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

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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