Articles Posted in Products Liability

Toys help a child develop and of course are fun. That’s why parents each year spend billions of dollars on the toy industry, which produces hundreds of new toys each month. However, each year toys cause injuries, from broken limbs to cuts to burn injuries. Choking is a key toy-related injury for children ages 3 or younger. In recent months, parents have been worried following massive recalls of Chinese-made toys.

Manufacturers try to help parents by labelling toys for specific age groups and by providing guidelines for play. The U.S. Consumer Product Safety Commission (CPSC) also helps parents by monitoring and regulating the toys that are sold in this country. In fact, toys sold in the US after1995 are required to comply with strict CPSC standards. Despite all these precautions, however, toy-related injuries can still happen. In some cases, dangers are not realized until after children are already injured. The CPSC and other experts agree that parents can help protect their children by:

1) Shopping smart. If you are buying your child a fabric toy, look for a label that identifies the toy as flame resistant or flame retardant. This can help prevent burn injuries. Make sure that any stuffed toys you buy are washable. Toys that are washed regularly have less bacteria and germs. If you are purchasing a painted toy, read the label to ensure that the item is painted with lead-free paint. Any art materials you purchase should be clearly labelled as non-toxic. In fact, any paints or crayons you buy should have been tested by the American Society for Testing and Materials and should be labelled with “ASTM D-4236” on the package.

2) Buy new toys only. Heirloom toys can contain lead paint and older toys may not meet today’s safety standards. Even newer used toys may be so worn from play that they can break. If there are some toys that have sentimental value, keep them as collectibles for later enjoyment – just do not let your child play with them.

3) Test the loudness of squeak toys, rattles, musical toys, and child electronics. Some of these toys are loud enough to cause hearing damage – especially if a child holds the toy up to their ear during play.

4) Buy age-appropriate toys. Toys intended for older children may be dangerous to a younger child. Age labels are not guidelines for intelligence or maturity – they measure safety. The toy for a 4-year-old will not help your 3-year-old develop more quickly – and may be dangerous.

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Each year, many Florida residents are harmed by products that have been incorrectly designed, manufactured, or sold. Unfortunately, even when the case against a manufacturer or retailer is clear, injured plaintiffs – who may face burn injuries, head injuries, and a myriad of other serious personal injuries – may have a hard time proving their case. For a product liability case to succeed, it is important that a case involve:

1) A prompt investigation. It is important that any case involving a defective product be reported at once and investigated quickly, so that evidence as well as the defective can be preserved. Witnesses may not recall key details months after an incident, so it is important to speak to any witnesses soon after an injury. If the defective product is in the hands of someone else, a temporary restraining order and a preliminary injunction should be filed to ensure that the product is not altered or destroyed.

2) Thorough research. The complete history of a defective product should be investigated – including when it was purchased, where it was purchased, and who used or saw the product. Any written materials and instruction booklets that came with the product should be carefully looked over. It is important to research whether any changes or alterations were made to the product after it left the manufacturer and distributor. Research can also involve buying more of the same product to test it and use as evidence.

3) Contact federal agencies. A number of government agencies can assist in a product liability case. These include the U.S. Consumer Products Safety commission, the Injury Information Clearing House, The National Technical Information Service of the U. S. Department of Commerce, The Occupational Safety and Health Administration (OSHA), the Environmental Protection Agency, the Office of Technical Information and Publications of the National Bureau of Standards, The Food and Drug Administration, the Bureau of Radiological Health, The National Highway Traffic Safety Administration, The Federal Highway Administration, The Transportation Research Board, The United States Coast Guard, the Federal Aviation Administration, the National Transportation Safety Board, and the Federal Fire Council. These agencies run their own tests on products, alert customers about unsafe products, set standards for safety, and publish information that can be useful in a products liability case.

4) Contact insurance organizations. A number of insurance organizations publish studies and information about safety. Organizations such as The Factory Mutual Engineering corporation, The American Insurance Association, The Applied Science and Technology Index, Engineering Index, the Science Citation Index, The National Safety Council, National Fire Protection Association, The Center for Auto Safety, the Transportation Safety Department of Calspan, the Highway Safety Research Institute, The Society of Automotive Engineers, American National Standards Institute, American Chemical Society, American Society of Mechanical Engineers, American Water Works Association, and the Manufacturing Chemist’s Association are all good areas of research.

5) Contact experts who can testify about expected standards and safety measures. Running a literature search or contacting the local university will often yield the names of at least a few qualified experts.

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Media sources are reporting that Ole Mexican Foods’ Verole Queso Fresco Authentic Mexican Crumbling Cheese and Ole Fresco Authentic Mexican Crumbling Cheese may be affected by E. coli bacteria. The cheese was distributed in Florida and state inspectors are working with grocery chains to remove the products. In the meantime, customers should check their refrigerators and return the cheeses to the stores where the products were bought. So far, no illnesses have been reported.

A lawsuit has been filed in Florida and Massachusetts, accusing some soft drink companies of not doing enough to prevent the formation of benzene in soft drinks. Drinks that contain Drinks that contain vitamin C (ascorbic acid) and either sodium benzoate or potassium benzoate may produce a reaction when exposed to heat or light. This reaction can cause benzene to form. Benzene has been linked to leukemia.

Florida Sen. Steve Geller is taking on Internet wine retailers. The senator hopes to limit out-of-state wines imported into Florida. The move is an attempt to prevent underage drinkers from buying inexpensive online wines and having them delivered to their homes.

A wiring problem that could lead to fires and burn injuries is prompting appliance giant General Electric Co. to recall 2.5 million dishwashers. The recall affects dishwashers sold under the GE Monogram, Hotpoint, Eterna, GE, GE Profile, and Sears-Kenmore brand names.

According to the U.S. Consumer Product Safety Commission, customers should examine their dishwashers. Any customers who find that their dishwashers are affected by the recall should stop using their devices at once. Customers should contact GE for a rebate towards a new appliance or for free repairs.

According to the government, the dishwashers affected by the recall have wiring that can overheat when liquid rinse solution escapes the dispensers. So far, almost 200 complaints have been made to GE about the problem. 12 fires have been reportedly been caused by the defective products.

Researchers in Halifax, Nova Scotia have uncovered a common hazard that can cause serious injury to toddlers and small children. The culprit? The family television. Dr. Stephanie Dotchin and and Dr. Kevin Gordon of the IWK Health Centre in Halifax launched a study after treating the injuries of a small child in their care. The child had been playing in his home when a television toppled on top of him. The two doctors launched an investigation and their research revealed that many models of television may easily topple.

The doctors’ research suggests that designs of televisions can cause the units to easily topple, causing brain injury and spinal cord injuries to children. In fact, the injured child who inspired the research months of hospitalization and extensive neurosurgery. He suffered brain damage and still has difficulty walking and talking as a result.

Dotchin and Gordon found that between 1990 and 2002, more than 104 reported childhood injuries were reported in their region alone and this has made the doctors concerned that children across the continent are being injured by televisions. Worse, many of the injuries caused by these accidents seem to be to the head and neck. According to the research, boys between the ages of two and four are most likely to be affected.

Gordon and Dotchin found that front-heavy cathode ray tube televisions easily topple, especially when children push or pull on the sets. The two doctors want to warn parents that the home television set may pose a serious risk. They suggest that further research and increased parental supervision are necessary. The doctors’ own research found that up to 90% of the television sets studied were found to be tippable by toddlers under the age of four.

Currently, there are no reports of class action products liability lawsuits against television manufacturers or retailers. There have currently also not been any studies about television sets in Florida. However, the Halifax study has sparked some considerable debate and it is possible that parents and caregivers may become more aware of the dangers of television sets.

Gordon and Dotchin suggest that parents anchor their television sets to a wall or to a console to make them difficult to move. The researchers are also calling for standards to be set for televisions to make them safer. Gordon and Dotchin note that most television sets come with an anchor at the back of the unit but require customers to buy the console to secure the television properly. This additional expense is one that many customers choose not to make.

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Florida attorneys – and, in fact, lawyers from across the country – expect that the recent massive recall of pet food produced by Canadian-owned Menu Foods will generate many lawsuits. Florida attorneys specializing in product liability cases expect that any state residents who have had a pet injured as a result of pet food will join in a class action lawsuit against the company.

Menu Foods started receiving complaints on February 20 that dogs and cats consuming their products seemed to be experiencing kidney failure. When the company ran tests on the foods they produced and found that 1 in 6 animals died during the tests after eating the pet food. After the tests, and three weeks after the complaints, Menu Foods launched a massive recall. More than 90 popular brands of pet food were recalled by the pet food giant. Many of the `cuts and gravy’ style dog and cat food sold in North America were affected by the recall.

After the recall, it quickly became apparent that the pet deaths appeared to stem from some sort of contamination of the pet food. At first, federal investigators trying to pinpoint the exact cause of the contamination focused on protein filler wheat gluten. Eventually, however, it was determined that trace amounts of aminopterin, a rat poison banned in the US, was the contaminant. How the banned substance got into the pet food is currently under investigation. However, the fact that the substance is banned in the US and does not belong in any way in pet food products may further fuel lawsuits by pet owners.

As we reported earlier this week, a nationwide food recall of Peter Pan and Great Value brand peanut butter was expected to lead to legal action, after it was revealed that almost 300 people had been affected by salmonella bacteria found in the product. It now appears that legal action is being taken. Lazaro Aleman, of Cutler Bay, Fla. And at least three other customers who have bought the affected peanut butter have filed suit.

The affected peanut butter is made by made by Nebraska-based ConAgra Foods in Sylvester, Georgia. Only Peter Pan and Great Value brand peanut butter with product code 2111 on the lid is affected by the salmonella. Last week, ConAgra recalled the affected products voluntarily.

Aleman’s Florida attorney is seeking class action status for his client’s lawsuit, which would protect customers who bought the peanut butter, whether they became ill from the product or not. So far, more than 100 people from around the state have expressed interest in joining this Florida products liability lawsuit.

Officials from The Florida Department of Health recently sent out a warning to Florida residents about a possible salmonella threat. Peanut butter sold in the state may have potentially been tainted with salmonella. According to The Florida Department of Health, Peter Pan and Great Value peanut butter may be dangerous to eat. At this time, only the brands Peter Pan and Great Value, with a product code starting with 2111 are believed to be affected.

Officials are asking anyone who has purchased peanut butter recently to check their cupboards and pantries. Any Peter Pan and Great Value brand of peanut butter should be examined for its product code. According to officials, the product code is usually printed on the lid of the peanut butter container.

Anyone who finds that their Peter Pan or Great Value peanut butter has a product code that begins with the numbers 2111 should not eat the peanut butter. At least one resident of Alachua County, in Florida, has fallen ill after eating the peanut butter. ConAgra Foods, based in Sylvester, Georgia has already issued a voluntary recall of the product and grocery stores across the country are removing the peanut butter from their shelves. Nevertheless, officials worry that some customers have already bought the affected product.