Oakland Personal Injury Lawyer Blog

Summertime means vacations and outdoor fun. Over the years all terrain vehicles (ATV's) have steadily increased in popularity as recreational vehicles. Unfortunately, most consumers are unaware of the hidden dangers of these vehicles and the number of deaths and serious personal injuries associated with their use.

The Consumer Product Safety Commission reports that over the 2010 Memorial Day weekend alone, there were a reported 28 deaths related to ATV use. That's an average of 7 deaths per day over that one holiday weekend. Between 2004 and 2006, deaths of children under the age of 16 increased more than 65%.

In California the number of reported deaths is staggering. Between 1982 and 2009, there were 560 fatalities associated with ATV's. 101 of the deaths between 1982 and 2006 were children under the age of 16.

California has passed various ATV laws to help reduce the number of injuries and deaths associated with these recreational vehicles. Operators are required to wear helmets on public lands at all times. All operators under the age of 18 must possess a safety certificate or be with an adult with a safety certificate if operating on public lands. Passengers may not be carried while on public lands, except one passenger may be carried if the particular ATV is designed to carry a passenger. The ATV may not be used on highways, except to cross highways. Click here to obtain more information about ATV training.

Obeying the safety laws however, does not prevent serious ATV injuries and accidents. There has been many wrongful death and personal injury lawsuits alleging that the design of particular ATV's are contributing factors to these accidents. These product liability claims often look at whether the center of gravity of these vehicles is too high causing them to be unnecessarily top heavy. The Yamaha Rhino 450 and 650 have been widely criticized. Critics claim that the vehicles were involved in numerous slow speed rollovers on flat terrain. Safety experts say the high center of gravity and narrow tires for these vehicles make them especially prone to rollover accidents.

Yamaha issued a safety recall of these vehicles in 2007. Owners of 2004 through 2007 models can have their vehicles modified. The safety modifications are free of charge.

Because ATV's, unlike cars, do not have doors or rollover protection, occupants can becoming easily trapped if the ATV turns over. This can result in crush injuries resulting in amputation of the limb. Other injuries often associated with ATV accidents involved permanent brain trauma, and spinal cord injuries resulting in paralysis.

As an Alameda personal injury lawyer, I know that litigation in this area is challenging. In order to be successful in these type cases, you need an experienced products liability lawyer to review the case. Due to the complex nature of these case, they can be extremely expensive to litigate. The products liability lawyer must be familiar with and have access to the types of experts needed to prove not only the design defect, but the causation issues in the case, i.e. how did the design defect contribute to cause the accident in questions. Typically, experts used in these cases include biomechanical engineers, mechanical and design engineers, accident reconstructionists, handling and safety stability professionals.

As with any personal injury case, acting promptly after an injury occurs is extremely important. It is vitally important that the scene of the accident be investigated and photographed. The ATV in question should immediately be stored for preservation of evidence and inspection by experts. Interviews of potential witnesses should be done immediately before witness's memories fade.

Resources:

CPSC, CPSC Warns Memorial Day Weekend Among the Deadliest Holidays for ATV Riders, May 27, 2011

In 2008, the federal government passed the Virginia Graeme Baker Pool and Spa Safety Act. The bill was named after the granddaughter of the former Secretary of State James A. Baker, III. The seven year old girl died when she was entrapped by the suction of a spa drain.

The law was made to prevent drowning deaths and serious injuries caused by swimming pool drain entrapment. It required that commercial, city, and or club pools be fitted with approved anti-entrapment safety drain covers and entrapment avoidance systems to meet national standards.

The Consumer Product Safety Commission announced yesterday the recall of over one million pool and spa safety drain covers. The commission found that labs used faulty standards to certify many of the recalled drain covers. This resulted in inaccurate flow ratings. The recall came after a CPSC investigation that involved the subpoenaing of over 17,000 pages of documents from testing laboratories.

Eight manufacturers products were listed in the recall. The manufacturers are A & A, AquaStar, Color Match, Custom Molded Products, Hayward Pool Products, Pentair Water Pool & Spa, Rising Dragon, and Waterway. For a complete description of the products you may go to the CPSC website.

The State of California also has passed laws to reduce entrapment injuries caused by faulty swimming pool drains (The Public Pool and Spa Safety Act, Assembly Bill 1020) In November, 2010 pools at Alameda High Schools were closed for failure to comply with these laws. The pools have since been repaired.

The CPSC has issued recommendations to prevent serious swimming pool injuries and accidents. Avoid using pools or spas with broken or missing drain covers. Install a safety vacuum release system which turns off the pump if a blockage occurs. In the event someone is trapped by the suction of a drain try to put a hand between the drain and the persons body to break the seal as opposed to just pulling the trapped person from the drain.

The CPSC has also launched a swimming safety program called "Simple Steps Save Lives." It recommends staying close and watching children in and around the pool. Never leave a child unattended in a pool or spa. Keep kids away from pool drains, pipes and other openings. If a child is missing, the first place you should look is the pool or spa. Proper safety equipment can also save lives. Have a proper fence or other enclosure around pools and spas; install lockable safety covers on pools and spas; install pool and gate alarms to signal when kids go near the water; and maintain safe pool drains.

The statistics about swimming injuries and deaths are shocking. 76% of reported deaths involve children under the age of 5. There are over 5,000 pool and spa submersion incidents per year. 96% of submersion victims will die with deaths usually occurring on the same day as the drowning. For those surviving the initial drowning, only 4% on average will live longer than a week. Those that do often suffer severe brain injuries requiring life long medical care.

As a swimming pool accident attorney, I see first hand the devastating effects that can be caused by unsafe pools and poor pool supervision. Product liability laws, and safety standards are there to protect all swimmers. By complying with these safety laws, and using good swimming pool safety practices, we can all do our part to help prevent these types of life threatening injuries and deaths.

Resources:

USA Today, Drain cover recall could close thousands of pools, May 27, 2011

CPSC, Eight Manufacturers Recall Pool and In-Ground Spa Drain Covers Due to Incorrect Ratings Covers Pose Possible Entrapment Hazard to Swimmers, May 26, 2011

Pogo Sticks manufactured by a Chinese company and distributed in the United States by Bravo Sports of Santa Fe Springs, California have been recalled. The hazard identified by the Consumer Product Safety Commission involves a defect in the frame of the stick. The bottom of the pogo Stick's frame tube may break and a pin holding the spring in place can also break. The manufacturer has received numerous reports of the pogo sticks breaking and causing personal injuries.

The products being recalled include the Rocket Stick Pogo, Pop Stick Pogo, Monster Stick Pogo and Twin Stick Pogo. Only sticks with manufacturing dates between April 1, 2010 and October 31, 2010 are involved in the recall. The manufacturing date code can be found on a white label underneath the foot pedal or on the stem of the pogo by the foot pedals. Retailers and on-line web sites sold the pogo sticks nationwide.

Anyone owning one of these pogo sticks should stop using it immediately. Consumers may contact Bravo at (877) 992-9905 for a full refund.

If you know of anyone injured as a result of the frame breaking they should report the injury to the CPSC at 800-638-2772. Injured parties may also have a claim for personal injuries under California's product liability laws. A manufacturer, wholesaler or retailer of a defective product is strictly liable for damages caused by the defects in its products. This is true whether the product was defectively designed or defectively manufactured. A product may be deemed defectively designed if it fails to meet ordinary consumers' expectations as to safety or if the risk of harm inherent in the design outweighs the potential benefits of the design.

Sellers of defective products are responsible for personal injuries caused by defects in their products even if they were not negligent in the manufacture or design of the product. This reasoning behind this was first expressed by our Supreme Court in the case of Escola v Coca Cola Bottling Co over fifty years ago. Justice Traynor at that time stated that public policy demands that sellers of products be responsible for the quality of their products regardless of whether negligence is involved.

As a California product liability lawyer, I have seen the curative affect that product liability claims have on industry. For example, product liability lawyers led the way in the early 70's against manufacturers of asbestos products. Now the dangers of these products are well known and have been removed from the marketplace. Similarly, we have taken on the drug industry where it knowingly sold medications to consumers that it knew were unsafe. Product liability laws not only compensate those who have been injured by dangerous products but protect the public against the dangers of unsafe products being placed on the market.

Resource:

News from CPSC, Pogo Sticks Recalled by Bravo Sports Due to Risk of Serious Injury, March 16, 2011

Over the past several months, I have written about the dangers of injuries to children caused by drop side cribs. Finally, the Consumer Product Safety Commission has banned these dangerous products. At least 32 infant deaths are attributable to the dangerous cribs and they are the suspected cause of death in at least 14 other cases.

Drop side cribs are dangerous because the drop side rails can become detached. When this occurs, the baby may be trapped between the mattress and the side of the crib causing the infant to be injured or suffocated. The CPSC also announced new standards for cribs which require that the cribs have fixed sides. It is considered to be one of the strongest standards in the world.

As an Oakland personal injury attorney, I advocated for a ban on these dangerous products which can cause serious injuries or death to our children. See "Pottery Barn Pulls Drop Side Cribs: Infant Safety Must Come First." I am glad to say that the CPSC has made the right decision in taking these defective products off the market.

Resources:

Associated Press, After dozens of deaths, drop-side cribs outlawed, December 15, 2010

The Consumer Product Safety Commission announced a voluntary recall of certain hooded jackets and sweatshirts. The sweatshirts have a drawstring through the hood that can pose a risk of strangulation or entrapment. The clothes are distributed by VOS Sports Inc. of City of Industry, CA.

As an Alameda personal injury lawyer, I am deeply concerned with products which can cause injury to our children. At a minimum, clothing manufacturers should comply with standards which were written by the CPSC back in 1996 which describe ways to prevent choking incidents caused by drawstrings on children's clothing. At best they should voluntarily be looking for new ways to design children's clothing which reduces the risk of strangulation.

California product liability laws are designed to make manufacturers design safer products including safer children's clothing. When corporations manufacture, distribute or sell unsafe clothing, they are legally accountable for the personal injuries caused by their defective products.

Besides being aware of dangerous products that are on the market, there are many other things parents can do to help prevent children's injuries, such as strangulation by clothing drawstrings. A useful resource for parents is Safe Kids, USA.

Resources:

Consumer Product Safety Commission, Children's Hooded Jackets and Sweatshirts with Drawstrings Recalled By VOS Sports Due To Strangulation Hazard, November 19, 2010

As a personal injury lawyer in Alameda, I am concerned about clothes that can pose a risk of injury for children. Recently, there have been two recalls of children's clothing due to choking risks.

On October 19, 2010, the Consumer Product Safety Commission announced the voluntary recall of Infant's Overalls. They are distributed by Lollytogs, Ltd. Of New York, New York. The overalls have snaps which can loosen and come off posing a choking hazard for young children. The clothes are manufactured in India.

On October 30, 2010, The Consumer Product Safety Commission announced another voluntary recall of white ruffle outdoor vests imported by The Children's Place Services Co. of Secaucus, N.J. and sold online at www.childrensplace.com. The metal snaps on the vest can detach posing a choking hazard.

Each year children sustain approximately 18,000 suffocation injuries. Deaths from choking injuries continue to escalate annually. If you are aware of an unsafe product or risk posed by clothing, you can report the matter directly to the Consumer Product Safety Commission on-line to help reduce the occurrence of these preventable injuries. When choking injuries are caused by defective clothing the manufacturers of these products and the retails who sold them are legally liable for the personal injuries they cause.

Resources:

Safekids USA, Suffocation and Choking Safety

PR Newswire, Infant's Overalls Recalled by Lollytogs Due to Choking Hazard, October 19, 2010

UPI.com, The Children's Place vests recalled, October 30, 2010

In July, I reported on a recall of drop side cribs by Pottery Barn. On October 22, 2010, the Consumer Product Safety Commission announced a voluntary recall of Heritage Collection 3 in 1 drop side cribs.

About 34,000 of these drop side cribs were imported into the country from Vietnam. The cribs were sold only in Kmart stores between 2007 and 2008. The company had received 17 reports of the drop side rails detaching from the cribs. Three of these caused injuries to children as a result of being entrapped by the rail.

Consumers are urged to stop using the cribs and call 866-499-2099 for a repair kit.

As an Oakland product liability lawyer, I am concerned about the safety of products put on the market. In particular, I want parents to be aware of the dangers of drop side cribs to prevent their children from serious injury or death associated with these products. California product liability law can compensate for injuries and expenses caused by these defective products. More importantly, safer designs and manufacturer's concern for safety can hopefully prevent these injuries from happening in the first place. If you own one of these cribs, I urge you to call the above number to make the appropriate repairs.

Resource:

UPI.com, Heritage Collection 3-in-1 cribs recalled, October 22, 2010

As an Oakland personal injury lawyer, I am concerned about the safety of our children. In particular I am concerned about the risk of injury to babies from defective strollers and other baby products such as defective drop down cribs.

Recently, 2 million strollers were recalled by Graco Children's Products, Inc. The Consumer Product Safety Commision had received reports of four deaths of babies in the Graco Quattro Tour and MetroLite model strollers. Children under the age of one year old are especially susceptible when they are unstrapped and their heads can become stuck between the stroller tray and set bottom.

The strollers being recalled were sold by Sears, Toys R Us and Target, among others. Consumers who purchased the strollers can call for a free repair kit at 877-828-4046. See the list of recalled strollers here. If you own one of these strollers, I urge you to contact the manufacturer and take all steps necessary to make your stroller safe.

Baby strollers which are unsafely designed and cause injury are considered defective products under California law. When a manufacturer places a dangerous stroller on the market that causes injury or death, it is strictly liable for the damages caused, including damages for medical bills, pain and suffering, and for losses caused by the wrongful death of children trapped in these strollers. These product liability laws are designed to keep the children of our communities safe and to keep manufacturers accountable when they place dangerous products on the market.

Resources:

Bloomberg, Graco Recalls 2 Million Strollers After Four Babies Strangled, October 20. 2010

Two United States Safety Agencies and a leading Pediatrics Group has warned parents that baby sleep positioners can trap and suffocate babies. The products often have foam bolsters on the sides that help keep a baby in one position. However, the babies can wriggle or roll and become trapped and suffocate.

These products appeal to safety conscious parents concerned about SIDS (Sudden Infant Death Syndrome). These products however have not been shown to reduce the incidence of SIDS. The Sleep Positions can be added to the list of dangerous products such as drop side cribs which can endanger infants. The products have been linked to at least a dozen deaths over the past 13 years. FDA officials state the products are "illegal devices" because none has ever been approved by the FDA, which must approve all products which make medical claims.

According to Kids in Danger, parents should know the safest crib is a bare one that has never been recalled, with a snug-fitting mattress with tight fitting crib sheets and nothing else. Babies should be put to sleep on their backs with footed sleepers and sleep sacks should replace loose blankets.

As an Oakland personal injury attorney, and a father of four children myself, I am particularly concerned about the safety of products designed for our kids. Unsafe products designed for our children should be taken off the market. Under California product liability law, manufacturers of unsafe products should be held strictly liable in damages for injuries caused by defective products.

Resources:

Los Angeles Times, Stop Using Baby Sleep Positioners, Safety Groups Warn, September 29, 2010

First it was suddenly accelerating cars; now it's suddenly accelerating lawn mowers. The Consumer Product Safety Commission recently announced a voluntary recall of Black and Decker cordless electric lawn mowers. The mowers have been reported to start unexpectedly even after the safety key has been removed.

There have been 34 reports of unexpected start-ups and two of those incidents included injuries to the consumer. The Black and Decker mowers involved in the recall include model numbers CMM1000 or CMM1000R. The Craftsman mowers have model number 900.370520. Over 160,000 mowers have been recalled.

California law covering products liability holds that both the manufacturer and the sellers of defective products are strictly liable for injuries caused by defective products. A product is defective if it fails to meet ordinary consumers expectations as to safety. Therefore, any California resident who is injured by a defective lawn mower has legal rights to recover for their injuries against any company in the chain of distribution of the defective product.

As an Oakland personal injury lawyer, I have represented many consumers who have been injured by defective products, including defective power products such as lawn mowers. If a defective lawn mower or other defective product has caused you injuries you should contact an experienced products liability lawyer in your area to be fully advised of your legal rights.

Resources:

Consumer Product Safety Commission, Black & Decker Recalls Cordless Electric Lawnmowers Due to Laceration Hazard, September 29, 2010

I reported on June 1, 2010, in my post "Defective Product Recall: Drop Side Cribs Related To Infant Deaths", about the risk to babies of using drop side cribs. At that time, the Consumer Product Safety Commission recalled over two million of these defective products.

These defective products can cause infant deaths when the sides of the crib separate and the baby's body falls in the gap. This can cause the baby to hang and suffocate. More recently, Pottery Barn for Kids announced that it will no longer sell drop side cribs. This is a step in the right direction, but a complete ban is the only solution. While Pottery Barn has acted responsibly, other retailers continue to ignore their corporate responsibility to provide only safe products to the public.

The Consumer Product Safety Commission has now proposed an outright ban on drop side cribs. The CPSC states that the drop side cribs are responsible for the deaths of 32 infants.

As a father of four, and as an Alameda personal injury attorney handling defective products cases, I can think of no greater tragedy than a family who loses their child as a result of of a crib which should never have been on the market in the first place. Safety should come first; not corporate profits. The time to ban these drop side cribs is now.

Resources: Reuters, July 14, 2010, Pottery Barn recalls drop-side cribs, U.S. plans ban

Federal regulators recently recalled over two million "drop-side" cribs. The Consumer Product Safety Commission determined that these cribs were responsible for at least 32 infant deaths, and possibly another 14 babies deaths.

Drop side cribs have moveable sides that go up and down to make it easier to reach the babies without straining your back. But the sides have failed over and over again causing needless deaths of innocent children. The sides can separate from the crib, and the baby's body can fall into the gap, causing them to hang or suffocate.

These defects have been known for years. Perhaps now these defective products will be taken off the market once and for all. This latest recall brings the total number of cribs recalled to nine million. The Consumer Product Safety Commission is looking to completely ban these type baby cribs. The director of "Kids in Danger" strongly urges parents to avoid use of the drop down crib.

California Product liability laws are designed to protect children against defective products such as dangerous drop down cribs. If a manufacturer or retailer sells a dangerous or defective product that causes death or serious injury, it is financially responsible for the harm it causes. Such laws are designed to compensate victims of defective products and to deter manufacturers from placing harmful injury causing products on the market. As a Oakland product liability lawyer, I have seen the benefits of strong product liability laws that protect the public. If you are using a drop down crib, I strongly recommend discontinuing its use.

Resource:

Graco®-Branded Drop Side Cribs Made by LaJobi Recalled Due to Entrapment and Suffocation Hazards, CPSC.gov, April 29, 2010