Long Island, Manhattan Accident Attorney Blog

Toyota Announces Another Recall – What New York Drivers Need to Know

Graco Recalls Harmony Highchairs After Reported Injuries

New Yorkers Beware of Zocor’s Risks

What the Maker of Avandia May Have Known About Potential Cardiac Risks

Britax Strollers Put Babies at Risk in New York

Toyota’s Recalls Affect Manufacturer’s Reputation in New York

Parents Beware - Over a Million Graco Strollers Recalled

Toyota Stops Production on Some Models Due to Auto Defect

What if Your Baby’s Stroller Isn’t Safe?

New York Product Liability Cases

If you have been injured by a defective product in New York, your case will fall under a legal category known as product liability.  Product liability cases involve manufacturers, distributors, suppliers, retailers and any others who make products for the public.  These companies can be held liable for defective product injuries.

There are three main types of product liability claims – manufacturing defect, design defect and failure to warn.  In a case of a manufacturing defect, it needs to be proven that a defect occurred during the manufacturing process, which may include low quality or toxic materials or poor workmanship.  A design defect case would involve a defective product that had a design that made it dangerous or useless.  When there is a case of failure to warn, it means that a defect arose in a product that did not have a warning of an inherent non-obvious danger.

Claims can be made against manufacturers and other companies involved in the making and distribution of a product for breach of warranty, negligence or strict liability.  An experienced New York product liability lawyer would be able to advise you on what type of claim you may have in a defective product case.

Contact the law office of Rappaport, Glass, Greene and Levine at 800.734.9445 for legal advice regarding your New York defective product case.

Thousands of Children Sustain Toy-Related Injuries Each Year

Your child should be able to play with a toy without the risk of a serious injury.  Unfortunately, manufacturers sometimes place children’s products on the market that are later found to be dangerous.  In 2006, 220,500 toy-related injuries were treated in U.S. hospital emergency rooms and there were 26 toy-related deaths among children younger than 15-years old.

Every month, dozens of children’s products are recalled in the United States.  Many of these recalls follow a serious injury sustained by a child.  As a parent or caregiver, it is important to stay up-to-date on the latest recalls.  The U.S. Consumer Product Safety Commission (CPSC) sends out press releases regarding recalled children’s products.  You can sign up to receive free recall emails on the CPSC’s website.

Sometimes a toy will injure a child even if it hasn’t been recalled and toys aren’t the only products that pose dangers to children.  Cribs, bassinets, clothing items, play sets and furniture have also been known to cause serious injuries.  Manufacturers can be held liable for defective children’s products.

Design flaws, products that are not marketed correctly and problems in the manufacturing process can all lead to defective children’s products.  In New York, you can file a defective lawsuit against a manufacturer.  If your child has been injured by a toy or other product, contact Rappaport, Glass, Greene & Levine at (800) 734-9445 for legal advice.

The article, “Defective Children’s Toys Can Lead to Serious Injuries,” has more information on this topic.

Toddlers and Toxic Substances

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.

Top Ten Dangerous Toys of the Past Year

To help parents with the purchase of toys that are not only fun to play with but are safe for use, the nonprofit organization World Against Toys Causing Harm Inc. (WATCH) has issued its list of 10 toys that it considers dangerous enough that parents should exercise caution when allowing their kids to play with them.

Inflatable Giga Ball: Watch notes that this inflatable ball that kids can crawl into, tumble around, and bounce in could cause potential impact and serious injuries.

Sportsman Shotgun: This toy is made by Parris Manufacturing Co. and comes with rubber bullets that could cause eye injuries.

Animal Alley Purse Pet: WATCH is concerned that the hair on these, dolls made by Geoffrey Inc./Toys ‘R’ Us, can easily be removed and swallowed by kids, potentially causing aspiration and ingestion injuries.

Go Go Minis Pullback Vehicle: Made by Kid Galaxy Inc., WATCH is concerned that the toy truck’s back tires might come off and pose a choking hazard.

Spider-Man Adjustable Toy Skates: While Street Flyers LLC recommends that kids use knee pads, elbow pads, helmets, and wrist guards to prevent impact injuries, only the pads come with the skates.

Walk’n Sounds Digger the Dog: The toy’s dog leash is 2 inches longer than the toy industry 12-inch limit and may cause strangulation or entanglement injuries. This product is made by Hasbro/Playskool.

Pucci Puppies - My Own Puppy House Golden Retriever: This Battat Inc. toy comes with small parts that can pose a choking hazards to kids.

Meadow Mystery Play-A-Sound Book With a Cuddly Pooh: The Disney Pooh’s mask could pose a choking hazard to children if removed.

Extreme Spiral Copters: This slingshot-like toy can potentially cause eye injuries. Made by Toysmith Group.

Peanut Butter Salmonella Recalls Include Little Debbie Snacks

Little Debbie snacks are the latest peanut butter-containing foods to be recalled amid a nationwide salmonella outbreak. The outbreak has been linked to a Peanut Corporation of America (PCA) facility in Georgia which supplies peanut paste and peanut butter to 85 other food companies. Little Debbie joined a growing list of companies that recalled snacks over the weekend. Meanwhile, the Food & Drug Administration (FDA) is warning consumers to avoid eating any foods that contain peanut butter.

According to the Centers for Disease Control (CDC), the outbreak strain of Salmonella Typhimurium has sickened 474 people in 43 states. At least six have died. Nearly a quarter of those sickened have required hospitalization, the CDC said.

Peanut butter became the prime suspect in the salmonella outbreak after the bacteria was found in an opened 5-pound container of King Nut peanut butter made by PCA. That prompted both King Nut Company and PCA to recall peanut butters made at the plant, including those sold under the King Nut and Parnell’s pride labels.

Last week, the salmonella found in the King Nut peanut butter was confirmed to be the outbreak strain, and late Friday, investigators announced they found salmonella in peanut butter at PCA’s Blakely, Georgia facility. That plant has since been closed pending further investigation. In addition to peanut butter, the PCA factory also makes peanut paste, an ingredient in everything from baked goods to sauces.

The announcement set off an avalanche of recalls which are sure to continue in the coming days. Kellogg Company was the first to issue a snack food recall on Friday evening. The company is recalling several varieties of Keebler and Austin snack crackers as cookies, as well as Famous Amos cookies made with peanut butter.

Yesterday, McKee Food Corporation recalled all sizes of Little Debbie Peanut Butter Toasty sandwich crackers and Little Debbie Peanut Butter Cheese sandwich crackers. According to a McKee Food press release, those crackers were also made by Kellogg.

As a precaution, the FDA is urging consumers to avoid all snacks containing peanut butt or peanut paste until the salmonella investigation is complete. However, the agency said most peanut butter sold in jars at retail stores appears to be safe. PCA peanut butters are sold in bulk to food service firms and institutions.

Safety Information Available Through Text or E-mail

The National Highway Traffic Safety Administration has started a service where subscribers can receive instant notification through e-mail or text messaging whenever there is a safety recall involving tires or child safety seats.

For those of you with small children, we think signing up for this service would be a good idea.

Just go to the NHTSA website at NHTSA.DOT.GOV.