Posts Tagged ‘lawyer’
Make Sure Not to Buy from the “10 Worst Toys” of 2014 List
Before you shop, please check out the Worst Toys of 2014 list by W.A.T.C.H. Since last year, there have been at least 17 toy recalls in the U.S. and Canada, accounting for 5 million defective toys, reports the watchdog group which releases its list annually.
Shop carefully, even at familiar and trusted stores. Of course you should avoid the toys listed below. But make your own judgments on the safety of the toys you are considering. The main things to beware of are:
- Marbles and small pieces
- Sharp edges
- Small magnets
- Flimsy toy accessories or pieces which are loosely attached
- Toys with strings (such as musical instruments and necklaces)
- Toys which shoot sharp projectiles
Also, remember to buy toys which are age-appropriate, read the warnings on the toy box and watch out for toy packaging materials. Toys and many products come with an almost-invisible plastic lining on mirrors, digital screens and other pieces. Many also come with a lot of plastic wrap. These are all choking hazards and you should remove them before giving toys to children.
Here are the W.A.T.C.H. nominees for the “10 Worst Toys” of 2014.
1) Air Storm Firetek Bow
This toy is designed for children 8 years and older, but it shoots arrows up to 145 feet high in the air and can cause eye injuries. It has glow pieces and is marketed for day or night use, thought it warns against use in the “complete dark.” Finally, the packaging carries several other warnings, more than most people want when buying a toy. It sells for under $25 at Walmart and Amazon.com.
2) Radio Flyer Ziggle
The seat on this bike is too low, just 8 inches off the ground, W.A.T.C.H. said. The bike’s packaging also features young children who are not wearing bike helmets, which puts them at risk for head injuries. The $39.99 bike is sold at Target, Toys R Us and Amazon.com and is recommended for children ages 3 to 8 years old.
3) Catapencil
This pencil is also a catapult. The packaging encourages children to enjoy target practice from their desktops and reads, “Because the pencil is mightier than the sword.” There are no safety warnings or age recommendations. This $3.99 toy is sold at Amazon.com, Ebay.com and Learning Express.
4) Alphabet Zoo Rock and Stack Pull Toy
This toy has a 20-inch cord, which is eight inches longer than industry safety standards. It creates a strangulation risk for young children and the manufacturer even warns parents about this risk on the packaging. This toy is sold for $19.99 at Amazon.com, Toys R Us and Magic Beans stores.
5) SWAT Electric Machine Gun
Junxing Toys Industrial Co. warns buyers on the packaging that its toy gun may be mistaken for an actual firearm by law enforcement officers and others. W.A.T.C.H. rightfully says there is “no excuse for outfitting children with realistic toy weapons designed to produce potentially dangerous and unnecessary thrills.” The recent killing of a 12-year old, who was carrying a toy gun mistaken in for a real gun, in Cleveland is a serious reminder of this risk.
6) Wooden Instruments
This toy is designed for children 12 months and older, but includes a 4 ½ inch long drumstick which children can mouth and get lodged in their airway. Additionally, there are no warnings on the toy, which is sold at Walmart.
7) Bottle Rocket Party
This toy makes use of projectiles which can strike and injure a child. There are safety goggles advertised on the packaging, but they are not packed in the box. This toy by Norman & Globus is recommended for children age 8 and older and is sold for $14.99 at Walmart.com, Amazon.com and the Village Toy Shop.
8) Lil’ Cutesies – Best Friends
While advertised as the “perfect friend for your little one,” this toy is dangerous, according to the W.A.T.C.H. report. The decorative bow can detach from the doll’s head and pose a choking hazard. The toy is designed for children age 2 and older. It is sold for $7.99 or less at Kmart, Toysrus.com and Amazon.com.
9) True Legends Orcs Battle Hammer
This hammer is marketed to children as young as 3 years old, yet it comes with a hammer which stretches nearly 2 feet. Do not look for safety warnings and instructions–there are none! It is distributed by Toys R Us and sold at stores for under $15.
10) Colored Hedgehog
The hedgehog’s hair can be easily pulled out, posing a risk for ingestion and aspiration injuries, W.A.T.C.H. says. This infant toy is sold for $10.99 at Toys R Us.
Read the full Worst Toys of 2014 list. Photo credit on this blog: W.A.T.C.H. and the Worst Toys of 2014 report.
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Shop Carefully for Strollers, Car Seats and Holiday Gifts for Families
Ready or not, the holiday shopping season begins in earnest this week. Enjoy shopping for loved ones, but remember to buy with caution, especially when selecting toys and products used by young children. The Consumer Product Safety Commission (CPSC) recalled millions of unsafe toys this year, and also many of the most basic children’s products, including car seats, strollers and furniture. Shoppers should closely examine every purchase. Here are a few holiday shopping tips:
Check for recalls. Search the CPSC database to see if a specific product has been recalled. You can also search by company.
Here are some of the important ones to remember:
Graco Recalls. Graco recalled millions of car seats earlier this year because of sticky-buckles which were trapping children in the seats. Just last week, it also recalled 4.7 million defective strollers which can cause finger amputation. Graco recalled the 11 stroller models after 10 fingertip amputations and one finger laceration. The strollers were sold from 2010 until earlier this month at a number of retailers, including Target, Toys R Us, Walmart, Amazon.com and Walmart.com. Read the recall notice.
Furniture Recalls. Common home furniture also caused child injuries this year. In August, Ace Bayou recalled 2.2 million bean bag chairs after two children unzipped them, crawled inside and suffocated to death. Anyone with one of these defective chairs should call the company for a repair kit to disable the zipper.
Another serious recall impacted in Massachusetts. Earlier in the year, Lane furniture renewed its recall of wooden cedar chests after two children in Franklin became trapped in one and suffocated. The children had apparently been playing hide-and-seek and became locked inside. The company first recalled the chests in 1996, but millions of the defective chests are believed to still be in use without the necessary repair.
In the Massachusetts case, the children’s family is believed to have bought the used chest at a second-hand store more than a decade ago. Second-hand sales are challenging to regulate, as are families and friends who pass along used products to each other. This makes it important to know the characteristics of an unsafe product as well as specific products which have been recalled.
Buy age-appropriate. Read the age recommendation on toys and children’s products. Consider a child’s family. If you are buying for a child with younger siblings, buy something which is safe for all ages in the household.
Be careful buying online. After a product is recalled, it is against the law to sell it in stores or online. But some auction and online listing websites do not police private sellers closely. Avoid these sites when holiday shopping for children.
If you purchase through a merchant website such as Amazon.com, make sure you receive the right product and that it has the same age appropriate label and pieces as shown online.
Beware of suffocation and choking hazards. Avoid balloons, marbles and toys with small pieces which children can put in their mouth. Also avoid small magnets. Remember these things come with many toys, but they also come from other gifts and products that enter a home. For instance, the magnet desk sets which were so popular many years ago for adults turned out to be extremely dangerous for children. In some cases with the Buckyball magnet sets (which have been recalled), children found small magnets years after families brought the set into their home in hard-to-reach places, such as under a couch. Our point is: Please consider every gift carefully.
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Report: Helmet Use Encouraged After Increase in Cyclist Deaths
After years of decline, a new report reveals that there has been an increase in the number of cyclists killed in motor vehicle accidents since 2010.
The Governors Highway Safety Administration (GHSA) released the, “Spotlight on Highway Safety: Bicyclist Safety” report on Oct. 27th. The report shows cycling deaths have increased 16 percent from 2010 to 2012, from 621 to 722 cyclist fatalities. During that time, Massachusetts saw the numbers almost double, from seven cyclist deaths in 2010 to 15 in 2012. The majority of cyclist deaths came from six states, including California, Florida, Illinois, New York, Michigan and Texas.
During this period, other deaths in motor vehicle accidents increased by just one percent.
Two thirds or more of cyclists killed in 2012 were not wearing bike helmets, “a major contributing factor” in deaths because many cyclists suffer serious head injuries, the GHSA said.
More details from the report:
Bike helmet use. Citing 2012 Fatality Analysis Reporting (FARS) data, the GHSA report showed 65 percent of cyclists who died in 2012 were not wearing a bike helmet. Meanwhile, just 17 percent of cyclists were confirmed to be wearing one. Helmet use was unknown for the remaining 18 percent.
Twenty one states, including Massachusetts, have laws mandating bike helmet use for children. But none requires helmet use for adult riders and the GHSA said use has to be encouraged.
In Boston, city officials have raised the idea of mandating bike helmet use. It would not be the first city to do so. Sykesville, Maryland requires cyclists of all ages to wear bike helmets. But such ordinances are largely controversial. Dallas, Texas passed a law mandating helmets for all ages, but city officials revised it this summer, limiting it to cyclists who are 17 and under.
As it stands in Boston, riders of the Hubway bike share must agree to wear bike helmets when they sign up. The City of Boston has actively promoted bike helmet use over the years through advertising campaigns and community outreach programs.
Breakstone, White & Gluck has also worked to increase bike helmet use among children in Massachusetts. Over the past two years, we have donated 3,000 bike helmets through community organizations. We are proud of this work and will be back in 2015.
Our program partners include: Boston Bikes’ Roll It Forward, a program run by the City of Boston, Worcester Earn a Bike, CYCLE Kids, Cambridge Public Schools, Somerville Public Schools, Bikes Not Bombs, Framingham Bicycle and Pedestrian Committee, East Arlington Livable Streets and Arlington Public Schools, Watertown Bicycle and Pedestrian Committee, Westborough Bicycle and Pedestrian Committee, Somerville Kiwanis, Dedham Bike Rodeo, Boston Cyclists Union, Arlington Town Day, Westwood Bicycle and Pedestrian Committee, Lexington Bicycle Advisory Committee and the Ashland Farmer’s Market and iCan Shine Camp of Arlington.
State safety efforts. The GHSA touched on safety improvements which communities can make and strongly encouraged development of cycle paths. These go a step further than traditional bike lanes and physically separate motor vehicle traffic from cyclists on the road with flexible posts or other safety measures.
If communities cannot add cycle paths, the GHSA suggests adding marked bike lanes, bike boxes which designate space in a lane for bikes at intersections, and separate bike traffic signals with advance lights for cyclists.
Boston has a 5-year action plan to build 21 miles of cycle tracks in various areas of the city.
Read the full report, “Spotlight on Highway Safety: Bicyclist Safety.”
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Brockton Pedestrian Accidents Surge, City Officials Unveil Safety Plan
The mayor of Brockton has announced a plan to improve safety for those walking in the city. The city has seen an increase in pedestrian accidents, which have recently killed 8 pedestrians and injured 75 others. Seven of the eight pedestrian deaths have occurred since August 12.
Two victims were children, and in one case, police are still searching for the hit-and-run driver. In 2013, the city saw one fatal pedestrian accident.
Mayor Bill Carpenter proposed the safety plan on Monday, which draws on resources from a number of state and local agencies, including the Massachusetts State Police, Brockton Police, the city’s Board of Health, the Massachusetts Department of Transportation, the Safe Routes Alliance and Brockton Area Transit.
His plan will focus on three areas: engineering, enforcement and education. Some of the measures still require approval from the city Finance Committee.
Educational Awareness Campaign. The city will launch a pedestrian safety awareness campaign to educate both drivers and pedestrians. One focus will be to reduce use of electronic devices and cell phones by everyone on the road. Public service announcements, video documentaries and other safety materials will be introduced to students in Brockton Public Schools.
Increased Walking Patrols. These will be expanded in high-traffic areas, to allow officers to provide pedestrians and cyclists with safety information when they put themselves in harm’s way.
Increased Traffic Patrols in High-Crash Areas. The Massachusetts State Police will work with Brockton to increase patrols in high traffic areas.
Scarecrow Patrol Cars. Brockton Police will deploy “scarecrow” cruisers at some dangerous intersections. These have no officers, but are meant to put drivers who do not know that on alert.
Clearing Sidewalks. The city’s Board of Health will conduct enforcement to make sure sidewalks are clear and can be safely used by pedestrians.
Traffic Signals. The city will consider adding pedestrian countdown features to the traffic signals on Belmont Street. At the same time, the Mass Department of Transportation is now conducting a review of traffic signals across the city.
Brockton is not the only community which has seen an increase in pedestrian accidents. Nationwide, fatal pedestrian accidents increased 6 percent from 2011 to 2012, according to the National Highway Traffic Safety Administration’s most recent figures. More than 33,000 were killed or about one every two hours.
Cyclist accidents are also on the rise, with a 16 percent increase from 2010 to 2012, according to the Governors Highway Safety Administration.
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Boston City Council Passes Truck Side Guard Ordinance
The Boston City Council has passed the Truck Side Guard Ordinance, the first of its kind in the nation. The ordinance will require side guards, convex mirrors, cross-over mirrors, and blind-spot awareness decals on all city-contracted vehicles over 10,000 pounds (or for tractor-trailer trucks with a combined weight over 26,000 pounds).
This ordinance passed quickly and unanimously last week. Mayor Martin J. Walsh, At-Large Boston City Councilor Ayanna Pressley and the Boston Cyclists Union, a non-profit advocacy group, filed the proposed ordinance on September 9th; it was approved by the council on Oct. 29th. It takes effect 180 days after passage and applies to all future contracts.
Side guards are meant to reduce injuries to drivers, cyclists and pedestrians by closing off the space under a truck. The National Transportation Safety Board recommended a side guard protocol last April, reporting that large truck side impacts comprised of 15 percent of fatal two-vehicle collisions between large trucks and passenger vehicles in 2011. In the United Kingdom, mandated side guards on large trucks reduced cyclist deaths by 61 percent and serious injuries to cyclists by 13 percent, according to a Transport for London study.
Boston’s goal is to protect cyclists, pedestrians and other drivers, but cyclists have faced especially hard road conditions in recent years. Since 2010, 11 cyclists have been killed in Boston, seven in bike accidents which involved a truck or bus, according to city figures. Injuries to cyclists from other causes have also increased, even though the city has developed Boston’s cycling infrastructure dramatically in recent years. The City continues to expand bike lanes and to work on cycle track projects which will put a physical barrier between cyclists and traffic.
Others may soon follow Boston in passing a truck side guard ordinance. Lawmakers in New York have proposed legislation that would mandate side under-ride guards on trucks, tractors, tractor trailers and semi-trailers. In Massachusetts, Somerville, Cambridge and Newton are also considering ordinances. Elsewhere, Portland and Washington D.C. also have proposed legislations or restrictions.
A few additional points:
Pilot Program. Boston began looking at truck side guards in 2013, when the Mayor’s Office of New Urban Mechanics and the city’s Public Works Department undertook a municipal pilot study of truck side guards.
Inspection. Vehicles associated with an awarded city contract will be inspected for side guards by the Inspectional Services Department and issued a permit, certifying the vehicle for 2-years.
Enforcement. Businesses will face a fine for vehicles which are not in compliance. The fines start at $100 for the first offense and rise with repeated violations to potential contract termination. The Boston Police Department will assist with enforcement.
Other City Offices. The Boston Transportation Department and Boston Bikes will assist with education, content expertise on best practice and as the point of contact for constituent reporting.
Exemptions. There are some exemptions, such as for trucks which are used exclusively for snow plowing or emergency vehicles.
Read more about Boston’s new truck ordinance.
About Breakstone, White & Gluck
The Boston personal injury lawyers at Breakstone, White & Gluck have over 100 years combined experience representing injured cyclists and pedestrians. For a free legal consultation, visit 800-379-1244 or 617-723-7676 or use our contact form.
Check Your Car’s Airbags After Recalls Linked to Four Deaths, Injuries
Last week, the National Highway Traffic Safety Administration (NHTSA) issued an advisory urging the public to act immediately on recall notices impacting 7.8 million cars with Takata airbags. The airbags are now linked to four deaths and more than 100 injuries.
If you have not already done so, please immediately check if your vehicle’s airbags have been recalled. Visit Safercar.gov. Select your auto manufacturer and enter your vehicle identification number, or VIN.
While car manufacturers are required to notify owners of recalls, do not wait to receive a letter for the company. While many of the airbags were previously recalled, you may have missed an earlier letter or may not have appreciated how serious the recall actually is.
The recalls involve Toyota, Honda, Mazda, BMW, Nissan, Mitsubishi, Subaru, Chrysler, Ford and General Motors. More than 5 million of the cars are Honda models. Many are older vehicles from the 2000-2007 model years.
After you check the site and contact your dealer, be prepared to wait. Unfortunately, many dealers do not have the parts they need to meet demand.
Prior to last week’s announcement, 2014 was already the worst year ever for auto recalls, with 50 million vehicles recalled. One in five cars in our country has a defect. General Motors (GM) paid a $35 million fine last spring and has recalled 26 million vehicles.
Why are the airbags defective?
These airbags have inflator mechanisms which can rupture and explode, sending metal and plastic shrapnel at drivers and passengers. They use excessive force. Police were investigating the death of a woman who had been in a car accident as a homicide because she appeared to have stab wounds on her neck. Then her relatives received a letter about the airbag recall to her from home from her car manufacturer. See The New York Times article, “It Looked Like a Stabbing, but Takata’s AirBag Was the Killer.”
How long will it take to get a replacement part?
It is hard to say. Some dealers already have the replacement parts ready, but others are on back order. Some car manufacturers are warning car owners not to carry front-seat passengers until the airbag defect is fixed. Toyota is telling dealers to shut the passenger seat airbags off in all vehicles that are brought in until new parts are available.
Can I get alternate transportation?
Probably not. It is unfortunate, but most of us will have to wait for the new parts to arrive. Your local dealer may also offer you a trade-in.
I did not buy my car from a dealer. I bought it from a private party.
Check your paper work from your car’s sale for the name of the dealer who originally sold the vehicle. If you cannot find this, contact any local dealer of your vehicle and ask them to assist you.
Should I purchase a car under recall?
Unless the specified repair has been made, a dealer is not allowed to sell you a car under recall and you should never purchase one under recall from a private party either.
When you are looking to buy a car, write down the model and year, then search for it online at SaferCar.gov or the Consumer Reports Recall database.
I was planning to sell my car.
You should wait for any serious defect to be repaired before selling your car. This is the safest and most ethical option regardless of the law. But there are laws to consider, including the Massachusetts Used Vehicle Warranty Law, which states private party sellers have to disclose defects to buyers.
About Breakstone, White & Gluck
The Boston product liability lawyers at Breakstone, White & Gluck have over 100 years combined experience representing clients injured by negligence in Massachusetts. If you have been injured, learn your rights. For a free legal consultation, contact us at 800-379-1244 or 617-723-7676 or use our form.
Distracted Driving Lessons in Massachusetts
This month, students at four high schools in Massachusetts will sit down at computer simulators and learn what it feels like to text or use a cell phone while driving and then crash.
This is part of Arbella Insurance Foundation’s Distractology 101 program, which will visit Braintree High School, Phillips Academy in Andover, Falmouth High School and Sacred Heart High School in Kingston. Although the young drivers will not actually suffer or cause injury, or feel the remorse of having caused the collision, they will be taught the lesson that distracted driving behaviors, such as cell phone use, using a GPS and even eating and drinking, can result in car accidents and serious injuries. These behaviors should be considered as or more dangerous than speeding or running a red light.
Consider these statistics from the National Highway Traffic Safety Administration (NHTSA):
- 10 percent of all fatal crashes in 2011 were reported as distraction-affected crashes (3,331 people killed).
- Among those who were killed, 12 percent died in a car crash which involved cell phone use.
- Some 17 percent of all injury crashes in 2011 were reported as distracted-affected crashes (or 387,000 people injured).
- Among those who were injured, 5 percent were injured in a car accident which involved cell phone use.
Laws have been implemented to reduce the dangers caused by distracted driving. While no state bans all drivers from all cell phone use, hand-held cell phone use is not permitted in 15 states, including Vermont as of Oct. 1.
Laws related to texting while driving are much more prevalent. Texting while driving is now against the law in 44 states. Washington passed the first ban in 2007. Massachusetts implemented its law four years ago. The law, St. 2010, c. 155, bans texting by drivers, including reading, writing or sending messages. Drivers cannot text while driving or sitting at red lights, intersections or other public ways. This is a primary offense, meaning police can pull drivers over when they suspect the behavior, even without any other cause.
Despite these laws, drivers here and in other states still text and check their social media accounts. Younger drivers under 25 are two to three times more likely to text or e-mail while driving than others, according to the NHTSA. But these violations are not limited to young drivers, as the evidence is that older drivers are also engaging in this prohibited behavior.
Fortunately there is some evidence that these laws are starting to work. Recently The Journal of American Health reported that traffic fatalities had dropped 3 percent in states which have primary enforcement laws like Massachusetts. States that ban younger drivers from texting while driving saw an 11 percent drop. The journal studied national traffic data over 11 years.
States may continue to pass laws to reduce distracted driving, but drivers carry responsibility for putting down the phone and becoming aware of other distracting behaviors, such as eating and drinking, talking to passengers, grooming, reading maps, using a GPS, watching a video or adjusting a radio or music player.
There are some good safety resources out there to help families understand the problem and the attitudes and behaviors that contribute to it. We encourage you to take a look and share them with your colleagues at work and with your family, friends, and children.
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About Breakstone, White & Gluck
The Boston motor vehicle accident lawyers at Breakstone, White & Gluck have over 100 years combined experience representing clients seriously injured in car accidents. If you have been injured, it is important to learn your rights. For a free legal consultation, contact us at 800-379-1244 or 617-723-7676 or use our contact form.
Attorney Sam Segal Elected Treasurer of Massachusetts Bar Association’s Young Lawyers Division Board of Directors
Congratulations to our associate, Sam Segal, who has been elected treasurer of the Massachusetts Bar Association’s Young Lawyers Division Board of Directors for the 2014-2015 year.
Segal graduated from Northeastern University School of Law in the spring of 2010. He joined Breakstone, White & Gluck as an associate after completing a co-operative internship with the firm as part of his studies. He earned a double-major undergraduate degree with honors from Arcadia University in Pennsylvania.
At Breakstone, White & Gluck, he specializes in personal injury cases, including those involving car accidents, bicycle accidents, medical malpractice and construction accidents. He was selected as a Massachusetts Super Lawyers Rising Star for 2013. Segal has participated in Young Lawyers Division events for several years and also volunteers as an attorney-coach for the Cambridge Rindge and Latin School Mock Trial Team.
Breakstone, White & Gluck has long been active with the Massachusetts Bar Association. Attorney David White served as president for the 2007-2008 term. White and attorney Marc Breakstone have led Continuing Legal Education seminars over the years, in topics such as personal injury and how to start a solo law practice. The firm is also a sponsor at the annual dinner each spring.
We congratulations all the Young Lawyers Division Board of Directors. Read the full announcement.
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Smoke Alarm Recall Affects More Than One Million
The Consumer Product Safety Commission is calling on the public to check their home smoke alarms, after more than a million units were recalled yesterday.
Kidde recalled 1.2 million smoke alarms in the United States and 112,000 in Canada. No injuries have been reported, but the models have a defect which may prevent them from working after a power outage. This is an important recall because each year, three to five deaths in property fires come in buildings without working smoke alarms, according to the U.S. Fire Administration.
The smoke alarms are all residential models:
- Kidde residential smoke alarm model i12010S with manufacture dates between December 18, 2013 and May 13, 2014
- Kidde Combination smoke/CO alarm il2010SCO with manufacture dates between December 30, 2013 and May 13, 2014
- Kidde Combination smoke/CO alarm model KN-COSM-IBA with manufacture date between October 22, 2013 and May 13, 2014
These smoke alarms are all hard-wired into a home’s electric system. The i12010S and il2010SCO models come with 10-year batteries inside while the KN-COSM-IBA uses replaceable AA backup batteries.
These smoke alarms look like most: white, round and are about 5 to 6 inches in diameter. Closely inspect the fine print on the front of yours for the word “Kidde.” On the backside, there is a label with the model number and manufacturing dates. “Always on” is also engraved on the front of alarms with sealed 10-year batteries.
These smoke alarms were sold at CED, City Electric Supply, HD Supply, Home Depot, Menards Inc. and other retailers. They were sold online at Amazon.com, HomeDepot.com and shopkidde.com from January 2014 through July 2014 for between $30 and $50.
Smoke Alarm Safety Tips
Daylight Saving Time. We will set our clocks back an hour for Daylight Saving Time on Sunday, November 2. The National Fire Protection Association and other safety officials recommend we also replace the batteries in our smoke alarms, test them to make sure they work and replace any models which are 10 years old.
Monthly Testing. Safety organizations also recommend we test smoke alarm batteries once a month.
Inform Others. Make sure everyone in your home knows what the smoke alarm sounds like and knows where they are located. Here is a resource for more safety and planning information.
Apartment Residents. If you rent an apartment, ask your building management company or property owner to show you the smoke alarms when you sign the lease. Contact them whenever you suspect a problem or have a question.
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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