Articles Posted in Products Liability

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By David A. Wolf, Child Injury Lawyer Blog

Skateboards-300x249Let’s face it. There is never a good time for a child to be injured.  As parents, we work tirelessly to provide for our children and keep them safe.  Unfortunately, situations, incidents, and accidents take place that lead to or cause personal injuries to children.  Some incidents are foreseeable and some are not.  Some are preventable and some are not. For instance, if a child is a passenger in a motor vehicle that is rear ended, there typically is nothing that could have been done to prevent the accident from taking place in most situations.  There are other injuries that take place during the holiday season that may be prevented or lessened through better supervision and the implementation of safety measures.

Many children are injured during the holidays after receiving new toys that require balance that they have yet to obtain. To avoid this, children must have appropriate supervision when playing with their new toys. In addition to lack of supervision with new toys, some toys may also have manufacturing or design defects that can cause injuries to a child.  In addition, injuries during the holidays occur because there are more people on the roads due to holiday travel. It is important to have properly installed car seats and booster seats to minimize the risk of injury in an accident, it is also important to have the proper equipment for traveling in harsh weather conditions such as ice and snow. However, even with these safety measures, some accidents are unavoidable and require legal guidance. Yet another reason that injuries occur during the holidays is an increase in alcohol consumption due to holiday festivities such as New Year’s Eve.

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By David A. Wolf

Child Injury Lawyer Blog

House with Red Roof Personal InjuriesOne of the safest place for children should be the home.   As parents, we work tirelessly to provide for a clean and safe living environment for our children.  Other safe places for children should include schools, day care centers, child care centers, and summer camps.  Unfortunately for some children who are in some supposedly safe environments, serious injuries take place.  When a company manufacturers, distributes, and / or sells a household product, piece of furniture, or safety gate, the consumer should be able to justifiably rely on the quality of the product and the intended use and function of the product.   A recent recall of safety or child gates by IKEA is a prime example of a product that allegedly failed which, int turn, caused personal injuries to unsuspecting children.   The safety gate had a latch that apparently disengaged which, in turn, allowed the gate to open.   The safety gate was used in many homes to block off an area leading to or from stairs in a home.   Stairs can be extremely dangerous to infants, toddlers, and small children.   It should be noted that a products liability case like other types of personal injury cases involves four essential elements as follows:

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By David Wolf, Attorney
Published by Child Injury Lawyer Network

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From time to time, strollers and other infant / baby products are recalled due to risks associated with entrapment and strangulation related injuries. One set of products recalled is the Venezia and Pliko P3 Strollers which were reportedly manufactured between 2004 and 2007. It was reported that children younger than 12 months old were noted to be the most at risk for the entrapment and strangulation related injuries. If the child was not properly harnessed in the stroller, it was determined that there were opening that the child could become entrapped in that could, in turn, put the child at risk for serious personal injuries and, in some instances, even death. It was reported that the approximate number of units affected by this recall is 223,000. If there is a question of having a defective stroller, a parent or other child care provider should contact Peg Perego for additional information. See Peg Perego Recall for More Information Regarding this Recall.

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By David Wolf, Attorney

Published by Child Injury Lawyer Network

Toy%20Dangers%20Choking.jpegChildren just love playing with games and toys. Unfortunate, the very games and toys that bring hours of enjoyment to a child can also cause serious personal injuries and, in some cases, the untimely death of a child. When a child suffers an injury due to an unsafe product and / or improper supervision of the child, it is often helpful to contact a Child Injury Attorney for consultation and representation regarding the matter. A Child Injury Attorney can advise a parent as to the legal rights of the injured child and the rights to compensation for the injuries sustained by the child.

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By Roy Dickinson, Attorney & David Wolf, Attorney

Published by Child Injury Lawyer Network

Toy%20Riding%20Personal%20Injury.jpgNow that the holiday season is over – – – children will be busy playing with the toys, bikes, skateboards, and other items that they received in December. While these items can occupy the time of a child, entertain them, and help them be active – these items can also be the cause, in part, of injuries to children. As reported by Safe Kids USA, speed and small parts are included as the causes for toy related injuries. Emergency room visits take place due, in part, to accidents while a child is riding a tricycle, bicycle, or scooter. While the only way to avoid every single injury is to avoid these items and activities – this is not realistic or sensible; however, there are safety measures that a child can take under the guidance and supervision of a parent, babysitter, school, day care center, or other responsible adult. Training and instruction can go a long way to prevent injuries. Make sure that the child understands the mechanism of the toy or bike and that he has lots of practice before taking longer rides or riding faster. It has been reported that 150,000 children are seen in emergency rooms every year due to toy related injuries. Of these injuries, approximately 1/3 of the injuries resulted from riding toys like a tricycle or scooter. Between the years of 1990 to 2009, almost 200 children have died due to choking related injuries caused by small toy parts. For more information on this topic – See Causes of Injuries from Toys – Small Parts and Speed.

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By Joseph R. Hillebrand Attorney and David Wolf, Attorney

Published by Child Injury Lawyer Network

State%20Map%20Missouri.jpgIn Missouri and other States, the loss or death of a child is a parent’s worst nightmare. The stress and trauma from the child’s death is often times exasperated when the cause is unknown. It is event worse if an investigation later reveals that the death could have been prevented. When a child dies from unknown causes, an autopsy is typically performed to determine the cause, manner, and, yes, the preventability of the death of the child. While an autopsy will do nothing to bring back the child, the results of an autopsy can provide a family with needed answers in their time of grief. Furthermore, autopsy investigations and results can result in actions that end up protecting other children from similar deaths or personal injuries. Proving the causation of a child’s death can be an extremely complicated medical and legal matter. Because of this, it is helpful to have the the advice, consultation, and representation of a Child Injury Lawyer on these matters.

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By J. Rock Palermo, Attorney and David Wolf, Attorney

Published by Child Injury Lawyer Network

Fun-fair.jpgIn Shrevport, Louisiana, Sheldon Lewis, age 4, suffered critical injury while attending the Louisiana State Fair. According to the State Fire Marshal, the injuries could have been avoided if safety protocols were followed by the ride operator. In particular, it was reported that the accident and resulting personal injuries could have been avoided if the amusement park ride operator turned the ride off and then removed the key. Another child had pushed a start button to the ride while Sheldon Lewis was on the ride platform. As a result of the unexpected start of the ride, Sheldon became trapped between the floor of the ride and the moving cars on the ride identified as The Twin Ring Demolition Derby. See Fire Marshal Releases Information Regarding Louisiana State Fair Ride Accident Causing Serious Personal Injuries to Sheldon Lewis. See Fire Marshal – Operator Error Was a Factor in Louisiana State Fair Accident.

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By David Wolf, Attorney
Published by Child Injury Lawyer Network

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Product recalls of toy and play equipment often times come “too little – too late” for children who have already been injured by a defective toy or play equipment. Nevertheless, recalls of dangerous toys and play equipment are vital to the future safety of children. The U.S. Consumer Product Safety Commission recently announced a voluntary recall of a tent that was sold by IKEA. It was reported that the BUSA children’s folding tent had a steel wire frame that could protrude through the fabric which, in turn, could cause a puncture or laceration hazard for children. The tent was manufactured in Vietnam. See IKEA – U.S. Product Safety Commission Announce Voluntary Recall of Children’s Play Tent.

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By Scott A. Marks, Attorney and David Wolf, Attorney

Published by Child Injury Lawyer Network

poison%20icon.jpgAccording to authorities, seven middle school students in San Francisco, California, were taken to the hospital after they ingested rat poison, which they mistakenly took for candy. The incident occurred at Martin Luther King Jr. Academic Middle school. A student told a parent about ingesting a blue cube found atop of filing a cabinet. A teacher later contacted poison control. Although the students showed no symptoms, they were taken to the hospitals for precautionary reasons. School officials say the incident is under investigation. To read more on this story please see Middle school students taken to hospital after ingesting rat poison mistaken for candy.

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By Jonathan Safran, Attorney and David Wolf, Attorney

Published by Child Injury Lawyer Network

Fun-fair.jpgTypically, amusement parks and theme parks are great fun and a wonderful place to spend time with family and friends. Unfortunately for some amusement and theme parks are the sites of tragic injuries that a person must endure for a lifetime. In some instances, visitors including children die at theme parks and amusement parks. What should be a place of joy and fun turns into a place of sorrow and grief.