Illinois Injury Lawyer Blog

Our Illinois personal injury lawyers were concerned to read that Build-A-Bear Workshop, an American retailer of stuffed animals, has recalled approximately 300,000 ‘Colorful Hearts’ teddy bears sold across the United States and Canada. The Consumer Product Safety Commission said of the recall, the bears’ eyes can loosen and fall out which creates a choking hazard for children.

Although no injuries have yet been reported, the risk of harm to children is overwhelming; if even one child chokes to death because of the manufacturing error, it’s one too many.

Illinois product liability lawsuits arise when manufactures and distributors of products disseminate dangerous, defective, or contaminated products to the public, and persons are harmed as a result. The corporations may then be held legally responsible for any injuries caused by the flawed merchandise.

Chicago product liability claims generally fall into three categories: manufacturing defects, design defects, or a failure on the part of the company to warn consumers of the potential danger associated with the product. Manufacturing defects are problems that arise during the production of a product, and usually present in the form of faulty or improperly working items. Design defects are ones that cause injury when a product’s design is inherently dangerous, no matter how well the product is made. Finally, Failure-to-Warn flaws occur when manufacturers distribute a product that is potentially dangerous, but fails to warn purchasers of the possible harm; in cases such as those, if the manufacturer knew about the potential for injury and didn’t warn customers, the company can be held liable for any injuries the consumer incurs.

This situation presents an example of a manufacturing defect – and even worse, it’s the third time this year the stuffed animal company has recalled toys due to safety concerns, reports the Huffington Post.

Build-A-Bear Workshop is an international company founded in 1997 that sells teddy bears and other stuffed animals both online, and through an interactive in-person process in which a stuffed animal is customized and constructed during a customer’s visit to the store. In 2007, Build-A-Bear Workshop reported $474.4 million in sales.

In December of 2011, Build-A-Bear agreed to pay a $6000 civil penalty for failing to report a dangerous defect in a line of toy beach chairs sold between 2001 and 2009, said the Huffington Post. The Consumer Product Safety Commission reported “the sharp edges of the chair's folding wooden frame can pinch, lacerate or amputate a child's fingertip if the finger is caught between the frame as the chair is folded." Allegedly the corporation was aware of ten incidents of injury between 2007 and 2009, but did not report the danger of the product to the Commission until March 2009.

Additionally, in August of 2011, the Consumer Product Safety Commission announced that Build-A-Bear had recalled more than 26,500 ‘Love Hugs Peace Lapel Pins’ because the pins contained excessive lead-based paint.

When companies manufacture products that are marketed to the public, those companies are responsible for ensuring that their merchandise is safe for public use. When consumers are harmed because the products are unsafe, the corporations may be made to pay compensatory damages to put the consumer back in the position they were in before the injury occurred. This includes covering medical and hospital expenses, and in more serious cases, compensating the victim for a loss of normal life or lost wages.

In some cases when the companies’ errors are egregious, they may also be made to pay punitive damages which serve to punish the company and to send a message to others in the same position to be more careful in the future.

The teddy bear in question – the Colorful Hearts Teddy Bear – is approximately 16 inches high, with black plastic eyes. Its body is covered with a multi-colored heart-shaped pattern. The bears were sold at Build-A-Bear Workshop stores and online from April to December of 2011.

Customers can return the bear to any Build-A-Bear store for a coupon for any available stuffed animal. If your child has been harmed by the defectively-manufactured bear, contact an attorney to be apprised of your rights under the law.

Our Chicago personal injury lawyers were troubled to hear of recent reports indicating that stress-relieving office toys may be a potentially fatal hazard to children.

According to a report by the Chicago Tribune, federal regulators are warning parents that magnet beads, like those found in Magnetix Building Sets, are a deadly threat to children. The United States Consumer Product Safety Commission released a statement saying that they have received 17 reports since 2009 in which these small pellets were swallowed by children; of those 17 cases, 11 required surgery to remove the magnets from the child’s system.

When children ingest these high-powered magnets, the magnets attract to each other inside the body, which may lead to blockages in the digestion system, small holes in the walls of the lining of the stomach and intestines, blood poisoning, and other potentially fatal injuries.

In 2008, a federal toy standard was passed prohibiting small magnets from games and toys marketed for children under the age of 14. Nevertheless, when small, loose magnets are included as components in products intended for adults, children may still be able to access the dangerous parts and swallow them.

Unquestionably it is the responsibility of the parents to keep these dangerous items away from, and out of reach of small children. However, an important aspect of Illinois products liability law is the notion that companies may be held liable for injuries that occur when they put a dangerous product on the market. Corporations are expected to test their merchandise for safety prior to distributing it to the public; if a company either negligently puts a dangerous product up for sale, or markets a product that they know is dangerous but fails to warn consumers of the potential hazard involved, those companied may be liable for damages caused by their unsafe merchandise.

The Chicago Tribune reports that the federal safety agency is advising parents to keep magnets away from young children and to seek medical attention immediately if a magnet is swallowed. Even so, if a child swallows the magnet, the injuries caused may be severe and irreparable, and in the worst cases lead to death.

Our Illinois personal injury attorneys have handled numerous products liability cases, and understand the emotional and physical trauma that victims and their families suffer. We are very proud of the changes that the efforts of our attorneys have brought, in this area.

In many instances, our attorneys have not only recovered substantial verdicts and settlements on behalf of our clients and their families, but have also helped to ensure that the defective or dangerous product was removed from the market, prevented from causing any further pain, suffering, and damage.

In an Illinois products liability case brought by our personal injury attorneys, our lawyers recovered a $3 million settlement against a car manufacturer of a vehicle that improperly designed the fuel delivery system of a vehicle, resulting in a fuel-fed fire after a head-on collision which killed the occupants of the vehicle.

If you or a loved one have suffered injury as a result of a company’s dangerous or defective product, you don’t have to suffer alone. Contact an attorney immediately to better understand your rights under the law. You may be entitled to compensation for your injuries.

Our Chicago injury lawyers read about several Illinois children who were transported to area hospitals after sustaining personal injuries when an inflatable slide tipped over on a junior elementary school playground. Fortunately, none of the fifth-graders’ personal injuries were life-threatening. However, the school reported that one child sustained a head injury in the playground accident when their head hit the asphalt. That same child reported dizziness. Some students also had bloody lips. The students were on an inflatable slide that appeared to tip over, causing the children to fall onto the asphalt. The slide was roughly fifteen feet high and there were fifty students outside at the time.

While many head injuries are harmless, they have to be taken very seriously because of risk of brain injury. Often times, parents wonder if their child needs medical attention after a head injury. The American Academy of Pediatrics recommends that parents contact their child’s healthcare provider for advance for anything more than a light bump on the head. Additionally, children with the following symptoms should be evaluated by a healthcare provider: recurrent vomiting, seizures, loss of consciousness, headaches, behavioral changes, clumsiness, confusion, dizziness that does not resolve, or if the child fell from a height greater than five feet. These symptoms may indicate head injury complication.

Continue reading "Several Illinois children injured after slide tips" »

The American Association for Justice reported that unforeseen hazards continue to be present in toys despite recently improved safety standards, demonstrated the necessity for a strong civil justice system that protects children who may be personally injured from such toys. The strong civil justice system must also hold negligent manufacturers accountable. For years, corporations have knowingly shipped unsafe toys with hidden dangers like small parts, loose magnets, asbestos, and other toxic chemicals until outrage from parents and civil actions forced regulators or manufacturers to act. As toys have become more sophisticated, so too have the risks associated with them. As American Association for Justice President reported, protecting our children requires vigilance from everyone. Regulators, parents, manufacturers, and the civil justice system all play a part in keeping dangerous toys off store shelves.

Our Chicago injury attorneys want to highlight recent product recalls that may affect children on your holiday gift lists. Rocking Horse Depot’s small, medium, and large rocking horses with bridles have been recalled because the reins on the rocking horse are long enough to form a loop around a child’s head and neck, posing a strangulation hazard to young children. Additionally, Big Ideas Marketing has issued a product recall to the horse-on-a-stick toys sold at Love’s Travel and Country stores due to a strangulation hazard. Also concerning is that Munchkin, Inc. has issued a product recall for bathtub toys due to a risk of injury. The intake valve on the bottom of the submarine toy can such up loose skin, posing a laceration hazard to children.

Keep up to date on product recalls by visiting the Consumer Product Safety Commission website.

The Food and Drug Administration (FDA) has announced several product recalls this month and the month is not even over. The Consumer Product Safety Commission (CPSC) is charged with protecting the public from unreasonable risks of serious injury or death from thousands of types of consumer products and frequently announces product recalls. First, in cooperation with the United States Consumer Product Safety Commission (CPSC), Circus World has recalled wireless video baby monitors due to overheating hazard. Wiring in the baby monitor camera can overheat and emit smoke, posing a burn hazard to consumers. Second, P. Graham Dunn in cooperation with the U.S. CPSC has recalled nearly 500 wooden toy rattles, which pose a serious choking hazard to young children. Third, the U.S. CPSC and Asurion have voluntarily recalled about 470,000 counterfeit Blackberry-branded cell phone batteries in refurbished devices; the batteries can overheat, posing burn and fire hazards.

Additionally, the US CPSC and LG Electronics have reannounced the Goldstar and Comfort-Aire dehumidifier recall, which affects about 98,000 dehumidifiers. The power connector for the dehumidifer’s compressor can short circuit and pose serious fire and burn hazards to consumers. Another fire hazard product recall involved the Bosch Thermotechnology Boiler Survey Kit. The recall affects about 1500 service kit for gas-fired boilers. The use of a silver-covered gas pipe adapter included in the service kit can lead to gas leakage, which can pose a fire or explosion hazard to consumers. Miami Breaker, Inc. has also voluntarily recalled products due to fire hazard. Their product recall involves about 43,600 counterfeit “Square D” circuit breakers, which can fail to trip when they are overloaded.

To read more about recent product recalls, please visit the CPSC website.

Chicago injury lawyers at Levin & Perconti read about the recent product recall involving injuries to children and wanted to share the important recall information with our readers. The asphyxiation deaths of two boys, including one Chicago wrongful death, have prompted the government to announce a product recall of 1.8 million toy dart guns. The Consumer Product Safety Commission (CPSC) stated that a 9 year-old boy in Chicago and a 10 year-old boy in Milwaukee both died after they chewed on the one-inch soft plastic darts, which slipped into their throats. The small suction cup part of the dart cut off the children’s breathing. The dart guns were sole nationwide extensively at Family Dollar stores.

Consumer Product Safety Commission chairman warned that parents should know about the risks to children during the preteen years that can come from aspirating these toy darts. The dart gun sets were imported by Henry Gordy International in New Jersey. CPSC stated that the New Jersey company refused to issue a product recall for the dart set, so Family Dollar worked with the agency on recalling the product. Family Dollar stated that the company has not sold the dart sets in more than a year, but wanted to issue the product recall so that customers who purchased the product in the past would be alerted. The agency advises people to immediately take the toy dart gun sets from children and discard them. Family Dollar will offer a refund. Chicago accident lawyers urge parents and guardians to examine the toys that their children have for toys that are potentially injurious.

To read more about the product recall affecting children, click the link.

A company has agreed to pay a product liability settlement in the amount of $200,000. The settlement will settle allegations that it violated U.S. law when it imported the Thomas and Friends, Curious George, and Winnie the Pooh toys that had high levels of lead in them and posed dangers to children who used the toys. The Consumer Product Safety Commission had alleged that the company imported tens of thousands of toys that violated the federal lead paint ban and then distributed them to retail stores.

Click here to read more about the product liability settlement.

Teen fashion clothing store Aeropostale and Saks outlet stores have pulled from its shelves necklaces that had high levels of toxic metal in them. Environmental groups tested the necklaces and the necklaces showed to have high levels of cadmium, which could be harmful to consumers. Aeropostale has gone one step further, saying that no cadmium will be acceptable in its jewelry and suppliers will have to prove that products are clean with independent lab testing. Lately, cheap metal jewelry warn by children and often imported from China have been the focus of federal regulators, lawmakers, and retailers because of potential product liability.

To read more about the cadmium in jewelry, click here.

The Chicago Tribune reported this week that the United States government is planning on cracking down on dangerous child products – aiming at toxic metals in child products. In addition to federal watchdogs, Illinois watchdogs have opened a new challenge trying to keep poisons out of Chinese imported products. Regulators stated that Asian manufacturers cannot substitute other toxins for lead in children’s jewelry. Regulators have started a search into cadmium found in products around the United States. The U.S. Consumer Product Safety Commission will form standards to cover toxic metals in children’s products after the report of cadmium in children’s bracelets and pendants imported from China.

To read more about the dangerous child products targeted by the government crack down.

The Consumer Product Safety Commission has issued a product recall for military toy figures. The toys contain lead paint and consumers are advised to stop using the toys immediately unless otherwise instructed. Almost 2100 military toy figures were sold at Dollar Stores and other discount retail stores from 2008 through 2009. Violating the federal lead paint standard, the surface paint on the toy contains excessive levels of lead. If you think you purchased a recalled toy, visit www.jidetrading.com.

For more information on the military toy figures product recall, click here.

As many people celebrate the holidays, it is important to remember to practice safety with new electronics or toys. The attorneys at Levin & Perconti have highlighted many product recalls recently, including Children's Plush Books and Children's Hoodie-style sweatshirts.

For the most recent and updated information on product recalls, please check the Consumer Product Safety Commission website. Please enjoy your holidays and be safe!

The attorneys at Levin & Perconti just blogged about a product recall affecting children – the children’s hoodie recall – and unfortunately, now we have to blog about another product recall affecting children. The U.S. Consumer Product Safety Commission (CSPC), in cooperation with a book company, has issued a voluntary product recall on “Monday the Bullfrog Plush Books.” The books have been recalled due to choking hazard for children. The Monday the Bullfrog Plush Book product – which is manufactured in China – sold about 142,000 at retail stores across the country to consumers. Anyone who has purchased the book is advised to stop using the book immediately.

Continue reading "Children’s plush books recalled" »

The Chicago Tribune released a story today about a consumer group is contending that this season’s “must have” toy is an unsafe product. Since the “Black Friday” shopping bonanza day, the Zhu Zhu hamster toys have been extremely popular; however, a recent study has highlighted potential concern. A study by a San Francisco group stated that higher-than-allowed levels of antimony (which can cause health problems) were found on the hair and nose of the toys hamsters. Antimony was measured at 93 parts per million in the hamster’s fur and 106 parts per million in its nose. Both of these readings exceed the allowable level of 60 parts per million. Despite this study, the toy’s maker insisted that its product is safe and has passed rigorous safety testing.

Continue reading "Are the popular Zhu Zhu toys safe? " »

Today is expected to be one of the biggest shopping days of the year. In the hectic atmosphere of finding the best deals, Levin & Perconti wanted to highlight what toys to avoid. Many toys have been recalled because of product liability concerns. Some of the toys are choking hazards, others pose burn hazards, and other contain excessive amounts of lead. More information on all of the following toys and additional recalled products are available on the Consumer Product Safety Commission website.

Continue reading "What toys to avoid when you go shopping today" »

The Consumer Product Safety Commission has fined Target for selling toys that post personal injury risks to children due to lead paint. The fine is $600,000 for violating the government lead paint ban on toys.

To read more about the lead toy ban.

The U.S. Consumer Product Safety Commission has issued a product recall for 1.6 million Little Tikes Company toys. An eleven-month old baby was hospitalized for one of the plastic nails wedged in his throat from part of the trucks and workshop sets toys.

To read more about the product recall.

With all of the recently blogged recalled products, Levin & Perconti wanted to make you aware of how you can report an unsafe product to the government if you receive personal injuries.

The Consumer Products Safety Commission has an online form to report dangerous products here.

With the recent Illinois trampoline injury, the Daily Herald ran the statistics of the 104,752 trampoline injuries from last year. 88% of the injured victims were under the age of 18. Almost 11% of the injuries sustained were head injuries.

To read more of the trampoline injury statistics.

In the midst of summer pool days, the Illinois Attorney General has issued a good reminder that we must be vigilant in supervising minors in pools. There has been an Illinois product recall for 4 million Aqua-Leisure inflatable baby floats after Illinois consumers reported at least 31 incidents of the float seat tearing, causing infants to fall into the water.

To read more about the Illinois product recall.

Personal injuries from trampolines can be extremely severe, as one Illinois family learned this year. An Illinois family experienced a nightmare over Memorial Day when their 8 year-old accidentally fell through the unzipped netting on the backyard trampoline. When they arrived at the ER, they learned it was the second Illinois trampoline injury of the night.

To read more about the Illinois trampoline injury.