December 1, 2011

December Reminds Us to Choose Safe Holiday Gifts

As the holidays draw near, our Illinois personal injury lawyers want to ensure that the festivities are as safe as possible.

World Against Toys Causing Harm, or W.A.T.C.H. is a consumer public interest group that holds an annual conference, exposing the potential dangers of children’s toys; W.A.T.C.H.’s efforts have inspired many toy- and product-design changes.

This year, W.A.T.C.H. released it’s annual list of the “10 Worst Toys,’ each of which has the potential to cause harm or death to children. W.A.T.C.H. has produced this type of list annually since 1973, and many children’s lives have been saved as a result. A report published by MSNBC expounds upon the list, explaining each of the possible dangers posed by the toys. The list included toys that had potential risks for causing choking, electrocution, flesh wounds, and even death.

When corporations manufacture products that are marketed to consumers, those companies are responsibility for ensuring that the merchandise meets all safety requirements; companies are expected to test their products before distributing them to the public, and when those products are unsafe and cause harm to customers, the corporation may be held legally responsible for the injuries caused. These situations may give rise to Illinois products liability lawsuits.

Following are a few of the products that have been found to be the most dangerous to children. The remainder of the list may be found at W.A.T.C.H.’s website

• Action figures, both from Power Rangers- and Godzilla-themed sets may have dagger-like attachments that may potentially cause serious skin punctures. Similarly, on a “Sword Fighting Jack Sparrow” figurine, Johnny Depp’s lookalike is armed with a 4-inch rigid plastic sword.

• Trampolines, such as the “Fold & Go Trampoline” often make dangerous gifts, especially for young children. Even when they come with warnings that state that they should only be used for ‘controlled bouncing,’ James Swartz, a director of W.A.T.C.H. says that, in the real world it’s not reasonable to expect a child to use it in this manner.

• Some German wooden toys pose a risk of strangulation to infants; a wooden duck marketed for babies had a pull-cord of 33 inches, which is far over the toy industry’s safety standard limit of 12-inch-or-shorter strings on cribs and playpen toys.

• The “Z-Curve Bow” which is a bow-and-arrow-set marketed to children over the age of eight is nothing short of a weapon. A warning label attached to the toy instructs that the bow should not be pulled back at more than half strength, and that “anyone at close distance to the target should be alerted before firing.”

The Toy Industry Association reports that lists like the one published by W.A.T.C.H. “needlessly frighten parents,” but the Consumer Products Safety Commission reports that in 2009 alone, approximately 250,000 toy-related injuries were treated in U.S. hospital emergency rooms – and that number is on the rise.

Illinois products liability law is an area of Chicago personal injury law that helps people recover after injuries caused by dangerous and defective products. Any recall is too late in the process if toys have caused injury to children.

Nevertheless, there are many safe alternatives to these dangerous toys on the market. Our Chicago personal injury attorneys wish you safe and happy holidays!

December 15, 2010

Safety warning issued on foreign toys

A report by the American Association for Justice (AAJ) reported that 95% of the toys in the United States now come from abroad and many of them would not receive a thumbs up for safety from Santa! For example, once Chinese manufacturers were taken to task on the lead issue, they replaced lead with cadmium! Cadmium is number SEVEN on the top 10 list of cancer-causing materials. Noteworthy considering our country’s importations of toys from China, toy-related injuries have increased 54% over the last decade!

Be on the lookout for hidden dangers. A lot of these toys contain tiny magnets; if they come out of the toys and are ingested, they can cause incredible problems with the intestinal tract. If two or more magnets are digested, they can attract each other in the digestive tract, causing pinched, blocked, or twisted intestines. Additionally, scrutinize foreign products like toy jewelry, which can contain lead, lead plant, or other cancer-linked elements, such as the always-popular-in-China cadmium! Between 2005 and 2007, studies showed that more than 20% of toy jewelry contained unsafe levels of lead. Defective toys can be available on the shelves for years. A Public Citizen analysis found that companies waited more than two years on average to inform the Consumer Product Safety Commission about defects. Then, the agency took more than 200 days to inform the public. The federal government is so overwhelmed and understaffed, the lawyer organizations are helping out by forcing these manufacturers to deal with it!

Read more about safety issues for foreign toys at American Association for Justice.

December 3, 2010

Unforeseen hazards add to toy-related injuries

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.

January 20, 2010

Time to check your products for recalls and dangers

The attorneys at Levin & Perconti just read about several product concerns and wanted to make our readers aware. Read below to learn about the recalls and other warnings.

First, look out for the safety of your pets! The Food and Drug Administration (FDA) recently issued a warning that dog treats may be contaminated with salmonella. Merrick Pet Care’s pet food may be contaminated with salmonella; click here to read more about the possible salmonella contamination in the dog treats.

Continue reading "Time to check your products for recalls and dangers" »

January 4, 2010

Illinois toymaker to pay $1.25 million fine over lead in paint

ChicagoBreakingNews.com has reported that an Oak Brook Illinois company has agreed to pay a $1.25 million civil penalty for importing and selling toys that contained too much lead in the paint. The product liability fine is part of a settlement that the Illinois company reached with the U.S. Consumer Product Safety Commission. The U.S. CPSC claims that the Illinois toy seller and its Learning Curve Brands, Inc. unit knowingly imported and distributed various Thomas & Friends wooden railway toys with paints or other surface coatings with excessive lead levels. The U.S. Consumer Product Safety Commission indicated that this is the second biggest civil penalty ever imposed against a toymaker.

Continue reading "Illinois toymaker to pay $1.25 million fine over lead in paint" »

December 25, 2009

Some safety reminders for the holidays

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!

December 7, 2009

Are the popular Zhu Zhu toys safe?

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? " »

November 27, 2009

What toys to avoid when you go shopping today

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" »

October 17, 2009

Settlement reached in lead paint toy litigation

A product liability settlement has been reached in the largest recall of children’s toys in recent history by Mattel. In 2006 and 2007, Mattel recalled over 14 million toys in the U.S. alone due to excessive lead or lead paint. In Illinois, Mattel withdrew toy blood-pressure cuffs after the Illinois Attorney General found lead in the plastic.

To read more about the lead paint toy settlement.

October 6, 2009

Target fined over lead paint in toys

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.

August 30, 2009

Toys “R” Us launches used baby-product exchange program

In an attempt to remove dangerous products from the market, Toys “R” Us is launching an exchange program. Consumers can bring used baby products such as cribs and car seats in exchange for 20% discount coupons on new products. The company is hoping that this move will keep potentially dangerous children’s products from being resold.

To read more about the baby product exchange program.

July 13, 2009

Playpen recall raises child safety concerns

The Consumer Product Safety Commission is expected to recall one million play yards, a children’s toy. This product recall raises questions over the safety of products perceived as safe for unattended children. This product recall would follow hundreds of complaints of collapsing sides and reports of 21 injured children.

To read more about the potential child safety recall.

July 13, 2009

How to report a dangerous product

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.

July 9, 2009

Illinois Attorney General issues product recall for 4 million baby floats

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.

March 10, 2009

Choking hazard and lead paint prompts recall of children’s toys

Nearly 40,000 fishing games, rattles, pull-a-long cars, mini pull back cars, and cartoon bubble guns are being recalled by the CBB group for fear of product liability. Specifically, the toys pose a danger to small children because their small parts can detach and cause personal injuries. Additionally, some of the toys contain excessive levels of lead, violating the federal lead paint standard.

To read more about the toy recall.

February 13, 2009

Handy Manny tool sets recalled

The Disney Store USA has voluntarily issued a product recall for about 20,000 Playhouse Disney Handy Manny tool toy sets after reports that the eyes can detach and cause a choking hazard. The company received three reports about the defect, including two where children started to choke on the detached pieces.

To read more about the product recall.

January 17, 2009

Cribs and baby clothes recalled

Stork Craft Baby Manufacturing, Inc. and federal regulators in the U.S. and Canada recalled more than one million cribs this week because of metal support brackets that can break, the latest in the rash of crib recalls that have led to infant deaths or injuries. In addition to the cribs, about 16,000 baby garments have been recalled because of the snaps on the garments can detach, posing a choking hazard to young children.

For the full article.

January 7, 2009

Join the AAJ Products Liability Section

The products liability section of the American Association for Justice focuses on cases and legislation regarding products liability and product safety. It covers consumer products, automobiles, toys, and more.

To learn more about joining the Products Liability Section, click here.

December 30, 2008

Some toymakers may be exempt from the lead rule

Remember earlier this month, the presence of lead in toys was all over the news. Everyone was concerned that with the holiday seasons, kids would receive lead-laden toys. Then, regulations were passed overwhelmingly limiting the lead allowed in toys. Today, there was another update in the lead toys saga. The Consumer Product Safety Commission staff members have recommended that the agency exempt some natural materials from the lead testing requirements in order to relieve financial burden on toymakers in these tough economic times.

For the full article.

December 17, 2008

CPSC urges parents to check toys on website

During the holiday season, many parents buy toys for their children. This year, the CPSC is urging parents to check its website prior to purchase to avoid product liability. Toys present safety concerns and some recently have been found to contain lead. Even after the holidays, parents should frequently and routinely check the recall list.

For the full article.