If you or a loved one have suffered loss or injury as a result vehicle fire, we’d like to help. Please contact the law offices of D. Hardison Wood to speak with an attorney who will fight to make sure your rights are protected.
 /ab

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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.

The model numbers included in this recall can be found here.
 

These models were found to have webbing on the harnesses that was not strong enough to withstand significant exposure to sunlight. The webbing, if exposed to substantial amounts of sunlight, may degrade to the point that it is no longer able to provide adequate protection to a child in the event of a collision.

This safety recall is expected to begin on or about February 2, 2010. Dorel Juvenile Group will be contacting all owners who have registered their CRS, and will send replacement kits, along with instructions, free of charge.

Owners may call Dorel Juvenile Group toll free at 1-866-690-2539. You may also call the National Highway Traffic Safety Administration’s Vehicle Safety Hotline at 1-888-327-4236, 1-800-424-9153, or visit www.safercar.gov.

If your child has been injured as a result of this defective child restraint system, please call our office at 1-877-829-7211 to discuss your potential claim.
 

 

/ab

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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.

Statistics show that in the 1990s, eighty percent of children riding in car seats and booster seats were improperly restrained. In 2005, a new study was conducted that found that 72.6 percent of the children observed were restrained improperly. The most common misuses found were loose harness straps holding the child in place, and loose seat belts holding the CRS (Child Restraining System) itself in place. Twelve percent of the children studied were not restrained at all.

Your child’s booster seat could be a key factor in saving his or her life in the event of a car crash. However, booster seats can only be useful if they are installed correctly and used properly on a day to day basis. The first step in ensuring safety for your child on the road is correct installation of the booster seat.

Useful tips for a successful booster seat installation can be found here and here.

Once your booster seat is installed, it is a good idea to make sure the installation was a safe and successful one. Go to www.seatcheck.org or call 1-866-SEAT-CHECK to find an inspection center near you. Trained and certified child safety seat technicians are there to ensure your child will be safe in his or her new booster seat.

If your child has been injured due to booster seat malfunction or incorrect installation, please call us at 1-877-829-7211 to discuss your potential claim.
 

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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.

Graco announced a recall of nearly 1.5 million strollers due to a potential finger amputation risk. The Graco Passage, Alano and Spree strollers and travel systems were involved in this recall. The hinges on the stroller’s canopy posed a dangerous risk to children’s fingers, either leading to fingertip amputation or serious laceration. The specific model numbers can be found here.

In addition, to Graco’s recall, Dorel Asia cribs recalled approximately 635,000 cribs due to an entrapment and strangulation risk with their cribs. The drop sides of the cribs have hardware which could fail, causing the drop side to fall, leaving space where a child can become entrapped, suffocate or be strangled. The damage can occur at anytime, in use, in storage, or even while it is being shipped or assembled. A list of the affected models can be found here. Immediately stop using the crib and find an alternative, safer sleeping environment.
 

If your child has suffered injuries from a product failure, please contact us immediately. call 24/7 at 1-877-829-7211.

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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.

In North Carolina, the law states that children must use booster seats until they are 8 years old and weigh at least 80 pounds. The penalty for not having your child properly restrained is $25. This, of course, is no comparison to the price that would be paid if a child were found unrestrained at the time of an accident.

The North Carolina Child Passenger Safety Law can be viewed here.

 

A short summary of the law can be viewed here.

 

For Frequently Asked Questions about the NC Child Passenger Safety Law, go here.

 

If your child has been injured in a car accident or as a result of a faulty booster seat, please call the law offices of D. Hardison Wood at 1-877-829-7211.

 

/ab

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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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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.
 

At the town hall meeting, some stats for the past two years were discussed.

So far in calendar year 2009, CPSC has had 38 toy recalls, which is down from 162 in 2008 and 148 in 2007. Toy recalls involving lead paint are also down. This year there has been 14 recalls involving lead, down from 63 in 2007 and 85 in 2008. CPSC attributes this decline to increased enforcement at the ports, cooperation with other nations, consumer awareness and education and compliance by the industry with new federal safety rules.

For 2008, the Commission has reports of 19 toy-related deaths and about 172,700 hospital emergency room treated toy-related injuries  to children under 15. Almost half of these injuries, approximately 82,300 were to children younger than 5 years of age. Most of the deaths were associated with drowning, motor vehicle involvement, or airway obstruction from a small toy or small part of a toy.
 

If your child has suffered an injury, please contact our office to discuss your potential legal matter. We can be reached toll-free 1-877-829-7211 or by email contact@hardisonwood.com.

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Audi has issued a recall of approximately 10,200 Audi A3, TT, and TT Roadster models for involving MY 2006 through 2010. It appears there may be an issue a spring found in the fuel tank ventilation valve, leading to its inability to close during extreme driving conditions. when not closed, fuel can leak out, and with an ignition source, could lead to a car fire.

VOLKSWAGEN IS RECALLING CERTAIN MODEL YEAR 2006 THROUGH 2010 AUDI A3, TT, AND TT ROADSTER PASSENGER VEHICLES MANUFACTURED BETWEEN SEPTEMBER 29, 2005 AND AUGUST 26, 2009. THE CLOSING FORCE OF AN INTERNAL SPRING OF THE FUEL TANK VENTILATION VALVE IS NOT ADEQUATE ENOUGH TO HOLD THE VALVE CLOSED UNDER EXTREME DRIVING CONDITIONS POSSIBLY ALLOWING FUEL TO LEAK.

 

If you have had a car fire and would like to discuss your situation with our firm, please contact us immediately at 919.233.0520.

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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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Nissan announced yet another recall of some of its Model Year 2008-2009 Rogues. This recall could affect approximately 163,659 units and involves a screw in the steering gear cover that may loosen and fall out, potentially resulting in complete loss of steering.

THE SCREW MAY EVENTUALLY COME OUT OF THE STEERING GEAR COVER. IF LARGE STEERING INPUTS ARE MADE WITH THE COVER SCREW MISSING THE PINION SHAFT MAY COME OUT OF THE STEERING GEAR RESULTING IN A COMPLETE LOSS OF STEERING CONTROL AND INCREASING THE RISK OF A CRASH.

This is yet another recall in a line of them involving the Nissan Rogue. Other recalls have involved problems with the software in the electrical system announced in October 2008, an air bag sensor issue in the passenger side causing the air bag to fail in deployment which was also announced in October 2008, and a tire pressure monitoring system issue leading to potential crash hazard, reported October 1, 2009.

If you have been the victim of a product defect, and would like to discuss your matter, please contact us at 919-233-0520.

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Toyota will be recalling nearly 3.8 million Toyota and Lexus vehicles. The report cites this recall will be in an effort to fix a safety problem where floor mats are jamming the accelerator. The unsecured floor mats are allegedly either getting caught or somehow jamming the accelerator to a point where the vehicles are speeding out of control. Some of these vehicles have led to horrible crashes killing innocent occupants. A recent crash has finally prompted Toyota to take some action according to NHTSA. Of course it remains to be seen if it truly is the floor mats causing these problems or if it possible there are other issues with these vehicles.

The impending U.S. recall, the largest in Toyota's ( TM - news - people ) history, followed a horrific crash last month in San Diego in which a mat was suspected of snagging a gas pedal on a runaway Lexus, ending with a fiery crash that killed four family members.

The recall will invlove the following models:

The affected vehicles include 2007-2010 Camry, 2005-2010 Avalon, 2004-2009 Prius, 2005-2010 Tacoma, 2007-2010 Tundra, 2007-2010 Lexus ES 350 and 2006-2010 Lexus IS 250 and IS350

To read the entire article click here.

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Trucks are involved in approximately 400,000 crashes each year according to the Federal Motor Carrier Safety Administration. NHTSA announced that it is going to require tougher braking standards on large trucks. The standard will govern the distance within which a truck traveling at 60 mph must stop.

The new standard requires that a tractor-trailer traveling at 60 miles per hour come to a complete stop in 250 feet. The old standard required a complete stop within 355 feet.

The press release says this standard will begin with the 2012 model year vehicles.The newstandard will not apply to single unit trucks, trailers and buses but rather only to truck tractors.

If you or a loved one has been involved in a truck accident and you would like to discuss it further, please call us 1-877-829-7211.

 

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When Chrysler filed for bankruptcy, individuals who has products claims against the manufacturer were barred from bringing their claim if it involved a product that was manufactured prior to the bankruptcy filing. This barred many people from recovering for their injuries. Now Chrysler has agreed to allow claims for products manufactured prior to the bankruptcy filing. However, they are only accepting claims that occurred Chrysler emerged form bankruptcy.

The automaker said it will now consider product-related lawsuits from consumers involved in accidents that occurred after Chrysler emerged from bankruptcy protection in June that involve vehicles manufactured by the old company.

Joanne Doroshow, executive director of the Center for Justice and Democracy, said Chrysler had "responded to pressure from injured victims and consumer groups and we commend them for taking this important step to protect public safety."

Doroshow said that "while this decision is a victory for consumers, there are still hundreds of people who were injured before the bankruptcies by defective Chrysler and GM vehicles that still have no recourse because the companies continue to take no responsibility for pre-bankruptcy deaths and injuries."

To read the entire article click here. If you have been injured by a product defect contact us.

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Roof crush standards currently require that the roof withstand 1.5 times its weight in a roll over. However, that is not strong enough to help occupants necessarily survive one of the deadliest types of crashes: car rollovers which kill approximately 10,000 people a year. Now, the US Transportation Secretary, Ray LaHood announced new tougher standards.

The new regulation from the National Highway Traffic Safety Administration will double the current roof strength requirement for light vehicles weighing up to 6,000 pounds. It specifies that both the driver and passenger sides of the roof must be capable of withstanding a force equal to three times the weight of the vehicle.

The current standard calls for roofs to withstand 1.5 times the weight of the vehicle, applied to one side of the roof, for light vehicles up to 6,000 pounds.

Heavier vehicles from 6,000 to 10,000 pounds, which have never been regulated, must now have both sides of the roof capable of withstanding a force equal to 1.5 times the weight of the vehicle.

According to the news release the phase in for these new standards will begin in 2012 and should be completed with the 2017 model year vehicles. The final rule can be found here.

If you or someone you know has been hurt in a motor vehicle crash and feel we can assist please contact us at 919-677-0144.

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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.

Child safety is a paramount concern- please keep a careful eye on your children as they swim and play near pools and spas this summer.

If your child is ever injured by a product defect or otherwise, and you would like ot disuss it, feel free to contact our firm at 919-677-0144. Child safety is something we focus on, and something that is extremely important to us.

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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

 

This new law was signed in August of 2008, and it almost made it illegal to see recalled products. If a reseller attempts to sell a recalled product he/she can held liable for both criminal or civil penalties.

These new regulations can be very confusing. The CPSC added this notice on January 30, 2009.

CPSC Grants One Year Stay of Testing and Certification Requirements for Certain Products

WASHINGTON, D.C. - The U.S. Consumer Product Safety Commission voted unanimously (2-0) to issue a one year stay of enforcement for certain testing and certification requirements for manufacturers and importers of regulated products, including products intended for children 12 years old and younger. These requirements are part of the Consumer Product Safety Improvement Act (CPSIA), which added certification and testing requirements for all products subject to CPSC standards or bans.

Significant to makers of children's products, the vote by the Commission provides limited relief from the testing and certification requirements which go into effect on February 10, 2009 for new total lead content limits (600 ppm), phthalates limits for certain products (1000 ppm), and mandatory toy standards, among other things.

The decision by the Commission gives the staff more time to finalize four proposed rules which could relieve certain materials and products from lead testing and to issue more guidance on when testing is required and how it is to be conducted.

The stay will remain in effect until February 10, 2010, at which time a Commission vote will be taken to terminate the stay.

The stay does not apply to:

• Four requirements for third-party testing and certification of certain children's products subject to:
  • The ban on lead in paint and other surface coatings effective for products made after December 21, 2008;
  • The standards for full-size and non full-size cribs and pacifiers effective for products made after January 20, 2009;
  • The ban on small parts effective for products made after February 15, 2009; and
  • The limits on lead content of metal components of children�s jewelry effective for products made after March 23, 2009.
• Certification requirements applicable to ATV's manufactured after April 13, 2009.
• Pre-CPSIA testing and certification requirements, including for: automatic residential garage door openers, bike helmets, candles with metal core wicks, lawnmowers, lighters, mattresses, and swimming pool slides; and
• Pool drain cover requirements of the Virginia Graeme Baker Pool & Spa Safety Act.

The stay of enforcement provides some temporary, limited relief to the crafters, children's garment manufacturers and toy makers who had been subject to the testing and certification required under the CPSIA. These businesses will not need to issue certificates based on testing of their products until additional decisions are issued by the Commission. However, all businesses, including, but not limited to, handmade toy and apparel makers, crafters and home-based small businesses, must still be sure that their products conform to all safety standards and similar requirements, including the lead and phthalates provisions of the CPSIA.

Handmade garment makers are cautioned to know whether the zippers, buttons and other fasteners they are using contain lead. Likewise, handmade toy manufacturers need to know whether their products, if using plastic or soft flexible vinyl, contain phthalates.

The stay of enforcement on testing and certification does not address thrift and second hand stores and small retailers because they are not required to test and certify products under the CPSIA. The products they sell, including those in inventory on February 10, 2009, must not contain more than 600 ppm lead in any accessible part. The Commission is aware that it is difficult to know whether a product meets the lead standard without testing and has issued guidance for these companies that can be found on our web site.

The Commission trusts that State Attorneys General will respect the Commission's judgment that it is necessary to stay certain testing and certification requirements and will focus their own enforcement efforts on other provisions of the law, e.g. the sale of recalled products.

If you have a child child safety concern and believe your child's legal rights may have violated, feel free to contact us to discuss your matter.

 

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According to an article we recently read, a new report, Ford Explorers in Fatal, Tire-related Crashes: Before and After the Firestone Recall, written by Randy and Alice Whitfield, discussed the finding that approximately 65% of  501 deaths occurred after the Bridgestone-Firestone Wildnerness ATX tire recall - which is what was blamed for 173 Explorer rollover deaths in 2000.  Apparently for two years following the recall, there was a decline in Explorer rollover deaths. However, after those initial two years, the death toll started to rise again. One could possibly conclude that a long-term solution to the tires and rollover related deaths has not yet been achieved.  One might also question, is there a deeper vehicle related issue.

Continuing to look at the tires is important, but also it may be important to look toward the steering mechanisms in the SUV, especially those in tire failure situations.

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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.

 

For more information on the Evenflo Majestic high chair recall please see the CPSC website here.

Lead paint is still a major issue with multiple products. As you look for furniture or holiday gifts for your children, please keep that in mind.

As a matter of fact, today, Munire recalled approximately 3,000 cribs and 6,000 pieces of matching furniture in the Newport Rubbed Black editions due to lead violations.

Hazard: The red paint which is underneath the black finish paint on some of the cribs and matching furniture exceeds federal lead limits. If ingested by young children lead can cause adverse health effects.

Incidents/Injuries: Munire has received one report of a child ingesting the paint. The child was diagnosed with lead poisoning.

For more information on this crib/furniture recall visit the CPSC website here.

In addition, Woodstock Percussion Inc.recalled approximately 2,800 toy drums due to a lead paint violation.

Hazard: Surface paint on the recalled toy drums contain excessive levels of lead, violating the federal lead paint standard.

To read the full notice, please click here.

Last week, Xtreme Toy Zone recalled about 480 toy dinosaurs due to a lead paint standards violation.

Hazard: Surface paint on the toy dinosaurs can contain excessive levels of lead, violating the federal lead paint standard.

Read the full notice here.

 

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A widow of a border patrol agent has filed a lawsuit against General Motors and Continental Tire Company. Her husband was riding in is patrol vehicle when the tire fell apart. The vehicle then rolled over causing severe head trauma due to the roof crush sustained in the roll.

Agent Webb's vehicle rolled, and the roof collapsed causing massive head injuries.

As we have learned defective tire production spans across many manufacturers. And as we have often discussed the head trauma caused by roof crush and the loose roof crush standards in vehicles often leads to catastrophic injuries or death.

If you or someone you know has been affected by a product failure, please contact us at 919-677-0144.

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A new investigative report by 10tv.com brings to light  a major issue regarding safety standards of a car's roof and its ability to withstand crush during a rollover. The testing has not been adequate but beyond that the standard which is currently in place,

"which has been in effect since the early 1970s, has been a total, ineffective disaster," according to Bryon Bloch, an automobile expert who has testified in courts across the U.S. about how weak roofs have led to serious injuries.

For years there has been talk about raising the standard, however, there are constant delays.

The NHTSA acknowledged that the standard was not good enough in 2005. That was when the agency announced that it should be improved from 1 1/2 to 2 times

Nearly four years later, the NHTSA has not improved the standard, Aker reported. Instead, it has issued a trail of statements announcing postponements, such as one from October saying, "We must ensure that any final rules we issue are as successful as possible... we need more time to complete a new roof strength standard."

In the meantime, while we are waiting for the standards to be reviewed and final changes made, as 10tv.com reports, "As many as 10,000 people are killed and 16,000 are injured in rollover crashes."

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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.

 

 

In addition, 600,000 Delta Enterprise Drop Side cribs have been recalled which were manufactured and sold between 2000 and 2007. The two notices can be here and here in their entirety.

With these recalls effecting an enormous volume of consumers, the CPSC announced that it is considering rulemaking with regards to crib defects.

Since the creation of the CPSC Early Warning System in fall of 2007, the agency has conducted five crib recalls where the hardware was broken, missing or otherwise failed to function. Cribs with drop sides are the type most likely to experience hardware problems. They contain more moving parts and have more non-rigid connections than static, or non-drop side cribs. In many cases the drop side corners disengage from the tracks located on the crib ends, or safety stops become nonfunctional permitting the drop side to detach from the crib. These types of defects are often undetected by parents or caregivers and can worsen when the baby pushes or leans against the side of the crib.

While the mandatory and voluntary crib standards have succeeded in preventing many deaths and injuries, the agency staff believes the performance requirements can be strengthened to deal with the problems identified by the Early Warning System. Therefore, agency staff will be recommending that the Commission vote to issue an Advanced Notice of Proposed (ANPR) rulemaking to examine and assess potential design and durability issues and possible mandatory performance requirements to prevent future entrapments and strangulations to children. If approved, the ANPR will seek input and information about hardware systems, other hardware issues, assembly and instructional problems and wood quality/strength issues for cribs with both stationary and drop side construction.

As these cribs fail, and caregivers are left unaware of the inherent dangers, the children are the ones who remain the victims. It would seem that more needs to be done with regard to the safety of the cribs which make it into the marketplace.

The CPSC offers the following as safety tips:

Safety Tips for all cribs:

• Parents should not use any crib with missing, broken or loose parts.

• Hardware should be inspected from time to time and tightened to keep the crib sturdy.

• When using a drop side crib parents should check to make sure the drop side or any other moving part operates smoothly on its track.

• Always check all sides and corners of the crib for disengagement. Any disengagement can create a gap and entrap a child.

• Do not try to repair any side of the crib without manufacturer approved hardware or with tape, wire or rope.

• Putting a broken side up against the wall does not solve the problem and can often make it worse.

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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.

 

We, at the firm,  are advocates for 5 point harness booster seats - while these booster seats referenced in the story utilize the car's seat belt, they merely deal with the the height issue and prop the child up higher to position the belt properly. They do not account for the weight of the child. Car seat belts are made for a minimum weight - usually much heavier than the average 4-6 year old. 

Also, make sure to check your state laws regarding the age AND weight requirements for children and child restraints in your state.

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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.

Avoid Children’s Clothing with Drawstrings

Drawstrings at the hood or neck area are a strangulation hazard. They can catch on playground equipment and other items. Remove hood and neck drawstrings from upper outerwear clothing already in your child’s closet, and do not buy children’s clothing that uses them.

Since 1985, CPSC received reports of 27 deaths and 70 non-fatal incidents involving the entanglement of children’s clothing drawstrings.

Movable Soccer Goals

Unsecured movable soccer goals can fall over and kill or injure children who climb on them or hang from the crossbar. Make sure soccer goals are securely anchored when in use. Never allow children to climb on the soccer net or goal framework. When not in use, anchor goals or chain them to a nearby fence post or sturdy framework. Since 1998, CPSC has reports of at least 7 deaths and an estimated 1800 emergency department visits by children younger than 16 years of age that are related to soccer goal tip-overs and structural failures. For more information on soccer goal safety, visit http://www.cpsc.gov/CPSCPUB/PUBS/5118.html

Playgrounds

Each year, more than 200,000 hospital emergency room visits are related to playground injuries. Most injuries occur when a child falls onto the playground surface.

Check with school officials to make sure that equipment has been inspected and maintained. There should be at least nine inches of safe, shock absorbing surface material, and proper clearance around the equipment. Make sure exposed hardware or free-hanging ropes are not part of the equipment. Ropes and clothing catching on exposed hardware can be strangulation hazards. Elevated surfaces, like platforms and ramps, should have guardrails to prevent falls.

School officials should be aware that shading at the playground with trees or other structures is an important consideration to reduce children’s exposure to the sun. Schools should also be aware that hot sun can make playground slides and black rubber matting burn hazards for children.

Listen to CPSC’s podcast on playground safety at http://www.cpsc.gov/mp3.html

We, at our firm,  hope that your children have a safe and productive school year!

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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.

In May 2006 the CPSC announced that drawstrings in children's outerwear and sweatshirts at the hood and neck,  were considered defective and posed a high risk for injury.

Young children can be seriously injured or killed if the upper outerwear they are wearing catches and snags on other objects. From January 1985 through June 1997, CPSC received reports of 21 deaths and 43 non-fatal incidents involving the entanglement of children’s upper outerwear having drawstrings. The ASTM standard addressing this issue (F-1816) took effect in June 1997. In the period since, we have seen a marked decrease in fatalities and incidents. We believe that many of the remaining injuries and deaths would be prevented if all children’s upper outerwear met the requirement of the ASTM standard.
Inasmuch as the ASTM standard has been in place for several years, the CPSC Office of Compliance staff considers children’s upper outerwear with drawstrings at the hood or neck area to be defective and to present a substantial risk of injury to young children under section 15(c) of the FSHA, 15 U.S.C. § 1274(c). Should the staff encounter such products, it will seek a recall of these products. There is no persuasive reason for children’s upper outerwear to be manufactured with drawstrings at the hood and neck area since products without these drawstrings have been on the market for many years.

Section 15(b) of the CPSA, 15 U.S.C. § 2064(b), requires every manufacturer (importer), distributor, and retailer of consumer products to report immediately to the Commission when it obtains information that reasonably supports the conclusion that a product distributed in commerce contains a defect that could create a substantial product hazard or creates an unreasonable risk of serious injury or death. The statute also provides for the imposition of civil penalties for failing to report the required information.

After obtaining information that supports a claim that a product is defective and can create a substainal risk of injury to the public, can cause serious injury or death, or violates a federal safety standard,  it is required that manufacturers, distributors and retailers report it to the CPSC within 24 hours.

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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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A lawsuit was recently filed in federal court in Kentucky. The mother who filed the lawsuit alleges that crocs which her daughter was wearing got caught in an escalator, which then shredded the shoe and consequently ripped off skin and breaking three toes.

The mother, Alison Cox Pregliasco, said her daughter's foot was caught in the escalator and permanently injured on June 4. Once the shoe was shredded, the escalator ripped the skin off the child's big toe and broke that toe and two others, according attorney Andrew Laskin.

There have been several stories in the recent past citing the dangers of crocs. Several of them have involved children on escalators and their crocs getting stuck.

Read the entire article on the lawsuit is the Atlanta-Journal.

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About 320,000 Jardine Cribs sold at Babies R Us have been recalled according to an announcement by the US Consumer Product Safety Commission. According to the  press release, the cribs' slats and spindles can  break  causing a gap which may lead to  entrapment or  strangulation of babies.There are several models included. The press release can  be read here.

Tags: Child Safety, crib, cribs, infant, liability, products, recall, safety

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