Posts Tagged ‘lawyer’
Attorney David White Discusses Product Recalls on Fox 25 TV
Last weekend, two young children in Franklin tragically died after getting trapped in a defective wooden hope chest during a game of hide and seek. The chest was one of 12 million manufactured by the Lane furniture company of Virginia between 1912 and 1987.
Attorney David White from the Boston product liability firm, Breakstone, White & Gluck, commented on ways consumers can avoid injuries from defective products, including second-hand goods.
According to reports, the Franklin children were probably playing a game when they got into the chest and the lid closed. The lid automatically latched shut when closed and could not be opened from the inside. When the family purchased the second-hand chest 15 years ago, they had no warning of the defect or the fact that the product had been recalled.
Boston News, Weather, Sports | FOX 25 | MyFoxBoston
The chests were recognized as defective after four children were trapped in them and died prior to 1996, leading to a product recall 1997. In 2001, Lane paid a $900,000 civil penalty to the Consumer Product Safety Commission (CPSC) to settle claims that it had provided late notice of the deaths to those four children.
Even after the recall, probably six million of the chests still have the defective locks. Although there have been sporadic efforts to notify the public of this widespread and serious hazard, it is not clear how aggressively Lane has tried to make sure the defective latches are either removed or replaced.
White, a Boston attorney who specializes in injury and liability cases, said companies have a responsibility to inform clients of recalls and stores have a responsibility not to sell recalled products, but sometimes consumers still do not receive notice, including in cases involving products purchased in second-hand stores. He said defective products are causing injury.
White told Fox 25 that the problem is no one registers a hope chest with a company as they would an electronic product such as a new television. His safety tips:
1) Consumers can learn what hazard signs to look for in products and remove unsafe products on their own, even if they have not been recalled.
2) A few products to watch carefully:
- Cribs, car seats, bassinets, strollers and other products which hold babies.
- Products with small pieces that break off.
- Novelty toys with magnets which children can easily swallow. These have been recalled.
3) Consumers can check the CPSC website for recalls.
4) Read age-appropriate labels on toys. Your younger children may not be old enough to play with their older siblings’ toys.
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After a Child’s Death, Nearly 3 Million IKEA Children’s Lamps are Recalled in U.S.
Parents who shop at IKEA should be aware of a far-reaching product recall involving a children’s lamp which has been blamed for a 16-month-old’s death.
On Dec. 11, the Consumer Product Safety Commission (CPSC) announced the recall of IKEA children’s wall mounted lamps sold from July 1999 through May 2013. A total of 23 million of the SMILA-series wall mounted lamps were sold around the world. Of these, 2.9 million were sold in the United States and 1.1 million in Canada.
The recall follows two tragic incidents in Europe. In one case, a 16-month-old child in a crib died after becoming entangled in the lamp’s cord. In another incident, a 15-month-old became entangled in the cord and was nearly strangled.
Consumers are instructed to stop using the recalled lamp and contact IKEA for a free repair kit.
The lamps were recalled by IKEA North America, of Conshohocken, Pennsylvania. IKEA is a Swedish company which sells home furniture. The company has 340 IKEA stores in 42 countries. The company has 38 stores in the United States, including one on Route 24 in Stoughton, which opened in 2005. This is the only Massachusetts IKEA store.
The defective wall lamps were sold in eight designs through IKEA’s stores, catalog and ikea-usa.com for between $10 and $13.
What Consumers Should Know
Here is the IKEA lamp recall notice. The lamp was sold in eight designs, including a blue star, yellow moon, pink flower, white flower, red heart, green bug, blue seashells and an orange horse. The lamps are about 11 inches by 11 inches and have a seven-foot long electrical cord. Model numbers are included in the recall notice.
Parents who contact IKEA for a repair kit will be given self-adhesive fasteners to attach the lamp’s cord to the walls along with safety instructions.
Recalls Related to Children
Each year, the CPSC announces recalls dozens of dangerous toys. For 2012, the agency estimates that toy-related injuries resulted in 192,000 visits to U.S. hospital emergency rooms.
The dangers poorly made toys can pose is well known and always in the spotlight around the holiday shopping season. But the public often overlooks the dangers in other children’s products, which are often used even more frequently than toys. In 2013, a number of defective children’s products were recalled, including bunk beds which posed an entrapment risk, children’s utensils, children’s hooded sweatshirts with drawstrings, pajamas and baby strollers. See the link below to learn more.
Related
Summary of 2013 product recalls, Safe Kids Worldwide
IKEA Recalls Children’s Wall-Mounted Lamps Due to Strangulation Hazard; One Child Death Reported, Consumer Product Safety Commission.
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December Product Recalls Include Holiday Decoration, Baby Carrier
The Consumer Product Safety Commission (CPSC) announced several recalls last week, including a popular holiday decoration and two children’s products. The commission also announced its annual list of winter-related products which were recalled during other seasons.
Yankee Candle Ring
The Yankee Candle Company recalled about 15,000 pine berry candle rings in the U.S. and 2,000 in Canada. They pose a fire risk because of the synthetic foliage, berries and cones ornamentation. No injuries have been reported. The recalled rings were sold in Yankee Candle and Hallmark stores nationwide from September 2013 through October 2013. They were sold for between $8 and $10 at these stores, as well as through Yankee Candle catalogs and Yankeecandle.com. Consumers are asked to return candles to the nearest Yankee Candle store for a full refund. See the CPSC recall notice.
Playtex Hip Hammock Infant Carriers
Playtex is offering parents a full refund after recalling a baby hammock-style carrier. Playtex Hip Hammock infant carriers were recalled because they pose a fall hazard to children. About 305,000 baby carriers were recalled in the U.S. and 36,000 in Canada.
The company received 87 reports of the product’s buckles cracking or breaking. Two reports involved injuries, including one infant who required care at a hospital emergency room.
Consumers are instructed to stop using the carrier and contact Playtex for a full refund. These carriers were sold from June 2004 to December 2008 in the U.S. and through January 2010 in Canada. Purchase price was about $40 for the basic model and about $60 for the deluxe model.
In the U.S., the baby carrier was sold at Burlington Coat Factory, Target, Amazon.com and other baby and discount stores.
The carriers are designed for children 15 to 35 pounds and are made of a suede fabric in black and navy. They have black, black and white check and burgundy lining on the inside. Read the CPSC recall notice for model numbers.
Cubetensils Children’s Eating Utensils
Edoche Inc. recalled about 1,100 children’s spoon and fork sets because the handle can detach, posing a choking hazard for infants. The Seattle, Wash. company received one report of a handle detaching and a baby putting it in their mouth. No injuries were reported.
The utensils were sold in seven different designs and patterns from May 2012 through November 2013 for about $8 per set. They were sold at retailers and specialty stores nationwide, along with Amazon.com and ebay.com. Consumers can contact Edoche for a full refund. Read the CPSC recall notice for more information.
Consumer Product Safety Commission Website
If you have never used this website, it is a great tool to become familiar with in the New Year. You can find the latest product recalls and more information about ones you learn about in the news. But often, product recalls are not picked up by the news media so it is important to seek out the information yourself periodically. If you use Facebook, you can also stay up-to-date by following our page, where we often report on recalls.
Boston Massachusetts Personal Injury and Medical Malpractice Lawyers | Promote Your Page Too
Here is one page from the CPSC website which may help you now: “Check for These Winter Products Recalled Last Summer.”
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Use Space Heaters and Home Heating Equipment Safely
Home heating equipment is the second leading cause of home fires in Massachusetts. Because half of all home heating fires occur in December, January and February, now is the time to consider if you are heating your home safely.
The most important step is to make sure your smoke alarm has working batteries. Also, have your home heating equipment checked and serviced by a qualified professional each year. They can identify problems and clear any debris in your chimney or vents. Any obstruction increases the chance of fire and can lead to carbon monoxide poisoning, which can be fatal. Other ways to protect your family and home:
Space Heaters
Space heaters cause 33 percent of all home heating fires and 81 percent of home heating fire deaths, according to National Fire Protection Association (NFPA). If you have an older model, consider purchasing a new one with an automatic shut-off feature. Also, search for your model on the Internet to make sure it has not been recalled. The best resource is the Consumer Product Safety Commission website.
Use space heaters on even surfaces and always keep them three feet away from combustibles, such as bed spreads and clothing. Also keep children and pets at least this far away.
Do not use an extension cord and use space heaters on a flat surface where they will not tip over. Remember to turn it off before you go to sleep or if you leave the room.
No Overloaded Electrical Outlets
Be careful not to overload electrical outlets. Space heaters draw a large amount of electricity. Shift around appliances if you think you may be overloading an outlet.
Keep Vents Clear
Monitor your indoor and outdoor heating vents throughout the winter. When it snows, clear your outside heating vents even before you shovel your driveway.
Wood, Coal and Pellet Stoves
In Massachusetts, you need a building permit to install wood, pellet or coal burning stoves and fireplaces. They must be inspected by a local building inspector prior to use.
Last year, there were over 800 fire incidents in Massachusetts involving chimneys, fireplaces and woodstoves. Many result from a build-up of creosote, a by-product of burning wood.
Read the manufacturer’s instructions on how to use your heating equipment. Do not use flammable liquids to start a fire. For fireplaces, check that the damper is open before starting a fire so there is not a build-up of smoke and carbon monoxide.
Use the fireplace screen to prevent flames and sparks from moving outside the fireplace and causing burns and injuries. Do not close the damper until the fire is fully out.
When finished, dispose of ashes in a metal ash can and keep it outside your home and garage. Also keep it away from porches and decks.
Cooking
Make sure you have proper ventilation before you start cooking. Do not use grills inside your home.
Related:
Heating fire safety: Wood Stoves, Space Heaters and Fireplaces, U.S. Fire Administration.
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“Worst Toys List” Warns of “Toy Weapons,” Choking Hazards and Hazards of Buying Toys Online
The World Against Toys Causing Harm, Inc. has released its 41st annual “10 Worst Toys” list. This year, the Boston-based non-profit nominated toys which posed a choking hazard, had improper labeling and several “toy weapons,” including toy guns, sling shots and boomerangs.
The report said, “These toys, that resemble real weaponry, have no place in the hands of children. Evidence of the potential for tragedy is the recent death of a thirteen-year-old boy in Santa Rose, CA, who was fatally shot by a police officer who mistook his toy gun for a real weapon.”
In one case, the World Against Toys Causing Harm (or W.A.T.C.H.) caught a vendor selling slingslots on Amazon.com. Massachusetts law prohibits sale of slingshots and New Jersey, Rhode Island and Washington have similar laws.
W.A.T.C.H. urged consumers to be vigilant even if they are purchasing toys from a well-known brand name. It stated there have been 29 toy recalls in the past 12 months, which included over one million units of unsafe and defective toys in the United States and Canada. Of these, 20 recalls were initiated for toys which posed choking and ingestion risks.
This year’s list includes:
1) Army Force Automatic Rifle
Hazard: Realistic toy weaponry and inconsistent age recommendations on labeling and Amazon.com.
2) Big Rock & Roll Ball Pit
Hazard: Potential for impact injuries because children as young as 3-years-old are encouraged to climb inside a rolling, inflatable ball. W.A.T.C.H. also criticizes the package, which shows children playing with no parental supervision.
3) Max Steel Interactive Steel with Turbo Sword
Hazard: Potential for impact and facial injuries.
4) Disney Princess Backpack Fishing Kit
Hazard: Potential for chemical ingestion injuries. The cardboard insert warns the play item may contain lead which may be harmful if eaten or chewed.
5) Black Widow Folding Slingshot
Hazard: Potential for serious bodily injuries. Illegal to sell in Massachusetts and three other states. On Amazon.com, the product carried a “for 6 months and up” age recommendation.
6) Little Drummer
Hazard: Potential for ingestion and choking hazards. The drum is sold for babies as young as 12-months-old and the drumstick could block a child’s airway.
7) Boomerang “Throw & Catch”
Hazard: Boomerangs should not be sold to children of any age. Online toy recommendations and those on the package were also inconsistent. Online, the boomerang was recommended for children 16 months and up versus on the package, which stated it was not for children under 3 years.
8) Disney Baby Snow White
Hazard: Potential for choking hazards. The toy is marketed for children 2 years old and up, but has small detachable pieces, such as hair accessories.
9) Nerf N-Strike Jolt Blaster
Hazard: This toy is marketed for children age 8 and older. It has a dart which can be shot and potentially cause eye injuries. On the Hasbro website, the product description reads “Hide it in your pocket to maneuver in close to your enemy, then pull down the cocking handle to ready your shot. Pull the trigger and reload fast to win the day!”
10) The Spooner-Freestyle
Hazard: Potential for head and other impact injuries. This toy resembles a skateboard without wheels and is marketed for children age 3 and older. It does not mention use of safety gear and none is worn by children on the packaging.
Related:
10 Worst Toys of 2013, W.A.T.C.H.
Trouble in Toyland, U.S. PIRG.
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Our Thanksgiving Wishes
The lawyers and staff at Breakstone, White & Gluck wish you a very Happy Thanksgiving. We hope you enjoy this special time with family over a tasty meal (with plenty of leftovers!). We also appeal to you to take a few steps for safety’s sake:
Drive Safely. AAA projects nearly 39 million U.S. travelers will drive 50 miles or more from home this Thanksgiving holiday weekend. If you can, avoid traveling during busy times such as Thanksgiving Eve. No matter when you drive, make sure you pay attention, monitor traffic reports, never drive when you are drowsy and start your trip with a full tank of gas.
Distraction-Free Driving. Commit to not use your cell phone while driving, especially in traffic congestion. Do not make phone calls or text while driving, the latter of which is against the law in Massachusetts. If you are using your cell phone as a GPS, have someone in the passenger seat handle your phone.
Smoke Alarm Batteries. Change your smoke alarm batteries, if you did not do so in early November, when Daylight Saving Time ended. About two-thirds of home fire deaths occur in homes with no smoke alarms or working smoke alarms, according to the Consumer Product Safety Commission (CPSC). You should test the batteries in all your home’s smoke alarms monthly.
Cooking Fires. The threat of a cooking fire triples on Thanksgiving, according to the CPSC. Stay in the kitchen while frying, grilling or broiling food. If you have to step away, turn off the stove.
Prevent Food Poisoning. A few reminders are regularly wash your hands in the kitchen, along with food surfaces and utensils. Separate raw meat and poultry from other food. Cook your turkey to a safe minimum internal temperature of 165 degrees. The Centers for Disease Control and Prevention also recommends cooking your stuffing in a separate dish outside the turkey. As for leftovers, make sure to eat within three or four days.
Keep Children Away From Food. Keep young children out of the kitchen while cooking. They could spill hot liquids or scald their skin on the oven.
Look for Hazards to Children. If you are at an unfamiliar home, do a visual scan of potential dangers for children. Keep them away from brick fireplaces, garage entrances and other hazards which could cause them injury.
Turkey Fryers. The National Fire Protection Association discourages use of turkey fryers. But if you use one, make sure you take it outside, a good distance from your home or any structure. Do not cook on the roof of apartment or condominium buildings. Dress so you are prepared to deal with hot oil spills and never leave the fryer unattended.
No Drinking and Driving. Do not drive after consuming alcohol. You risk seriously injuring yourself or someone else in a car accident. You could also be criminally charged.
This message is especially important on Thanksgiving. Mothers Against Drunk Driving (MADD) reports drunk driving deaths continue to increase during the holiday season. Many accidents occur on Thanksgiving Eve – a day it calls Blackout Wednesday – and the early hours of Thanksgiving Day. In 2010 alone, 174 people in the U.S. were killed during the Thanksgiving holiday weekend, in addition to many others who were injured.
Related:
14 Things to Know About Traveling on Thanksgiving Weekend in Massachusetts, North Reading Patch.
Boston Traffic Reports, Boston.com.
It’s Turkey Time: Safely Prepare Your Holiday Meal, Centers for Disease Control and Prevention.
Thanksgiving Home & Travel Safety Tips, Mass.gov.
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Tips for Buying Safe Toys This Holiday
Many of us worry about buying unsafe toys during the holiday season. This concern has merit. In 2011 alone, more than 262,000 toy-related injuries were reported and another 13 children were killed while playing with dangerous toys, according to the Consumer Product Safety Commission (CPSC). This year, the CPSC reports toy recalls are down, but toy-related injuries have risen.
What to remember when you shop:
Choose Age-Appropriate Toys. Toys should have labels explaining age recommendations and other important warnings, such as “Flame retardant/Flame resistant.” The CPSC recommends avoiding toys with small pieces for children under age 3. They pose a choking hazard. For older children, avoid playsets with small magnets and balloons.
Buying Toys Online. Read instructions for use carefully. If you are buying from Amazon or eBay, remember those websites are only shopping forums. Take note of which company is selling the product.
Sharp Pieces.Toys designed for children under 8 years of age should not have sharp glass or metal edges.
Shattered Pieces. Set aside any toy that looks like it could easily shatter into small pieces and cause choking, cuts or other serious personal injuries.
Magnets.Toys with small magnets are dangerous to children. When children swallow one or more, the magnets can pull together and cause internal injuries, resulting in vomiting, abdominal pain and infection. In the past few years, children have suffered serious injuries and even death. In response, the CPSC has started a Magnets Information Center.
Loud Noises.Toy guns, tablets and talking dolls can damage a child’s hearing over time if used too closely.
Cords and Strings. Toys with long cords and strings can cause strangulation. Carefully consider this before you buy crib gyms, baby mobiles and swings. If a child can reach a baby mobile, it should be removed.
Batteries. Make sure an adult, not a child oversees battery charging for any toys or electronics. Avoid toys with small button-cell batteries, which can be easily swallowed and cause burning, esophagus pain and vomiting among other symptoms. Also be aware of other appliances, such as remote controls, which use these small batteries.
Sports Equipment. When you buy a sports-related toy, make sure you also buy the safety equipment, such as bike helmets for bikes. Children are required to wear bike helmets in Massachusetts until age 16 and if an accident were to occur, they are an important tool for preventing a lifelong head injury.
Related:
Holiday Toy Safety, Consumer Product Safety Commission.
Tiny Batteries Causing Big Health Problems for Kids, ABC News.
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Remember to Change Your Smoke Alarm Batteries
As Daylight Saving Time ends Sunday, we all have a very important chore: changing the batteries in our smoke alarms and carbon monoxide (CO) detectors. The good news is we have an extra hour in the day to get that chore done.
Smoke alarms provide necessary warning for us to act in a fire. Each year, more than 2,200 people die in unintentional home fires in the United States. The greater tragedy is nearly two-thirds of these deaths occur in homes with no smoke alarms or ones which do not work.
Here are a few additional suggestions for Boston and Massachusetts residents:
- You should have working smoke alarms on every level of your home, inside and outside sleeping areas.
- Purchase fire extinguishers for your kitchen, basement, work areas, and garage. Check them every few months to remind yourself of where they are, and make sure they are properly charged.
- Replace smoke alarms every 10 years and carbon monoxide detectors every five years.
- Talk to your family, roommates and landlord about your fire evacuation plan.
- Walk through your home and apartment and practice your fire evacuation plan. In an emergency, you and others may have to pass through unfamiliar areas.
- If you are a Boston college student renting an apartment, make sure you and your roommates are following house rules for cooking and that no one is smoking in the living area.
- Report any potential fire hazards to landlords promptly, including blocked access ways and electrical irregularities.
Attitudes are Changing on Allowing Children to Play Football
American attitudes about football are changing–even though the sport remains as popular as ever, more adults are re-thinking whether their children should risk head injuries by playing football.
A new study by HBO Real Sports and Marist College Institute for Public Opinion surveyed more than 1,200 adults by phone in July and reports most have learned about the connection between concussions suffered while playing football and long-term brain injury. As a result, one in three adults say they would be less likely to allow their own son to play if given the choice.
Ultimately, 85 percent would let their son play, another 13 percent would not and 2 percent are unsure (The study did not report on how respondents would feel about letting their daughters play).
Seven out of 10 Americans think the benefits of playing outweigh the risk for injury. Also, 74 percent of Americans think football is a good way to build character and boys should be encouraged to play.
One notable point is Americans seem to be placing trust in coaches, parents and even players themselves. Some 30 percent say they are less concerned about the risk of long-term brain injury because these individuals are more informed now and can take greater precautions.
Concussion Prevention for Student Athletes
The majority of states have passed concussion prevention laws for high school athletes. Massachusetts passed a law in 2010, which requires students, parents and coaches to receive annual training on recognizing and treating concussions. Student athletes who are suspected of having suffered a concussion must be removed from play and receive a doctor’s medical clearance before returning. Schools must also report concussions to the state Department of Public Health. The law covers high school and middle school athletes in football, soccer and all other sports.
Today, 49 states have concussion prevention laws. The only exception is Mississippi. Washington was the first state to pass such legislation. In May 2009, the state passed the “Lystedt Law,” named after 13-year-old Zackery Lystedt suffered permanent brain injury in 2006 while playing in a junior high school football game after suffering a concussion.
NFL Settlement
In August, after the survey was conducted, the National Football League (NFL) agreed to settle a class-action lawsuit brought by more than 4,500 players and their families.
The settlement, the result of court-ordered mediation, includes $5 million for men with Alzheimer’s disease, $4 million for those diagnosed after death with a brain condition called chronic traumatic encephalopathy and $3 million for players with dementia. The suit alleged the league concealed what it knew about concussions among its players and failed to protect them from repeated hits in the game. Plaintiffs included Hall of Famer Tony Dorsett, Jim McMahon and the family of former New England Patriots’ start Junior Seau, who committed suicide in 2012.
Youth Football Enrollment Still Increasing
Pop Warner is the nation’s largest youth football league, serving over 250,000 children between the ages of 5 and 15. In recent years, the league has implemented its own safety rules. One rule limits the amount of contact players have to one third of practice time. Another is “when in doubt, sit it out,” when a concussion is suspected.
But enrollment has not decreased as public awareness has grown about concussions and football, officials recently told CNN. Enrollment has increased one percent annually for the past ten years, through 2012.
Related:
Youth Football Takes Hard Hit… One-Third of Americans Less Likely to Allow Son To Play Football because of Head Injury Risk, HBO Real Sports/Marist Poll.
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Household Safety: Check Old Appliances Before Winter
Now, as we head into winter, is a good time to test your home’s smoke alarms, check your appliances and inspect your electrical outlets and cords.
First, a good resource is the Consumer Product Safety Commission (CPSC) website, where you can search for recall news about products you may own. Recently, there have been several recalls involving products posing serious fire hazards.
One example is Schneider Electric IT Corp. recalled 15 million APC Surge Arrest surge protectors in early October. This followed 700 reports of property damage, including $916,000 in fire damage to a home and $750,000 to a medical facility. Another 13 reports were injuries, including smoke inhalation and contact burns. Another example is Gree Electric Dehumidifiers, which recalled 2.2 million dehumidifiers in the U.S. last month, after its products caused 46 fires and $2.15 million in property damage.
You can review the CPSC website to make sure you have no recalled products in your home. You can also take a look around your home for faulty cords or products.
Preventing Home Fires in the Winter
During a typical year, there are over 26,000 home electrical fires in this country, according to the U.S. Fire Administration. December and January see the most electrical fires. We share a few tips for preventing these fires:
1) Check your smoke alarms before the season.
2) Regularly check your electrical appliances and wiring. Replace any old or damaged cords; do not try to repair them.
3) Replace any appliance you feel may not work properly. If you do not want to replace it, call a repair service or visit the store where you purchased the product. Check electric space heaters every year as a rule.
4) Buy appliances which have the label of a recognized testing laboratory, such as UL.
5) Avoid using extension cords.
6) Use only surge protectors or power strips that have internal overload protection and have been tested by a national laboratory.
7) Keep clothes and flammables at least three feet away from all portable electric space heaters.
8) Use light bulbs that match recommended wattages for lamps.
9) Bring in an electrician if you are experiencing flickering lights or other problems.
Related:
Electrical Home Fire Safety, U.S. Fire Administration
Schneider Electric Recalls APC Surge Protectors Due to Fire Hazard, Consumer Product Safety Commission.
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