Products Liability

Dangerous Toys Still Found on Store Shelves, Says PIRG

November 24, 2010 | Lebowitz & Mzhen

The US Public Interest Research Group has published its 25th annual toy safety report called “Trouble in Toyland.” The group is warning buyers to watch out for potentially dangerous or toxic toys that will be available on store shelves this holiday season.

Also, among the study’s findings:
• Choking is still the leading cause of toy-related deaths in the US.
• Despite the recall of millions of toys because of high levels of lead, there may still be children’s jewelry and toys being sold that contain unacceptable levels of lead.

• Even though there is now a ban on three classes of phthalates in kids’ products, PIRG still found products containing levels of phthalates that were too high.

Our Washington DC child injury lawyers know how much care you invest in protecting your child and we aware that it can be incredibly upsetting to discover that your son or daughter became sick, got hurt, or died because a manufacturer made a defective or dangerous toy.

Recently, World Against Toys Causing Harm (WATCH) Inc. put out its 2010 list of 10 Worst Toys:

• Buzz Magnets: Small magnet pieces can pose a choking hazard. If the magnets are swallowed, they can cause serious internal injuries.

• Spy Gear Split-Blaster: Darts used by this toy can cause serious eye injuries.

• Kung Fu Panda Sword of Heroes: The sword’s hard plastic can cause serious injuries upon impact.

• Big Bang Rocket: Loud noise made by the toy rocket can potentially cause hearing damage.

• Supasplat Splatblaster: High velocity toy gun can cause eye, facial, and other injuries.

• Animal Alley Pony: Fiber-like hair on the ponies can pose an aspiration or ingestion hazard.

• Walkaroo II Aluminum Stilts: WATCH questions whether it is realistic to expect kids as young as age 5 to stay balanced on the stilts. May cause head or other injuries during a fall.

• My First Mini Cycle: Can pose a head injury risk if toddler riding it falls off. Helmet use is strongly recommended.

• Ballzillion Tug Boat Play Center: Can cause injury or death if used as a flotation device.

• Pull Along Caterpillar: The breakaway pull string can pose a choking hazard to babies.

Trouble in Toyland: The 25th Annual Survey of Toy Safety, US PIRG, November 23, 2010
Trouble in Toyland: This Year’s Dangerous Toys, Fox 8, November 23, 2010
WATCH’s 10 most dangerous toys, Boston.com
Related Web Resources:

Read PIRG’s Report (PDF)

World Against Toys Causing Harm

Maryland Accident Law Blog

Escalator Malfunction at DC Metro Station Injures Four

October 31, 2010 | Lebowitz & Mzhen

Four people were transported to the hospital on Saturday following a Washington DC escalator accident at the L’Enfant Plaza Metro station stop. Officials are trying to determine what happened.

The escalator injuries sustained by the victims are reportedly non-life threatening. However, according to MyFox.com, one person who was hurt says that 19 people reportedly ended up in a pile after they were thrown off the moving staircase when it suddenly accelerated out-of-control. Wtop.com quotes one witness as describing the incident as a “frightening carnival ride.” Another witness to the Washington DC injury accident noted the smell of “burning brakes.”
Escalator Accidents

Every day, hundreds of millions of people in this country ride escalators. In a 2005 CBS.com article, the news outlet reported that approximately 10,000 people a year end up in hospital emergency rooms because of escalator accidents. Some of these incidents have proven fatal.

Common causes of escalator accidents:
• Design flaws
• Escalator malfunction
• Manufacturing defect
• Missing escalator parts
• Step collapse
• Inadequate maintenance
• Installation errors
• Missing escalator teeth
• Worn escalator belt

Elderly seniors and young children are at higher risk of injury than teens and adults of becoming involved in and getting hurt during an escalator accident. Fall accidents, trip and fall accidents, and hand and foot entrapment accidents are some examples of accidents that can occur on an escalator. Broken bones, head injuries, asphyxiation injuries (from the victim’s clothing getting stuck in the escalator), head injuries, serious hand and foot injuries, and wrongful death can occur.

Questions remain after Metro escalator accident, wtop, November 1, 2010
4 Hurt in Metro Escalator Accident, MyFoxDC, November 1, 2010
Related Web Resources:
Deaths and Injuries Involving Elevators and Escalators, ELCOSH.org
Escalator Injury Articles, Science Daily
Washington Metropolitan Area Transit Authority

Washington DC Injury: Strangulation Accident Involving Baby Monitor Cord Causes 10-Month-Old’s Death

October 28, 2010 | Lebowitz & Mzhen

The US Consumer Product Safety Commission wants parents and caregivers to know that placing a baby audio and video monitor cord too close to a crib can create a strangulation hazard for kids. It was just in March that 10-month old died in a Washington DC strangulation accident when she became entangled in the camera monitor cord.

According to the Savannah Caroline’s parents, Charlie Pereira and Lisa Rushton, their daughter grabbed for the monitor, which had been placed out of her reach, pulling the device into the crib with her. Although a recall has not been issued, the CPSC is cautioning adults and guardians to be careful and make sure the monitor is far away from a child’s grasp.

The CPSC says it has received six infant death reports involving this type of monitor since 2004. There have also been reports of three babies who became entangled in the cord but were rescued before they suffered serious injuries.

According to experts, kids and cords together can create a dangerous situation. Entanglement, choking, and strangulation can occur. The CPCS is offering a number of recommendations for how to make sure that your child doesn’t accidentally get caught in any type of cord:

• Use a wireless baby monitor.
• If you are using a corded monitor, keep the monitor and cord away from children.
• Keep other cords, such as drapery cords, lamp cords, and other electrical cords away from your child.

• Any type of long material (for example, long drawstrings on a piece of clothing) that your child can get entangled in may pose a strangulation hazard.

Product manufacturers can be held liable for products liability if their product is designed in such a manner that can cause injuries. Product malfunction and failure to warn of a hazard can also be grounds for a Washington DC products liability case.

Parents Say Baby Monitor To Blame For Daughter’s Death, ClickOnDetroit, October 21, 2010
Keep Baby Monitor Cords Out of Reach, CPSC, October 12, 2010
Related Web Resources:
Most Childhood Injuries Occur at Home, The Children’s Hospital
Children’s Safety Network

Preventing Washington DC Injuries to Children: Graco Strollers, Fisher-Price Toys, and Drop-Side Cribs by Ethan Allen, Victory Land, and Angel Line Among Latest Recalls Issued

October 23, 2010 | Lebowitz & Mzhen

Ethan Allen, Angel Line. and Victory Land announced the recall of over 40,000 drop-side cribs today. The recalls come after six children were injured.

The cribs can pose entrapment, suffocation, and strangulation hazards in the event that the drop-side rail detaches, malfunctions, or fails. A partial detached drop-side rail can create a space between the rail and the mattress that a toddler or infant can easily fall into and get trapped in. Fall accidents from the crib also occur. Aside from poor materials and defective design, wear and tear and incorrect assembly can also cause a drop-side to malfunction.

Also this week, Graco recalled about 2 million strollers following reports that four babies had died from strangulation. A baby who was seated in the stroller but not strapped in can slide down in between the tray stroller and the seat bottom and get stuck there, which can result in strangulation. It was just earlier this year that Graco recalled 1.5 million strollers because the hinges on the stroller canopy could amputate or cut a child’s fingertips when the canopy was opened or shut. The defect resulted in at least five fingertip amputations and two fingertip lacerations among kids.

Our Washington DC child accident lawyers want to remind you that there may be legal remedies available to you and your family. Manufacturers can be sued for DC products liability.

It wasn’t even a month ago that Fisher-Price recalled more than 10 million tricycles, toys, and high chairs over different defects that could cause injuries to children. Included in the recall announcement were about 7 million Fisher-Price Trikes and Tough Trikes toddler tricycle, some 100,000 Fisher-Price Little People Wheelies Stand ‘n Play Rampways, nearly 3 million Fisher-Price infant toys that come with inflatable balls, and over 800,000 high chairs. Choking hazards and other injuries can result.

Thousands of drop-side cribs recalled, ABC Local, October 22, 2010
Strangulation, Entrapment Risk for 2 Million Older Graco Strollers, WEB MD, October 20, 2010
The Fisher-Price recall: Should parents worry?, The Week, October 4, 2010
Related Web Resource:
Consumer Product Safety Commission

Preventing Traffic Crashes: NHTSA Unveils Enhanced 5-Star Safety Rating System for New Vehicles

October 5, 2010 | Lebowitz & Mzhen

In an effort to ensure that automakers are manufacturing safer cars and preventing auto defects, the NHTSA now has an improved 5-Star Safety Ratings System for new motor vehicles. The more stars a vehicle receives, the safer the vehicle. Hopefully, this will decrease the number of Washington DC car accidents.

Under the 5-Star Safety Ratings System:
• Side pole crash testing will be assessed.
• Crash prevention-technologies will be evaluated.
• Female crash test dummies will be used when simulating crash scenes involving women.

• There will be improved crash data.

The new safety rating system assesses the safety of passenger vehicles, such as vans, cars, pickup trucks, and SUVs, in the areas of side crash, frontal crash, and rollover resistance. An Overall Vehicle Score for each auto tested combines test results for all three areas and compares the results with other autos’ average injury risk and rollover potential.

NHTSA is suggesting that buyers look at motor vehicles that come with crash avoidance technologies, such as Lane departure warning (LDW), Electronic stability control, and Forward collision warning (FCW), that satisfy the 5-Star Safety Ratings minimum performance tests.

Under the new rating system, only the Hyundai Sonata and BMW 5 Series have earned 5-star ratings for 2011 models. More vehicles received 5 stars under the old rating system. NHTSA still has to test 22 more 2011 models.

Auto Products Liability

Our Washington DC products liability law firm wants to remind you that you can pursue financial recovery from an auto manufacturer if an auto defect or malfunction causes a DC car crash that results in injury or death.

Examples of auto defects:
• Seat belt defects
• Air bag defects
• Structural defects
• Weak roofs
• Seatback collapse
• Tire defects
• Window defects
• Sudden unintended acceleration

Hopefully this enhanced rating system will compel auto manufacturers to make safer cars.

U.S. Transportation Secretary Ray LaHood Rolls Out Upgraded 5-Star Vehicle Safety Ratings System, NHTSA, October 5, 2010
New U.S. crash tests: Only Hyundai Sonata, BMW 5 get 5 stars, USA Today, October 5, 2010
Related Web Resources:

National Highway Traffic Safety Administration

Maryland Accident Law Blog

Maryland Car Accident Attorney

Washington DC Injuries to Children: Banning Drop-Side Cribs

August 17, 2010 | Lebowitz & Mzhen

Parents of infants and toddlers can breathe a little easier. The CPSC is working to ban drop-side cribs by next year. Not only did the federal agency vote last month to cease drop-side crib manufacture, sales, and resales, but also it approved proposed new mandatory crib standards and agreed that cribs with drop sides should removed from daycare centers and hotels. Proposed requirements for the construction of new crib include use of better wood, stronger hardware, and sturdier mattress support.

Drop-side cribs have been a danger to kids for some time. In just the last decade, at least 32 children have died while in drop-side cribs. 14 other crib deaths occurred during entrapment accidents that may have been caused by a drop side.

Although current federal safety rules considers any product that malfunctions or breaks repeatedly to be a defect, this hasn’t stopped 14 crib companies from being named in over 900 drop-side related incident reports, many involving child deaths and hundreds of injuries. In the last three years, alone, the CPSC has recalled over 10 million drop-side cribs because they pose fall, suffocation, and entrapment hazards to kids. According to USA Today Simplicity, Delta, and Stork Craft have been the three largest makers of drop-side cribs.

Our Washington DC products liability lawyers want to remind you that crib manufacturers can be held liable for any injuries to a minor sustained by your infant or toddler. We know how devastating it can be to discover that your child’s crib, one of the few places where you would leave your infant or toddler unattended, actually ended up becoming a cause of injury or death.

Ban on drop-side cribs coming soon from safety agency CPSC, USA Today, August 12, 2010
Government nears new standards for cribs, ban on drop-side cribs, CNN, July 15, 2010
CPSC Proposes New Rules for Full-Size and Non-Full-Size Cribs, CPSC, July 14, 2010
Related Web Resources:
Crib Recall 2010: Full List to Keep Your Kids Safe (Evenflo, Delta, Child Craft, Jardine, LaJobi, Million Dollar Baby, Simmons, CBS News, June 24, 2010
CPSC Recall List, Consumer Product Safety Commission

Ford, Chrysler, and Toyota Announce Auto Recalls

July 9, 2010 | Lebowitz & Mzhen

More recalls announced by big auto manufacturers. Ford says it is recalling 33,700 Transit Connect small commercial vans because an interior liner does not meet all safety requirements for head protection. The National Highway Traffic Safety Administration says that this auto defect increases an occupant’s risk of injury during a car accident.

Ford is telling its dealers to stop delivering the vehicles, manufactured between December 2008 and May 2010, until a revised head protection can be installed.

In other recall news, Chrysler is recalling up to 22,000 autos, including certain 2010 Jeep Liberty and Wrangler, Ram 1500 trucks, and Dodge Nitro, that were made in April and May 2010. The vehicles may have an improper fluid tube that can cause break fluid leaks.

Brake and Wiring Problems Cause Chrysler to Recall Nearly 600,000 Jeep Wranglers and Minivans in the US

June 7, 2010 | Lebowitz & Mzhen

Wiring and brake issues that can pose a safety hazard are prompting Chrysler to recall nearly 600,000 Jeep Wranglers and minivans in the United States. Chrysler is also recalling another 100,000 motor vehicles abroad.

Included in the recall are 288,968 Jeep Wranglers (2006 – 2010 models) over a possible auto defect that can cause brake fluid to leak. The National Highway Traffic Safety Administration says that partial brake loss can occur if the Jeep’s front inner fender liners rub against the brake fluid tubes and a leak happens. The automaker is also recalling 284,831 Dodge Grand Caravan and Chrysler Town & Country minivans (2008 & 2009 models) over a wiring problem that can cause a fire to brake out inside the sliding doors. According to Chrysler Group LLC, there are to date no reports of injuries and car accidents related to these auto defects. However, it was just last week that Chrysler recalled 35,000 Dodge Calibers and 71 Jeep Compasses because of a possible sticky gas pedal problem similar to the issue that has affected millions of Toyota vehicles.

Washington DC Auto Products Liability

NHTSA Investigate Whether Toyota Delayed Notifying Safety Officials of Steering Relay Rod Defect

May 13, 2010 | Lebowitz & Mzhen

The National Highway Traffic Safety Administration is investigating whether or not Toyota Motor Corp. notified federal safety officials of a steering relay rod defect affecting some of its vehicles within five days of discovering the safety issue or whether, as the Associated Press is reporting, the automaker knew there were problems but waited to tell federal safety officials and issue a recall. It was just last month that NHTSA had fined Toyota $16.5 million for not notifying federal regulators within 5 days of discovering the sticky accelerator problem and for waiting so long to recall millions of vehicles.

Steering Relay Rod Defect

In 2004, Toyota had recalled pickup trucks and SUVs in Japan but did not issue its recall of all most one million 4Runner sport utility vehicles, Hi Lux and T100 pickup trucks in the US until eleven months later. At the time, the automaker had told NHTSA that the steering relay rod defect did not affect vehicles in the US because the road conditions are different in this country.

However, AP, which conducted an investigation into the matter, found that even before the recall in Japan, Toyota had received at least 52 reports from people in the US who said that their steering rods had snapped. Also, documents from the automaker show that prior to the 2004 recall, it had received 35 steering rod relay-related complaints through its customer service department, 13 warranty claims through dealers, and four formal complaints through its legal department. Now, NHTSA says it has linked seven injuries, three deaths, and 16 car crashes to the steering relay rod defect.

Toyota’s reputation for making safe and reliable cars has taken an enormous hit in the wake of its recalls of millions of vehicles over different auto defects and the auto products liability and wrongful death cases that have followed. Today, Consumer Reports said that the automaker’s safety recall crisis has caused its customer loyalty rating to slip. It was the magazine’s “Don’t Buy” recommendation that car shoppers stay away from the 2010 Lexus GX 460 SUV because it posed a rollover risk that prompted Toyota to recall more vehicles. In the wake of software updates made by the automaker to fix the problem, Consumer Reports has lifted its “Don’t Buy” warning.

Consumer Reports survey shows Toyota loyalty is slipping in the US, EGM CarTech, May 13, 2010
Toyota waited months to issue ’05 steering recall, Associated Press, May 10, 2010
NHTSA Opens Investigation into Timeliness of 2005 Toyota Steering Relay Rod Recall, NHTSA, May 10, 2010
Related Web Resources:

Toyota Motor Corporation

National Highway Traffic Safety Administration

Mother Sues US Secretary of Health and Human Services in Washington DC Alleging Daughter Was Injured by HPV Vaccine

May 4, 2010 | Lebowitz & Mzhen

Tracy Wolf has filed a dangerous drug lawsuit in the US Court of Federal Claims in Washington DC. She is suing the Secretary of Health and Human Services over injuries that she says her teenage daughter sustained from taking the HPV vaccine.

The vaccine is supposed to prevent women from getting cervical cancer. However, Wolf says that after taking a three-shot series of Gardasil in 2007 and 2008, her 16-year-old daughter was diagnosed with a number of health issues, including encephalitis, a seizure disorder, and physical and behavioral problems. Wolf says that one month after her daughter took the first injection, the teenager started to exhibit “significant negative” behavioral changes and physical problems, including heart palpitations.

Gardasil