Bounce House Manufacturers Can be Liable for Injuries Caused by Use

You have likely seen a large inflatable castle in your neighborhood on a typical weekend. These inflatable bounce houses tend to be towards the top of the party essentials list for children. However, these products can be more dangerous than you would expect.

One of the major problems with bounce houses is that parents lack control over their children’s behavior while in a bounce house. Generally, bounce houses do not permit adults to enter, or are crowded with children. Children can receive injuries ranging from cuts and sprains to concussions and broken cones from rough play.

The number of bounce house related injuries has greatly increased over the past decades, from about 1,000 per year in 1995 to over 11,000 per year in 2010. Although only 3% of these injuries required hospitalization a large percentage of bounce house injuries require medical treatment. In some extreme cases children have died as a result of hitting their heads on hard surfaces. Most of those injured are very young; one third are five or younger.

Another issue with bounce houses is that they can easily collapse and can be moved by high winds. When bounce houses collapse children can be hurt by hitting the hard ground. When strong winds kick up bounce houses can be blown into dangerous locations.

Bounce houses are definitely a source of product liability for manufacturers. When a consumer is injured by using a product in the manner it was intended to be used the manufacturer can be liable for injuries. In some cases a manufacturer can be sued to recover the costs for medical bills, pain and suffering, and other damages arising from the use of a bounce house.

Source: Washington Times, American Scene: Injuries from Bounce House Soar Over Past 15 Years, Nov. 25, 2012.

Centers for Disease Control Warns of Detergent Packet Poisoning

The colorful bite-size package of laundry and dishwasher detergent pods bears an irresistible similarity to candy for many children. The problem of ingestion of detergent packets has become so widespread that the U.S. Cosumer Product Safety Commission (CPSC) and the Centers for Disease Control and Prevention (CDC) have issued warnings about the dangers of the packets. These agencies warn that children are mistaking the packets for candy or teething toys. CPSC reports at least 500 incidents of detergent poisoning. CDC has reported about 1000 incidents in a two month span from May to June alone.

The packets were first introduced to the U.S. market in 2010. The packets or pods are designed to be dropped into dish or laundry washers as convenient alternatives to having to measure and pour detergent every time the washer needs to be run. However children are enticed to consume the products due to the shiny plastic material which resembles candy.

When kids eat these detergent packets it can cause vomiting, respiratory problems, and other severe side effects. The effects of the detergent can require hospitalization. In some cases intubation, a very painful and invasive treatment is required to remove the detergent from the stomach.

Interestingly, the CDC report explains that detergent pods seem to cause more adverse side effects than ingestion of detergent alone. Perhaps this is because the number of cases of ingestion of detergent is much more common now due to the prevalence of the pods versus regular liquid or powder detergent, which would be much more difficult to ingest comparable amounts.

Link: CDC report on Laundry Detergent Pods

Monster Drink Company Sued for Teen’s Caffeine Induced Death

Monster Beverage Corp. is facing a wrongful death lawsuit that could cast a shadow over the drink company’s reputation, as well as the entire energy drink industry. In October 2012 the company was sued after a 14 year old girl, Anais Fournier, fell into cardiac arrest after drinking two 24-ounce Monster Energy Drinks.

A medical report showed that Fournier’s death was due to cardiac arrhythmia caused by caffeine toxicity that prevented her heart from properly pumping blood. Although, Fournier also had a heart disorder which may have contributed to the circumstances surrounding her death.

Monster has responded to these allegations saying that its drinks were not responsible for Anais Fournier’s death. The company further stated that it is not aware of any deaths related to the drink. However, since the lawsuit was filed the Food and Drug Administration has released information that Monster Energy Drinks may have been related to five other deaths in 2009. Since 2004 the drink has been associated with at least 18 other reports of hospitalization due to adverse side effects.

The dangers of Caffeine for young people are well documented. Caffeine has been associated with harmful effects on children’s neurologic and cardiac systems and can cause nervousness, headaches, difficulty sleeping, dehydration, vomiting, and worse. In 2011 the American Academy of Pediatrics said that energy drinks are never appropriate for teens or children.

Although the number of adverse side effects from other drink brands were not released in information released by the FDA, it is not likely that the contents of most other energy drinks on the market are much more or less safe for children than Monster drinks.

For more information on the lawsuit visit here.

Infant Car Seat Manufacturer Recalls 60,000 Hazardous Products

Car seat manufacturer Britax has voluntarily recalled 60,000 convertible car seats due to what it is citing as a choking hazard.

The car seats reportedly contain a chest pad on the seat that children can bite off and choke on. The product numbers for the recalled seats can be found here. Britax is also sending out replacement pads to registered car seat owners which will not tear off.

Hopefully no one was injured by this defective product. However, if you or someone you know was injured by a product like Britax or any other product you may be able to recover against them for damages in court.

In order to make a claim for product liability, you must show that you have been injured or suffered some kind of actual damage. You must also show that the product in the case was either defective or lacked proper warning or instructions. The defect or lack of warning must be shown to have been the actual cause of the injuries or damage. Additionally, you must prove that you were using the product in a way that the product was intended to be used.

However, all cases are different, and each case presents complicated facts. For example, deciding who to sue can be very fact intensive. Generally the manufacturer of a defective product can be sued. A retailer or distributor of the product is often sued alongside the manufacturer in product liability cases.

Our office handles personal injury and wrongful death litigation involving a wide variety of dangerous and defective products including:

1. Dangerous and defective consumer products
2. Dangerous and defective toys
3. Dangerous and defective household appliances
4. Product design flaws and defects
5. Product manufacturing flaws and defects
6. Inadequate instructions or warnings
7. Motor vehicles, car, truck and sport utility vehicle (SUV) product cases

Please do not hesitate to give us a call (480) 874-2918 if you have questions.