Articles Posted in Products Liability

Many homeowners in Florida and across the country are worried about whether they have Chinese drywall. Some drywall made in China has been found to be tainted, or made with products that emit sulphide gases such as hydrogen sulphide gas, which is toxic. Some homeowners have reported that the drywall corrodes pipes and wiring, causing problems with appliances and key home systems.

Worse, some experts believe that the Chinese drywall releases dangerous chemicals into the air, which can cause serious illnesses and health problems. Homeowners who have been exposed to Chinese drywall chemicals may experience fatigue, shortness of breath and other breathing problems, dizziness, headaches, sleep problems, and eye irritations. It is believes that 100 000 homes across the country have Chinese drywall. Some media reports have suggested that 10-million square feet of the tainted Chinese drywall was brought into parts of Florida. Experts estimate there are 35 000 homes in Florida affected by the problem drywall.

While recalls of China-made products have been in the news for the past few years, there are several facts about the Chinese drywall problem that make it particularly worrying. There is no recall that can easily fix the drywall problem. Many homeowners affected by the problem cannot simply remove the drywall without tearing down substantial parts of their homes. Worse, ascertaining whether there is tainted drywall present is difficult without taking apart walls.

The entrepreneurial spirit is alive and well in Florida. Despite the economy, many business people continue to manufacture and sell consume products and start their own businesses. Unfortunately, in tough times especially, reducing product liability risks is essential to avoid lawsuits related to personal injuries suffered by customers. Here’s how:

1) Keep excellent records of how you ensure product safety. Policy statements, quality control manuals, safety audits, manuals, and other documentation is essential. Write out everything you are doing to keep your business, products, and customers safe and distribute this information to employees and customers. This shows a commitment to safety.

2) Maintain control of any production processes. If your product does cause personal injury, you want to be able to quickly trace the product. Make sure that you know how parts of your product get to you, supply each product with serial numbers or dates and keep track of where you sell. If you contract out part of the manufacturing process, create air-tight agreements with contractors and sub-contractors. If you don’t manufacture but rather sell products, keep excellent records of where and when you receive each item.

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 →

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.

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.

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.

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.

A Florida woman, Rachel Jollimore, is suing Yamaha Motor Corporation in a case that will interest many ATV fans. At the heart of the suit is the safety of the Yamaha Rhino utility ATV. Jollimore alleges that her ATV rolled over and trapped her underneath while she was riding the vehicle. She claims that she was on relatively flat ground and was trying to make a simple turn when the accident happened.

Even though Jollimore alleges that she was traveling at a low speed, the vehicle flipped over and pinned Jollimore underneath it. As a result of the accident, Jollimore suffered a serious brain injury that requires a permanent stent in her brain that drains fluid to her stomach. There have already been a number of lawsuits filed about the Yamaha Rhino in Arizona and other states, leading Jollimore’s attorney to allege that the vehicle is unsafe and Yamaha realizes that there is a problem with its products.

The Yamaha Rhino is currently under investigation by the U.S. Consumer Product Safety Commission after a number of complaints of personal injuries and accidents. Last month, two young Mississippi girls were killed in a Yamaha Rhino after the vehicle rolled over. There are currently no statistics indicating just how many injuries and accidents may have been caused by the ATV. However, there are at least 200 product liability lawsuits related to the vehicle.

Most Florida residents have probably heard of the tainted milk scandal affecting China right now. A number of manufacturing companies, including Sanlu, a leading dairy producer in China, have been accused of illegally manufacturing milk that contains traces of an industrial chemical known as tripolycyanamide or melamine. Manufacturers allegedly watered down milk in order to make a greater profit and then added melamine to milk products in order to allow the milk to pass testing. Melamine added protein to the watered-down milk which allowed manufacturers to convince inspectors that the milk was adequately nutritious.

The scandal was initially uncovered when children using a baby formula began ill. Since then, the scandal has spread world-wide as it has become apparent that milk products around the world have been affected. So far, it is not known whether wrongful death suits will be filed outside of China over the scandal.

Melamine, when consumed, can cause kidney failure, kidney stones and other kidney illnesses, which can be especially dangerous to young children and the elderly. So far in China, it is estimated that 50,000 babies have fallen ill after drinking tainted milk. A worldwide figure for fatalities and illnesses is not yet known. Many countries so far have banned Chinese dairy products.

According to a recent report by the Consumer Product Safety Commission (CPSC), the number of infant deaths involving faulty nursery products has dramatically increased in recent years. According to the CPSC, 66 400 children under the age of five were seriously hurt in nurseries in 2006. In that same year, the number of infant injuries directly due to nursery products was 59 800.

In addition to these statistics, a number of high-profile cases have made parents aware of the sorts of injuries that faulty infant products can cause. In 2007, for example, over one million Simplicity bassinets and cribs were recalled. The infant beds were defective, and as a result at least four infants died as a result of them. According to an investigation conducted by the Chicago Tribune newspaper, both the company selling the beds and the CPSC had been aware that the cribs contained parts that when improperly installed could result in the suffocation and death of infants using the cribs.

According to the CPSC, infant products that are most likely to be associated with infant injuries and infant fatalities include car seats, high chairs, infant carriers, cribs, bassinets, strollers, and walkers. In many cases, the injuries to infants are caused by product failures or defective products. In nearly 42% of injuries, infants sustained head injuries or brain injuries as a result of falling while using infant products.