Product Liability Attorneys Blog

The U.S. Consumer Product Safety Commission, the organization dedicated to ensuring consumer products are safe, recently reported that recalls of child toys are down.

That's likely because there are plenty of stringent guidelines that companies must take into consideration when they are producing consumer goods, especially children's toys. Still, that doesn't necessarily mean that every single new toy this holiday season is going to be safe for children. That is why parents and other adults who buy toys must remain vigilant.

Our product liability lawyers have seen children injured or killed because of bad products. And, sadly, it usually takes a tragic accident or more than one incident before companies voluntarily recall products that are defective.

And sometimes it requires more than one accident before companies are willing to admit fault. They are sometimes forced into it by the CPSC and other safety organizations. Manufacturers of toys and other products realize that a recall means bad public relations and a big loss of money. Yet, they don't consider the harm that can be done to the consumers they are catering to -- children.

The recent press release reports that stronger federal rules about production of toys and other children's goods are helping to restore the public's confidence in toy safety. There are some new toy safety guidelines:

• Low lead content and lead paint limits worldwide


• A stringent limit on phthalates


• Converting voluntary toy standards into mandatory standards


• Third-party testing required and certification for toys aimed at children 12 and younger


• New limits for cadmium in toys


• Tracking shipments with border protection agencies to increase seizure of dangerous imported toys

Since 2008, there has been a decrease in the number of toy recalls. In the fiscal year for 2011, there were 34 recalls, down from 46 the year before, 50 in 2009 and 172 in 2008.

Small balls, rubber balls and balloons were attributed for nearly half of the 17 fatalities reported in 2010. That was up 2 from 2009. This shows that there are still inherent risks for certain types of toys. Consumers must use common sense when considering which toy to buy.

Some safety tips for consumers:

Balloons: Children can choke or suffocate on deflated or broken balloons, so throw them away if they're broken.

Small balls and toys with small parts: Keep away from children under 3.
Scooters and riding toys: They can go fast and falls can be fatal. Require helmets and safety gear.

Magnets: For children under 6, avoid toys with magnets.

Everyone wants their children to enjoy the toys we buy them, but we don't want them to be harmed. Take a common sense approach to products that you may question as being dangerous. Regulators can only do so much to make a difference. Your children are relying on you.

Continue reading "Government Reports Toys Safer This Holiday Season, But Defective Products Still Exist" »

With Halloween passing and Thanksgiving on the horizon, the holiday is officially here. And that also means that parents will be shopping for presents for their children.

As the U.S. Consumer Product Safety Commission recently reported, Spin Master Inc. agreed on payment of a $1.3 million civil penalty for not reporting the defective and hazardous nature of Aqua Dots. The children's craft kit stuck together when water contacted it, allowing children to create different shapes.

Defective products come in all shapes and sizes. For children, there are millions of toys available at department stores, specialty toy stores and online. While the first thing people may look for is what the child is interested in, they must also consider the potential risks of the toy.

Our defective product attorneys have seen many children harmed by dangerous products. Like any industry, the toy industry rewards those who get their products out quicker. The more advertisements on television and in weekly fliers, the more profits between now and the new year.

But companies are required to test products to ensure they are safe. And they must report if there are defects that could pose a safety risk to children. In October 2007, Spin Master received reports that children were becoming sick after swallowing Aqua Dots. The company also found out the children who ingested a similar product containing TMG were also getting sick. That product was manufactured oversees.

The next month, the company received reports that children had ingested its product, fallen ill and into comas and required hospitalizations. It took several days before the company and the CPSC recalled about 4.2 million packages of the product. The recall noted that children who swallow the beads can fall into comas, have seizures or develop respiratory problems as a result.

The kits were sold for between $17 and $30 from April to November 2007. Spin Master had an outside testing company analyze the toxicity of the product, but the CPSC found it to be inadequate. Federal law requires companies to report problems within 24 hours after hearing of a defect than can cause injury, potential harm or death.

But companies often will wait longer, taking time to strategize about the best way to handle the situation rather than focusing on the safety and well-being of consumers.

This holiday season, please do a good job of looking at the products you are buying for children in your family. Be sure there isn't a choke hazard or that the child is old enough to avoid a potential problem. Some companies won't take the time to warn consumers until it's too late, so consumers must take on that role themselves. The holidays are the time of year we most often bring new products into the home. Too often, a victim and family blame themselves for injuries caused by defective products. Such cases should always be reviewed by experienced legal counsel.

Continue reading "As Holidays Approach, Beware of Defective Child Products" »

A New Jersey-based toy company has been fined $1.1 million by the U.S. Consumer Product Safety Commission because it didn't report that a toy dart gun set was a choking hazard to children.

With the holiday season near and toy companies rushing to put out millions of toys, there are bound to be defective children's products on the market this time of year.

Sadly, the companies that are seeking the millions of dollars in revenue are sometimes more concerned with producing toys than ensuring they are safe. While there are standards that must be met, corners are cut in order to push the products onto the shelves faster. And to maximize profits, of course.

This means that parents must be ever more vigilant when looking over presents, deciding what to buy and watching their children when they play -- particularly with new toys. Injury cases can range from the minor to tragic disfigurement, amputation injuries, suffocation and death. Consumer protection lawyers work to hold defective product manufacturers accountable.

In this case, the Plainfield, N.J. company, didn't report a defect in the "Auto Fire Target Set" under federal law. The company knew in 2006 that the toy set was defective because if children place the soft plastic toy dart in their mouths, it can be inhaled and block their airwaves, causing them to lose the ability to breath.

The company recently agreed to the $1.1 million settlement with the commission, which is charged with ensuring product safety by enforcing federal laws. When staff investigated the issue in 2009, it alleges the company misrepresented the problems with the product and its knowledge of the defect.

In May 2010, 1.8 million of the sets were recalled by the commission and Family Dollar Stores because the company refused to conduct the recall. By then, three children had died as a result of choking on the dart sets. Family Dollar exclusively sold the toys between September 2005 and January 2009 for $1.50.

Federal laws state that manufacturers, distributors and retailers report within 24 hours after they get information that a product contains a defect that could cause a hazard, creates a risk of serious injury or death or doesn't comply with consumer product safety rules.

In agreeing to the settlement, the company denies allegations that there was a defect or it violated the law, the commission states.

While a settlement may allow the company to deny any allegations of wrongdoing, the allegations were that the company sold a bad product and clearly didn't take the steps to correct the problem. Three children died as a result. These were preventable deaths that didn't need to happen.

So, as we approach the holiday season and you consider buying toys or other products for your children, don't just look at price. Consider the potential hazards that such a product may pose, because the company that made it may not have taken that into consideration in its rush to make money.

Continue reading "Company Fined $1.1 Million For Not Reporting Choking Hazard in Toy Gun Sets" »

The U.S. Consumer Product Safety Commission announced recently that Little Tikes has expanded its recall of toy workshop and tool sets because of choking hazards for small children.

You'd think by now companies who create children's toys wouldn't create small, plastic pieces that are easily swallowed by kids. Defective children's products in Washington D.C., New York, Florida and throughout the country pose a health risk to young kids everywhere.

Our New York product liability lawyers never like talking with family members of someone who died because a product didn't work like it was supposed to. It's heart-breaking when a child is lost because they choked on a toy that had design flaws. The bottom line is these companies must be held liable for their negligence.

It's inexcusable that companies rush their designs to the production lines just to make more money -- particularly when those products are marketed to families with young children.

It's October, which means the holiday season is just ahead of us. Many people will be shopping for toys for family members and their own children. This is a time for parents to be extremely cautious of new toys and to keep an eye on infants and toddlers, who are more apt to put toys in their mouths.

According to the CPSC, Little Tikes, a Hudson, Ohio company, recently expanded its recall of the Little Tikes Workshop and Tool Sets. More than 1.7 units, on top of the 1.6 million that were recalled in August 2009 are now being recalled.

The oversized, plastic toy nails have been identified as being a choking hazard to young children. There have been two incidents in which small children choked on the toy nail after it became lodged in their throat. The CPSC reports both children were treated at a hospital and made full recoveries.

The toy nails are a little more than 3 inches by 1 inch and are made with soft plastic, easily able to be swallowed by young children. These sets were sold nationwide and with millions of them sold, the company brought in millions of dollars between 1990 and 2004. The sets sold between $25 and $100.

The company should be contacted if you have purchased this set in order to get a refund. Little Tikes can be contacted at 1-800-321-0183 between 8 a.m. and 8 p.m. EST.

Please take note of product recalls, which can range from children's toys to products that cause electrical short circuits to vehicles that have a problem with the braking system. Companies often bypass safety and sacrifice it to make more money. This is a shame, but it's something we must live with in these competitive times in the global marketplace. This means consumers must be even more diligent in checking products for safety concerns.

Continue reading "Toy Workshop Sets Pose Choking Hazard in New York, Nationwide" »

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" »

The government has announced a recall of an unknown number of "SafetyCraft" drop-side cribs that were manufactured by a now-defunct company, the Consumer Products Safety Commission reports.

Our defective product lawyers reported earlier this month on our Product Liability Attorneys Blog that the government has announced a halt in the production of drop-side cribs late last year after decades of serious and fatal injuries to infants. Unfortunately, these cribs will remain on the secondary market for years to come.

In this case the manufacturer, Generation 2 Worldwide, ceased operations in 2005, leaving the government with little information about the number of these cribs in circulation and where they were sold. The name "SafetyCraft" appears on a label on the crib's headboard and footboard. They are used in child care facilities as well as in homes.

The cribs have plastic hardware that can break, creating a space where an infant or toddler can become wedged or entrapped. A suffocation or strangulation hazard results. There have been three infant deaths and 20 injury incidents involving a previously recalled crib manufactured by the company.

While parents would prefer to assume that products marketed to children are largely safe from serious or fatal defects, nothing could be further from the truth. In reality, the government recalls hundreds of children's toys and other products each year.

Other child products recalled so far in February include:

--Burlington Basket Company Bassinets: 500,000 are being recalled because a cross-brace may not full lock, resulting in collapse.

-IKEA SNIGLAR Crib: Mattress support may detach and collapse, creating a suffocation and entrapment hazard.

--Walt Disney Watches: Can burn skin or cause allergic reactions.

-Kristi G SwimWays Child Chair: Chairs may tip over.

-Summer Infant video baby monitors: 1.7 million recalled after two infants strangled to death on the cord.

Continue reading "Rash of Child Product Recalls Illustrates Dangers of Defective Products" »

The Consumer Products Safety Commission has established the Crib Information Center in the wake of December's long-overdue ban on drop-side cribs.

The government issued more than two dozen recalls for defective cribs in 2010. And the dangers of drop-side cribs have been well-known for more than two decades. Tragically, government inaction and a reckless disregard for child safety on the part of manufacturers have led to the preventable deaths of dozens of infants. Each year, hundreds of toys and other products marketed for children are recalled. Consulting a child products injury lawyer is the best course of action when dealing with the injury or death of an infant as the result of a defective crib, car seat, stroller, highchair or other dangerous product.

In May 2010, the government reported at least 32 infants died as a result of suffocation or strangulation in a drop-side crib during the past decade. At least 14 others died as a result of becoming entrapped.

New rules issued in December provide mandatory standards for baby cribs. The standards had not been updated in early 30 years. The new requirements call for manufactures to stop making drop-side cribs, to make mattress supports stronger, to make cribs more durable, and to put products through more rigorous safety testing.

Parents are encouraged to use the CPSC site to ensure they are not using a recalled crib. Information on the government's crib safety campaign and other safety tips are also available.

"Nurses will not allow newborn babies to leave the hospital without parents having a safe car seat. I also believe that we need to make sure that new parents provide a safe crib, bassinet or play yard for their babies to sleep in," said CPSC Chairman Inez Tenenbaum. "By reaching new parents before they leave the hospital and again when they visit their pediatrician or health clinic, we hope to prevent deaths and ensure that all babies have a safe sleep."

Continue reading "Government Offers Resources for Crib Safety, Index of Child Product Recalls" »