Articles Posted in Defective Products

Most of us use small heating and cooling appliances to make our homes more comfortable during dry and rainy seasons. Defective product lawyers in Weston, Tamarac, Sunrise and Hallandale Beach want to remind consumers to check for recalls on your home appliances periodically to reduce the risk of a fire hazard in your home.

With fall weather approaching soon, Florida residents can decrease the chances of a fire-related residential accident in Coral Springs or Margate if you check your appliances for mechanical problems or malfunctions. Don’t assume after months of not using them that appliances will work properly and not cause a fire hazard which can lead to serious burn injuries or smoke inhalation while you sleep.

The U.S. Consumer Product Safety Commission recently re-announced a recall of LG Electronics Tianjin Appliance Company’s Goldstar and Comfort-Aire dehumidifiers. There have been approximately 98,000 units sold that could pose a fire or burn hazard when the power connector for the compressor short circuits.

The first recall was announced 22 months ago, but only 2 percent of the units recalled have been sent a repair kit to the consumer who purchased it. The original recall was made after 11 reported incidents, but since then another 16 complaints have been voiced resulting in over $1 million in property damage in residents throughout the U.S. including Pennsylvania, New Jersey and Ohio.

Some of the retailers selling the units include Home Depot, Walmart and Ace Hardware which were sold for $140 to $150 between January 2007 and June 2008. Consumers are urged to stop using the units and contact LG Electronics for a free repair kit or authorized service center that will repair the unit for you.

Dehumidifiers are not the only small home appliance consumers need to worry about when it comes to fire hazards leading to burn injuries or smoke inhalation. The Home Safety Council warns consumers to use caution around stoves, space heaters, furnaces, grills and generators to name a few. Homeowners can either take a seasonal approach to safety or a room-by-room approach but appliances should be checked routinely to prevent the risk of a fire taking place in your home.

Home Safety Council provides these general fire prevention tips to homeowners:

-Never leave a stove unattended, especially when fueled by gas. Items such as dishtowels, paper or plastic can catch fire quickly and cause severe damage before putting the fire out.
-Keep grills a minimum of 10 feet away from the house or other objects and never allow children or pets near them when they are lit.
-Store lighters or matches in a secure cabinet which is out of reach from small children.
-Always turn off space heaters while you are sleeping or when you leave the room.
-Furnaces, stoves used for heating (wood or coal) and central air units should be inspected annually. Chimney maintenance and inspection is also important to do annually.
-Never store open gasoline containers inside a garage or basement. Vapors can cause an explosion with just a tiny spark.
-Install smoke and carbon monoxide detectors on every level of your home. Check them monthly to ensure they are working and replace the batteries annually.
Continue reading →

Our West Palm Beach personal injury attorneys would like to ask that all residents check out the latest list of recalls from the U.S. Consumer Product Safety Commission (CPSC). Products on this list have been found to be extremely dangerous to consumers.

The CPSC aims to protect the public from unreasonable risks of death or injury in Fort Lauderdale and elsewhere from dangers accompanying a number of types of consumer products under the agency’s jurisdiction. Products on the CPSC recall list typically pose threats of fire, electrical, chemical, ingestion hazards and mechanical hazards.

Recently added items to the CPSC recall list:

–Electric log splitters: Changzhou Globe Tool Group is recalling this product because of a laceration or amputation hazard. These items were sold exclusively at Lowe’s Stores. About 20,000 are on the recall list. The log splitters have a hydraulic arm that can slide under the handle used to move the machine. Those who place their hands on that handle while the splitter is in operation face a serious risk of injury.

–Women’s Multivitamins from GNC: The bottles of these multivitamins fail to meet child-restraint resistance closure requirements. GNC Women’s Ultra Mega®, Ultra Mega Active, Ultra Mega Energy and Metabolism and GNC Prenatal Formula with Iron multivitamins are all a part of the recall. About 2,500 bottles fall under this recall. If these vitamins are ingested by a child, serious injury or death could result. These items were sold exclusively at: GNC retail stores nationwide and on the GNC website from March 2011 through May 2011.

–Rugby Children’s Pain & Fever Concentrated Drops: Nearly 900,000 have been recalled because, even though the original bottle has child-resistant packaging, a separate dropper unit provided for dispensing the drug does not. Children face serious risks of injury or death if more than the recommended dosage is consumed. These items were sold at drug stores, grocery stores and other retailers nationwide between January 2009 and June 2011.

–Hamilton Beach Classic Chrome 2-Slice Toasters: These items are being recalled because of a potential fire hazard. About 300,000 toasters are being recalled because the heating element in these toasters can remain energized when an item is placed in the toaster. This could potentially ignite the contents, posing a fire hazard if the toaster is near flammable items. The toasters were sold at mass merchandisers and department, grocery and home center stores nationwide and various online retailers from February 2008 through June 2011.

–Sage Creek Organics Children’s Sleepwear: About 600 items have been recalled because they violate the Federal Flammability Standard. These items pose a risk of burn injury to children. They do not meet the tight-fitting sizing requirements. The children’s clothing was sold at small boutiques nationwide and online at the company’s website from August 2010 to February 2011.

The CPSC currently has a jurisdiction over about 15,000 types of consumer products, including coffee makers, toys, lawn mowers, bicycles, drug packaging and fireworks. You are encouraged to contact the toll-free Hotline to report an injury, file a product safety complaint or to check out the most recent list of recalls. You can call 1-800-638-CPSC between 8:30 A.M. and 5:00 P.M. Eastern time, Monday through Friday.

The agency has operated for more than 30 years exercising their agency’s mission to “. . . protect the public against unreasonable risks of injuries and deaths associated with consumer products.”
Continue reading →

The U.S. Consumer Product Safety Commission recently announced several recalls of products due to fall hazards.

Our Palm Beach personal injury lawyers know that property damage, deaths and injuries from defective consumer product occurrences cost the country in excess of $900 billion yearly.

A few of the fall hazard recalls are listed below.

Target step stool recall:

Over 200,000 step stools sold between January 2007 and October 2010 were recalled because they were either collapsing or falling apart while the users were on them. To date Target has gotten 27 complaints of the step stools collapsing or breaking. There have been fourteen incidents involving children, eight incidents involved adults and the ages were unknown in five other incidents. Injuries to adults included broken wrists, and one adult also broke her pelvis and hip. Six of the injured children suffered bruises and scrapes along with one adult.

Phil & Teds clip-on table top chair recall:

Approximately 54,000 clip-on chairs sold between May 2006 and May 2011 are being recalled due to worn or missing clamp pads which are causing the chair to detach from tables. Additionally, during a detachment incident an amputation condition arose because children’s fingers could be trapped between a bar and the table clamp. User instructions are poorly written causing possible consumer misuse. There have been 19 incidents reported, five with severe injuries. Two children had their finger’s seriously cut, pinched amputated or crushed. Three children sustained bruises when the chairs fell from the table. Chairs that have black spacers between the clamps and the cross bar are not included in the recall.

Radio Flyer Scoot ‘n Zoom recall:

Roughly 165,000 Scoot ‘n Zoom ride on toys sold between August 2010 and August 2011 that are a potential fall hazard are being recalled. The Radio Flyer Company has gotten ten reports of children falling from the toy. Of the ten falls six children sustained injuries including knocked out or loosening teeth and chin cuts needing stitches. Model #711B with a UPC sticker that is yellow is not included in the recall.

Bravo Sports Disney-branded pogo stick recall:

Nearly 160,000 pogo sticks sold between February 2009 and June 2011 causing lacerations and falls are being recalled. The issue occurring is the rubber tip on the bottom of the stick can wear out too early causing a potential fall hazard. The handlebar end caps are not attached firmly enough causing them to loosen and come off. The sharp edges of the handlebars are a laceration hazard to users. There have been 82 incidents of the bottom rubber tip getting worn out causing five injuries. The most severe injury was a skull fracture to a 9-year-old girl. Other reported injuries included chipped teeth, chin and lip cuts requiring stitches, bumps to the head and pushed in teeth. The Disney-branded sticks are the Hannah Montana model, Pixar Toy Story Cruising Cool model, Pixar Cars model, the Disney Princess model and the Disney Fairies Cruising Cool model.

Purchasing a defective product is a common concern for parents because products that malfunction can cause serious injury to children. When someone is injured by a defective product, an experienced law firm should be contacted to determine their rights to compensation for medical expenses, pain and suffering and other costs.
Continue reading →

Child product recalls are a dime a dozen these days so parents need to stay informed if they want to protect their children from severe injuries caused by defective products in Palm Beach or elsewhere in South Florida.

Macy’s Incorporated recently agreed to pay a $750,000 civil penalty for failure to report selling children’s outwear containing drawstrings according to news from U.S. Consumer Product Safety Commission.

The CPSC has issued a drawstring safety rule for manufacturers of children’s outerwear clothing. Jackets, sweatshirts, sweaters and vest containing drawstrings in the neck or waist are considered a high risk for strangulation and hazardous to small children. Macy’s Inc. knowingly sold children’s outerwear garments with drawstrings from 2006-2010 and failed to report it to the CPSC within 24 hours.

Retailers, distributors and manufacturers are required by law to report products that are considered defective or hazardous, products that fail to comply with federal rules and standards or banned by the CPSC, or products known to present a risk of serious injury or death.

We frequently use our South Florida Injury Lawyers Blog as a method of updating parents and consumers about the most recent child product recalls. Fort Lauderdale child injury lawyers know that crib safety has been in the news a lot recently with over 11 million cribs being recalled since 2007.

The CPSC recently announced new federal requirements for A Safer Generation of Cribs. Starting in December 2012, compliance of new crib standards will be required by all Head Start centers and family child care homes, as well as hotels, motels and rental companies.

The CPSC has established the following new mandatory rules for crib safety, effective immediately:
-Improve safety testing by making it more laborious on products.
-Hardware affixed to the crib will be required to be more durable.
-Crib slats and mattress supports need to be strengthened.
-Drop-side cribs will soon be obsolete by not allowing them to be sold by retailers or produced by manufacturers.

“A safe crib is the safest place for a baby to sleep. It is for this reason that I am so pleased that parents, grandparents and caregivers now can shop with confidence and purchase cribs that meet the most stringent crib standards in the world,” said Chairman Inez Tenenbaum.

“From the start, our goal has been to prevent deaths and injuries to babies in cribs, and now the day has come where only stronger and safer cribs are available for consumers to purchase.”
Whether you are purchasing a new toy for your child or a new item of clothing, consumers are reminded to check the CPSC Recall List before you purchase any child product.
Continue reading →

If you think bottle rockets, sparklers and small firecrackers are without risk because of their size you would be wrong according to new data recently released by the U.S. Consumer Product Safety Commission (CPSC).

Our Fort Lauderdale injury lawyers know that the Fourth of July has passed, but understand people will still be using fireworks throughout the summer. Please use these celebrate responsibly by not drinking and driving, engage in safe boating activities, and stay away from handling fireworks.

Data from the Consumer Product Safety Commission indicates that last year, during the 30 days surrounding July 4th, these small fireworks were responsible for sending roughly 1,900 consumers to emergency rooms. For the year, legal and illegal fireworks sent nearly 8,600 consumers to the hospital. Sadly, three people were killed in firework-related accidents. Of those injured by fireworks, about 40 percent were children under the age of 15.

“From purchase to ignition, know how you and your family can stay safe and which fireworks are allowed in your state if fireworks are part of your July 4th celebration,” said CPSC Chairman Inez Tenenbaum. “Never assume that a fireworks device is safe based on its size and never allow young children to play with or light fireworks. By knowing the dangers of all types of fireworks, consumers can prevent tragedies.”

CPSC recently hosted its annual fireworks safety press conference, demonstrating the dangers related to legal and illegal fireworks. During the 30 days surrounding last year’s Fourth of July holiday, nearly 6,300 people were injured by all types of fireworks. Sparklers, firecrackers and bottle rockets accounted for about 40 percent of those injuries.

The hands, face and head are the common areas most injured by lacerations or burns. A joint effort by the CPSC, the U.S. Customs and Border Protection (CBP) along with permanent staffing at the Import Safety Commercial Targeting and Analysis Center (CTAC) in Washington, D.C. was established to put into service new enforcement measures meant to stop the manufacturing and sales of illegal fireworks.

New procedures for selecting and identifying fireworks at ports began in 2010. CPSC staff would test selected fireworks to see if they complied with the Federal Hazardous Substance Act (FHSA). Nearly 45 percent of the fireworks that were tested did not comply with the FHSA.

Working closely with their federal partners, CPSC is enforcing fireworks regulations, prosecuting manufacturers of illegal fireworks, and trying to educate the public about the dangers associated with non-compliant fireworks. Recently the CPSC sent a letter to the industry about “adult snapper” devices. The letter cautions that an “adult snapper” is not manufactured in the same manner as a traditional “snapper.” The “adult snapper” contains several milligrams of pyrotechnic composition, which CPSC considers equal to the regulatory definition of a firecracker.

Keep these safety tips in mind if you decide to purchase legal fireworks:
-Never let young children play with fireworks.
-Before buying or using fireworks, make sure they are legal in your area.
-Don’t buy fireworks that are wrapped in brown paper. This usually indicates that the fireworks were meant for professional displays and are extremely dangerous.
-Adult supervision is always needed during firework activities. Even using sparklers need supervision, their temperatures can reach up to 2,000 degrees!
-Never lean over a fireworks device when lighting the fuse or light more than one at a time. Move quickly away immediately after lighting any fireworks.
-Never re-light or pick up fireworks that haven’t gone off.
-Never point or throw fireworks at anyone and never carry fireworks in a pocket or shoot them out of metal or glass containers.
-Keep water close by in case there is a fire or other mishap. Douse all fireworks with water before throwing them in the trash.
Continue reading →

Recently the U. S. Consumer Product Safety Commission (CPSC) went live with SaferProducts.gov, a database ordered by Congress, as part of the Consumer Product Safety Improvement Act. Consumers are urged to visit www.SaferProducts.gov to report an unsafe product.

Consumers can also search the database for products they are thinking about buying to gather safety information.

Our Palm Beach personal injury lawyers think that this user friendly site will assist CPSC in discovering hazardous products faster and get important safety information to consumers quicker.

“CPSC stayed on time and on budget in building this new database,” said Chairman Inez Tenenbaum. “Through SaferProducts.gov consumers will have open access to product safety information that they have never seen before and the information will empower them to make safer choices.”

Information requested in a Report includes:

-Description of the product or substance.

-Manufacturer name or private labeler.

-Describe the illness, injury, death, or risk of injury, illness, or death related to the use of a product or substance within the control of the CPSC.

-When did the incident occur?

-Who is reporting the incident – consumer, public safety entity, government agency, health care professional or child service provider?

-Name, telephone, mailing address, and email address of submitter of the Report.

-Victim’s contact info and name.

-Documents and photos which identifies the product or manufacturer.

-What were the injuries and what medical treatment was received?

-Does the submitter want the Report in the Database?

-Will the submitter provide their contact info and name to the manufacturer or private labeler
identified in the Report?

-Verify the truth and accuracy of the info in the Report.

CPSC will then evaluate the Report, have up to 5 business days to communicate legitimate Reports to the manufacturer, allow the manufacturers up to 10 business days to respond and then post the Report and the manufacturer’s response on SaferProducts.gov.

Consumers must provide factual and accurate information to CPSC. Incomplete or inaccurate Reports can not be published. And confidential information in a Report will be removed prior to it being posted.

“I believe that an informed consumer is an empowered consumer,” added Chairman Inez Tenenbaum. “The ability for parents and consumers to search this database for incidents involving a product they already own or are thinking of purchasing will enable them to make independent decisions aimed at keeping their family safe.”

Since the end of January, CPSC started to register businesses online, and to test the system began accepting Reports through SaferProducts.gov. To date, nearly 1,500 reports have been filed online by consumers. Approximately 1,400 manufacturers have registered on the Business Portal. This allows them to promptly get a copy of a Report about their product via e-mail. Reports accepted prior to the “go live” date were processed internally by CPSC and could not be seen by the public.

“We will continue to accept written, phone and fax Reports, as we have for decades,” said Chairman Tenenbaum. “What is new and significant today is that we are launching an up-to-date system for letting consumers review safety reports alongside manufacturer comments about those Reports.”
Continue reading →

The risk of defective product injury in Fort Lauderdale and throughout South Florida increases through the holidays, particularly when it comes to small children.

Our injury lawyers in Coral Gables, Hollywood, and throughout the region, wish each of you an enjoyable holiday season. But we also urge you to take special care when it comes to reducing the risk of serious or fatal injuries caused by defective products.

The Consumer Product Safety Commission reports that toy recalls are declining even as the number of injuries has increased. Yet, even by its own admission, an average of one popular toy a week is recalled in this country because of its risk for serious or fatal injuries. And the government is not counting items made for children, such as strollers and cribs, of which more than 100 different products have already been recalled thus far in 2010.

The government is working to establish better safeguards after a rash of toy recalls involving lead paint and other hazards in 2008. The results are a decline in the number of recalled toys. So far this year, 44 toys have been recalled, compared to 50 recalls last year and 172 in 2008.

Still, 12 children died last year as a result of injuries involving toys and 24 children died in 2007 and 2008. Thousands of other kids were injured. In fact, the government reports the number of toy injuries continues to increase. Last year, nearly 200,000 emergency room visits involved toy injuries to children under the age of 15, compared to about 150,000 in 2005.

“By limiting metals and chemicals in toys and making the voluntary standard mandatory, CPSC has put safeguards in place for toys to better protect children,” said Chairman Inez Tenenbaum. “The increase in injuries is a concern, and we want parents to make safe purchases and for children to be safe at play. To help keep what has been called the most wonderful time of the year happy and incident-free, CPSC is encouraging consumers to adopt a three-pronged safety approach.”

A list of recalled children’s products in Florida is available here.
Continue reading →

After being discovered unconscious by their son, a North Miami Beach couple was airlifted to Mercy Hospital where they are being treated in a hyperbaric chamber for carbon monoxide poisoning, CBS-4 reports. A spokesman said the home was equipped with multiple gas appliances and high levels of the odorless, colorless – often deadly – gas was detected in the home.

South Florida premises liability lawyers and defective product attorneys know that with cooler weather approaching, South Florida residents will be starting heating units, relying on gas-burning warming units and using fireplaces that have sat dormant for months. Now is the time for homeowners, property managers, landlords and residential home facility managers to test fire alarms, sprinklers and CO detectors as well as perform annual safety and maintenance checks on gas-burning equipment.

More than 30,000 Americans are injured and more than 4,500 are killed in fire-related accidents each year. Carbon monoxide poisoning – also known as the “silent killer” – sickens more than 10,000 Americans each year, claiming the lives of 1,500 due to accidental exposure. The Environmental Protection Agency identifies the following safety tips and CO poisoning indicators:

CO Poisoning Symptoms:

~ headaches

~ confusion

~ nausea

~ dizziness

~ unconsciousness and death

~ in milder cases of exposure, victim may complain of flu-like symptoms

To mitigate effects of carbon monoxide exposure:

~ leave the environment immediately and seek fresh air – DO NOT remain indoors if you think you may be suffering from carbon monoxide intoxication

~ seek medical attention

To prevent carbon monoxide exposure:

~ have all fuel-burning appliances inspected by a professional on a regular basis

~ make sure ventilation systems are properly maintained and open

~ never leave a car running in an enclosed space for any period of time

~ never use gas-burning lawn equipment in an enclosed space

~ don’t use a charcoal grill indoors or sleep in a room with a fuel-burning space heater
Continue reading →