Re-selling recalled products is a violation of federal law and could result in serious injury or death. Children are particularly at risk from re-sold recalled products. Our law firm has represented children and their families in product liability cases.

“Companies that re-sell recalled children’s products are putting profit before the safety of children. Children's lives at at risk from this practice, and it has to be stopped,” said attorney Elliot Olsen, who has two young children of his own and has represented children and their families. “Resale stores should make safety their business and check for recalled products and hazards to children.”

Before re-selling products, CPSC encourages re-sellers to check its Web site, www.cpsc.gov, to determine if the product has been recalled.

In addition to the education campaign, CPSC’s Internet surveillance team is monitoring online retailers and auction sites for sales of recalled and hazardous products. Re-sellers are reminded that they must comply with the federal law which will be enforced for in-store and online sales.

CPSC has released a new “Handbook for Resale Stores and Product Re-sellers” to help resellers comply with the law. It can be found at www.cpsc.gov/cpscpub/pubs/thrift/thrguid.pdf or can be ordered by calling CPSC’s Hotline at (800) 638-2772.

Labels: lawyer, product liability lawyer, wrongful death

The Multi-District litigation (MDL) in the Yamaha Rhino rollover lawsuits continues to move forward in the Western District of Kentucky, with the products liability attorneys at Pritzker Olsen playing a central role. At the outset of the litigation, attorney Eric Hageman of Pritzker Olsen was appointed by the federal judge presiding over the Rhino MDL, Judge Jennifer B. Coffman, to serve on the Plaintiffs’ Steering Committee.

More recently, Judge Coffman issued the initial Case Management Order, setting the schedule for all of the MDL cases. As outlined in the Order, all non-expert fact discovery must be completed on cases currently in the MDL by February 1, 2010, with all discovery to be completed by April 1, 2010. If cases are not resolved via pre-trial settlement, trial of the cases will begin June 1, 2010. A proposal regarding a “comprehensive case resolution program for the MDL cases” will be made to Judge Coffman by September 30, 2009.

Even though no Rhino rollover cases have yet gone to trial, the benefits of the nationwide Rhino rollover litigation are already becoming apparent. Yamaha has seemingly acknowledged the existence of some of the very defects which are being alleged in the Rhino rollover lawsuits. The defects which make the Rhino prone to tip over and seriously injure its occupants include the following: its top-heavy design, dangerously narrow track width, high center of gravity, wheels that are too small to maintain stability, steering geometry that facilitates rollovers and tip overs even at low speeds and on flat terrain, heavy rigid steel roll cage that has no safety padding, lack of doors, leg guards, or other enclosures to protect occupants, lack of handholds or handles for passengers, and defective restraint systems. On March 31, 2009, Yamaha announced a repair program to address some of the same rollover safety defects which are being advocated in the MDL. In apparent recognition of the dangers posed by the Rhino, Yamaha has advised that consumers should not use Rhinos until the safety defects are repaired.

Pritzker Olsen attorneys will continue to play a leading role in the Rhino rollover litigation and will push for even greater safety changes on the Rhino.

To contact an attorney at Pritzker Olsen, please call 1-888-377-8900 (toll free) or submit our free consultation form.

Yamaha Rhino Rollover Information

Rhino Rollover Suit
Rhino 450 and 660 Free Repair
Yamaha Rhino Accident
Yamaha Rhino ATV Recall
Yamaha Rhino Lawsuit
Yamaha Rhino FAQ
Yamaha Rhino Recall

Labels: accident injury, Disfigurement, lawsuit, lawyer

If the following product recall outrages you, please contact your federal legislators. Tell them that the federal government is not protecting its citizens from unsafe products and that, at the very least, the following should be done:

1. All products should be required to be tested for safety before they are put on the market. People do not realize that most products are not tested for safety.
2. The U.S. Consumer Product Safety Commission needs to have broad authority to immediately recall products when there has been a serious injury or death or when it is evident that the product is not safe. Now, in most cases, manufacturers have to voluntarily recall products. In the case below (we will get to it), a toddler was strangled to death by a soccer goal net while his mother struggled in vain to free him. This happened last year, but the recall of the product was not initiated by the manufacturer until this month. There is something horrifically wrong with this.

The facts of the soccer goal net strangulation as reported by National Public Radio:

Last year in Texas, a 21-month-old boy tried to climb on one of the MacGregor nets from the back of the goal. He fell through the mesh, and the polyethylene cord contracted around his neck.

The toddler was in a fenced-in treeless backyard that contained only the soccer goal and carpet grass. By the time the mother realized what had happened, the cord around his neck was so tight, she was unable to pull his head back through.

She sent another child back into the house for a pair of scissors while she held her dying son's head, her hands straining at the cord.

Also according to the NPR report:

The difference in cost between making a goal with the deadly 5-inch mesh and a goal made with the smaller, safer mesh is estimated at less than 20 cents of polyethylene cord.

The recall of the soccer goals as reported by the U.S. Consumer Product Safety Commission:

September 16, 2008 - The U.S. Consumer Product Safety Commission, in cooperation with the firm named below, today announced a voluntary recall of the following consumer product. Consumers should stop using recalled products immediately unless otherwise instructed.

Name of Products: MacGregor Folding Soccer Goals, Mitre Folding Soccer Goals

Units: About 190,000 units

Distributor: Regent Sports Corporation, of Hauppauge, N.Y.

Hazard: The fixed knot flexible openings in the soccer goal net can pose a head and neck entrapment or strangulation hazard to young children.

Incidents/Injuries: Regent Sports and CPSC have received two reports of head entanglement, including the strangulation death of a 20-month-old child who was found with his arm and neck tangled in the soccer goal net.

Description: Both soccer goals have a foldable white frame with a white net that is attached by Velcro strips. When upright, the MacGregor goal measures 6 feet wide by 3 feet high and the Mitre net measures 8 feet wide by 6 feet high. Each has a recalled net with squares measuring 5 inches on each side. The MacGregor soccer goal has model number 97236 printed on the assembly instructions and UPC code number 029807972365 printed on the net’s packaging. The Mitre soccer goal has model number 89186 printed on the assembly instructions and UPC code number 029807891864 printed on the net’s packaging. Nets manufactured after April 2007 with 4 inch by 4 inch square openings are not included in the recall.

Sold at: Wal-Mart, Ace Hardware and sports and toy stores nationwide from May 2002 through May 2008 for $26.

Manufactured in: China

Remedy: [Do not do this if your child has been injured.] Consumers should stop using the recalled soccer goal nets immediately and return them to Regent Sports to receive a free replacement net. [If your child has been injured or strangled to death in a soccer goal net, do not contact the retailer or Regent Sports. Contact us immediately about a lawsuit. These cases are strict liability cases and punitive damages may be available.]

Labels: infant death, lawyer, Strangulation Death, wrongful death

The Consumer Product Safety Commission (CPSC) is urging parents and other caregivers to provide infants in their care with a safe sleep environment.

A CPSC analysis of crib-related deaths found that crib deaths have been caused by:

• suffocation when infants ended up face down on pillows or face down in a crib with pillows, quilts or other bedding
• entrapment between components of old cribs that were in bad condition, with broken or missing parts or loose hardware
• entrapment in spaces generated between the sides of a crib and an ill fitted mattress
• accessories situated in/around the crib (such as window cords or curtain tie backs)
• falls out of cribs
• alterations made to cribs
• entrapment when the child became wedged between the crib and other furniture or a wall

CPSC also issued a recent press release warning parents and other caregivers of baby deaths associated with air mattresses.

The CPSC is urging parents:

• To reduce the risk of SIDS and suffocation, place baby to sleep on his or her back in a crib that meets current safety standards
• To prevent suffocation never use a pillow as a mattress for baby to sleep on or to prop baby’s head or neck
• Infants can strangle to death if their bodies pass through gaps generated between loose components, broken slats and other parts of the crib and their head and neck become entrapped in the space.
  *Do not use old, broken or modified cribs
  *Regularly tighten hardware to keep sides firm
  
• Infants can suffocate in spaces generated between the sides of the crib and an ill fitted mattress; never allow a gap larger than two fingers at any point between the sides of the crib and the mattress.
  
• Never place a crib near a window with blind or curtain cords; infants can strangle on curtain or blind cords.
  
• Properly set up play yards according to manufacturers’ directions. Only use the mattress provided with the play yard. Do not add extra mattresses, pillows or cushions to the play yard, which can cause a suffocation hazard for infants.
  
• Routinely check nursery products against CPSC recall lists and remove recalled products from your home.
  
• Sign-up for automatic e-mail recall notifications at www.cpsc.gov.

The CPSC has been working since 1973 to improve crib safety with the publication of mandatory standards for full-size cribs and non-full size cribs. CPSC staff has also been involved in the development of voluntary standards for cribs addressing issues such as corner posts and structural and mechanical failures. The work of the CPSC has contributed to an 86% decrease in crib related deaths.

Recent crib recalls:

• Munire Furniture Crib Recall
• Bassettbaby Crib Recall
• Bassettbaby Cribs Sold Exclusively at Babies R Us
• Simplicity Crib Recall
• Nursery-in-a-Box Crib Recall (also Simplicity)
• NettoCollection Crib Recall
• Sleepi Crib Foam Mattress Recall
• Pottery Barn Kids Crib Bumpers Recall
• Sleigh Round Cribs Imported by Song Lin Industrial
• Simplicity Cribs with Graco Label
• Lov's "Europa" Natural Color Cribs Sold at Toys R Us

Please send this information to parents of infants and others who take care of babies.

Labels: Crib Entrapment, Crib Suffocation, infant suffocation, lawyer

Glue gun burns due to a defective glue gun may give rise to a lawsuit against the manufacturer, distributor, importer, retailer and others. Dollar Tree Stores Inc. has recently recalled a potentially defective glue gun, Crafters Square Hot Melt Mini Glue Guns. Below is information on the glue gun recall from the U.S. Consumer Product Safety Commission. We are providing it here as a public service.

Glue Guns Recalled by Dollar Tree Stores Due to Fire, Burn and Shock Hazards

The U.S. Consumer Product Safety Commission, in cooperation with the firm named below, has announced a voluntary recall of the following consumer product. Consumers should stop using recalled products immediately unless otherwise instructed.

Name of Product: Crafters Square Hot Melt Mini Glue GunsUnits: About 253,000Retailer: Dollar Tree Stores Inc., of Chesapeake, Va.

Importer: Greenbrier International Inc., of Chesapeake, Va.

Hazard: The recalled glue guns can short circuit, causing the gun to smoke and catch fire. This poses fire, burn and shock hazards to consumers.

Incidents/Injuries: Dollar Tree is aware of seven incidents in which these glue guns short circuited resulting in two injuries, including electrical shock and burns.

Description: The glue guns dispense hot glue and are intended for craft projects. The recalled glue gun is black with a yellow trigger and is approximately 4 1/2 inches from the back of the gun to the tip. Attached is a 44-inch electrical cord. "Crafters Square" and product number 818261-72 or 818261-75 are located on the guns' packaging.

Manufactured in: China

Sold at: Dollar Tree, Dollar Bill$, Dollar Express, Greenbacks, Only One $1, and Deal$ stores nationwide from February 2007 through August 2007 for about $1.

Remedy: Consumers should immediately stop using the recalled glue guns and return them to the store where purchased for a full refund. [Note from PritzkerOlsen: If someone has been injured by a recalled glue gun, contact a lawyer at our law firm. It is important not to return the glue gun because it could be used as evidence in a lawsuit seeking compensation for damages related to injuries caused by the glue gun.]

Labels: accident injury, burn lawsuit, lawyer

The following is from a CPSC news release. 16 babies have died when placed to sleep on air mattresses. Please email this to everyone you know who takes care of an infant.

Deadly Danger: CPSC Urges Parents To Not Place Infants on Air Mattresses

WASHINGTON, D.C. - This is the season when homes fill up with gifts and guests. When traveling, parents may choose alternative sleeping environments for babies. The U. S. Consumer Product Safety Commission (CPSC) is warning families nationwide that air mattresses are too soft for use with sleeping infants. Never place infants to sleep on air mattresses or other soft surfaces (such as water beds and adult beds), which are not specifically designed or safe for infant use.

Since 2002, CPSC has received reports of 16 tragic deaths, mostly infants younger than 8 months of age who were placed to sleep on air mattresses: 11 suffocated in a face down position on an air mattress and 5 died due to suffocation after falling into gaps between the mattress and bed frame and mattress and adjacent furniture or wall.

Generic twin-, full-, or queen-sized inflatable mattresses are usually intended for adults and older children. Even properly inflated air mattresses are usually too soft for infants to maintain a clear airway. Air leaks and under-inflation also contribute to incidents.

Wherever your baby sleeps should be as safe as possible. CPSC recommends these safe sleeping tips:

• Always place your baby to sleep on his or her back to reduce the risk of SIDS.
• Never place baby to sleep on an adult bed. Infants can suffocate on bedding or can become entrapped between the mattress and bed frame or mattress and wall.
• When using a crib, make sure it meets current safety standards, has a firm, tight-fitting mattress and tight-fitting bottom sheet.
• When using a portable crib or play yard, be sure to use only the mattress or pad provided by the manufacturer.

Posted December 2007.

Labels: infant death, infant suffocation, lawyer, wrongful death

A chemical coating on Aqua Dots converts to a powerful “date rape” drug when ingested. Two children in the United States slipped into a coma after swallowing some of the Aqua Dots. As a result Spin Master, manufacturer of Aqua Dots, has recalled 4.2 million Aqua Dot products, which were manufactured in (you guessed it) China.

Millions of toys sold in the U.S. and manufactured in China have been recalled due to high lead content (usually in the paint). Now Chinese manufacturers are coating products meant for children with a “date rape” drug. What will be next?

Legally, Spin Master is liable for any injuries to children that are caused by Aqua Dots. We are using “caused” in the legal sense, which means it has to be more probable than not that Aqua Dots caused a specific injury. We are accepting Aqua Dots lawsuit cases. If your child has been seriously injured by Aqua Dots, please contact us toll-free at 1-888-377-8900 or submit the online consultation form for review by one of our nationally-recognized product liability lawyers.

Labels: Furniture Safety, infant death, infant suffocation, lawyer