Articles Tagged with “product liability”

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Photos: Worst Toys of 2019, W.A.T.C.H.

The Worst Toys of 2019 list has been released, providing parents and grandparents a preview of toys to avoid this holiday season. We urge you to read this list before you shop. Each toy mentioned has caused injury or has grave potential. We want Massachusetts families to steer clear and enjoy a safe and happy holiday season.

As you read, remember there are just 10 spaces on the Worst Toys list, which is compiled by W.A.T.C.H. – or World Against Toys Causing Harm, Inc. Yet there are far more toys out there which may be unsafe or inappropriate for your child’s age. Read our blog on the Worst Toys list, to help you identify common features in unsafe toys, such as small parts which could cause choking injuries.

Toy injuries are a daily risk for many families in Massachusetts, not just during the holidays. Across the country, 251,700 people suffered toy-related injuries in 2017. From 2015 to 2017, 37 children died while playing. These devastating numbers are preventable if manufacturers, distributors and retailers safely handle products throughout the supply chain. Parents can do their part by always reading and following age recommendation labels. Remember you also have help on this front. You can check the Consumer Product Safety Commission’s website for product warnings and recalls before you shop this holiday season, and throughout the year. You can also sign up for e-mail alerts.


nerf-worst-toys-of-2019-list1 1- Nerf Ultra One

Though it looks like a blast, this Nerf toy is a $49.99 danger, W.A.T.C.H. says. The dart blaster shoots up to 120 feet and claims to be the “Farthest Flying Nerf Dart. Ever.” It carries an age recommendation of 8 and up, with several troubling warnings. W.A.T.C.H. reports the darts can be shot with enough force to cause eye injuries.

2 – Spike the Fine Motor Hedgehog 

Spike is a risky toy because he comes with 12 removable quills, all 3 ½ inches long, W.A.TC.H. The problem is the packaging carries an age recommendation of 18+ months. This is deceptive, leading parents into conclude this is a safe toy for young children of that age. The age recommendation should be higher and carry a choking hazard label.

3 – Bumchems Bunch’N Build

These building toys stick together and make cute formations. What’s not cute is how they can get caught in your child’s hair. The manufacturer is clearly aware of this potential, advising parents to keep their child’s hair pulled back to avoid entanglement. Although they continue selling it, you don’t have to buy it. Carefully consider how your child and what could happen if you leave the room for a moment.

yeti-worst-toys-of-2019-list44 – YETI

Pull at this doll’s white fur and with little effort, it becomes loose. Then it gathers, creating a choking hazard. The $21 toy is being sold everywhere this year, including Walmart.com, Target.com and Amazon.com. W.A.T.C.H. critically notes the toy has a recommendation of 24 months and up – on a removable sticker. Once this sticker comes off, consumers have to guess at the appropriate age. 

Age recommendations are the most fundamental tool parents have in choosing safe toys. A removable label makes it hard to make safe choices, especially if you are handing the toy down between children.

slime-worst-toys-of-2019-list5

5- Nickelodeon Frozen Treats Slime

What can we say about this $9.99 slime toy? Or is it food? The truth is, it is a chemical which if ingested, can seriously harm your child. The confusing part is this slime really looks like a frozen treat on the box.

We urge you not to buy slime mixtures or any type of pretend food. There are plenty of other gift options. Traditional crafts such as drawing sets or even Play Doh are better choices. They don’t require any mixing of ingredients.  

6 – Anstoy Electronic Toy Gun

W.A.T.C.H. is always critical of marketing realistic toy guns to children and has highlighted the practice over many years. This year it says the Anstoy electronic gun is being unsafely marketed for children age 14+ and can be found online by anyone with an Amazon account. We agree: steer clear of guns and choose toys which involve sports. A soccer ball, basketball or a new snowsled sound like great gifts to us!

7 – Diecast School Bus

This miniature school bus is a choking hazard because the small rubber tires can become loose. They are mounted on plastic wheels and can be pulled apart. So many toys have similar hazards and should be kept out of homes with younger children.

8 – Pogo Trick Board

This toy is a “high bounce ball” with dual handles for “tricking out.” The age recommendation is children 6 and up. The manufacturer warns children to wear a helmet to protect against head injuries. But the packaging shows two children using the board without a helmet. There is one child bouncing high while wearing a helmet, but overall, there’s not a strong advisory to parents.

power-rangers-worst-toys-of-2019-list99 – Power Rangers Electronic Cheetah Claw

“Do not hit or swing at people or animals.” “Use away from breakable objects.” Finally, this toy carries a small parts warning, even though the age recommendation is 5+.

With so many warnings, why would you want to buy this toy? It may look cool to your child, but you have to remember it’s winter in Massachusetts. This is not a toy you want your child swinging around your home. Hasbro, the manufacturer, says the toy can cause potential eye or facial injuries.

10 – Viga Pull Along Caterpillar

This is an adorable toy, but it made the W.A.T.C.H. list because of its long string. This could cause a potential choking or strangulation hazard. The Viga Pull Along Caterpillar is a pull toy and should have a warning to go with its 24-inch cord.

Read more from the Worst Toys of 2019 on the W.A.T.C.H. website.

About Breakstone, White & Gluck – Free Consultation

Boston Product Liability Lawyers – Boston Defective Toy Lawyers

kidsafe-fb-1200Breakstone, White & Gluck is experienced in representing those injured in Massachusetts in cases involving product liability and defective products. Manufacturers have a responsibility to conduct safety testing and properly label toys with age recommendations. When they neglect this responsibility, toys are not safe to use.

We share this blog as part of our holiday toy safety series and our Project KidSafe campaign. Learn more about Breakstone, White & Gluck and our work for clients on our website.

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Kids II sleeper recall

Kids II has recalled nearly 700,000 rocking sleepers, just two weeks after the stunning Fisher-Price recall.

There is a new and frightening warning out about infant sleepers. This time, families are being urged to stop using Kids II infant rocking sleepers because they have been linked to the deaths of five infants. Kids II recalled its entire line of infant rocking sleepers on Friday – approximately 36 models and 694,000 individual products – just two weeks after the stunning Fisher-Price recall.

Fisher-Price recalled 4.7 million of its Rock ‘n Play sleepers on April 12, after an investigation linked the product to more than 30 deaths over 10 years. This means that combined, the two companies sold more than 5.3 million defective sleepers to unknowing families.

Kids II introduced its sleepers in March 2012. Five infants have since died while using the sleepers after rolling from their back to their stomach while unrestrained or under other circumstances.

These sleepers were sold at Target, Walmart and Toys “R” Us as well as online, with a price tag of $40-$80. Parents and grandparents who own one should stop using the Kids II sleepers and contact the company for a recall or a voucher to use toward another product. Parents can call Kids II toll-free at 1-866-869-7954 8:00 a.m.to 5:00 p.m. ET Monday through Friday or visit the company’s website.

Read the Consumer Product Safety Commission’s recall notice for a full list of the recalled sleepers. One of the models was sold with Disney branding.

In the Fisher-Price case, the Consumer Product Safety Commission and the company, which is part of Mattel, initially announced the sleeper had been linked to at least 10 deaths in early April. The company said the deaths all involved children who were 3 months or older. The company’s remedy was for parents to stop using the rocker when children turned 3 months old or became capable of turning themselves over.

Soon after began the calls for a recall. Consumer Reports and the American Academy of Pediatrics (AAP) were the leading advocates in both the Fisher-Price and Kids II sleeper recalls. Both products put children in canopy-like sleeper, which can rock to music and is highly likely to move if an infant can. The AAP warns the rocking sleepers are unsafe and create a risk for suffocation and strangulation. The academy advises that infants should only sleep on flat surfaces such as cribs or bassinets. The sleeping surface should be free of soft bedding, toys and other products.

After Friday’s recall, Consumer Reports asked the Consumer Product Safety Commission if the agency intends to recall all sleepers on the market. An agency spokesperson said it continues to actively investigate sleep products and was “reassessing the product class and hazards associated with it.” Meanwhile, Mattel has announced the Fisher-Price recall will cost the company $27.3 for the quarter ending March 31, 2019. But the recall won’t entirely remove the sleeper from homes. According to Consumer Reports, Fisher-Price sells the same product in Canada, but markets it as a “soothing seat.”

About Breakstone, White & Gluck – Boston Product Liability Attorneys
Breakstone, White & Gluck is a Boston personal injury law firm which represents individuals who have been injured by unsafe products. When a product has caused injury, there should be an investigation to determine the cause, which often falls under three categories: defective design, manufacturing error or a failure to warn consumers about the potential for injury. If someone in your family has been injured by a defective product, learn your rights. Contact our Boston product liability lawyers at 800-379-1244 or 617-723-7676 or use our contact form.

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Attorney David W. White of Boston

Attorney David W. White specializes in personal injury and product liability cases at Breakstone, White & Gluck of Boston.

Ford drivers are gripping the steering wheel anxiously after the automaker’s stunning safety recall this week. 1.4 million Ford vehicles have been recalled because the bolts on the steering wheels can become loose. Ford will repair the vehicles, but not until the end of April at least.

“This recall is very upsetting,” said Attorney David W. White of Breakstone, White & Gluck. “Nothing is more basic to a car than a steering wheel. Automakers have a responsibility to fully test vehicles and all equipment before bringing them to market. They continue to fail drivers.”

Fidget spinner missing a piece in boy's hands

Fidget spinners have been one of the most popular gifts of 2017, but the small pieces can fall out and cause a child to choke.

By now, the children in your life have probably sent you their holiday toy wish lists. But just as important is the holiday “don’t buy” list.

W.A.T.C.H. released nominees for its “10 Worst Toys of 2017” list in mid-November, leading with Hallmark’s “Ittys Bitty” Baby Stacking Toy. This toy was recalled by the Consumer Product Safety Commission (CPSC) in August. The fabric hats and bows on the Disney characters can detach and cause a young child to choke. This toy also has no safety warnings or age recommendations.

Toy 2: Tolo’s Tug Along Pony. This toy is marketed for children 12 months and older. It has a 19-inch cord, which is permitted for pull-along toys. But W.A.T.C.H. says this toy poses a strangulation hazard and does not carry any safety warnings.

Toy 3: The Wonder Woman Battle-Action Sword. This toy is recommended for children age 6 and up. Before you buy, note that the sword is large and sharp enough to cause facial or impact injuries. The packaging also gets a failing grade. It encourages children to “fight alongside men in a war to end all wars.”

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hoverboardWe saw the worst that can happen last week in Harrisburg, PA when a hoverboard caught on fire in a family’s home, claiming the life of a three-year-old child.

The hoverboard reportedly ignited while charging, destroying the home. The three-year-old girl died at a local hospital and two other girls were left in critical condition. The girl’s father and a teenage boy were treated for smoke inhalation.

This tragedy was compounded by another death; a local firefighter was reportedly killed in a motor vehicle accident while driving to the fire, the victim of an alleged drunk driver who now faces charges.

hoverboard.jpgDespite fires and hard falls, the hoverboard was one of the year’s most popular gifts.
Reports of hoverboard fires began before the holidays. Amazon even told consumers to return some models in mid-December and notified sellers that they must provide documentation showing hoverboards are compliant with safety standards. The Consumer Product Safety Commission (CPSC) opened an investigation on Dec. 16th, after reports of 10 hoverboard-related fires in Washington, California, New York and other states. The fires often happen during charging.

The CPSC has also received dozens of reports of hoverboard-related falls from hospital ERs, including concussions, fractures and internal organ injuries. Christmas Day brought more injuries, revealed as photos and videos were posted to social media.

Congressman Carlos Curbelo of Florida fell when he tried out his daughter’s hoverboard. He tweeted a photo of himself wearing a sling:

“Confirmed – #hoverboard is for kids. My daughter got it. I ended up in @BaptistHealthSF #ER. #hoverboardChristmas.”

We do not think this product is safe for any age. But we agree with his colleague, Congresswoman Illeana Ros-Lehtinen of Florida, who tweeted back: “Ouch. At least it didn’t catch on fire!”


News Headlines
One headline from the Washington Post: “Thanks for ruining Christmas, hoverboards.” Below is a video from the report.

Our Thoughts

This is a dangerous product and safety concerns need to be addressed. If you received one, consider returning it. If you keep it, follow instructions for charging it. Do not charge it overnight or while you are outside the home. Also, remember most airlines have banned hoverboards due to the fire risk.

If you do ride, always wear a proper helmet and padding while using this product. Ask what the local traffic laws are before use.


Drones
Many people also received drones as holiday gifts. The Federal Aviation Administration (FAA) predicted more than 1 million drones would be gifts on Christmas Day.

drone-186.jpgOn Christmas Day, photos and videos of drones crashing on the ground, into the neighbor’s roof and even into other family members filled social media. Read this Washington Post report, “Wear a Helmet: All those Christmas Drones are Falling Out of the Sky.”

The FAA has set up a website to register drones. Anyone with an aircraft weighing from a half-pound to 55 pounds must register with the FAA. Drone owners who are 13 and older must register on the FAA website. Parents with younger children are expected to register on their behalf.

Drone Owners Must Take Care
There are serious concerns about drones interfering with airplane traffic, but there are also very real concerns about general transportation safety. Drone owners must take care to be sure that they do not interfere with traffic, bicyclists or pedestrians. Be considerate and be aware of local laws and ordinances related to drone use.
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20150112_honda.jpgLast week we learned the National Highway Traffic Safety Administration (NHTSA) issued Honda Motor Co. two safety fines totaling $70 million. The fines were announced last week but had been issued before the New Year. These are the largest penalties the NHTSA could impose. With them, automakers finish the year paying $126 million in civil penalties, the most ever for one year. The amount also exceeds the total amount collected in all 43 years of the NHTSA’s operation.

Honda’s Fines

  • Honda was fined $35 million for failure to report submit early warning reports (EWR reports) identifying potential or actually safety issues. The company failed to report 1,729 death and injury claims between 2003 and 2014.
  • Honda was fined a second $35 million for failure to report certain warranty claims and claims related to its customer satisfaction campaigns, in which a manufacturer quietly agrees to fix defects on cars even beyond the normal warranty period.

Honda was ordered to submit injury reports as part of the NHTSA’s investigation on defective Takata airbags last year. Some of the drivers who died as a result of the Takata airbag defects were driving Honda vehicles. The airbag defects are linked to at least five deaths and dozens of injuries in the U.S. Automakers have recalled nearly 14 million cars with these airbags worldwide. Takata, a Japanese company, has limited its recalls to Florida, Hawaii and other warm weather states, despite pressure from the NHTSA to expand the recall nationwide.

Other Companies Which Were Fined
Among the companies the NHTSA fined last year: Gwinnett Place Nissan, Ferrari S.p.A. and Ferrari North America, Chapman Chevrolet LLC, Hyundai Motor America, General Motors Company and Prevost and Southern Honda Powersports.

Then of course there was General Motors, which was fined $35 million for how it handled a recall of more than 2 million vehicles with ignition switch problems. It also paid a separate $441,000 fine for failure to fully respond to a special order by a specified due date.

Toyota is not on the list of companies which paid civil penalties in 2014. But it paid the U.S. government a $1.2 billion criminal fine for it actions during a safety investigation.

Proposed Safety Changes for 2015
In the New Year, the U.S. Department of Transportation and NHTSA are proposing to increase the maximum fine for auto safety violations from $35 million to $300 million. The agencies also want the NHTSA to have additional authority to compel companies to recall unsafe products.

Related:
U.S. Department of Transportation Fines Honda $70 Million for Failing to Comply with Laws That Safeguard the Public, National Highway Traffic Safety Administration.
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20141124_holidayshopping.jpgReady or not, the holiday shopping season begins in earnest this week. Enjoy shopping for loved ones, but remember to buy with caution, especially when selecting toys and products used by young children. The Consumer Product Safety Commission (CPSC) recalled millions of unsafe toys this year, and also many of the most basic children’s products, including car seats, strollers and furniture. Shoppers should closely examine every purchase. Here are a few holiday shopping tips:

Check for recalls. Search the CPSC database to see if a specific product has been recalled. You can also search by company.

Here are some of the important ones to remember:

Graco Recalls. Graco recalled millions of car seats earlier this year because of sticky-buckles which were trapping children in the seats. Just last week, it also recalled 4.7 million defective strollers which can cause finger amputation. Graco recalled the 11 stroller models after 10 fingertip amputations and one finger laceration. The strollers were sold from 2010 until earlier this month at a number of retailers, including Target, Toys R Us, Walmart, Amazon.com and Walmart.com. Read the recall notice.

Furniture Recalls. Common home furniture also caused child injuries this year. In August, Ace Bayou recalled 2.2 million bean bag chairs after two children unzipped them, crawled inside and suffocated to death. Anyone with one of these defective chairs should call the company for a repair kit to disable the zipper.

Another serious recall impacted in Massachusetts. Earlier in the year, Lane furniture renewed its recall of wooden cedar chests after two children in Franklin became trapped in one and suffocated. The children had apparently been playing hide-and-seek and became locked inside. The company first recalled the chests in 1996, but millions of the defective chests are believed to still be in use without the necessary repair.

In the Massachusetts case, the children’s family is believed to have bought the used chest at a second-hand store more than a decade ago. Second-hand sales are challenging to regulate, as are families and friends who pass along used products to each other. This makes it important to know the characteristics of an unsafe product as well as specific products which have been recalled.

Buy age-appropriate. Read the age recommendation on toys and children’s products. Consider a child’s family. If you are buying for a child with younger siblings, buy something which is safe for all ages in the household.

Be careful buying online. After a product is recalled, it is against the law to sell it in stores or online. But some auction and online listing websites do not police private sellers closely. Avoid these sites when holiday shopping for children.

If you purchase through a merchant website such as Amazon.com, make sure you receive the right product and that it has the same age appropriate label and pieces as shown online.

Beware of suffocation and choking hazards. Avoid balloons, marbles and toys with small pieces which children can put in their mouth. Also avoid small magnets. Remember these things come with many toys, but they also come from other gifts and products that enter a home. For instance, the magnet desk sets which were so popular many years ago for adults turned out to be extremely dangerous for children. In some cases with the Buckyball magnet sets (which have been recalled), children found small magnets years after families brought the set into their home in hard-to-reach places, such as under a couch. Our point is: Please consider every gift carefully.
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20141027_airbag.jpgLast week, the National Highway Traffic Safety Administration (NHTSA) issued an advisory urging the public to act immediately on recall notices impacting 7.8 million cars with Takata airbags. The airbags are now linked to four deaths and more than 100 injuries.

If you have not already done so, please immediately check if your vehicle’s airbags have been recalled. Visit Safercar.gov. Select your auto manufacturer and enter your vehicle identification number, or VIN.

While car manufacturers are required to notify owners of recalls, do not wait to receive a letter for the company. While many of the airbags were previously recalled, you may have missed an earlier letter or may not have appreciated how serious the recall actually is.

chevy-cobalt.jpgToyota issues its second largest safety recall ever while GM CEO addresses Congress and Mazda reports a new web of problems

Toyota has more bad news for drivers. Just a few weeks ago, Toyota agreed to pay a record $1.2 billion criminal penalty to the federal government. The Japanese automaker, which has recalled over 9 million vehicles worldwide in recent years, recalled another 6.4 million vehicles on Wednesday for steering, airbag and other safety defects. This is the company’s second largest single recall announcement. Toyota states that it is not aware of any crashes or injuries involving these defects.

In March, Toyota agreed to pay the $1.2 billion criminal penalty to federal government for misleading consumers and the government about unintended acceleration in its cars and trucks. The Justice Department had charged Toyota with wire fraud, but agreed to defer the criminal charge for three years while the company submits to government monitoring.

This week’s recalls involve 27 Toyota models, including the RAV4 and Yaris. The largest recall involves 3.5 million vehicles which have defective spiral cables that can be damaged when the steering wheel is turned. Other defects involve a seat rail that can be pushed forward in a crash, as well as faulty steering column brackets, windshield wiper motors and engine starters.

GM ignition defects draw Congressional inquiry. Last week, General Motors CEO Mary Barra was questioned by Congress about faulty ignition switches in GM vehicles, and about her company’s slow response to protecting the public after learning about at least 13 deaths linked to the defect. GM has recalled over 2.5 million vehicles which may be equipped with the faulty ignition switch.

A week later, the National Highway Traffic Safety Administration (NHTSA) is waiting on more answers from General Motors. It reports the company has failed to respond to more than a third of its written questions. The company is being fined $7,000 each day for failing to fully respond, and the NHTSA is expected to hand the matter over to the Justice Department shortly.

Spiders and hoses and gas, oh my! Mazda also issued a recall this week, one involving an unusual, but familiar safety problem. For the second time in three years, Mazda has recalled 42,000 Mazda6 sedans. This recall involved vehicles from 2010, 2011 and 2012.

The problem is the yellow sac spider. The spiders are attracted to the smell of gasoline and can weave a web in the evaporative fuel hose, causing pressure to build up in the fuel tank. Too much pressure can cause fuel tank cracks, leaks and fires.

In 2011, Mazda had recalled 65,000 Mazda6s from 2009 and 2010 for this defect. The car manufacturer attempted to remedy the defect by installing a spring inside the vehicle’s fuel line, but recently reported nine cases in which this was not adequate. The company is not aware of any fires due to the defect, but will now notify car owners. The remedy requires checking of the evaporative canister vent line and software reprogramming.
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