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

The CPSC announced today that nine different manufactures and distributors are recalling more than 2 million units of pourable gel fuel due to serious burn injury risks. The recall involves:

Bird Brain Inc., Bond Manufacturing, Sunjel Company, Fuel Barons, Inc., Lamplight Farms, inc., Luminosities, Inc., Pacific Decor Ltd., Real Flame, and Smart Solar Inc.

The pourable gel fuel can ignite unexpectedly and splatter onto people and objects nearby when it is poured into a firepot that is still burning. CPSC is aware of 65 incidents resulting in two deaths and 34 victims who were hospitalized with second and third degree burns of the face, chest, hands, arms or legs.

 

Of the 65 incidents, 28 of them, including 37 burn injuries and two fatalities, occurred with fuel gel products made by Napa Home & Garden, which conducted a recall of its products in June 2011, in cooperation with CPSC. Also in June, CPSC issued a press statement alerting consumers to the hazards of pourable gel fuels. All pourable gel fuel, regardless of manufacturer, poses flash fire hazards. (More)

The product has been reportedly sold since 2008 and ranged in price from $5 to $20.

If you have suffered burn from a product defect, protect your legal rights. Contact the Law Office of D. Hardison Wood so we may investigate if a product defect exists. Call us 919.233.0520.

 

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The CPSC said it is investigating possible structural defects that may have caused the bleachers to collapse during East Carolina's first home game this month. According to reports severl people were injured when three to four rows gave way.

Three to four rows of seating gave way, injuring several spectators. Officials removed about 30 other bleachers that showed signs of failing. (Story)

There are reports that the belachers became unattached to the concrete stadium and were part of a new addition to the stadium that wsa put in place over the summer.

ECU officials told WCNT that the bleachers somehow became unattached to the concrete of the stadium. The bleachers were in a new addition to the student section built over the summer. (Story)

If you have been a victim of a product failure or any other personal injury contact the Law Office of D. Hardison Wood -  919-233-0520 today!

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The CPSC announced this week that another type of baby hammock has been recalled due to a suffocation hazard. MamaLittle Helper, LLC manufactures the hammocks. The side to side motion can cause the baby to roll and become entrapped.

The side-to-side shifting or tilting of the hammock can cause the infant to roll and become entrapped or wedged against the hammock's fabric and/or mattress pad, resulting in a suffocation hazard. Read the notice here

 

The CPSC recommends to immediately stop using this product. Approximately 500 units have been recalled.

If your child has suffered an injury, contact to the Law Office of D. Hardison Wood to preserve their legal rights. Call 919-233-0520.

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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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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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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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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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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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Two suits have been filed recently bringing into the question design flaws in the Yamaham Rhino ATV.

On June 10, 2005, the Mitchells' daughter was riding as a passenger in Rhino ATV when during normal operation the vehicle tipped over onto the passenger side. She suffered severe injuries to her knee, arm, foot and ankle, requiring surgery and the amputation of four toes on her right foot.

Jeffrey Lambert, a 47-year old physician's assistant and former captain in U.S. Air Force, filed a personal injury lawsuit against Yamaha for the catastrophic injuries he suffered. On August 17, 2007, the Rhino Lambert was driving tipped over at a low rate of speed. Read the Article here

Stability seems to be a common question and common design flaw in ATVs that we have been hearing and seeing lately in our own practice. Manufacturers must be held accountable when they do not make changes to their dangeorusly designed products especially  when they have inexpensive alternative designs and modfications available.

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Evenflo has announced a recall of  over 1 million car seats. Please ensure your child's car seat is not affected.

Make / Models :		Model/Build Years:
EVENFLO / 390 (DISCOVERY)		2005-2008
EVENFLO / 391 (DISCOVERY)		2005-2008
EVENFLO / 534 (DISCOVERY)		2005-2008
EVENFLO / 552 (DISCOVERY)		2005-2008
Recall Number:	08C002000
Summary:
EVENFLO IS RECALLING 1,000,000 MODELS 390, 391, 534, AND 552 DISCOVERY CAR SEATS OR ASSOCIATED TRAVEL SYSTEMS MANUFACTURED FROM APRIL 2005 THROUGH JANUARY 2008. IN RECENT LABORATORY TESTS CONDUCTED BY EVENFLO AND NHTSA TO EVALUATE THE PERFORMANCE OF THESE SEATS IN HIGH IMPACT SIDE COLLISIONS, IT WAS REVEALED THAT THE CAR SEAT COULD POTENTIALLY BECOME SEPARATED FROM ITS BASE UNDER THESE CONDITIONS.
Consequence:
SERIOUS INJURY OR DEATH COULD RESULT IF THE CAR SEAT BECAME SEPARATED FROM ITS BASE.
Remedy:
EVENFLO WILL NOTIFY REGISTERED OWNERS AND PROVIDE A FREE SUPPLEMENTAL DUAL-HOOK FASTENER TO ENSURE THAT THE CAR SEAT REMAINS ATTACHED TO ITS BASE IN A HIGH IMPACT SIDE COLLISION SIMILAR TO THOSE IN THE RECENT TESTS. THE RECALL IS EXPECTED TO BEGIN DURING FEBRUARY 2008. TO OBTAIN THE FREE FASTENER, OWNERS SHOULD CALL EVENFLO AT 1-800-356-2229 BETWEEN 8 AM AND 5 PM EST OR ORDER ONLINE AT THEIR WEBSITE AT WWW.EVENFLO.COM/DISCOVERY.
Notes:
EVENFLO HAS NOT MADE A DECISION THAT THESE UNITS CONTAIN A SAFETY RELATED DEFECT, HOWEVER EVENFLO WILL PROVIDE A FREE SUPPLEMENTAL DUAL-HOOK FASTENER. 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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Something we may not link commonly link together are upholstered furniture and home fires. However, home fires involving upholstered furniture can spread more quickly. The CPSC took action on this very fact and issued the following statement:

WASHINGTON, D.C. - The U.S. Consumer Product Safety Commission (CPSC) voted unanimously (2-0) to issue a notice of proposed rulemaking (NPR) on a new mandatory standard to address residential upholstered furniture fires.

The goal of the proposed standard is to prevent ignition or slow the spread and intensity of upholstered furniture fires. These fires cost the U.S. about $1.6 billion each year. CPSC staff estimates the proposed standard, once fully effective, would prevent an estimated 100 deaths and 130 injuries every year.

“Fires involving upholstered furniture are a leading cause of fire-related deaths in U.S. homes,” said CPSC Acting Chairman Nancy Nord. “Stopping a furniture fire in its tracks or slowing its spread would buy consumers precious time to get out of their homes.”

Under the proposal, manufacturers could meet the performance standard by using smolder-resistant cover fabrics or interior fire resistant barriers to protect the furniture’s internal filling material which is the primary fuel in an upholstered furniture fire.

The CPSC’s objective is to reduce the fire risk in upholstered furniture without requiring the use of fire retardant chemicals. Manufacturers will not be required to use chemicals to meet the proposed standard. In its environmental assessment, CPSC staff projects most manufacturers and importers would likely choose options that do not involve fire- retardants in fabrics or filling materials.

“CPSC is now on track to develop a mandatory safety rule that will save lives and protect consumers,” added Acting Chairman Nord.

An NPR is the second step in the agency’s three step rulemaking process.

Read More

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I came across a new site  that discusses common mistakes made with car seats...With such an important child safety issue, we felt it important to post some of the information here.

Most parents understand the importance of putting their children in car seats, especially their younger kids, but reports still show that 80% of kids aren't secured correctly in a car seat.

Among the easiest mistakes to avoid is to just make sure that your child is in the correct car seat for his age and that he is facing the right direction.

• Infants should be in a rear facing infant only seat or convertible seat until they are 1 year old AND twenty pounds. Children who reach twenty pounds before their first birthday still need to face backwards and can be moved into a rear facing convertible seat. Smaller infants who don't reach 20 pounds until after their first birthday should also continue to face backwards. This is more a minimum though. Many people advocate continuing to sit toddlers rear facing in a convertible seat until they outgrow it for added safety.
• After they are twenty pounds and have passed their first birthday, toddlers can use a forward facing car seat (either a convertible, combination or forward facing seat) until they are about 40 pounds.
• Children over forty pounds should be placed into a belt positioning booster seat (either a combination seat or booster seat) and they will usually stay in it until they are at least 8 years old.
• You should not use your car's regular seat belts until they fit correctly when your child is about 80 pounds and is 4ft 9 inches tall. Remember that your child will not be ready to use regular seat belts until the shoulder strap fits across his shoulder and not his neck, and the lap belt fits across his hips and not his stomach.
• All children under 12 years of age should be placed in the back seat of the car, especially if you have passenger side air bags.

Read the entire article here. While car seat litigation is on the rise for those car seats that do fail to keep children safe during accidents, it is important as parents that we take the time to learn which car seat is the right fit for our child as well as the proper way to secure  them.

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As  we know sports injuries are all  too common in  high schools across the nation.  The injuries are not exclusive to the sport, they happen in everything, football, soccer, baseball, basketball, hockey and more.  It is a promising idea to us that there are studies such as the  this one    where there are monitors placed inside the helmets of football players.  These monitors register to a laptop on the sidelines indicating what type of blow to the head the player just received.

The purpose of the high-tech headgear, which uses six strategically placed, spring-loaded accelerometers to wirelessly beam information to a Web-based system on a laptop computer on the sidelines, is to more effectively – and more immediately – detect when blows to players’ heads may result in concussions or more severe brain injuries.

This also opens the opportunity to better pad the helmets by learning where the hits are causing the most damage. 

“We will look at how hard and where they get hit,” he said, adding that one possible outcome of the work may be determining the need to develop a different type of helmet for high school athletes.

“We may find they’re getting hit in different places and need more padding in those areas of the helmet, for example.”

This is so important, as high school students' brains may not be fully developed and furthermore,  the damage that these injuries cause could evolve over years.

Unfortunately, Broglio said, “what other researchers are finding is that people with multiple concussions have incurred Alzheimer’s Disease at a higher rate. Getting their ‘bell rung’ as high school athletes may have permanent repercussions. There seems to be a link.”

It seems this study certainly is a step  in the  right  direction to protecting our children.

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This is a very unfortunate story, and our thoughts and  prayers go out to this child's family. 

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