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February 4, 2021

Appellate Highlights

Appellate Highlights Caveat – Any of the Court of Appeals cases listed may currently be on review pending reconsideration. Dinsmoor v. City of Phoenix and Deer Valley USD 1 CA-CV 19-0045 (6/30/20) A high school student shot and killed his classmate and then himself off campus. The classmate had previously reported threats to the school […]

 

 
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Note: All fields are required.

 I have read and understand the Disclaimer

from our blog


Appellate Highlights

Appellate Highlights Caveat – Any of the Court of Appeals cases listed may currently be on review pending reconsideration. Dinsmoor v. City of Phoenix and Deer Valley USD 1 CA-CV 19-0045 (6/30/20) A high school student shot and killed his classmate and then himself off campus. The classmate had previously reported threats to the school […]

 

 

Bounce House Injuries Becoming Increasingly Common

Bounce houses are a seemingly normal part of childhood. I imagine most adults nowadays have played in them at least a few times. They’re soft, light, and filled with air, so nothing should be able to go wrong with them.

Unfortunately as has been seen on several recent news stories, they can be very dangerous under certain circumstances. While a properly-grounded bounce house is fairly hard to seriously injure oneself on, one that is not rooted strongly enough can be picked up by a strong gust and launched into the air.

Such a thing happened just last month when 2 young boys were inside a bounce house that got blown up into the air, and they ended up falling from about 15 feet high. Luckily both boys suffered only minor injuries, but if the gust were strong enough, it could have been 40 feet high instead.

The truth behind bounce houses is even a little darker than that would suggest, as well. According to emergency room reports, bounce house injuries are very common, and are actually getting increasingly frequent.

Safety experts have been performing studies on bounce houses, and have found that the rate of injuries has increased by 1500% when comparing 2010’s data with 1995’s.

The reason these injuries are becoming more frequent is that not only are bounce houses more popular than they used to be, but they are often DIY kits sold at toy stores, and parents are simply not anchoring them properly.

Over 11,000 children are injured every year in bounce houses in the US alone. 20 states have adopted mandatory operation requirements regarding how deeply mounting stakes must be driven and how many attendants there must be at all times.

It is only a matter of time before the other 30 states adopt similar regulations.

Can Shopping Carts Be Safe?

Walking through a grocery store, one of the most common things you’ll see is a young child sitting in a shopping cart’s safety seat, being guided around by a parent. While many millions of dollars have gone into designing shopping carts to be safe for children, the truth is that they can still be dangerous if not handled properly.

The Consumer Products Safety Commission (CPSC) reports that there are over 16,000 cases where a child under the age of 5 falls from a shopping cart every year, and such falls are the leading cause of head injury among children. In addition, the CPSC states that up to 5% of those injuries are caused by infant carriers that were improperly stacked on top of a cart.

While many movies and TV shows will paint the idyllic picture of a shopping trip where a mother and child are able to meander through the store as they please, smiles on their faces the entire time, the truth of most shopping trips with children is much more stressful. Getting children ready to leave the house, into the car, keeping them happy in the car, unpacking them and loading them into the cart, and then securely fastening them is likely to at least double the amount of time a solo shopping trip would take. It is simply the case that many parents are in such a rush that they are more likely to take risks.

There are a few quick and simple steps you can take to ensure that your child is as safe as possible, however:

  • Never put an infant carrier on top of a cart. They may look like they can fit, but they are not designed that way. Carrier manufacturers will even go out of their way sometimes to specifically warn against such usage. There are certain cart systems out there that are designed to work in such ways, but unless you are absolutely and completely 100% sure your system is designed that way, do not place the carrier on top of the cart.
  • Use the buddy system. Shopping trips are much safer, easier, and less stressful when you have someone else on hand to watch for and attend to the baby. Older siblings often work just as well as adults in this capacity as well.
  • ALWAYS use safety harnesses. If an accidental cart collision should happen in-store, the seatbelt is specifically designed to keep your child from falling or flying out.
  • Don’t forget to take advantage of stores’ comments boxes. Retailers are continually looking for ways to improve shopping experiences, so if you let it be known that you would like to see more carts with infant carrier docks, they are infinitely more likely to make the changes. Plus, every other young parent will be singing your praises.

It goes without saying that bringing children along on shopping trips means they take more time, and much more careful attention, but with a small added effort, you can ensure that everyone who goes along is as safe as possible, and no undue injuries befall your child.

Angelcare Baby Monitors Recalled

A baby monitor, also known as a baby alarm, is a radio system used to remotely listen to sounds of an infant or child.  The monitor, which is equipped with a microphone, is placed near the child and then transmits the sounds to a receiver unit with a speaker which is placed near the parent or other person caring for the child or infant.  Monitors are used to allow a child’s caregiver to go about their daily activities and still be alerted to the child’s movements and sounds.

Although baby monitors are used to give caregivers peace of mind and a feeling of safety, there are times when a poorly designed product can actually be dangerous for the child they are trying to protect.

Last week,  a baby monitor, the Angelcare Movement and Sound Monitors with Sensor Pads, has been recalled  by the company after the death of two infants due to strangulation.  Angelcare Monitors Inc., is voluntarily recalling 600,000 monitors following the deaths of the two infants.

The U.S. Consumer Product Safety Commission said on Thursday that the cord attached to the monitor’s sensor pad is placed under the crib mattress and can become a hazard if the child pulls the cord into the crib.

Two children, a 13-month-old girl from San Diego in November, 2011, and an 8-month-old girl from Salem, Oregon, in August of 2004 , died by strangulation after pulling the cord into their cribs.  Two more children were injured when they became entangled with the cords, as well.

The recalled products were sold between 1999 and 2013 at a number of U.S. retailers.  Consumers are told to stop using the product immediately and contact the company for a repair kit.  The repair kit includes rigid protective cord covers through which the sensor pad cords can be threaded, a permanent warning label and revised instructions.

The CPSC was asked why so many years had lapsed between the recall and the infant’s deaths.  The Director of Communications said in a telephone interview that “the agency acted as quickly as it could.”

According to the CPSC, there have been eight reports of strangulation by baby monitor cords since 2002.

ATV Recall by Yamaha

A recall has been issued by Yamaha for the company’s 2012 Big Bear 400 ATV.  According to the recall, the front shock absorber can break apart and cause the driver to lose control of the vehicle, which of course poses a crash hazard.  The recalled vehicles were sold from August 2012 to May 2013, and have the words Yamaha Big Bear on both sides of the ATV and the fuel tank.

Those who own the recalled ATV should immediately stop using the vehicle and contact their local Yamaha dealer to schedule a free repair.

Riding ATV’s (All Terrain Vehicles) is a popular activity for many families in Arizona when they are camping or just out enjoying nature.  Although riding these vehicles can be a fun family activity, it can also be a dangerous one.

The Arizona Department of Health Services reports that ATV injuries are increasing in the state, especially for those riders under the age of seventeen.  Between 2003 and 2008, the rate of deaths from ATV accidents increased dramatically.  In the year 2007 alone, 1,223 children in the state were either seen in the emergency room or hospitalized for non-fatal ATV injuries.  Tragically nine children, six of whom were not wearing helmets, died from the injuries sustained in ATV accidents.

There are those in the medical field, such as the American Academy of Orthopedic Surgeons, who suggest no one under the age of sixteen should be riding an ATV.  Phoenix Children’s Hospital suggests that parents need to gauge whether their child has “developed proper decision-making skills, eye-hand coordination, and strength” before allowing them to operate an ATV.

When a child is allowed to ride an ATV, ensure these safety tips are followed:

  • Always wear a helmet, protective eyewear and clothing.
  • Always be supervised by an adult.
  • Do not ride on paved roads, only off-road.
  • Always ride on a child-sized ATV.
  • Do not ride double on an ATV.

It is advisable for everyone who plans to ride ATVs to take a safety course through either the Arizona State Parks or the ATV Safety Institute.

ATV accidents can lead to devastating injuries that require extensive medical care and rehabilitation, as well as permanent injury and death. It is important when injured in an ATV accident to seek counsel from an experienced Arizona personal injury attorney immediately to protect your legal rights.  A knowledgeable lawyer will answer your questions and give you the personal, aggressive representation you deserve.

Original story found here.

Kolcraft Stroller Recall

You are enjoying a beautiful day at your neighborhood park pushing your toddler around in the stroller, enjoying the warm sunshine when suddenly without warning, a piece of the stroller becomes a projectile and lacerates your leg.  Sound too far-fetched to be true?  Unfortunately, this scenario is real.

The U.S. Consumer Products Safety Commission (CPSC) announced that certain strollers manufactured by Kolcraft have been recalled due to a projectile hazard.  According to recall information, the inner tube of one of the tires on the stroller can rupture, which then causes the wheel rim to fracture and fly off as a projectile, thus posing the risk of both bodily harm and property damage.

Kolcraft has issued a voluntary recall for the three-wheeled strollers.  The recall is for Jeep Liberty branded strollers manufactured between June 2010 and September 2011, with model numbers JL031 through JL036.  Owners of Kolcraft strollers can find the model number and date of manufacture on a white tag on the rear upper center of each seatback pad.

According to CPSC online, each stroller has “Jeep” printed on the side of the stroller as well as on the front of the stroller tray, and also has a plastic red toy steering wheel, ignition key and orange shift lever mounted on a yellow base attached to the stroller tray.  The strollers were manufactured in several different color fabric combinations.

Consumers have reported to the manufacturer and CPSC 39 incidents of inner tube ruptures which caused the wheel rim to fracture and fly off as a projectile.  Sixteen adults and two children were injured by wheel rim projectiles when inner tubes ruptured.  Injuries received included lacerations and abrasions to the chin, leg, arm, stomach, head and face, and two reports of property damage.

Fourteen of the incidents occurred while the adult caregiver was filling the tire with air.  Kolcraft warns consumers to only use a manual bicycle pump, not a gas station air pump, to inflate stroller tires to a maximum of 30 psi.

Approximately 96,000 of the recalled strollers were sold in the U.S. and Canada at Burlington Coat Factory, Sears, ToysRUs, online and at other independent stores during the recall period.

Kolcraft and CPSC warns consumers to immediately stop using the strollers and contact Kolcraft to receive free replacement wheels.  Consumers can contact Kolcraft at the company’s toll free line or at their website online for more information.

Original story found here.

Consumer Product Safety Commission and Nap Nanny Manufacturer Settle Litigation

Baby Matters LLC, the company that manufactures Nap Nanny and Nap Nanny Chill, has agreed to recall all models of the infant recliners and covers as part of the settlement of a case filed by the Consumer Product Safety Commission (CPSC)  in December 2012.

CPSC had received at least ninety-two incident reports involving Nap Nanny and Nap Nanny Chill products since 2009.  The commission reported it knew of four infants who died in Nap Nanny Generation Two recliners and a fifth child who died in Nap Nanny Chill.  According to CPSC, the ninety-two incidents reported involved infants hanging or falling over the side of the products, and included some infants who were restrained in the product’s harness when the incidents occurred.

When CPSC first initiated the lawsuit, Baby Matters claimed the use of their product as directed was safe, and believe that parents created the risk for their infants by not following instructions and warnings by either placing the Nap Nanny product on a table or crib, or by failing to correctly strap in their child.

Between the years 2009 and 2012, approximately 165,000 Nap Nanny and Nap Nanny Chill products were sold through children’s retail stores nationwide and online, as well.  Consumers who purchased a Nap Nanny from Amazon.com, Buy Buy Baby, Diaper.com, and Toys R Us/Babies R Us, should contact the retailer for instructions on how to obtain a refund.  Unfortunately for those retailers who purchased Nap Nanny from other retailers, Baby Matters LLC is no longer in business and is not accepting returns.

Although Baby Matters disputed CPSC’s allegations that the Nap Nanny and Chill products create a substantial product hazard by having a design defect and inadequate warnings, the company agreed to the recall to end CPSC’s lawsuit against the firm.

Original story found here.

Nursery Product Injuries

When parents place their children in their cribs, or playpens they expect them to be safe. However, the U.S. Consumer Product Safety Commission (CPSC) says that many children are injured by defective nursery products like cribs, bassinets, and playpens.

According to the CPSC in 2011 74,100 children under the age of 5 were treated in an emergency room for injuries received as a result of defective nursery products. The leading causes of these injuries were from falls, which resulted in head injuries. Cribs and mattresses were the types of products responsible for the most injuries, resulting in 43 percent of injuries. However, a significant portion of the injuries were also caused by cradles, playpens, car seats, and baby baths.

Perhaps most shocking is that from, 2007 to 2009 341 infants were reported to be killed from these products.   The majority of these deaths were caused by extra bedding placed in the child’s sleeping area which caused suffocation or asphyxiation. Many of the other injuries were as a result of hazardous crib surroundings such as entrapments between mattresses, cushions, cords, and strings. Unfortunately many of these incidents were caused by defective assembly and repair or defective components; meaning that they could have been prevented with better warning or better manufacturing of products.

Manufacturers of consumer products have a duty to ensure that their products do not place consumers in unforeseen harm when used normally. Manufacturers, retailers, and distributors all may be liable for resulting injuries caused by defective products, including when products that do not contain sufficient warnings.

Study Shows Danger of Amusement Rides to Children

As summer quickly approaches, seasonal fairs and amusement parks increase in popularity. However, before taking your children to these rides, first educate yourself on the risks. About 4,423 children under the age of 18 are injured each year from amusement rides and more than 70% of the injuries occur from May to September. These statistics were released earlier this week from a study by the Research Institute at Nationwide Children’s Hospital, which reviewed the risks of amusement rides to children.

The study, released in Clinical Pediatrics, reviewed where injuries were most common. Soft tissue injuries accounted for about 29% of amusement ride injuries and 28% of injuries involved the head and neck area. Most injuries are sustained due to falls or by hitting a body part against or on a ride. One third of injuries happen on rides in fixed locations such as amusement parks but carnival type and mall rides closely followed.

Mall rides had the most predictable type of injury. Most children injured on mall rides involve falls while getting on or off of the ride sustaining head and neck injuries. One child is treated in the emergency room every day from injuries sustained in a ride located at a shopping mall, restaurant, or arcade. Many of these injuries occur because the rides are often placed over a hard floor and lack proper safety barriers.

Some pointers for improving safety when enjoying amusement rides include following posted restrictions on factors such as height and weight; and following other safety instructions. Avoiding mall rides that are not on padded surfaces or that lack restraint equipment is also a good idea.

Source: New study examines injuries to children related to amusement rides, News Medical, (May 2, 2013).

New Safety Rules Take Effect for Play Yards

On February 28, new federal safety standards go into effect for infant and toddler play yards.  A play yard is a framed enclosure with a floor and sides of either mesh or fabric. A product that usually can be folded for easier storage and travel.

Manufacturers and importers of infant and toddler play yards will be required to meet these new federal safety standards:

  • To prevent a child from strangling, side rails must not form a sharp V when the play yard is folded.
  • The play yard must have stronger corner brackets to prevent sharp-edged cracks and to also prevent a side-rail collapse.
  • All play yards must now have sturdier mattress attachments to the play yard floor to prevent children from getting trapped or hurt.

The Consumer Product Safety Commission (CPSC) has passed these new safety standards as part of the Danny Keysar Child Product Safety Notification Act, better known as “Danny’s Law.”  In Chicago in 1998, Danny Keysar died when a previously recalled play yard collapsed while he was napping, suffocating him.  CPSC passed these new standards to honor Danny and his family.

CPSC advises parents and caregivers who use a play yard for their toddler or infant to keep it bare of items because pillows, stuffed animals, or thick blankets can cause the suffocation deaths of infants.

When using a play yard for your infant or toddler, make sure you set it up properly according to the manufacturers’ directions. Only use the mattress pad provided with the play yard. Do not add extra padding.

And one more very important piece of advice from the CPSC, never place a play yard near a window with blinds, curtain cords, or baby monitor cords, because babies can strangle on cords.

Original article found here.

Cold Medicine Recalled for Threat to Children

In the midst of flu season it is important to remember to keep cough medication safely stored. Last month the company that manufactures Triaminic and Theraflu recalled 2.3 million bottles of cough and cold medicine after four children ingested the syrup by themselves.

The child-resistant caps on the products malfunctioned, allowing children to remove the bottle tops according to the Consumer Product Safety Commission (CPSC). CPSC reports that 8 children actually opened the caps of the aforementioned products, although only 4 children actually ingested the medication, of those 4 children 1 required medical attention.

In response Novartis Consumer Health Inc. recalled six kinds of Theraflu and 18 kinds of Triaminic products with defective child-resistant caps.

The threat posed by the accidental ingestion of these cold medicines is high. The syrups all contain acetaminophen, a fever reducer that can lead to liver injury and even liver failure when consumed in high enough amounts. Some of the recalled products also contained diphenhydramine, an antihistamine which can lead to cardiac arrhythmias or seizures if too much is ingested. The effects of the drugs will depend on the weight of a child.

Children are often attracted to cold medicine because of the sweet cherry and grape flavors. Most of the incidents leading to the recall occurred because parents left bottles on the counter or let children see where the medicine was stored.

Child proof caps have been standard requirements for cold and cough medicine in the U.S. market since the 1970s after the U.S. Poison Prevention Packaging Act was passed. However, child resistant caps are not perfect. According the American Association of Poison Control Centers in 2011 40,000 U.S. children under the age of 5 experienced acetaminophen poisoning.

You can learn more about the recall on Novartis’ website

  • 10.0Shane L Harward

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