Product Liability Attorneys Blog

The U.S. Consumer Product Safety Commission recently announced that giant retailer Macy's agreed to pay a $750,000 civil penalty for selling children's outerwear with neck drawstrings, which pose strangulation risks, and some clothing that had been recalled, The Associated Press reports.

Many think of defective products for children typically as strollers, cribs, car seats, bedding and other products that get recalled because tots can get their fingers pinched or because they are manufactured improperly. Most consumers have few concerns about clothing, so it's scary to think that clothes for kids can be a potential hazard. But our product liability lawyers in Washington D.C., New York and Miami are prepared to work on behalf consumers injured by any type of defective products.

Macy's denied the U.S. Consumer Product Safety Commission's assertion that it knowingly violated the law. The commission alleged that the retailer failed to immediately report it had sold children's sweatshirts, sweaters and jackets with drawstrings at the neck between 2006 and 2010. The clothing was also sold at Macy's-owned stores, including Robinsons-May and Bloomingdale's. The products had been recalled but the store continued selling them, according to the government.

The commission received 28 reports of children who have died since 1985 when drawstrings became entangled with an object, The Associated Press reports.

Federal law requires manufactures, distributors and retailers to report to the CPSC within 24 hours of obtaining information reasonably supporting the conclusion that a product contains a defect which could create a potential hazard, creates an unreasonable risk of serious injury or death or fails to comply with any consumer product safety rule.

In 1996, the CPSC issued guidelines to prevent children from strangling or getting entangled in the neck and waist drawstrings of upper outerwear, such as jackets and sweatshirts. In 2006, the commission announced that children's upper outerwear with drawstrings would be regarded as defective and presented a substantial risk to young children.

To see a list of products that were recalled and still sold at Macy's stores, click here. A press release provides links about the products as well as pictures.

According to Macy's, the company had 2010 sales of $25 billion and includes 810 department stores and furniture galleries in 45 states, the District of Columbia, Guam and Puerto Rico. Bloomingdale's has 41 stores.

It's scary that retailers, especially one as large as Macy's, would withhold information from consumers, especially when they pour $25 billion into the company each year. Consumers are injured and even killed each year from products that fail to work as they should. And our children, especially, should not be put at additional risk simply for wearing a certain style of clothing.

Our firm is dedicated to helping consumers who have been hurt by products they purchased with their hard-earned money. And consumers themselves can take action. The commission recently created Saferproducts.gov, which allows everyone access to information about the products they choose to purchase. Learn more about this tool at Product Liability Attorneys Blog.

Continue reading "Macy's Fined $750,000 For Failing to Report it Sold Children's Clothes That Posed Choke Hazard" »

With the Fourth of July right around the corner, families will be celebrating during the holiday weekend with swimming, fireworks and barbecues.

But the U.S. Consumer Product Safety Commission has put out warnings about fireworks and has recalled a certain type of lighter fluid.

Our product liability attorneys believe it is important to be extra vigilant when it comes to safety during this holiday weekend. Consumers will be using many products in celebrating time off from work or spending time with family and friends. Defective products can turn a joyous celebration into a tragedy.

The commission recently issued a recall of NAPAfire and FIREGEL lighter fluid products. Along with the commission's recommendation, the company voluntarily recalled about 460,000 bottles and jugs of the product.

According to the commission, 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. This hazard can occur if the consumer doesn't see the flame or isn't aware that the firepot is still ignited. Splattered fuel gel can pose fire and burn risks to consumers.

Consumers are warned to immediately stop using the pourable gel fuel and return the one-quart or one-gallon containers to the retailer where they were purchased. They are sold online as well at Bed Bath & Beyond, specialty and garden stores nationwide.

According to the National Fire Protection Association, there were about 7,700 annual fire department calls of home fires involving grills between 2004 and 2008. The fires caused $70 million in property damage.

And the association reports that flammable or combustible gas or liquid was the item first ignited in half of home outdoor grill fires. So, it is important to be especially careful when using a grill this summer.

And with barbecues and parties will come fireworks this holiday weekend. Fireworks are fun, but pose serious health risks that many people may not consider. According to the commission's 2010 fireworks report, about 8,600 people were injured in 2010 from fireworks and three people were killed.

Most of those who were injured -- about 6,300 -- were hurt between June 18 and July 18 of 2010, the prime time for fireworks usage. Sparklers contributed to 1,200 injuries and rockets and small and large firecrackers were also to blame.

Children younger than 19 made up 52 percent of those who were injured and 65 percent of those injured were male. Burns were the most common type of injury, along with contusions and lacerations, fractures and sprains and other types of injuries. Hands and fingers, eyes, heads, legs and arms were the most common places on a person's body injured from fireworks.

While all these statistics don't mean you are likely to be injured, the danger is there and our firm hopes you will heed to these safety tips if using fireworks this summer:

• Never allow young children to play with or ignite fireworks.
• Avoid buying fireworks that are packaged in brown paper because this is often a sign that the fireworks were made for professional displays and that they could pose a danger to consumers.
• Always have an adult supervise fireworks activities. Parents don't realize that young children suffer injuries from sparklers. Sparklers burn at temperatures of about 2,000 degrees - hot enough to melt some metals.
• Never place any part of your body directly over a fireworks device when lighting the fuse. Back up to a safe distance immediately after lighting fireworks.
• Never try to re-light or pick up fireworks that have not ignited fully.
• Never point or throw fireworks at another person.
• Keep a bucket of water or a garden hose handy in case of fire or other mishap.
• Light fireworks one at a time, then move back quickly.
• Never carry fireworks in a pocket or shoot them off in metal or glass containers.
• After fireworks complete their burning, douse the spent device with plenty of water from a bucket or hose before discarding it to prevent a trash fire.
• Make sure fireworks are legal in your area before buying or using them.

Continue reading "Fireworks, Lighter Fluid Cause Injuries This Fourth of July" »