Posts Tagged ‘Consumer Product Safety Commission’

h1

Daycare Warning: Drop-Side Cribs To Be Banned

May 25, 2010

The Washington Post reported this weekend that the US will ban drop side cribs amid ongoing safety concerns.

The drop side crib has been on the US market since the 1950, although it is unknown how many are still in use. Because many cribs cost $1,000 or more, many are used repeatedly and handed down to family members, making it difficult to estimate their numbers. By the end of the year, it will be illegal in the U.S. to sell drop-side cribs and for places like daycare centers and hotels to use them. Repeat offenders of the ban, which comes after years of growing concern about the cribs, could face criminal penalties.

The Consumer Product Safety Commission has seen too many recalls and far too many deaths from defective drop side cribs in recent years. Since 2005, more than 7 million drop side cribs have been recalled because of suffocation and strangulation dangers. There have been at least 32 deaths from defective drop side cribs since 2000. Cribs are meant to be safe enough to leave a child unattended and when cribs malfunction, the infant is usually alone.

Safety advocates have been pushing for tougher crib regulations for nearly a decade, with little action. Federal safety standards for cribs have not been updated since 1982 (those infants are now nearly 30 years old).

Safety experts encourage anyone owning a drop side crib to examine it thoroughly. New cribs should be used without the drop side feature. Older or hand-me-down cribs should be discarded and replaced.

With defective cribs, it is absolutely important for crib manufacturers and CPSC to warn not only parents, but also caregivers and day care centers, which may not even know about these recalls. CPSC is warning parents not to give away the recalled cribs or sell it to a thrift store. The lives of innocent children is at risk here. It is absolutely important that these “death traps” be kept out of homes and daycare centers.

The tragedies caused by drop-side cribs must not be forgotten. It’s high time that federal officials finally decided to ban drop-side cribs and came up with strict regulations for safe crib design. Almost all children’s nursery products are made in other countries, a majority of them in China. These dangerous product defects occur because distributors and companies here have almost no control over the quality of products manufactured offshore. This is unacceptable. If your child has been injured by a nursery product, please contact Attorney Scott Edgett, a reputed Texas Trial Attorney, who will go after these defective product manufacturers and hold them accountable. www.TexasJusticeForAll.com

Advertisements
h1

Dallas Product Liability Attorney On What You Can Expect In Defective Product Litigation?

April 26, 2010

Most of us use manufactured products every day to improve our physical health, mental health and to make life a little easier. We rely on these products to help us in the way that they are supposed to. Products are tested for safety before being placed on the market. However, sometimes products that reach the open market and consumers are not safe for use. When this happens, people may be injured. Injuries may be caused by products that were defective when manufactured, or they may be inherently unsafe for use. Manufactures have a legal duty to test their products and ensure their safety before they are marketed and made available to the public. If a product has risks, the manufactured also has a duty to warn the general public of any dangerous associated with use. If companies do not adequately test their products or do not produce them correctly, injuries may occur when consumers use them. If this is the case, the victim (or victim’s family) may have a claim for injuries and litigation may be appropriate.

Responsible Parties:

There are different types of products on the market and factual situations that may determine the party liable for injuries from defective products. If the product is medical in nature, the liable party may be the manufacturer, the physician who prescribed the medication or medical product or the pharmacist who administered the drug or medical device. For other types of goods, such as machinery, tools, toys and electronics, the product manufacturer may be responsible for the product defect. The product (or market good) may have been defective in design or in manufacturing. The company liable depends on at what point in the product’s creation the defective condition occurred. The company that designed the product may be different from the company that manufactured it.

Additionally, product manufacturers are mandated to test all products for safety and they must meet government safety requirements before a product may enter the flow of commerce. If testing reveals that a product has the potential for harmful side effects or injuries, the manufacturer has a legal duty to warn consumers of these risks.

Possible Legal Claims:

If a person has been injured as a result of using a defective product, he or she may have remedies at law. The causes of action available to an injured party may differ depending on the product, the severity/or type of injury and other specific facts of the case. Defective product cases will generally involve legal claims of personal injury or product liability. In some cases, there may also be a claim for wrongful death. In a personal injury case, the plaintiff (injured party) must prove to the court that the manufacturer had a legal duty to the consumer, that duty was breached, the breach of duty was the direct (proximate) cause of the victim’s injury and that the injury occurred.

In contrast, if the cause of action is for product liability, the plaintiff must prove that the product was either defective in design, defective when manufactured or that the product’s manufacturer know of harmful risks associated with the product and failed to warn potential consumers. In cases of wrongful death, the victim’s family must prove that their loved one’s death was cased by using the product. There may also be wrongful death cases where the company failed to warn consumers of dangers associated with using the product, or, in cases of medical drugs or devices, the doctor failed to warn the victim of potential risks. Other potential claims in defective product cases include fraud, negligence and/or breach of warranty. It is important to discuss your case with an attorney prior to defective product litigation.

If you or a love one has been seriously injured from a defective product, time is of the essence to preserve the evidence and you should contact an experienced product liability attorney that can help you seek justice in the most efficient manner possible. Please contact our office anytime for a free consultation or visit our website: www.TexasJusticeForAll.com.

h1

Texas Injury Attorney On The Hidden Home Dangers Of Tipping Furniture

June 2, 2009

Whether you have a baby learning to stand, an unsteady toddler trying to climb or a fearless preschooler who still doesn’t quite understand balance, furniture tip-overs are a real danger for kids.

Regardless of your child’s abilities and limitations, top-heavy furniture, TVs and appliances can tip over and seriously injure young children. There are many easy-to-install devices that anchor furniture to the wall, making furniture more stable and tip-over resistant. These devices are designed for dressers, wall units and anything your little explorer might try to climb.

I recommend the following safety tips to help prevent tip-over hazards:

  • If a piece of furniture is unstable or top-heavy, secure it to a stud in the wall using brackets, braces, anchors or wall straps. Large items such as TVs, microwaves, fish tanks, bookcases, heavy furniture and appliances can topple off stands and fall on children.
  • If possible, use a stand specifically designed for your TV as recommended by the manufacturer or place your TV on sturdy furniture appropriate for its size. Make sure both the stand and TV are properly secured to the wall and push your TV as far back on the stand as possible, out of your child’s reach.
  • If you have a newer, flat screen TV, make sure it’s properly anchored to the wall.
  • Read the manufacturer’s instructions for tips or warnings regarding placement of your TV or furniture.
  • Keep heavier items on lower shelves or in lower drawers.
  • Tie up loose cords, as a child pulling on an electrical cord, or tripping on one, could pull an appliance off a stand.
  • Don’t keep remote controls, candy, toys or other items that attract children on top of furniture, as your child might be enticed to reach for these items.
  • Supervise young children at all times.

As every parent knows, children love to play and sometimes think they’re invincible. Even if they can repeat your rules back to you, they may not recognize a hazard when they’re in a dangerous situation. Unless they’re properly secured to the wall, all pieces of freestanding furniture, large appliances or TVs have the capability of tipping over. It’s in your hands as a parent to make their environments as safe as possible.

Attorney Scott Edgett is a civil trial attorney with the Humphreys & Peterson Law Firm in Dallas, Texas. Mr. Edgett is licensed to practice law in Texas and Florida. Over the last decade, Mr. Edgett has emphasized on providing superior client representation in a professional and ethical manner, while experiencing high job satisfaction and trying to make the world a safer place for all. Mr. Edgett has been representing families and consumers whose lives have been devastated by reckless drivers, dangerous products, and other negligent tortfeasors. When a tragedy occurs because of the irresponsible behavior of a tortfeasor, an insurance company, or a corporation, Mr. Edgett and the firm of Humphreys & Peterson are advocates for the people and will help pursue justice for all. To speak directly to Attorney Scott Edgett, please feel free to contact him at (866) 259-0661, via email at Scott@TexasJusticeForAll.com, or visit our website at www.TexasJusticeForAll.com for further information regarding our law firm.

h1

Texas Injury Attorney On The Important Issues Regarding Child Car Safety Seats

May 20, 2009

Texas seat belt law states that all children under age of five (5) must be restrained in a child safety seat and that all infants must ride in rear-facing safety seats until they are at least 20 pounds and are at least 1 year old. These laws will likely be changed in 2009, if it is up to the Texas Legislature.

Notwithstanding the foregoing, it is important to know that all child safety seats are NOT created equal. Your child’s age and weight should dictate which type of child safety seat you choose for him or her. Here are the facts for 3 types of child car safety seats.

Rear Facing Seats:

According to the National Highway Traffic Safety Administration (NHTSA) and Texas seat belt law, infants should be kept in a rear-facing seat until they reach the age of 1 and are at least 20 pounds. Many families receive hand-me-down child safety seats from friends and family members. If this is the case, before using the seat, you should consult the NHTSA’s Child Restraint Recall Website at http://www-odi.nhtsa.dot.gov/cars/problems/recalls/childseat.cfm. This site has the details of every child safety seat recall since January 1990 and can prevent you from putting your child at risk.

Forward Facing Seats:

When your child has outgrown his rear-facing seat, you should upgrade to a forward-facing child safety seat. This seat should be placed in the car’s backseat whenever possible to prevent the seat from being struck by an airbag in the case of a car crash. Your child should ride in a forward-facing seat until he is around 4 years old and 40 lbs.

Booster Seats:

When the child outgrows his forward-facing seat, you should purchase a booster seat. The child should ride in a booster seat in the back seat until the vehicle seat belt fits him properly without the booster. Booster seats are designed to prevent injury from the seat belt in the event of an auto accident. When the lap belt lays across his upper thighs and the shoulder belt fits across his chest (usually when he turns 8 and is 4’9″), he can ride without the booster seat.

In conclusion, one of the most important things about your child’s safety seat is that it is properly installed. To do this, you have to be able to understand the instructions. The NHTSA puts out an annual report on the “ease-of-use” of every safety seat on the market. That list is available on the Internet at http://www.nhtsa.gov/portal/site/nhtsa/menuitem.9f8c7d6359e0e9bbbf30811060008a0c.

If you still have questions about the installation of your car seat after you read the manual, many local police and fire stations will check the car seat installation for you.

Attorney Scott Edgett is a civil trial attorney with the Humphreys & Peterson Law Firm in Garland, Texas. Mr. Edgett is licensed to practice law in Texas and Florida. Over the last decade, Mr. Edgett has emphasized on providing superior client representation in a professional and ethical manner, while experiencing high job satisfaction and trying to make the world a safer place for all. Mr. Edgett has been representing families and consumers whose lives have been devastated by reckless drivers, dangerous products, and other negligent tortfeasors. When a tragedy occurs because of the irresponsible behavior of a tortfeasor, an insurance company, or a corporation, Mr. Edgett and the firm of Humphreys & Peterson are advocates for the people and will help pursue justice for all. To speak directly to Attorney Scott Edgett, please feel free to contact him at (866) 259-0661, via email at Scott@TexasJusticeForAll.com, or visit our website at www.TexasJusticeForAll.com for further information regarding our law firm.

h1

General Compound Bows Recalled By BowTech Archery For Unexpected Breaks

February 19, 2009

The U.S. Consumer Product Safety Commission, in cooperation with BowTech Archery of Eugene, Oregon, today announced a voluntary recall of The General Compound Bows. Consumers should stop using recalled products immediately unless otherwise instructed.

 

The ends of the bow’s limbs can unexpectedly break during use and send fragments of the bow in the direction of the user or bystanders, posing a risk of injury.

 

To date, there have been 255 reports of the bow’s limbs breaking, including 11 reports of lacerations, abrasions, or contusions when pieces from the breaking bow struck the user.

 

Specifically, this recall involves approximately 8,000 of the “The General” compound bows hunting and target models with draw weights of 60 and 70 pounds that do not have a collet (see illustration below) in the limb. The bows measure about 31 inches long and have draw lengths of 26-30 inches. Hunting models were sold in real tree and mossy oak camouflage patterns. Target models were sold in gray, black, and wood-grain. The bows have laminated wood grips engraved with the word “BowTech” and a label with “The General” on the center pivot point of the bottom limb.

 

This product was sold at authorized BowTech Dealers nationwide from September 2007 through July 2008 for about $800.

 

Consumers should immediately stop using the recalled bows and contact their dealer to schedule a free repair. For more information, contact BowTech Archery at (888) 689-1289 anytime or visit the company’s Web site at www.bowtecharchery.com.

 

If you or a loved one has been injured by this defective product or any other defective product, it is imperative for you to contact an experienced defective products attorney, who will make sure that any negligent manufacturers are held accountable for any injuries caused from defective products and that you or loved one are fairly compensated for any injuries.

Attorney Scott Edgett is a civil trial attorney with the Humphreys & Peterson Law Firm in Dallas, Texas. Mr. Edgett is licensed to practice law in Texas and Florida. Over the last decade, Mr. Edgett has emphasized on providing superior client representation in a professional and ethical manner, while experiencing high job satisfaction and trying to make the world a safer place for all. Mr. Edgett has been representing families and consumers whose lives have been devastated by reckless drivers, dangerous products, and other negligent tortfeasors. When a tragedy occurs because of the irresponsible behavior of a tortfeasor, an insurance company, or a corporation, Mr. Edgett and the firm of Humphreys & Peterson are advocates for the people and will help pursue justice for all. To speak directly to Attorney Scott Edgett, please feel free to contact him at (866) 259-0661, via email at Scott@TexasJusticeForAll.com, or visit our website at www.TexasJusticeForAll.com for further information regarding our law firm.

h1

Evenflo Activity Centers For Children Recalled Due To Falling Hazard From Defective Leg

February 18, 2009

The U.S. Consumer Product Safety Commission, in cooperation with Evenflo Co. Inc. Of Miamisburg, Ohio, today announced a voluntary recall of the Evenflo Activity Centers. Consumers should stop using recalled products immediately unless otherwise instructed.

When used as an activity table, the cap on one end of the product can loosen and fall off, posing a fall hazard to a young child. To date, Evenflo has received 11 reports of dislodged end caps which resulted in nine minor injuries, including bumps and bruises. Additionally, Evenflo has received a report of a dislodged end cap that resulted in a child suffering a broken collarbone in Canada.

The recall involves approximately 213,000 units of the Evenflo ExerSaucer Triple Fun stationary activity centers made between October 2006 and December 2008. The model number is 6231711. Stage 3 position involves converting the product into an activity table. No other ExerSaucer models use end caps and, therefore, no other models are included in this recall.

This item is sold at juvenile product and mass merchandise stores nationwide, including Toys ‘R Us and Burlington Baby Depot. This items was sold to consumers from October 2006 through February 2009 for about $120.

Consumers should immediately stop using the activity table in Stage 3 and contact Evenflo to receive a free replacement end cap. The product may continue to be used in Stages 1 and 2 without any changes.

If you or a loved one has been injured by this defective product or any other defective product, it is imperative for you to contact an experienced defective products attorney, who will make sure that any negligent manufacturers are held accountable for any injuries caused from defective products and that you or loved one are fairly compensated for any injuries.

Attorney Scott Edgett is a civil trial attorney with the Humphreys & Peterson Law Firm in Dallas, Texas. Mr. Edgett is licensed to practice law in Texas and Florida. Over the last decade, Mr. Edgett has emphasized on providing superior client representation in a professional and ethical manner, while experiencing high job satisfaction and trying to make the world a safer place for all. Mr. Edgett has been representing families and consumers whose lives have been devastated by reckless drivers, dangerous products, and other negligent tortfeasors. When a tragedy occurs because of the irresponsible behavior of a tortfeasor, an insurance company, or a corporation, Mr. Edgett and the firm of Humphreys & Peterson are advocates for the people and will help pursue justice for all. To speak directly to Attorney Scott Edgett, please feel free to contact him at (866) 259-0661, via email at Scott@TexasJusticeForAll.com, or visit our website at www.TexasJusticeForAll.com for further information regarding our law firm.

h1

7 People Injured In SUV Rollover Crash In Arlington

January 26, 2009

According to the Dallas Morning News, seven people were injured this morning, January 26, 2009, when a sport utility vehicle (SUV) flipped over several times before landing in an Arlington shopping center parking lot.

Based upon the initial investigation, it is believed the SUV was traveling south on State Highway 360 before 3 a.m. when it exited at Arkansas Lane and overturned several times. Two people were airlifted to Methodist Dallas Medical Center and the others were transported by ground ambulance to John Peter Smith Hospital in Fort Worth. At the time of this posting, their conditions were not immediately known.

I would respectfully request that you please keep these accident victims and their families in your prayers during these difficult times.

I would be personally interested to see the results of the investigation into this SUV rollover accident to see if the driver was at fault for the accident or if the SUV was defective. Additionally, it is important to see if alcohol or drugs were involved in this auto accident. Finally, it would be interesting to see if any other vehicles played a role in this accident.

It is important that these automobile accident victims and their families immediately contact a highly qualified auto accident attorney to protect their legal options. We would urge the family of these victims to seek the counsel of an experienced Texas SUV rollover accident attorney, who is well-versed with defective product accident cases as well. A skilled personal injury lawyer will be able to look into the various factors that played a role in this horrific crash and immediately notify all parties who could be responsible for this devastating SUV rollover accident that injured these victims in Arlington.

Attorney Scott Edgett is a civil trial attorney with the Humphreys & Peterson Law Firm in Dallas, Texas. Mr. Edgett is licensed to practice law in Texas and Florida. Over the last decade, Mr. Edgett has emphasized on providing superior client representation in a professional and ethical manner, while experiencing high job satisfaction and trying to make the world a safer place for all. Mr. Edgett has been representing families and consumers whose lives have been devastated by reckless drivers, dangerous products and other negligent tortfeasors. When a tragedy occurs because of the irresponsible behavior of a tortfeasor, an insurance company, or a corporation, Mr. Edgett and the firm of Humphreys & Peterson are advocates for the people and will help pursue justice for all. To speak directly to Attorney Scott Edgett, please feel free him at (866) 259-0661, via email at Scott@TexasJusticeForAll.com, or visit our website at http://www.TexasJusticeForAll.com.