Florida Injury Lawyer Blog

Now that the holiday season is here, most homeowners can expect more traffic in front of their home. Guests and family may be arriving for festivities. Delivery personnel may be arriving with packages of gifts. Carollers may be present in some communities and in some cases charities send out door-to-door solicitors at this time of year.

While most of us are happy to open our homes to guests at this time of year, more visitors can mean less time and a greater risk of premises liability problems. With winter conditions and less time to spend cleaning up, your premises may pose a risk for slip and fall injuries, which can lead to bone fractures, head injuries, and other serious injuries. To protect your guests and to protect yourself as a homeowner, remember to:

1) Do a through sweep of the premises before the holidays begin. Are there broken gates or lights that pose a danger? Is there a leaking gutter that is causing a pool of water to form on a walkway? Identify possible dangers and have them fixed promptly. For things that cannot be fixed at once, be sure to pose a notice about the danger to alert any visitors to the problem.

2) Take extra precautions if you are going away for the holidays. Even if you are away, you may be responsible for keeping your outside areas safe. If a child wanders into your backyard due to a faulty gate, for example, and falls into your pool, you may be held liable, even if you are not at home at the time of the incident. If you are going away for the holidays, secure your home very well and hire someone to check in on your property periodically.

3) Hire outside help if you cannot keep up with maintenance work. If you cannot keep your outdoor areas clean and safe, it may be best to hire contractors to clear away water, debris, and other dangers periodically.

4) Keep your home well-lit at night. Poor lighting contributes to many slip and fall accidents. Install motion-detector lights or bright lights along walkways to help visitors reach your home safely.

A non-profit group, World Against Toys Causing Harm (WATCH), has released its annual list of toys that parents should be wary of. These toys are most likely to cause injuries to children and minors. The toys that made the 2008 worst list include:

1) Sportsman Shotgun. Groups allege that this toy looks too much like a real gun and should in fact not be retailed as a toy at all. Children can load rubber bullets into the gun’s magazine and shoot them out. Experts claim that this poses a risk for eye injuries and other injuries as well. Shots fired at close range can be painful and dangerous.

2) Go Go Minis Pullback Vehicle. This toy is essentially a mini truck. The back tires on the garbage truck, fire truck, and school bus models are removable, however, and the small tires, once removed, pose a choking hazard. There is a “choking hazard” warning message, but this warning appears on the box only, not on the trucks.

3) Inflatable Giga Ball. This toy is inflatable ball into which children are allowed to crawl. The package of the toy indicates that parental supervision is required and indicates that the toy should not be used in the water or on hills. However, the warning message on the toy itself has no warnings other than a “recommendation” for parental supervision. Experts claim that the toy poses impact and other serious injuries.

4) Animal Alley Purse Set. These animal plush toys are marketed for infants. The pony toy from this brand has a mane and tail that can easily be removed and can pose a choking risk or ingestion risk when it is removed. Neither the toy nor the packaging warns parents of this risk.

5) Spider-Man Adjustable Toy Skates. These toy skates are marketed for children between the ages of 3 and 6. The packaging of the toys recommends that children using the skates wear knee pads, helmets, wrist guards, as well as elbow pads while using the skates. However, the product only comes with knee and elbow pads. Experts suggest that the toy could cause serious injuries.

Continue reading "2008 “10 Worst Toys” Highlight Key Products Liability Issues" »

World Against Toys Causing Harm (WATCH), a non-profit corporation, held its annual conference last month to warn parents and gift-buyers of dangers in the toy industry. The group used the conference to call for more accountability in the toy industry and clearer labels to alert buyers to possible product dangers. WATCH also released its annual “10 Worst Toys” list and highlighted the 66 toy recalls this years, recalls with resulted in 7,890,000 units of toys being yanked from the shelves.

44% of toy-related fatalities are caused by choking, and the Consumer Product Safety Commission (CPSC) recalled at least 25 toys this year that pose this risk. In addition, 26 toy recalls this year were due to high levels of lead. According to WATCH, the multiple recalls and the poor labeling on many toys can be seen as an indication that some in the toy industry are putting profitability ahead of consumer safety.

WATCH points out that parents need to be aware of the fact that just because a toy has not been recalled, that does not necessarily guarantee that it is safe. Many unsafe toys remain on shelves, despite the efforts of the CPSC. These toys may pose strangulation risks, risks of puncture wounds, burn injury dangers, impact injury risks, and many other perils.

Each year, children are treated in emergency rooms or are killed due to unsafe toys. Legislation is being passed to help improve toy safety. In 2008, The Consumer Product Safety Improvement Act of 2008 was signed into law. The act gives the CPSC more power to regulate and stop those toy manufactures who distribute and create unsafe toys. However, much of the strictest legislation will not be passed until next year.

WATCH points out that the sheer scope of the toy industry may make it hard for the CPSC and other industry authorities to crack down on unsafe toys. The toy industry is a $30 billion a year industry, selling 3 billion toys in this country each year. Policing every manufacturer, importer, and retailer may simply require more resources than are currently in place. Additionally, as WATCH points out, some toys are sold through small dollar stores or through non-traditional means, such as eBay or used goods stores. Policing these retailers is much harder and the responsibility of these retailers is also sometimes more nebulous.

Therefore, WATCH recommends that parents do their own policing by checking each toy against official recalls. WATCH and other industry experts also suggest that parents carefully look over every toy their child receives to check for potential dangers.

After the multiple toy recalls of 2007, many parents believe that 2008 will be a safer year to buy toys. If the toys are bought at large toy retailers or from major toy manufacturers, parents are correct. Many large stores – including Walmart, Target, Toys"R"Us, and others – have begun testing the toys they sell independently, while large manufactures such as Mattel have instituted strict new rules to ensure that toys rolling out of the factories meet or exceed all safety guidelines.

Despite this good news, however, several sources – including the Consumers Union – report that product recalls are actually up this year. The Consumers Union claims that product recalls increased 19% in 2008, with two-thirds of the recalls affecting products for children. Nearly a quarter of the recalls involved lead.

According to the Consumers Union, the majority of products – 97% -- that were found to be unsafe were imported. 81% of the unsafe products were made in China. The Consumers Union reports that 3 million products recalled were sold at three dollar stores -- Dollar General, Dollar Tree Stores and Family Dollar.

The Consumers Union suggests that parents can keep their families safe by using caution when shopping at dollar stores. The organization also suggests that parents use extra precautions when buying used goods. According to the Consumers Union, parents should check all products they are considering purchasing and all existing products in their home
at www.recalls.gov to determine whether any of the products have been affected by recalls. Parents may be surprised to learn just how many products pose choking or burn injury risks.

The Consumers Union points out that most dangerous products are only found to be dangerous after they are purchased or are imported to stores. It is therefore the responsibility of parents to ensure that the toys they bring into their homes are safe. The Consumers Union is agitating to increase the responsibility of manufacturers, importers and retailers, but new legislation may take years.

A number of toy safety groups -- including World Against Toys Causing Harm (WATCH) are also good resources for parents. Most experts agree that a healthy dose of caution and some research are needed to prevent injuries against children and minors. Many parents are simply choosing to shop with major retailers to avoid perils and some parents are even asking gift-givers and family to bring unwrapped toys so that the toys can be checked before they are wrapped and placed under the tree.

Although the holidays are often a time of toy shopping and excited children hoping to get their favorite holiday items, it is also a time when parents worry. Toy recalls in recent years have meant that parents are more concerned about – and more aware of – lead paint, chemical burn injury risks, choking hazards, and other toy dangers. Experts claim that this year increased testing may mean that toys are somewhat safer. In 2007, the U.S. Consumer Product Safety Commission (CPSC) recalled 138 toys, a record. This year, toy recalls by mid-November were only at 74, representing a 46% decrease. As with last year, the majority of toy recalls this year involved lead levels.

In August of this year, new legislation was passed limiting the amount of lead on the surface of a toy to under 600 parts per million (ppm). By August 2009, the limit will be 90 ppm. In addition, internal lead in toys must not exceed 600 ppm by February 2009, and 300 ppm by summer 2009. This may mean that the 2009 holiday season will be even safer.

Major toy companies, worried by product liability problems stemming from last year’s recalls, have also increased their testing. Mattel has boosted its materials and factory inspections. Walmart, Target, Toys"R"Us, and other major toy retailers also testing all toy merchandise themselves for lead and small parts and as well as other hazards that may cause injuries to minors and children.

Despite the good news, the CPSC is warning parents not to let down their guard. Toys purchased second-hand or through independent online retailers (including eBay) may be recalled toys or older toys that do not meet current safety guidelines. Parents need to be extra cautious, since children sometimes receive toys from a variety of sources and it is not always possible to confirm where a gift-giver has purchased a toy. To be safe, parents are encouraged to screen all toys before children receive them. The CPSC Toy Hazard Recalls site lists all recalled toys and makes it relatively easy to find out which toys are considered unsafe.

The CPSC even urges caution for toys that are not on the recall lists. Even toys that have not been recalled can pose a danger, especially when age categories are not considered. A toy that is safe for a 6-year-old can prove dangerous for a 3-year-old. Check and follow manufacturer age recommendations. Once you have purchased a toy, get rid of the packaging and inspect the toy yourself, the CPSC recommends. Use a toilet paper roll to check to see whether parts pose a chocking hazard. Also, check for splinters, sharp edges, and loose bits. Any toys with these red flags should be brought back to the store.

HealthyToys.org also recommends that parents bring back plastic toys with a strong aroma. That smell is volatile chemicals, which are not necessarily safe. HealthyToys.org also recommends that parents pass on toys containing vinyl or PVC (polyvinyl chloride). A symbol with a recycling symbol and the number 3 inside it indicate the presence of these chemicals.

Although safety obviously comes first, experts also recommend that parents look for toys that engage their children and pique creativity and curiosity. Toys should not only be safe, but they should help children have fun and should help children develop and grow. Experts all agree that despite the many precautions, many manufacturers do make toys that are educational, fun, and safe. It simply may take a bit of research to uncover these products.

With the holidays approaching, holiday sales are at a peak. We are not only buying new products for loved ones and friends, but are receiving gifts ourselves. Some of us are even buying items as gifts for ourselves. All this hectic shopping can cause injuries if we are not careful. Each year, holiday gifts and holiday decorations cause personal injuries and lawsuits. While everyone has less time at this time of year, here are some simple precautions to take when giving and receiving gifts:

1) Do not assume that retailers and gift-givers are being cautious. Yes, retailers are required to remove recalled items from store shelves, but each year some recalled items continue to be sold, both online and in stores. Check with the Consumer Product Safety Commission about products you give and receive. Keep in mind, too, that some gift givers may have completed their gift shopping early this year and may not have checked to see whether any products they purchased have been recalled.

2) Exercise extra precaution when giving and getting toys. The 2008 holidays seem to be a safer season, with only about 74 toys recalled this year. However, new recalls will be emerging, so keep abreast of these notices in the media. Some toys that have been found to cause injuries to minors and children include the Rage Wireless Guitars for Nintendo’s Wii game system and Nerf Blasters.

3) Fill out warranty and registration cards right away for the gifts you receive. As you introduce plenty of new products into your home, it can be hard to keep track of all the recalls. Filling out the cards takes only minutes and allows manufacturers to contact you in the event of a recall.

4) Read the instructions. When you receive a new product or your child receives a new toy, read the user’s manual or instruction booklet. This documentation often has useful information about how the product should be used. Using products incorrectly can lead to personal injury.

5) Use extra caution with products bought used or bought through independent online sellers (such as eBay). When buying online or used products there is less assurance that recalled products are not part of the mix and it is the customer’s responsibility to ensure that products they buy are safe. Keep in mind that when you receive gifts you have no idea where a gift-giver purchased them, so do use caution.

At this time of year, many children are home from school more often and many families are planning for the holidays. The hectic schedule, increased presence of children and holiday trimmings can lead to plenty of personal injuries, experts claim. Among the biggest dangers:

1) Accidental poisonings. Holiday decorations can include poinsettias, mistletoe, and oils and products meant to smell like cranberries or gingerbread. These new items can prove to be very tempting for young children, especially when these products are scented. Pets can also be in danger of ingesting these potentially harmful products. Where possible, keep such items well out of reach and supervise children and pets closely.

2) Burn injuries. When families are busy and candles are left burning to bring holiday cheer to a home, fires can accidentally start. Children may also get to close to the flame. Additionally, fireplaces are often lit at this time of year, creating additional risks. Additional electrical use – in the form of outdoor decorations and indoor lights – can also pose fire hazards. Keeping candles and fireplaces monitored at all times can help prevent many fires and burn injuries. Checking the state of electrical wires and avoiding excessive electrical products in one outlet can help prevent electricity fires.

3) Accidental cuts and bruises. Broken holiday ornaments, sharp edges on toys and on decorations can cause cuts and other injuries. In households with children, it is a good idea to keep decorations high, away from children.

4) Injuries caused by defective products. Not all toys and products sold during the holiday season are safe to use. At this time of year, when most of us get several new items in our home, it is a good idea to remain alert to product recalls and to remove recalled products from the home at once.

5) Slip and fall injuries. Indoors, food preparation and some decorative items can cause spills. If these are not cleaned up right away, they can lead to slips and injuries. As guests visit our homes, it is also important to keep the driveways and walk-ways well-lit and clear of snow, water and ice.