Products Liability
Avoiding Injuries Caused by Defective Child Car Seats
Children’s car seats are designed to keep children safer in the event of an accident. Unlike a regular seatbelt, car seats specifically protect small bodies. However, car accidents remain the leading cause of death among children. This is largely due to the improper use of child car seats. Massachusetts consumers need be aware of proper use of car seats, and also be aware of recalls of defective car seats for children.
Last month a recall was issued for Graco’s ComfortSport Convertible Car Seats due to an obscured warning label regarding the child airbag. Car seats can be confusing to install in the first place, but with important warnings covered, it can be close to impossible. Learn more about Ease of Use Ratings below.
Remember that a car seat is only beneficial if
- It fits the child.
- It is properly secured into the car.
- It is in working order.
Selecting a Car Seat Appropriate for Your Child’s Size
Rear-Facing Seats: These are appropriate for infants. Use a rear-facing seat from birth until your child is at least one year old. However, you should still use a rear-facing seat as long as your child weighs less than 20 pounds. This is the safest type of car seat–as long as your child fits in it properly.
Forward-Facing Toddler Seats: This type of seat protects children who are at least twenty pounds. It should always be placed in the back seat of your vehicle and can be used until your child weighs 40 pounds (generally around the age of four).
Booster Seats: These larger car seats are used in the rear seats of the vehicle for children over 40 pounds. You should use a booster seat until your child is either eight years old or 4’9″ tall.
Back Seat with Safety Belt: Once your child is eight years old or 4’9″ tall, he or she can sit in a regular seat with a regular safety belt. However, all children under the age of twelve should ride in the back seat.
Avoid Dangerous and Defective Toys During the Holiday Season
Whether you celebrate Christmas, Chanukah, Kwanzaa or Boxing Day, December is likely to bring many new toys and gifts into your home. As a parent, it is important that you not only know how to shop for safe toys yourself, but also how to identify potentially dangerous and defective toys received as holiday gifts from others. You should also double check for defective products currently around the house.
The holidays are meant to be a time of joy and wonder for your little ones–not a time for pain and recovery. However, in 2007 there were 18 toy-related wrongful deaths and over 170,000 emergency-room personal injuries due to toy product liability.
One of the best things you can do as a parent, in addition to keeping a close watch on how your children play with new toys, is to sign up for the U.S. Consumer Product Safety Commission’s email alerts at www.CPSC.gov.
The following list includes the most common safety hazards related to children’s products:
Lead Poisoning
Babies tend to put things in their mouths–it’s a fact we have to deal with. A surprisingly high percentage of recalls result when lead levels in paint or other parts of a product are higher than the federal lead paint standard. When lead is ingested–at any age–it can cause adverse health effects, but for children the risks are even greater. Due to their smaller body sizes and developmental stages, children are more susceptible to neurological damages. In extreme cases, lead poisoning can cause kidney failure, convulsions, coma, or even death.
If you visit www.CPSC.gov, you’ll find a long list of recalls for toys that contain high levels of lead. One of the largest November recalls is from the trendy jewelry and accessory store Claire’s Boutiques Inc., which is especially popular with the pre-teen crowd. The store voluntarily recalled about 67,000 Best Friends Yin Yang Necklace Sets due to their high levels of lead. Additionally, the Disney Store recalled 8,000 Tinker Bell Wands, which were found to violate the federal lead paint standard.
CALAXO Screw Recall–Defective Surgical Screws Recalled by Manufacturer, Smith & Nephew
The CALAXO surgical screw has been recalled because it has been identified as a dangerous medical device. The device, which has been used in surgical repairs of the anterior cruciate ligament (ACL) during knee surgery, has been determined to be a defective product because of the unacceptably high rate of post-surgery complications. The defective product has been approved for use in the United States since 2006,has been recalled by the United States distributor, Smith & Nephew, Inc., Endoscopy Division of Andover, MA. The US recall was issued urgently on August 21, 2007. The screw was also ordered recalled in the United Kingdom.
If you had surgery which involved the CALAXO surgical screw, you should
contact the CALAXO screw recall lawyers at Breakstone, White & Gluck to determine your rights and options on this defective product. Time is of the essence in product liability cases.
More Details on the Defective Product: The CALAXO Bioabsorbable Interference Screw is used to secure the anterior cruciate ligament graft during surgical repair of the knee ligament. The screw is designed to be absorbed by the body within a year following the procedure and also to promote bone
growth. In some patients, the CALAXO screw caused tissue swelling in the tibia, where the screw has been placed. Symptoms may include swelling, redness, fever, and severe pain.
Nail Guns Causing More Construction Site Injuries and Wrongful Deaths
Improperly designed nail guns and negligently operated nail guns are leading to tens of thousands of accidents, injuries, and wrongful death claims among construction workers and consumers. Each day over 100 injuries occure, and roughly two-thirds of those injuries were construction site accidents. In addition to injuries caused to workers, bystanders, people working nearby, and people passing worksites have often been injured.
The number of injuries as well as a number of wrongful death claims have led to calls to make nail guns safer. The American National Standards Institute (ANSI) recommended in May, 2003 that “manufacturers install sequential-trip triggers on certain types of nail guns before distribution.” This is a voluntary standard.
What Should You Do If You Suffer a Nail Gun Injury?
First, preserve the evidence; do not adjust or take apart the nail gun or its attachments. Secure the evidence where it cannot be tampered with or lost so the product liability case can be properly investigated.
Contact an experienced product liability and construction site accident lawyer immediately. It is critical for you to preserve your rights by being represented by the best attorneys at all times.
The lawyers at Breakstone, White & Gluck have decades of experience with product liability and construction site accidents, and are prepared to get the best results if you or a loved one has suffered a nail gun accident or wrongful death.
Read More About Massachusetts Nail Gun Accident Cases.
Other Resources
Nail gun injuries under fire as injuries soar, Sacramento Bee, 4/13/08
Decades of research and calls for more nail gun safety, Sacramento Bee
Nail Gun Injuries are Increasing, Revolution Health Orthopedic Blog, 6/5/07