In another display of alarming disregard for children’s safety, Henry Gordy International, Inc. (Henry Gordy) allegedly failed to report a safety hazard with its “Auto Fire Target Set” toy. After the deaths of three children and a federal investigation, the company has agreed to pay a $1.1 million fine to resolve the allegations.
The Consumer Product Safety Commission (CPSC) alleged that Henry Gordy knew in May 2006 that the soft toy darts used in the set posed a serious choking risk. Although Henry Gordy was required by federal law to quickly report any known dangers to CPSC, the company failed to do so. By the time CPSC learned of the danger and recalled the product in May 2010, three deaths were associated with the toy.
In addition to not reporting the danger, CPSC also alleged that Henry Gordy made a material misrepresentation during CPSC’s investigation by not reporting all of the information the company was aware of.
In agreeing to the penalty, Henry Gordy denies knowingly violating the law.
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Recent product recalls include Boy Scout Wind Tech Jackets, Libbey glass fantasy bowls, Duttailier drop-side cribs, and football helmet chin straps.
The Boy Scout jackets contain a drawstring that poses a risk of strangulation and entrapment. For more information, visit the Scout Stuff website.
The Libbey glass bowls have been found to pose a laceration risk, because they can shatter during a sudden temperature change or impact. The Consumer Product Safety Commission (CPSC)has details on which bowls are subject to the recall.
Dutailier has discovered that its drop-side cribs pose a serious danger to children. The slats on the drop side can come loose from the bottom and top railings, creating a space between slats. An infant or toddler can become trapped in this space, creating a serious risk strangulation and suffocation. CPSC has more information.
UA Defender chin straps, sold by Under Armour, are being recalled due to a sharp metal clasp. When a football player comes into contact with someone wearing the helmet, the sharp edges can cut the player’s skin. So far, six injuries requiring stitches have been reported. Visit Consumer Reports for more details.
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Honda and the National Highway Traffic Safety Administration (NHTSA) have issued a recall of more than 300,000 of the manufacturer’s Pilot SUVs. According to the recall notice, the stitching that holds the vehicles’ front seat belts to their anchors may be “incomplete or missing.” This means that the seat belt could detach from the anchor, sharply increasing the risk of injury in the event of a crash.
Honda is encouraging Pilot drivers to bring their cars to their local dealers for a free inspection and repair. To view the recall notice, visit NHTSA’s website.
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A recent study by the American Journal of Public Health has found that women who wear seat belts are 47% more likely to be injured in a car accident than men who also wear seat belts. The study found that a number of factors, such as women’s “relatively short stature” and “preferred seating posture,” gave women “lower safety protection from the standard restraint devices.” In particular, women wearing seat belts have a higher risk of sustaining chest and spine injuries than similarly belted men. Women are also more likely than men to be injured by airbag deployment. The study’s results have led some bloggers to complain that “male-centric design of safety features” puts women at an unreasonable risk of injury.
The study has one important caveat, however: it only examined cars built between 1998 and 2008. USA Today reports that newer cars “have dual-depth or dual-stage driver and passenger air bags and weight sensors that change the force of the air bag depending on occupant size, seat belt use and seat placement.”
These new safety measures are encouraging for women and men alike. However, the millions of women driving cars manufactured before 2009 remain at a heightened risk of injury — with no easy remedy in sight.
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Spin Master, a Toronto children’s entertainment company, recently agreed to pay a $1.3 million civil penalty to resolve allegations made by the Consumer Product Safety Commission (CPSC). The company manufactures Aqua Dots, a children’s craft kit containing small beads that stick together when sprayed with water. The beads contain several banned hazardous, toxic substances. A number of children (and one dog) received emergency medical treatment after ingesting Aqua Dots. CPSC alleged that Spin Master learned of these incidents in October 2007, but failed to report them to the Commission, in violation of federal law.
In the next few weeks, Spin Master allegedly continued to receive reports of children harmed by Aqua Dots. However, no reports were made to CPSC. In November 2007, CPSC received reports stating that two children had fallen into comas after ingesting Aqua Dots. CPSC contacted Spin Master and, two days later, a recall was issued.
CPSC noted that Spin Master had hired a company to test the toxicity of the product, but the testing was considered inadequate.
Federal law requires companies like Spin Master to report to CPSC within 24 hours of receiving information on a potential product defect or danger. Spin Master denied knowingly violating the law. However, the company has agreed to pay the $1.3 million civil penalty.
Visit CPSC for more details and pictures of the toxic product.
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The Philadelphia Inquirer recently published a great article discussing how well efforts are working to keep consumers informed of product dangers. Columnist Jeff Gelles reports that, since last year, U.S. law has required the Consumer Product Safety Commission (CPSC) to maintain “a new system meant to ensure that parents and others who buy ‘durable infant and toddler products’ – items like cribs, car seats, strollers, and bassinets – learn about recalls before they cause injuries or deaths.” When parents buy these products, a card enables them to register directly with the manufacturer. If a product is recalled, the manufacturer can easily reach each person who has registered.
Gelles also reports that, in March, CPSC created a searchable public database, SaferProducts.gov. Through the database, consumers can report product injuries and close calls, as well as search for products they’re thinking of buying. A simple search can educate the consumer about potential risks a product may pose.
Although this seems like a simple and effective way to empower consumers to educate and product themselves, some manufacturers are fighting these databases. One anonymous company has even filed a lawsuit against CPSC in Maryland, alleging that it could suffer irreparable harm if injuries allegedly caused by its products were reported in a public database.
Both the registration system and the products database depend on active consumer participation. Visit SaferProducts.gov to report an unsafe product or research before you make a purchase. And if you’ve recently purchased a durable infant or toddler product, such as a crib, stroller, or car seat, check the packaging for a registration card. Fill it out to ensure that you are informed of any recalls.
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This website was created to help consumers and lawyers investigate potential product defect cases. Using this website as a resource should help you make an initial determination about whether there is a product liability or defective product case.
The left column of this blog is divided into several topics which contain extensive discussions concerning potential claims and provide guidelines for investigating potential claims with “defects checklists” tailored to several different topic areas, such as automobile defects, helmet defects, and prescription drug defects. There is also a section dealing with court decisions of interest.
By printing out the checklists, or by bringing to an inspection a laptop computer with wireless access in order to view this site, you should be able to conduct a thorough inspection.
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