www.reinerinjurylaw.com

Swimming Season Ends but Home Drowning Danger Continues

tslaughter — Fri, 09 Oct 2009 16:48:27 +0000

This week the U.S. Consumer Product Safety Commission issued an interesting warning to consumers concerning childhood drownings. The Commission noted that while the danger of outdoor drownings in swimming pools has wound down with the coming of fall, the danger of young children drowning in bathtubs, bathinettes and even buckets continue throughout the year.

The Commission published statistics from 2003-2005 that show that an average of 90 children under 5 years old drown in homes each year. The deaths occur in bathtubs (62%), baby seats or bathinettes (15%), buckets and pails (11%), landscaping or yard products (6%) and other products (4%).

The Commission suggests the following safety tips:
Never leave young children alone, even for a moment near any water.
Keep young child within arm’s reach in bathtub. If you must leave, take child with you.
Don’t leave a baby or toddler in bathtub under care of another young child.
Never leave a bucket containing even a small amount of liquid unattended. Toddlers fall headfirst into buckets and drown.

This is sound advice If you are caring for young children, it is always a good idea to take a few moments to review the potential dangers in your premises, and remind yourself of these very common sense tips. Be safe out there.

Target Recalls Child Booster Seats

tslaughter — Fri, 14 Aug 2009 16:30:19 +0000

August 6, 2009. Today Target Stores issued a recall of 43,000 Circo Booster Seats that they sold between December 2008 and June 2009. The booster seats have defective seat belts that can unexpectedly release, allowing the child or infant to fall from the chair and be injured. Eight injury events have been reported.

The plastic seat is blue with a green trim. The defective seat belt and buckle are white. Model numbers are available at the U.S. Consumer Product Safety website.

If you or family members have such a booster seat, please stop using it immediately. Target will accept the return of the item for a full refund.

The attorneys at Reiner, Simpson & Slaughter keep a watchful eye on recall notices issued by manufacturers and the government, particularly with respect to child safety, and post these notices from time to time on our website, to keep consumers in Northern California informed.

Zicam Cold Remedies Linked to Loss of Smell

tslaughter — Wed, 24 Jun 2009 23:29:38 +0000

The U.S. Food and Drug Administration issued a strong warning to the American public on June 16, 2009 not to use certain Zicam Cold Remedies for any purpose. Over 130 reports of loss of the sense of smell, potentially permanent, have been received by the agency. The involved defective products are:

Zicam Cold Remedy Nasal Gel
Zicam Cold Remedy Nasal Swabs
Zicam Cold Remedy Swabs, Kids size (already discontinued).

Any persons who have experienced a loss of smell is advised to seek advise from their doctor or other health care professional.

Our office has already heard reports of consumers in Northern California that have suffered loss of smell from this over-the counter cold remedy. Such a sensory loss could have a substantial impact on the quality of life. Such things as strong toxic chemicals, smoke or gas would no longer be detectible. Please check your medicine cabinets to see if you have purchased these products in the past. They should be thrown out immediately.

tslaughter — Tue, 23 Jun 2009 16:52:04 +0000

Ryan Sabalow of the Record Searchlight reported today that a deer warning system is being installed by CalTrans at a remote location of Highway 3 near Fort Jones for testing. The system is being placed in a location where approximately 60 deer a year are hit within a 5-mile stretch.

The system works with radar sensors that detect animal movements on or about the highway. If an animal (presumably even a pedestrian) is detected, lights are triggered at a warning sign to advise motorists of the potential hazard. Under these conditions, motorists would presumably slow down and increase vigilence.

This is a great idea and has apparently been employed in approximately 15 other locations throughout the United States. Those of us who regularly drive the rural mountain roads of “Far Northern California” know well where dear and other large mammals tend to cross the roads, and when. However, to be specifically advised of their presence ahead of time would clearly aid safety.

Hopefully this pilot project will work out well and other locations can be similarly outfitted. I am sure that other writers could advise Cal Trans of the specific highways and locations that could benefit from such a device. Perhaps the insurance industry could underwrite some of these installations, since they are the ones that could see a significant drop in property damage claims. That’s probably asking too much.

Defective Youth ATV Recalled by Fushin USA

tslaughter — Thu, 18 Jun 2009 17:05:00 +0000

On May 13, 2009, the U.S. Consumer Protection and Safety Commission released a recall notice concerning the Fushin FXSA 002-90cc youth ATV. These ATVs were deemed defective because of a lack of front brakes, the absence of a tire pressure gauge and the lack of appropriate padding over sharp edges on the handlebar assembly. The ATVs were sold through Fushin dealers or online from October 2005 through May 2006 at a price point between $250 and $350. Owners or users of these ATVs are advised to immediately stop using them due to the risk of serious potential injury, and call Fushin at 866.659.8600 for a free repair.

We have been posting increasing numbers of ATV recalls in the past several months. At first glance, these ATVs all appear to be well made, strong and “flashy.” They are marketed for youth usage. However, the manufacturers, almost always Chinese based, seem very short on foresight into the potential dangers of these vehicles and overlook fundamental safety features usually installed by brand name manufacturers such as Kawasaki, Yamaha, etc. Perhaps an international safety standard should be adopted to keep these defective ATVs off the market.

Fire Deaths Prompt Women Chenille Robe Recall Re-announcement

tslaughter — Tue, 16 Jun 2009 18:47:44 +0000

The U.S. Consumer Product Safety Commission (CPSC) issued an urgent second recall notice on Blair LLC Chenille Robes sold from 2003 through 2009. Six deaths have been reported when the robes caught on fire while the person was cooking. Three of the fatalities were women in their 80s. 162,000 of these robes were sold.

The robes bear the following identification numbers on the neckline label: 309311, 3093112, 3093113, 3093114, 3093115 and 3093116. It is a full length robe with seven matching buttons on the front, and two side pockets, all in plush chenille. The sewn label states: “100% Cotton, RN 81700, Made in Pakistan.”

The robes were sold throught the Blair Catalog and from their web site at a price point between $20 and $40.

If you or a loved one has one of these garments stop wearing it immediately. Blair can be contacted at 877.392.7095. They are offering a $50 gift card on Blair merchandise.

It is obviously important to follow the manufacturer’s advise and cease the use of this product. Many people buy these types of robes for gifts, so we must think back to see if maybe we gave one of these robes to a loved one. The news of these fatalities are particularly disturbing and with so many of these robes. Seldom do we consider such apparel as fire dangerous. We all need to check our closets.

Trek and Cannondale Recall Bikes for Unsafe JD Forks

tslaughter — Thu, 21 May 2009 19:56:56 +0000

On May 19, 2009, Trek and Cannondale issued separate recall notices through the U.S. Consumer Product Safety Commission notifying consumers of defective front forks manufactured by JD Components of Taiwan. The defective forks can lose alignment causing the front wheel to turn unexpectedly with potential loss of control by the rider. Owners of the models listed below should stop using these bikes and immediately contact their dealers about replacement forks.

About 16,000 Trek bikes are affected. The models are: 2009 Trek 7300, 7300WSD and 7500. The forks have the words “Bontrager SPA” printed on them. They were sold from August 2008 through April 2009 at between $640 and $940. Trek can be contacted at 800.382.2453.

About 1,500 Cannondale bikes werre involved. These models are the 2008 Cannondale Adventure 2, Adventure 3, Adventure 2 Feminine and Adventure 3 Feminine. The words “cannondale AT35 adventure trail” is printed on the forks. Cannondale can be contacted at 800.245.3872.

The product liability attorneys at Reiner, Simpson & Slaughter keep a watchful eye on products often used in Northern California to alert consumers of recalls and other potential safety issues. If you are concerned about the safety of a product, please feel free to contact us to see if we have any background on the item.

Composite Wood Deck Materials Sold at Home Depot Recalled

tslaughter — Tue, 19 May 2009 20:52:51 +0000

The U.S. Consumer Product Safety Commission announced a nationwide recall of composite wood deck materials sold at Home Depot from January 2005 to August 2008 under the Veranda brand. These decking materials are made of composite materials that are milled and colored to resemble wood. They are particularly popular in Northern California where the sun and high temperatures in the summer can cause rapid deterioration of natural wood decks. The recall has been issued because the composite decking materials have experienced premature deterioration. 37 cases of unexpected deck breakings have been reported,some causing injury.

The composite decking materials were manufactured by Louisiana-Pacific under the Veranda brand name, as well as LP WeatherBest and ABTCo. They were sold at Home Depot, and building product dealers Louisiana Pacific WeatherBest and ABTCo. The price point was between $1.50 and $2.25 per linear foot.

If you suspect that you have such materials in your deck, contact Louisiana Pacific at 888.325.1184 for a free inspection. LP promises to replace any decking that shows signs of premature deterioration.

If you have these materials on your deck, you undoubtedly purchased them based upon claims that they would last for many years(25-50), and would withstand the all of the climate changes that are commonly experienced in Northern California. The fact that these materials are already showing signs of deterioration within 2-3 years of installation causes great concern. Check out your decks and get LP out here to replace them if it appears necessary.

May is National Water Safety Month

tslaughter — Thu, 14 May 2009 17:07:28 +0000

May has been declared as Water Safety Month in 34 states in an effort to focus awareness on safety issues that arise during the summer months when Americans enjoy their pools, spas, beaches, rivers and lakes. Interestingly, California has not yet joined or proclaimed its recognition of this national effort to date. The campaign is sponsored by The Association of Pool & Spa Professionals, the National Recreation and Park Association, and the World Waterpark Association. Their joint website offers good tips on water safety. Their focus is on the education and training of children and adults in good, safe water recreation practices.

Every year we re-emphasize the importance of safe practices around the water. We are blessed in Northern California to have numerous rivers, lakes and beaches where water recreation abounds. Additionally, because of the warmness of our summers, pools are everywhere. For this reason we like to re-publish a list of common sense safety tips.

Safety Tips

1. Never leave a child unsupervised near a pool. During social gatherings, appoint a “designated watcher” to sit poolside with undivided attention to young children in or about the pool. Distracted or preoccupied adults put children at risk.

2. If a child is missing, check the pool first. Seconds count in preventing death or disability. Go to the edge of the pool and scan the entire pool, bottom and surface, as well as the pool area.

3. Do not allow a young child in the pool without an adult.

4. Do not consider a child “drown proof” because he has had swim lessons. Children must be closely watched while swimming.

5. Do not use flotation devices as a substitute for supervision.

6. Keep rescue equipment by the pool.

7. Remove toys from in and around the pool when it is not in use. Toys attract young children.

8. Never prop open the gate to a pool barrier.

Remember, a few minutes of thought and planning can save a family from a life-time of guilt, regret and remorse.

Cannondale Road Bike Recall – Spoke Protector Disc

tslaughter — Wed, 06 May 2009 23:34:23 +0000

For road bike enthusiasts in Northern California who ride a newly purchased 2009 Cannodale road bike, it is being recalled because of a lack of a spoke protector disc. That’s the plastic disc between the upper gears of the derailer and the rear wheel which prevents the chain from jumping into the spokes. Such an occurrence can cause the bike to lock up and throw the rider.

The spoke protector disc is required under federal safety standards, which the Taiwan manufacturer apparently forgot when it made the bike. Fortunately there are no reported injuries to date. to see if you have one of the recalled models, visit the U.S. Consumer Product Safety Commission website here.

If you have one of the recalled bikes stop using it immediately and return it to an authorized dealer for a free repair. Cannondale can be reached at 800.245.3872 if you have questions.

Ride safe and see you out there.