Long Island Personal Injury Lawyer - Product Liability

Toddlers and Toxic Substances

Jim Forde — Wed, 07 Jan 2009 19:13:04 GMT

No parent would let their child play with a can of drain opener.

But the impact that more "ordinary" household cleaners, sanitizers and other substances can have on the metabolism of small children should NEVER be overlooked. The reasons are simple and various:

- Underdeveloped immune systems in children

- Smaller concentrations of toxins have greater effect on their smaller body mass

- They tend to put EVERYTHING in their mouths and noses---from their fingers to toys, clothing, baby wipes, etc.

- Direct contact with carpet and upholstery, leading to exposure to cleaning fluids

- More exposure to caustic/abrasive bathroom cleaners used in tubs/bathrooms

One recent observation I have made is that many types of cleaning products are now made in "disposable wipe" form----like furniture wipes, bleach-containing cloths, Armor All, hand sanitizer----you name it. I guarantee you a toddler will not discriminate between an "Anti-Dust Formula Pledge Wipe with Allergen Trappers and the Natural Beauty of Lemon" and one of their own baby wipes if the polishing wipe is carelessly left hanging around. Of course, while it is probably not a good idea for a toddler to put either one in their mouth, I'm not sure what an "Allergen Trapper" really is, and I am reasonably certain that the beautiful 'lemon scent" is anything but natural. So take care how these seemingly harmless household products are used where small children will be present.

Originally posted at InjuryBoard by Jim Forde

Tighter Lead Laws for Manufacturers of Children’s Items

Michael Levine — Tue, 21 Oct 2008 17:28:09 GMT

According to the Washington Post, all Child Products will have to meet a new, tougher lead standard by February 10, 2009. The new law will allow companies to sell off inventory on products that will be banned by February 10, 2009. Any products in inventory that do not meet the higher standard by that date will have to be destroyed.

The new law stipulates that children’s products will not be allowed to have a total lead content above 600 parts per million. By August 10, 2009 the number drops by 50 % to 300 parts per million. In 2012, the number drops to 100 parts per million.

Unfortunately, the law does not go into effect for another few months, so there will be another holiday season without strict lead standards for toys.

"This holiday season is ‘buyer beware,’ " said Ed Mierzwinski, consumer program director for U.S. PIRG, a Washington advocacy group.

Some companies have already prepared for the February 10, 2009 deadline. RC2 began clearing out inventory that did not meet the new limit, and Toys R Us does not have any toys that fall short of the new standard.

High lead levels can be dangerous. In children, it can cause anemia, muscle weakness and attention-deficit problems, impair growth, and reduce the ability to understand language, according to the Centers for Disease Control and Prevention. The Centers for Disease Control and Prevention lead poisoning statistics also show that an estimated 890,000 U.S. children ages one to five have elevated blood lead levels.

The primary source of lead exposure among children is from lead-based paint and lead-contaminated dust and soil that are found in and around old, deteriorating buildings. Lead poisoning statistics show that a substantial number of families still live in housing containing a high percentage of lead. Throughout the last fifty years, the level of lead considered to adversely affect children has dropped. In the 1960s, 60 micrograms of lead per deciliter of blood was considered the level for concern. In the 1980s, this level was lowered to 25 micrograms. By 1990, the concerned level was lowered to 10 micrograms. The U.S. Department of Health and Human Services has created a national goal to eliminate childhood lead poisoning in the country by 2010.

Originally posted at InjuryBoard by Michael Levine

Product Liability - The Dangers of Defective Toys

Michael Levine — Fri, 26 Sep 2008 14:50:17 GMT

In a currently ongoing case, one of our clients was the victim of a dangerous product. On May 14, 2008, the mother of the plaintiff purchased a slingshot at a department store. On June 12, 2008, while the plaintiff was playing with the sling shot and pulling back on the cradle part of the sling shot that a polyurethane foam ball sits in, the plastic on the sling shot fractured and some portion of it then struck the right eye of the plaintiff. This resulted in a corneal laceration and a ruptured globe which necessitated surgical repair.

According to the Lawyer Shop, injuries as the result of toys and electronics have skyrocketed in the past decade. In 1997, toy-related injuries stood at 141,300. In 2007, that number has increased to 220,500. The following injuries are some of the most common in product liability suits:

1) Broken Bones or Severed Limbs

2) Deep Cuts or Lacerations

3) Burns

4) Brain Injury

5) Spinal Cord Injury

Originally posted at InjuryBoard by Michael Levine