Illinois Injury Law Blog

Parents and other toy buyers are busy closing out the last of the holiday shopping season with last minute toy purchases for their little ones. Hopefully you have had a chance to check out the latest toy recalls from the U.S. Consumer Product Safety Commission (CPSC) because defective products are dangerous and can cause severe toy-related injuries to children in Chicago and throughout the country.

The CPSC anticipates that toy shopping will be a little easier this year with recent efforts made to keep defective toys out of the retail market completely. Several safeguards and stronger safety rules have been implemented to protect consumers from purchasing a defective toy that could later hurt a child. It is true that less toy recalls were made in fiscal year 2011 (34) than in 2010 (46) and that toy product recalls have gradually declined over the last several years. Still, 17 toy-related deaths and 181,500 toy-related injuries occurred in 2010 for children under the age of 15. This is far too many.

Cook County defective product injury attorneys know that in many cases a defect is not detected until reports are made that the toy caused an injury. Sometimes the report comes too late and a child suffers a choking, suffocation or strangulation accident or is exposed to a hazardous toxin like lead. We urge parents and other consumers to stay away from balloons, small rubber items or small balls because these products are often attributed to children choking or gagging hazards. Non-motorized scooters cause a high number of injuries like lacerations, contusions or broken bones that require a child to be treated at a hospital emergency room.

CPSC recalls can be found online. A few of the recent recalls include:

Baby Rattles from Toys Distribution Inc.: Units have been sold in toy stores before discovering the rattle can break into small parts causing a choking hazard to small children. The size of the handle on the rattle is also found to be small enough to fit into a baby's mouth putting children at risk of lacerations, bruises or choking when it becomes lodged in their throat. Consumers who have purchased the baby rattles should take them away from infants immediately.

Children's Henley Pima Cotton Pajamas from Bliss Collection LLC: approximately 2,300 units have been sold between January 2008 through June 2011 ranging in price from $48 to $58. The two-piece sleepwear offered in sizes from 2 to 12 for children doesn't meet federal standards for flammability and can pose a severe risk for burn injuries.

Parents, childcare providers, baby sitters and others are reminded that as children unwrap gifts during the holidays to discard excess cardboard, plastic wrappings or other packaging to avoid the risk of injury. Parents are also reminded to keep age-appropriate toys with their intended recipient or else smaller siblings could be at risk of a a toy-related injury from a toy meant for an older child.

Continue reading "CPSC Recalls Inform Illinois Shoppers of What 'Not To' Buy This Holiday Season; Reducing Toy-Related Injuries in Chicago, Elsewhere" »

Before you head out for your holiday shopping in Chicago and surrounding areas, you might want to check out the list of recalled products on the U.S. Consumer Product Safety Commission's website to help you make wise decisions. The last thing consumers want is to purchase a toy or other gift only to find out later that it posed a danger that could cause personal injury or wrongful death in Chicago or elsewhere.

Defective-product injuries are complex and often require going head-to-head with large companies that retain powerful representatives. If you are ever involved in such a situation, consult with a qualified legal professional.

Illinois personal injury attorneys understand the potential risks that consumers take when purchasing gifts. There are thousands of defective toys and other products on the market that can cause serious injuries to children and adults alike. With a little research and intuitiveness, consumers can feel more at ease with the gift choices they are making.

Some recent recalled products posing potential hazards include:

Toulouse-LapTrec Magnetic Sketchboards: These items have been recalled for a choking hazard to small children. No injuries have been reported, but there have been 19 reports filed with the product's manufacturer, Battat Inc., regarding the magnetic tip separating from the pen. Roughly 95,000 of the sketchboards have been distributed in the U.S. and another 4,300 in Canada. Various online retailers have sold the units, as well as Target and Barnes & Noble stores nationwide from March 2010 to March 2011. If you have this product, don't allow children to use it and contact Battat Inc. to receive a replacement at no cost.

Disney Fairies Plastic Racing Trikes: This product, manufactured under the Disney license by Kiddieland Toys Limited, injured a 3-year-old who suffered a laceration to her face near an eye. The trike contains plastic fairy figures on the handle bar that pose a laceration danger if a child falls on it. The product has been remedied by enclosing the rotating display. If you have this item in your household, contact Kiddieland for a replacement.

General Electric Monogram® Pro Rangetop with Grill: There have been six reports of explosions from units using LP gas. There is a risk of delayed ignition or explosion when the gas control knob is left between off and lite. Approximately 470 units were sold from May 2008 through August 2011. For a full list of model and serial numbers being recalled, visit CPSC. If yours is on the list, two places to look for the model number and serial number on the grill are the bottom and behind the far left burner knob. If you have a defective product, contact GE to make an appointment for a free repair.

All consumers should be cautious of the gifts they are buying. Reduce the risk of injury by checking for product hazards before you buy.

Continue reading "Check Defective-Product Recall List Before Holiday Shopping in Chicago" »

Our lawyers at VanPopering Law Offices want to wish you and your family a safe and fun Fourth of July holiday weekend.

And for those who will be venturing out onto the roads and highways of our state and in our region, please be careful. As previously reported in the Chicago Car Accident Lawyer Blog, there will be an estimated 39 million drivers out on the roads this holiday weekend.

But others may choose to simply stay close to home. Whether that means spending time in the family swimming pool, heading to the community swimming pool or maybe taking a boat or personal watercraft out on Lake Michigan, injuries can happen anywhere.

Boating accidents: Because boating accidents automatically have the built-in risk of drowning, boat operators must exercise the highest level of care when using a vessel. And because law enforcement marine units often can have a lag time because of how fast they can travel or finding a distressed boater, being cautious is important to staying safe.

According to the Illinois Department of Natural Resources, in 2009 there were 329,032 registered boats statewide. And in that same year, there were 102 accidents, causing 70 injuries and 25 deaths.

The number of deaths was 92 percent higher than the 13 deaths in 2008 and the highest number since 27 people died on Illinois waters in 1996. In 2009, 213 people were cited for operating a boat under the influence of alcohol. And of the 102 accidents, in 11 alcohol was the primary cause.

Swimming accidents: With the summer months here, swimming will no doubt be on the minds of children throughout Illinois. A distant memory are the harsh, brutal cold months and now kids want to enjoy the warm sun.

According to the Centers for Disease Control and Prevention, in 2007 there were 3,443 fatal unintentional drownings nationwide. And children are especially at risk. Children ages 1 to 4 had the highest drowning rates. Almost 30 percent of children in that age range died of drowning.

And while drowning is a big concern, swimming pools can cause other injuries as well. Running along the edge and slipping can cause broken bones, bruising and even head injuries. Near-drowning incidents can cause lifelong brain injuries as well.

Fireworks accidents: While many will show up to watch the fireworks on Lake Michigan this weekend, some people will choose to light fireworks at home. While Chicago Personal Injury Lawyers recommend leaving fireworks up to the professionals, if you choose to light fireworks at home, be careful.

In 2008, the CDC reports, 7,000 people were injured and seven others killed in fireworks accidents. These products can cause severe burning as well as injuries to the eyes, hands, fingers and legs. Don't let young children handle fireworks and keep a safe distance from the fireworks being lit.

Here are some safety tips from The National Council on Fireworks Safety:

Use fireworks outdoors only
Obey local laws
Always have water handy
Use fireworks always as intended
Don't use homemade fireworks
Never relight a "dud" firework
Don't mix alcohol and fireworks
Only allow people over 12 to handle sparklers

Continue reading "Chicago Personal Injury Lawyers Wish You a Safe and Happy Fourth of July" »

Earlier this year, the U.S. Consumer Product Safety Commission (CPSC) launched its SaferProducts.gov database.

This database was recently mandated by Congress as part of the the Consumer Product Safety Improvement Act. Consumers are now able to submit reports of harm or possible risks from products they own or may be contemplating for purchase. The database is meant to eliminate the use of faulty producst that may result in issues regarding product liability in Illinois and elsewhere in the United States.

The CSPC believes that this new database will provide a simple way for consumers to learn about product hazards and provide the consumer with safety information on products they research.

Our Chicago personal injury attorneys understand this new database is beneficial for consumers as information regarding faulty products that residents may not know about will now be more readily available. Residents are urged to check this site to learn about reviews and safety rating of their popular household items.

“CPSC stayed on time and on budget in building this new database,” said Chairwoman Inez Tenenbaum. “Through SaferProducts.gov consumers will have open access to product safety information that they have never seen before and the information will empower them to make safer choices.”

Consumers are also able to submit reviews and report complaints pertaining to products. After these reports are submitted by the public, the Commission will forward the review to the manufacturer. Once the manufacturer receives the review or complaint, they will have 10 business days to respond. At the end of their 10-day deadline and once all requirements are met, the consumer submission and the manufacturer's response will be posted on the site.

The CPSC is asking that all information and claims submitted to the database be truthful and accurate. Reports that fail to meet the posted requirements will not be published on the site. Reports that release confidential information will be flagged and removed from the site as well.

“I believe that an informed consumer is an empowered consumer,” Tenenbaum said. “The ability for parents and consumers to search this database for incidents involving a product they already own or are thinking of purchasing will enable them to make independent decisions aimed at keeping their family safe.”

Earlier this year, the CPSC started registering businesses to their site and accepting these consumer reports. Since the beginning, they've posted about 1,500 reports. Nearly 1,400 product manufacturers have signed up on the Business Portal portion of the website so that they will receive reports regarding their products in a timely manner.

“We will continue to accept written, phone and fax reports, as we have for decades,” Tenenbaum said. “What is new and significant today is that we are launching an up-to-date system for letting consumers review safety reports alongside manufacturer comments about those reports.”

The CPSC continues its efforts to protect the public from unreasonable risks of death or injury pertaining to the use of the thousands of consumer products.

Deaths, injuries and property damage from the use of faulty consumer product costs the United States more than $900 billion annually.

Continue reading "New Database Looks to Increase Product Liability in Chicago and Elsewhere" »

As parents, we have a growing concern of keeping our children safe. When it comes to newborns, it’s a parents' responsibility to do their homework when it comes to purchasing consumer products that could potentially cause injuries to children in Chicago.

The Illinois personal injury lawyers at VanPopering Law offices report that cribs are generally at the top of the list for defective products -- often recalled by manufactures for their safety hazards.

The U.S. Consumer Product Safety Commission Crib Information Center is available to parents as a resource to remain updated on the latest nursery product recalls. Over 11 million recalls have been reported since 2007 on cribs, bassinets, and play yards. Nurseries are meant to be a safe place for infants since that is where they spend much of their time. Maintaining a safe environment for your young child is of utmost importance.

The CPSC offers a few suggestions to parents when it comes to nursery safety. Parents should never place pillows or blankets in the crib with an infant as they may pose a suffocation risk. In this difficult economy, parents may want to accept hand-me-downs to avoid the initial hit of high costs for newborns. That being said, never accept a used crib that is over 10 years old or that has been broken. Safety standards are continually improving and most older cribs don't meet current standards that are in place.

Broken slats or loosened hardware can lead to entrapment or strangulation. Parents should never place a crib near a window with blind cords or a baby monitor cord. Dangling cords are another easy way for a baby to become entangled and choke to death. If you purchase a crib for your infant you should first make sure it hasn't been recalled. Assembling the crib is critical and should only be done with step-by-step instructions by the manufacturer. Failure to assemble the crib correctly can lead to collapse.

Baby center offers the following suggestions when purchasing a crib for your infant:

-First and foremost, look for the Juvenile Products Manufacturing Association certification which signifies the product was tested for quality and safety.

-The slats on the crib should be no more than 2 3/8 inches apart.

-The interior of the crib should be at least 51 ¾ inches long by 27 ¾ inches wide.

-Make sure your crib has an adjustable mattress height for when the baby starts to sit and the mattress needs lowered.

-Shake the crib at the store to test the stability.

-Some cribs are now being made versatile so that they can be turned into a toddler bed or children's bench. In an effort to save some money in the future this can be tempting but make sure the crib functions in the right capacity for what your needs are.

Continue reading "Crib Safety Critical to Preventing Infant Injury in Chicago" »

Last month, the National Highway Traffic Safety Administration announced a recall of almost 800,000 child safety seats manufactured by Dorel Juvenile Group (DJG) following a formal investigation that began last March.

Our personal injury lawyers in Chicago are reminding parents to check their car seats because your child's safety could be in jeopardy. Defective products are a growing concern, and in this case, could lead to a serious or fatal injury in an Illinois car accident or a traffic accident elsewhere in the United States.

DJG is recalling the safety seats due to the harness locking and release button not always working sufficiently. The button is designed to return to its locked position but doesn't always do so. As a result, the harness adjustment strap can slide back through the adjuster as a child moves around in the seat. A loose harness endangers the child by not strapping them in safely and can lead to serious or fatal injury in a car crash.

The child safety seats in question were manufactured from May 1, 2008 through April 30, 2009. They have a Center Front Adjuster for the harness. Recalled models include convertible, infant, and booster child restraint systems, sold both as stand-alone seats and as part of a travel system.

DJG is providing all consumers with a remedy kit meant to repair the problem. The kit will include instructions on how to apply the non-toxic lubricant to the Central Front Adjuster in order to prevent the sticking which will then allow the CFA to properly engage and lock into position. Consumers are instructed to apply a repair label once the procedure has been completed so that the problem is known to have been taken care of.

Consumers are still permitted to use the child safety seats up until the kit arrives from DJG. Parents and caregivers can pull on the shoulder part of the harness to make sure it is secure. If loose, they should adjust the harness and make sure the lock and release button is in the locked position before putting the vehicle in drive.

For a full list of models being recalled, consumers can visit Safercar.gov. Consumers can also contact the manufacturer directly by calling 1-866-623-3139.

Continue reading "Defective car seat illustrates risk of dangerous products in Chicago" »

Holiday shopping for your kids brings on a whole new dimension when you take on the safety precautions involved with purchasing toys. It’s a good time of year for you to consider the toys that are safest for your children. Our Chicago personal injury attorneys want you to realize the common danger of defective toys and products before you purchase them.

A good source to use in keeping current with defective products is the Consumer Products Safety Commission. The CPSC updates constantly on product defects and recalls so you know what is safe to buy for your family. Some of the most recent toy product recalls were Rocking Horse toys, bathtub toys, and inflatable balls. The goal of the CPSC is to protect consumers from buying a faulty product that can potentially burn, electrocute, or cause personal injury or wrongful death to to inherent defect of design or manufacture. The worst way to learn if a toy is not made up to standards is through personal experience.

This year marks the 25th anniversary of the U.S. Public Research Interest Group (USPIRG) putting out the Trouble in Toy Land report. Over 250,000 kids ended up in the emergency room last year due to toy related injuries. THE USPRIG puts out this report annually to try to prevent these kinds of injuries from happening. In this year's report you will find safety guidelines for purchasing toys as well as toys that are currently in stores that could likely cause a threat to your child.

The USPIRG offers the following hazards to look for this holiday season:

-Choking is the leading cause of child fatalities due to toy-related incidents. Buy bigger toys, read the warning labels, and don't give small balls or balloons to a young child.

-Refrain from buying magnetic toys because if swallowed they can cause serious intestinal damage to a child.

-Batteries, if swallowed, can be fatal so keep toys with a battery away from a child if unsupervised.

-Noisy toys can not only be annoying, they can do serious damage to a child's ears. If a toy is too loud you should either cover the speakers or take the toy away from the child.

-Toys with cords or drawstrings can be potentially dangerous so as an example, don't hang mobiles within reaching distance of a baby's crib.

-Avoid buying toys with PVC plastic, lead or other contaminants. You should read the label before purchasing play make-up or a toy that has been painted.

Continue reading "Chicago consumers consider toy defects before purchasing this holiday season" »

Both sides reached a confidential settlement in the case of a Chicago firefighter left paralyzed in a motorcycle accident. The Chicago Breaking News Center reports the settlement came after a hung jury in the civil trial against Harley-Davidson.

Our Chicago motorcycle accident lawyers represent clients and families dealing with serious or fatal motorcycle accidents throughout Illinois. Such accidents frequently lead to very serious, debilitating injuries. As such, it is important to hire a law firm with the experience and resources to thoroughly investigate your case and determine whether there are multiple parties responsible for the crash. In this case, the law firm decided a defective product claim against Harley-Davidson was warranted. While the terms were not disclosed, it is likely that the firefighter and his family were able to make a better recovery than would have been possible without the defective products litigation.

The 52-year-old firefighter sued the motorcycle company, claiming a faulty motorcycle led to the 2004 crash on an Arizona highway. The company said driver error was responsible for the crash. The wreck paralyzed the victim from the chest down and he requires 24-hour care.

A jury deliberated this week after a trial last month. Jurors reportedly told the judge on Tuesday that they were unable to reach an agreement.

The National Highway Traffic Safety Administration reports there were 5,290 fatal motorcycle accidents in 2008. More than 96,000 riders were injured. Illinois motorcycle accidents claimed the lives of 121 riders that year.

Continue reading "Settlement reached in personal injury lawsuit, defective product claim for Chicago firefighter paralyzed in motorcycle accident" »

The Land of Nod, a Northbrook-based toy company, has issued a nationwide recall for 2,100 asparagus from the six-piece “Play With Your Veggies” toy set. The set sold for $25, and was available through The Land of Nod catalogue and stores in Illinois and Washington between October 2007 and February 2010, the U.S. Consumer Product Safety Commission reports.

The set of six felt wool vegetables manufactured in Nepal include: an asparagus bunch, a tomato, a head of lettuce, an onion, a carrot and a radish. The asparagus bunch is the only vegetable in the set that poses potential injury to children. A metal wire, if exposed, could cause a laceration or puncture injury. To date, no injuries have been reported, although wire exposure has been documented. The Land of Nod is offering a free replacement asparagus bunch upon return of the defective part.

The Chicago personal injury attorneys at VanPopering Law Office are dedicated to helping parents of injured children across Illinois. We understand that injuries to a child due to the negligence of a manufacturer or defective toy are a frequent cause of injury in young children. If you are the parent of an injured child, speaking with our lawyers can help you understand your rights.

In 2008, there were 19 reported toy-related deaths among children aged 8 months to 9 years. Of those, 16 were boys. During the same time, 235,300 children sought emergency care due to toy-related injuries. About 35 percent of injured children seen in hospitals were under age 5 with 27 percent seeking treatment for a laceration injury, according to the U.S. Consumer Product Safety Commission.

Toy companies and manufacturers of children's products have an obligation to ensure the safety of consumers. Unfortunately, makers of child toys are some of the worst offenders when it comes to the sale of dangerous or defective products. So far this year, the federal government has announced more than 100 recalls involving toys and other products marketed to children.

Continue reading "Northbrook-based “The Land of Nod” recalls 2,100 “Play With Your Veggies” toys that pose potential laceration injury to children" »