Posts Tagged ‘“Boston product liability lawyers”’
After Infant Deaths, Fisher-Price Rock ‘n Play Sleeper is Recalled
Fisher-Price has recalled its Rock ‘n Play sleeper after an investigation found more than 30 infants died while using it.
It once looked the perfect place to nap and cuddle. But this adorable product – the Fisher-Price Rock ‘n Play Sleeper – wasn’t ever safe. Fisher-Price and the Consumer Product Safety Commission (CPSC) announced the recall of 4.7 million sleepers on April 12, 2019. Parents are being urged disassemble the sleeper and stop using it. The company expects to spend the next several months processing recalls.
Prior to the company’s action, the American Academy of Pediatrics (AAP) had joined Consumer Reports in calling for the product’s removal, stating the Fisher-Price Rock ‘n Play failed to comply with its recommendations, which state infants should only sleep on flat and firm surfaces. Further, the AAP advises infants should not be left on the same surface as other bedding, toys or bumpers, which could increase the risk of infant suffocation or choking.
Fisher-Price, a division of Mattel, is asking parents to contact the company for a refund or voucher toward another Fisher-Price product. The company will offer a full refund for Rock ‘n Play sleepers purchased during the past six months.
Resources:
Fisher-Price Rock ‘n Play Recall Notice, Consumer Product Safety Commission
Mattel and Fisher-Price Recall Page for Parents
The Week of Bad Headlines for Fisher-Price
Fisher-Price and the CPSC announced the product’s recall on Friday, April 12th, following days of pressure from safety organizations. Fisher-Price had initially resisted.
On April 5, the CPSC and Fisher-Price released an initial warning and announced 10 infants had died in the Rock ‘n Play between 2015 and 2019. The infants were all 3 months or older and died after rolling over from their back to their stomach or side.
At that point, there was no recall, but parents were advised to stop placing children in the sleeper once they reach 3 months old, or earlier if they begin turning themselves over.
Days later, Consumer Reports came out with a troubling report linking the product to not 10, but 32 infant deaths since the 2009 release. The consumer watchdog called on the CPSC to immediately issue a recall of the defective product. In response, Fisher-Price said the company did not believe any of these deaths were caused by the sleeper. Rather, the company said medical and health conditions were cited as the cause in some deaths, and in other cases involved improper use of the sleeper.
Shortly after, Americans heard from the AAP: “This product is deadly and should be recalled immediately.”
Despite the AAP recommendations, Fisher-Price managed to introduce the Rock n’ Play and sold it for a decade. Before the recall, it was selling for $40 to $149 at various retailers. The product sits elevated in a canopy-like environment for sleeping and sitting and featuring a “motorized rocking motion” and musical tunes. The problem is when a baby’s head falls forward or sideways. This can block the child’s access to oxygen.
Parents should do careful research when buying children’s products. Monitor the CPSC website for warnings and recalls, as well as the Consumer Reports website. We can expect to hear more about the dangers of other sleeper products in the near future, as Consumer Reports continues its investigation. On April 11, it reported on four other child deaths linked to Kids II sleepers.
More Reading:
Fisher-Price Rock ‘n Play Sleeper Should Be Recalled Immediately, Consumer Reports
Fisher-Price Rock ‘n Play Recall, New York Times
Buying Safe Toys, Breakstone, White & Gluck Project KidSafe
Contact the CPSC About Dangerous Products and Injuries
If you are ever injured while using a consumer product, you should contact the CPSC to report the injury. The CPSC is the federal agency responsible for overseeing the recall process, releasing warnings to the public and collecting injury data. The CPSC works with manufacturers to issue product recalls.
Free Legal Consultation – Contact a Boston Product Liability Lawyer
If you have been injured, it is also in your best interests to consult a Boston product liability attorney. At Breakstone, White & Gluck, our Boston attorneys have represented clients injured by defective products, medical devices and vehicles. Prompt investigation is necessary in product liability cases and our attorneys are known for our thorough, detailed and capable investigation.
For a free legal consultation, contact our lawyers today at 800-379-1244 or 617-723-7676 or use our contact form.
‘Tis the Season for Product Recalls and Returns
‘Tis the season to shop for holiday toys and gifts. Or to bring that product back, for a full refund or replacement?
While a record number of consumers shopped for the holidays, IKEA and Honda issued major safety recalls in November. We share an update on these recalls and continue our Project KidSafe series on toy safety.
Honda Odyssey Recall. It’s a replacement part if you own a Honda Odyssey and unfortunately, you can expect to wait.
107,000 Honda Odyssey vans because of a problem with the power doors. Photo: Wikipedia.
Just in time for the Thanksgiving drive, Honda recalled 107,000 Honda Odyssey vans because the power doors may improperly latch and can potentially open while the vehicle is in operation. Honda has not received any reports of injuries.
Honda recalled vehicles from the 2018 and 2019 model years on November 20, 2018. The automaker called on drivers to request replacement power sliding door kits through an authorized Honda dealer. Replacement parts should arrive at licensed dealers in late December.
Honda advised owners they can disable the power door. Use manual operation until replacements arrive.
This is not the first recall involving Honda Odyssey vans. Last year, 900,000 Odyssey models from 2011 – 2017 were also recalled. In that case, Honda reported second-row seats could tip forward if not properly latched. Tipping could happen during moderate or heavy braking if seats were not properly latched after adjusting side-to-side or reinstalling a removed seat. Honda received 46 reports of minor injuries.
To learn more about the recalls, visit the Honda website.
IKEA recalled these dining room tables in November 2018 because the dining surface can collapse. Return for a refund.
IKEA Tables. It is a return if you have an IKEA table. The retailer recalled 8,200 dining tables in the U.S. and 1,500 in Canada on November 27, 2018, warning the table’s glass extension leaf can detach and drop.
This has already happened three times. IKEA reports one minor injury, requiring no medical attention.
These tables sold at IKEA stores and online from February 2017 through October 2018. They sold for approximately $300. IKEA says consumers can return them for a full refund or a replacement table. Learn more on the Consumer Product Safety Commission website.
Consumer Safety Tip: Consumers do not have to wait for the news media to report unsafe products and product recalls. You can view recalls online on the CPSC website and even sign up to receive email alerts when products are recalled. Visit the toy safety page on our website to learn how to sign up.
Not every recall is the same. The CPSC can release product recalls calling for refunds or replacements. Some products can be repaired easily. Others cannot. Consumers should pay attention to all recalls. Encourage friends and family to do the same: return and refund or replacement/repair. Another option is just remove the recalled product from your home, if it can be taken apart and discarded with care, so other children cannot reuse it.
A Decade of Toy Safety Efforts, Passage of Federal Safety Legislation to Protect Massachusetts Families
At Breakstone, White & Gluck, our Boston product liability lawyers specialize in representing those injured by defective products. Toy injuries are common, even though toys should only be safe and fun for children. It is painful to learn they can be defective or may not have been fully tested or properly labeled. Defective toys can cause serious injuries, including fingertip lacerations, burns, facial injuries and broken bones. For children under age 3, the leading hazard is toys which contain small parts and balloons which can cause choking and suffocation. Toys should be tested to see if parts can fit through the “small parts” test. Those which pass through the “small parts” cylinder should have age-appropriate warnings, which read “Choking Hazard – Small Parts. Not for Children Under 3 Yrs.”
Among older children and teens, Hoverboards and riding toys are popular holiday gifts. These toys have injured and killed in recent years, with Hoverboards also burning down homes as the lithium ion batteries charged. Before you buy, check the CPSC’s safety standard for Hoverboards (UL2272 safety standard). Remember the standard is still new, first issued in 2016, and not an endorsement for safety. In fact, the CPSC has strongly urged consumers not to buy Hoverboards, as has W.A.T.C.H., the Boston-based non-profit which included Hoverboards on its “10 Worst Toys” lists.
Taking the time to check if a toy you want to buy – or already own – has been recalled can prevent injuries and save your loved ones’ lives. The number of toy recalls varies by year, but there are always recalls. So far in 2018, we have seen child-related recalls of dolls, toys with loose wheels, clothing, toys with excessive lead limits and go karts. In 2017, the CPSC reported 28 recalls of individual products. Over the past 10 years, 2008, 2009 and 2010 have seen the most toy recalls, with the highest number coming in 2008, when 172 toys were recalled, according to the CPSC.
This was the first year of major safety changes, including passage of the landmark Consumer Product Safety Improvement Act (CPSIA) of 2008. For the first time, toys had to be tested to ensure compliance with the law and the CPSC was granted greater authority in overseeing toy safety standards. Federal limits were also imposed on toys containing lead and other chemical hazards. In December 2008, Mattel and subsidiary Fisher Price agreed to pay $12 million to Massachusetts and 38 other states over events leading to recalls of toys with lead levels above the new federal limit.
Beyond toys, children’s products are also subject to frequent recalls, including names like Graco car seats and Britax strollers. This is a frightening fact, because these products carry children.
Breakstone, White & Gluck writes about toy safety as part of our Project KidSafe campaign, with a goal of preventing toy-related injuries. Our recent blogs:
Trouble in Toyland Report Offers Valuable Warnings For Holiday Shoppers
Hitting the Safety Brake: A Warning About Battery-Operated Ride-On Toys
Trouble in Toyland Report Offers Valuable Warnings For Holiday Shoppers
There is “Trouble in Toyland.” For the 33rd year, U.S. PIRG has released its annual survey on toy safety. This is a widely respected survey, which over the years has dispensed valuable information to protect children and families. The survey has led to the recall of more than 150 unsafe toys.
Highlights from this year’s report:
- Toys which have been recalled for safety issues over the past year
- Toys which contain high levels of toxic materials, such as boron
- Toys which do not meet labeling requirements
- Toy regulations
Toy recalls
Over the past year, the Consumer Product Safety Commission (CPSC) announced more than 40 recalls of toys and children’s products, such as wagons and strollers. These recalls represent 2.7 million units. During its survey, the group did not find any recalled toys or products still being sold. This is good news for consumers, but you still need to check products for yourself by going online. You can visit the CPSC Recall list.
You can also check the U.S. PIRG’s “Trouble in Toyland” report, so you can be informed while you shop or to see if you have any recalled toys in your home (See Appendix 4, page 29). Many people do not hear about recalls so it’s worth checking.
If you find a recalled product, you can contact the manufacturer for a refund or a repair. In some cases with inexpensive toys, it may be best just to discard it from your home in a safe way. Move onto other toys.
U.S. PIRG has long advocated for improvements to the CPSC’s recall system. One concern is that companies are not required to report how many consumers actually return products for repairs or refunds.
Toxic Materials
The report focused on two toxic materials in toys: Lead and boron.
Beware of Slime: U.S. PIRG Researchers found 6 popular Slime sets which contain dangerous levels of boron.
Lead. Lead was banned from household paint, children’s products and cookware 40 years ago. But federal law states children’s products made after August 2011 can contain no more than 100 parts per million. Because lead is highly dangerous when breathed in, be careful when buying toys such as paint sets and other products. Electronic devices can contain some lead parts, as can metal components of bicycles. The American Academy of Pediatrics (AAP) recommends all products for children contain no more than trace amounts of lead (40 ppm).
Boron. Your child may be begging you to buy one of those popular slime toy sets. U.S. PIRG says you can’t trust these products are safe. Researchers found six slime products on the market had dangerously high levels of boron. One brand, “Kangaroos Original Super Cool Slime,” contained concentrations as high as 4700 parts per million (ppm).
Boron is a chemical element used mostly in glass manufacturing, pesticides, antiseptics and detergents. Children can ingest small amounts, even less than 3.68 ppm and suffer symptoms of nausea, vomiting and potentially longer term impacts on reproductive health. The Environmental Protection Agency (EPA) reports certain levels can even be lethal. Say the “Kangaroos Original Super Cool” slime has up to 4700 parts per million (ppm). Then consider that six states have made recommendations on boron limits in drinking water, non exceeding 1 ppm. It’s a frightening discrepancy. U.S. PIRG has asked the CPSC to explore setting limits on boron levels, as Canada and other countries have.
We recommend parents spend their money elsewhere this year. There are so many toys out there, which your child would enjoy without risk to their safety. Likewise, if your child plays at another friend’s home or goes to daycare, make sure the adult in charge knows you don’t want your child playing with slime sets.
| Slime Toys with Dangerous Levels of Boron |
| Kangaroos Original Super Cool Slime – Amazon – 4700 ppm |
| Kidsco Glow in The Dark Slime – Amazon, Walmart – 4600 ppm |
| Toysmith Jupiter Juice Slime – Amazon, Walmart – 1900 ppm |
| iBaseToy Fluffy Slime – Amazon – 1500 ppm |
| Haniex Soft Magic Crystal Slime – Amazon – 1400 ppm |
| Meland Fluffy Slime Amazon Boron – 1100 ppm |
| Data from U.S. PIRG “Trouble in Toyland” Report 2018. |
Labeling
Drawing of the small cylinder test for toys. Credit: CPSC website.
Toymakers are responsible for properly labeling their products, especially those with small parts which are not intended for children under age 3. This warning is essential. Children are often putting small parts in their mouths. From 2001 to 2016, more than 110 children died this way, according to U.S. PIRG.
What’s important for consumers to know is the CPSC has a Small Parts Ban. Toys must be tested to make sure they cannot pass through a test cylinder, which has a diameter of 1.25 inches. The cylinder has a slanted bottom, opening 1 to 2.25 inches. If a toy can pass through, it must be properly labeled: WARNING: Choking Hazard-Small Parts. Not for Children Under 3 Yrs.
Researchers identified a few toys which are being sold online without age appropriate labels this year – Hatchimals and L.O.L. Surprise toys. Parents should watch and carefully inspect every purchase you make. A good rule of thumb is to open every toy well in advance of giving it to a young children. Open it out of your children’s reach, such as in a basement.
Balloons are another product which are not being labeled properly. Balloons should come with warnings that they are a potential choking hazard to children under 8 years old. Yet, 87 percent of the latex balloons on Amazon.com carried no warnings, according the survey.
Toy Regulations
As consumers, we deal with packaging, price tags and shipping dates more than regulations. But the “Trouble in Toyland” report shares three important regulations on page 17:
- Small Parts Ban (1979)
- The Child Safety Prevention Act of 1994
- The Consumer Product Safety Improvement Act of 2008
Read the 2018 “Trouble in Toyland” report.
About Breakstone, White & Gluck
Free Legal Consultation: 800-379-1244
Breakstone, White & Gluck of Boston specializes in handling personal injury and product liability cases. This holiday season, we are committed to sharing toy safety tips as part of Project KidSafe campaign. We wish you a safe and healthy holiday season.
Learn more about our firm: www.bwglaw.com.
Hitting the Safety Brake: A Warning About Battery-Operated Ride-On Toys
Dynacraft Ride-on Toys recalled 20,000 battery-operated ride-on toys after reports that the pedals were not working in 2017. Always check for product recalls before you buy any holiday toy. Photo credit: Consumer Product Safety Commission notices.
Battery-operated ride-on toys may look like fun holiday gifts. Parents and grandparents even have their choice of models, including the Jeep, Mercedes-Benz and Lamborghini to name a few.
Shoppers can get easily caught up in the “cuteness” factor. It’s not that simple, though. Ride-on toys can be heavy and motorized. Be cautious when buying, even with push or pedal ride-on toys, because you are trusting these toys to support your child.
The Consumer Product Safety Commission (CPSC) has been working to improve safety for ride-on toys, because children have suffered injuries and even deaths. In 2016, three children died in riding toys in toy-related injuries, all encounters with motor vehicles (Source: CPSC). Riding toys, motorized and non-motorized, were associated with the highest number of toy-related deaths that year – or 43 percent.
Before you buy, please step on the brakes and consider our safety tips.
Potential Harm: Motor Vehicles and Fires
Why are riding toy cars so dangerous? The greatest danger is children can be hit by adult-sized vehicles. But motorized toy cars can also overheat, as a North Andover family learned last August. A mother had the terrifying experience of having to pull her children out of a toy car, just after smoke started coming from the hood and before the flames. Other potential issues are children can attempt to stand and cars can tip, resulting in head injuries. Remote controls can provide parents a false sense of security. Parents may have more control just pushing their children in a non-motorized toy.
Safety Tips for Buying Ride-on Toy Cars
- Steer clear of motorized, battery-operated toy cars. Consider buying a tricycle or another non-motorized toy instead.
- If you buy a battery-operated toy car, look for the age recommendation. Many of these toys are recommended for children age 2+, which we feel is too young. But the age recommendation is a starting point for many families.
- Check the label to see if the riding toy meets the CPSC’s toy safety standards. In 2016, the federal toy safety standard, ASTM F963, was specifically updated to address overload, stability and restraints on riding toys.
- Check if the toy car has been recalled on the CPSC website.
- It’s not just toy cars. Any riding toy with a motor can malfunction. Last March, the CPSC recalled these Radio Flyer electric wagons due to motor problems.
- Read the product specifications and instructions online before purchasing. Consider whether you have the time for this type of toy.
- Test the riding toy before your child rides.
- Always supervise your children when they ride. Stay on the driveway and sidewalks near your home. Fenced in areas, such as backyards, are best if the product is designed for use on grassy surfaces.
- Protect your child’s head with a bicycle helmet.
- Follow instructions for properly seating your child. Ride one child at a time.
- Find a safe place to park the riding toy. Commit to properly securing it after each use.
- Keep the box. When your child outgrows the riding toy, remove it from your home.
Free Legal Consultation: 800-379-1244
For more than 25 years, Breakstone, White & Gluck has represented those who have been injured or killed by defective products which should have never been sold. This holiday season, our Boston personal injury lawyers are committed to helping consumers make informed buying decisions to prevent toy-related injuries.
If you have been injured in a motorized toy car accident or any other type of accident, our attorneys offer a free legal consultation and can help explain your rights for seeking potential compensation. Call 800-379-1244 or 617-723-7676 or use our contact form.
The 10 Worst Toys of 2018
W.A.T.C.H. has released its annual nominees for the 2018 Worst Toys list. The Boston non-profit warns shoppers to steer clear of the following toys this holiday season:
Photo courtesy: W.A.T.C.H. 2018 Worst Toys report.
Nickelodeon Nella Princess Knight Pillow Pets Sleeptime Lites
Parents should never leave infants in their cribs with toys, especially those with small pieces or strings. This toy is marked for ages 0+, for use as a nightlight or bedroom toy. While it does carry some warning labels – warning parents not to leave it in the crib or let children play with it unattended – this isn’t enough to protect children. W.A.T.C.H. cited this and other hazards, including small accessories and a warning about batteries which can leak. This toy is being sold online through Target.com and Google Express, as well as in Target stores.
Nerf Vortext VTX Praxis Blaster
Photo courtesy: W.A.T.C.H. 2018 Worst Toys report.
Nerf toys have received bad press for causing eye injuries. In this case, the Nerf gun is recommended for users age 8 and older and can shoot 10 discs in a row. W.A.T.C.H. calls this a potential hazard for eye and facial injuries. The blaster is sold at Target. Target.com, Amazon.com, Walmart.com, Ebay.com and Bonanza.com.
Marvel Black Panther Slash Claw
These make the list because they can cause injuries and can encourage hitting. The claws are encouraged for children age 5 and older and the packaging states children can “slash” like the Black Panther.” At the same time, the packaging also advises children not to swing at other people or animals and to steer clear of breakable objects. If children use the toy, they are likely to break all those warnings, which is why W.A.T.C.H. included it this year.
Power Rangers Super Ninja Steel Superstar Blade
This is a sword-like toy and made the list for poor taste and the potential for facial and other impact injuries.
Photo courtesy: W.A.T.C.H. 2018 Worst Toys report.
Cabbage Patch Kids Dance Time Doll
You may think this is a sweet, fun gift. But the toy has a removable headband, which W.A.T.C.H. says can be ingested. The toy is marketed for children age 2+ and is sold at Target, Target.com, CabbagePatchKids.com, Bonanza.com and Blinq.com.
Zoo Jamz Xylophone
This Vtech brand toy made the list for presenting a potential choking hazard. A young child could put the drumstick handle in their mouth and block their airway, W.A.T.C.H. says. The product is designed for children age 1 1/2 to 4 years old. It is sold at Walmart, Walmart.com, as well as Amazon and other retailers.
Nici Wonderland Doll: Miniclara the Ballerina
This pink ballerina and her kitten are not safe, W.A.T.C.H. says. There is nothing wrong with the little girl, but the kitten can become detached and a child could ingest it. A few of the retailers selling the toy: Amazon.com, Walmart and Barnes & Noble.com.
Stomp Rocket Ultra Rocket
This product is for children age 6 and older. Children are supposed to step onto the pedal to launch the rocket. The rockets can go high – up to 200 feet. W.A.T.C.H. recommended parents keep it off their holiday shopping lists this year, saying it can cause serious eye or face injuries.
Cutting Fruit
Magnetic fruit toys with a hard plastic knife are not a safe gift, W.A.T.C.H. says. The set is marketed for children age 2+, even though the knife can be used to cause puncture wounds.
Chien Á Promener Pull Along Dog
W.A.T.C.H. says this toy falls between regulations and safety. Manufacturers can only market toys with strings under 12 inches for use in cribs and playpens. Pull toys don’t have the same restriction and the result is a toy with a 19-inch draw string can legally be sold to children. The age recommendation on this product is only 1-3 years old. There are no safety warnings. It is available on Amazon.com, Magic Beans and Mbeans.com.
More information on the 10 Worst Toys of 2018 list.
About Breakstone, White & Gluck
Breakstone, White & Gluck is a Boston law firm specializing in personal injury and product liability claims. We represent those who have been injured by the negligence and wrongdoing of others. If you have been injured, it is important to learn your legal rights for seeking compensation to cover lost wages, medical care and other financial losses. For a free legal consultation, contact the Boston personal injury lawyers of Breakstone, White & Gluck at 800-379-1244 or 617-723-7676 or use our contact form.
Protect Your Children from Lithium Button Batteries
Beware of Lithium button batteries this holiday season. These are a serious danger to young children, who can swallow them and suffer serious internal injuries.
New parents quickly learn the secret to surviving the holiday season: stock up on batteries. While all batteries should be handled with care, we want to share a few safety tips for handling lithium button batteries.
Small, just the size of a button, these batteries are easy to overlook when you child-proof your home. But button batteries are a giant danger. A child can find one and put in their mouth. Without proper medical care, within hours, a child can suffer severe burns to their esophagus.
In 2010, researchers at Children’s Hospital of Philadelphia tracked more than 3,400 cases of children who swallowed button batteries. The hospital reports 15 children have died and another 80 children have suffered permanent injuries after ingesting button batteries.
Our tips to protect your children:
- Read product labels before you purchase. You may not realize some toys or products have lithium batteries because you do not have to install them. Likewise, products you may guess have lithium batteries may not. It is essential to read and ask questions.
- Know where lithium button batteries are in your home. You can find them in certain toys and baby monitors, as well as remote controls, garage door openers, car keys and bathroom scales. You may also wear a watch powered by a lithium battery.
- Remove products containing lithium batteries from your home. If you really need these products, at least secure them out of your child’s reach.
- Be suspicious of holiday gifts and trinkets. Holiday cards, electric candles and interactive gifts, such as musical stuffed animals, may have lithium batteries. Stop these products before they come into your home. As for holiday cards, enjoy them and discard them the same day. If you keep them, remove the battery.
- Research your holiday gifts. Go online and search for product recalls involving any toy you wish to purchase. You can visit the CPSC website. Search for both the product you are interested in buying and batteries.
- Warn your family and friends. With Thanksgiving just a few weeks away, now is an ideal time to share safety information with your loved ones. Urge family members, friends, grandparents and caregivers to carefully select holiday gifts, make use of toy recall alerts and move products with button batteries out of your child’s reach.
What to do if a child swallows a lithium button battery
If your child ever swallows a button battery, go to the hospital immediately. The sooner a child receives medical attention, the better. A child can suffer a serious internal injury within hours of swallowing a button battery so every second counts.
We hope your child is never injured. But it is critical to understand the symptoms when children swallow button batteries. Parents may not see a child swallow a button battery or may not even know a button battery was in their child’s reach.
These are common symptoms
- Decreased eating or drinking
- Difficulty swallowing
- Vomiting
- Vomiting blood
- Chest pain or discomfort
- Abdominal pain, blood in saliva or stool
- Drooling
- Crying
If you suspect your child swallowed a button battery, the Children’s Hospital of Philadelphia advises parents to seek immediate medical treatment and to refrain from giving the child medications, food or anything to drink. Never attempt the Heimlich maneuver either. This can worsen the injury.
About Breakstone, White & Gluck and Our Commitment to Safety
This holiday season, Breakstone, White & Gluck is committed to sharing tips on toy safety. Every toy, every product you buy should be safe to use, but this is not always the case. Because of this, our Boston product liability lawyers want to share tips from our experience to help parents and grandparents make safe buying decisions.
Breakstone, White & Gluck is a top-rated Boston personal injury law firm, with lawyers who have been consistently recognized for excellence over the past 26 years, including by Top 100 New England Super Lawyers, Best Lawyers in America and Martindale-Hubbell. Our attorneys have also been recognized for starting our Project KidSafe campaign and working to help prevent injuries and deaths by providing safety education to families. To date, we have donated over 25,000 bicycle helmets to children, with a goal of preventing head injuries.
Learn more about Breakstone, White & Gluck: www.bwglaw.com. If you have been injured, our attorneys offer a free legal consultation and can help explain your rights for seeking potential compensation. Call 800-379-1244 or 617-723-7676 or use our contact form.
Additional Resources for Parents
We encourage parents to watch these videos.
After Kidde Recall, Consumers Are Urged to Check Smoke Alarms
Kidde recalled nearly a half million smoke alarms which may have a dangerous yellow cap left inside. (Recall date: March 21, 2018; Photo: CPSC website)
Please check your smoke alarms when you get home. Kidde has recalled nearly half a million smoke alarms, urging consumers to check devices for yellow caps potentially left on during the manufacturing process. According to the company’s recall notice, the cap would be on one of two sensors inside the smoke detector, compromising the device. Consumers have to do this inspection carefully. You will be looking for the yellow cap through the opening on the side of the device, as shown in the photo. Be careful not to open the smoke alarm or take it apart.
Because Kidde is one of the largest manufacturers, every consumer should check their smoke alarm. If you have a Kidde device, you will need to take it off the wall or ceiling to check the date code on the back. The recalled smoke alarms were dated September 10, 2016 through October 13, 2017. They were sold through January 2018 at Home Depot, Walmart and other retailers. They were manufactured in China, by Fyrnetics Limited, of Hong Kong.
Recall Numbers:
PI9010 (DC/battery powered)
Date codes: Sept. 10, 2016 through Oct. 13, 2017
PI2010 (AC/hardwired)
Date codes: Sept. 10, 2016 through Oct. 13, 2017
Steps for Inspecting Your Smoke Alarm
The Consumer Product Safety Commission recall notice warns consumers not to open the device. Take it off the ceiling or wall, then inspect the alarm through the opening on the side of the device. If you see a yellow cap, you should immediately contact Kidde toll-free at 833-551-7739 for a free replacement. We encourage you to read the recall notice for hours of operation and other information.
Kidde issued the product recall after the yellow cap was found on a smoke alarm which was about to be installed in a consumer’s home. No injuries or incidents reported. Kidde recalled 452,000 smoke alarms sold in the United States and about 40,000 in Canada.
Importance of Smoke Alarms
Smoke alarms are fundamental to safety. Massachusetts has strict laws requiring installation in residential and commercial property. Yet 3 out of 5 home fire deaths in the U.S. are caused by smoke alarm failures, according to the National Fire Protection Association. Nearly 40 percent of these homes had no smoke alarms and about 20 percent had non-working smoke alarms.
Do everything you can to protect your family. Commit to replace the batteries when you set the clocks back or ahead for Daylight Saving Time. Regularly test your smoke alarm batteries every month.
Please share this recall with family members and friends. Offer to help anyone who needs it. In addition to the elderly, check in with college students or adult children who are living in apartments. Also check in with any family members who are new homeowners, still getting to know their appliances.
About Breakstone, White & Gluck
At Breakstone, White & Gluck, our lawyers specialize in personal injury, medical malpractice and product liability cases. Our lawyers are committed to fighting for justice for those who have been seriously injured or killed by the negligence and wrongdoing of others. If you have been injured, learn your rights. For a free consultation, contact our attorneys at 800-379-1244 or use our contact form.
Takata Airbag Recalls Continue in 2018
The National Highway Traffic Safety Administration (NHTSA) has expanded the Takata airbag recall by 3.3 million vehicles. The question now is how many more recalls are ahead?
So many drivers have been impacted. To date, 34 million vehicles have been recalled, according to the NHTSA website. USA Today reports the airbags are now responsible for at least 20 deaths, while injuring 180 others. Millions of other drivers have had to wait out a slow replacement process.
The U.S. Department of Justice fined Takata $1 billion early last year. Because there are so many defective airbags, the NHTSA plans to issue phased recalls through December 31, 2019. Older vehicles and those in hot and humid states have received the highest priority. The schedule is designed to repair vehicles before the chemical in the inflator starts to break down.
Background
Even as we drove cars with its airbags, many of us had never heard the name Takata until 2014. This was a hard-to-forget year, bringing two of the largest auto recalls in U.S. history. First came G.M., which was forced to recall millions of vehicles with faulty ignition switches. The company went on to pay a record $35 million fine for failure to report the defect. Mary Barra, chairman and CEO of G.M., had to answer to lawmakers on Capitol Hill.
Then came Takata, the subject of that now famous New York Times report. The Times reported that Takata employees had tested airbags and the company knew they were defective years before speaking up. Under federal law, manufacturers have five days to report defects to the federal government.
The U.S. Department of Justice fined Takata $1 billion in January 2017. At the same time, it charged three Takata executives with wire fraud and conspiracy. The fine included $850 million in restitution for automakers who purchased the defective airbags. Another $125 million was set aside for those injured and their families.
What Drivers Should Know Going Forward
Takata airbags use ammonium nitrate inside the airbag’s inflator. When exposed to hot temperatures and humidity, the chemical can become volatile, exploding and shattering metal pieces into the vehicle.
The new recall is for frontal airbags in certain 2009, 2010 and 2013 vehicles made by 15 automakers. The automakers will provide more information about specific models in a few weeks.
If your car is not impacted, that is great news. But your vehicle may be subject to a future recall. Takata has to file five reports with the NHTSA. The fourth and fifth notices are due December 31, 2018 and December 31, 2019.
If your vehicle has defective airbags, call your dealer immediately to schedule a repair. Other drivers can stay informed.
The NHTSA urges drivers to check Safercar.gov or use its Recalls Lookup Tool periodically. If you check it today, remember that vehicles from the latest recall will be added in a few weeks. You can also sign up for recall alerts and check to make sure your vehicle’s registration is up to date. You want to make sure the manufacturer can contact you without delay.
About Breakstone, White & Gluck
The Boston product liability attorneys at Breakstone, White & Gluck have over 100 years combined experience representing those who have been injured as a result of someone else’s negligence. If you have been injured by a defective product, learn your rights. For a free legal consultation, contact us at 800-379-1244 or 617-723-7676 or use our contact form.
Honda Motor Co. Fined $70 Million for Failure to Report Injuries and Deaths
Last week we learned the National Highway Traffic Safety Administration (NHTSA) issued Honda Motor Co. two safety fines totaling $70 million. The fines were announced last week but had been issued before the New Year. These are the largest penalties the NHTSA could impose. With them, automakers finish the year paying $126 million in civil penalties, the most ever for one year. The amount also exceeds the total amount collected in all 43 years of the NHTSA’s operation.
Honda’s Fines
- Honda was fined $35 million for failure to report submit early warning reports (EWR reports) identifying potential or actually safety issues. The company failed to report 1,729 death and injury claims between 2003 and 2014.
- Honda was fined a second $35 million for failure to report certain warranty claims and claims related to its customer satisfaction campaigns, in which a manufacturer quietly agrees to fix defects on cars even beyond the normal warranty period.
Honda was ordered to submit injury reports as part of the NHTSA’s investigation on defective Takata airbags last year. Some of the drivers who died as a result of the Takata airbag defects were driving Honda vehicles. The airbag defects are linked to at least five deaths and dozens of injuries in the U.S. Automakers have recalled nearly 14 million cars with these airbags worldwide. Takata, a Japanese company, has limited its recalls to Florida, Hawaii and other warm weather states, despite pressure from the NHTSA to expand the recall nationwide.
Other Companies Which Were Fined
Among the companies the NHTSA fined last year: Gwinnett Place Nissan, Ferrari S.p.A. and Ferrari North America, Chapman Chevrolet LLC, Hyundai Motor America, General Motors Company and Prevost and Southern Honda Powersports.
Then of course there was General Motors, which was fined $35 million for how it handled a recall of more than 2 million vehicles with ignition switch problems. It also paid a separate $441,000 fine for failure to fully respond to a special order by a specified due date.
Toyota is not on the list of companies which paid civil penalties in 2014. But it paid the U.S. government a $1.2 billion criminal fine for it actions during a safety investigation.
Proposed Safety Changes for 2015
In the New Year, the U.S. Department of Transportation and NHTSA are proposing to increase the maximum fine for auto safety violations from $35 million to $300 million. The agencies also want the NHTSA to have additional authority to compel companies to recall unsafe products.
Related:
U.S. Department of Transportation Fines Honda $70 Million for Failing to Comply with Laws That Safeguard the Public, National Highway Traffic Safety Administration.
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Defective Bean Bag Chairs Kill Two Children by Suffocation
More than two million bean bag chairs have been recalled after heartbreaking accidents in which children suffocated and died.
The Consumer Product Safety Commission (CPSC) announced last week that Ace Bayou Corp. of New Orleans, Louisiana has voluntary recalled 2.2 million bean bag chairs, including both traditional and L-shaped bean bag chairs.
The bean bag chairs have zippers which can easily be opened, a violation of the CPSC’s voluntary standard. Children can crawl inside, become entrapped and suffocate from lack of air or choke on the chair’s foam beads.
Prompting the recall were the deaths of a 12-year-old boy from Texas and a 3-year-old girl from Kentucky. The children were found inside bean bag chairs after suffocating. The boy’s mother told the media that the bean bag chair had been in her son’s room for years and she never thought he would climb inside.
The CPSC instructs consumers to check for these bean bag chairs in their homes. For the full list of recalled models, see the end of this blog.
The chairs have two zippers. Consumers can contact Ace Bayou for a free repair kit to permanently disable the zippers. Consumers should take chairs which can be unzipped away from children.
The defective products were sold at Bon-Ton, Meijer, Pamida, School Speciality, Wayfair and Walmart and online at Amazon.com, Meijer.com and Walmart.com. They were sold prior to July 2013 for $30-$100.
Another option is to simply remove these products from your home altogether. Call Ace Bayou and ask them how to safely dispose the product. (Remember, you should never give someone a recalled product or resell it to anyone. Reselling a recalled product is against federal law.)
Bean bag chairs have a history of injuring children. In the 1990s, the CPSC received reports that 5 children died from suffocation inside bean bag chairs and 27 were injured but recovered. It then launched an industry investigation and recalled 12 million bean bag chairs. More than a dozen manufacturers were involved in that recall effort.
More Recall Information
CPSC Recall Notice Read More