Florida Injury Lawyer Blog

Now that the holiday season is here, most homeowners can expect more traffic in front of their home. Guests and family may be arriving for festivities. Delivery personnel may be arriving with packages of gifts. Carollers may be present in some communities and in some cases charities send out door-to-door solicitors at this time of year.

While most of us are happy to open our homes to guests at this time of year, more visitors can mean less time and a greater risk of premises liability problems. With winter conditions and less time to spend cleaning up, your premises may pose a risk for slip and fall injuries, which can lead to bone fractures, head injuries, and other serious injuries. To protect your guests and to protect yourself as a homeowner, remember to:

1) Do a through sweep of the premises before the holidays begin. Are there broken gates or lights that pose a danger? Is there a leaking gutter that is causing a pool of water to form on a walkway? Identify possible dangers and have them fixed promptly. For things that cannot be fixed at once, be sure to pose a notice about the danger to alert any visitors to the problem.

2) Take extra precautions if you are going away for the holidays. Even if you are away, you may be responsible for keeping your outside areas safe. If a child wanders into your backyard due to a faulty gate, for example, and falls into your pool, you may be held liable, even if you are not at home at the time of the incident. If you are going away for the holidays, secure your home very well and hire someone to check in on your property periodically.

3) Hire outside help if you cannot keep up with maintenance work. If you cannot keep your outdoor areas clean and safe, it may be best to hire contractors to clear away water, debris, and other dangers periodically.

4) Keep your home well-lit at night. Poor lighting contributes to many slip and fall accidents. Install motion-detector lights or bright lights along walkways to help visitors reach your home safely.

A non-profit group, World Against Toys Causing Harm (WATCH), has released its annual list of toys that parents should be wary of. These toys are most likely to cause injuries to children and minors. The toys that made the 2008 worst list include:

1) Sportsman Shotgun. Groups allege that this toy looks too much like a real gun and should in fact not be retailed as a toy at all. Children can load rubber bullets into the gun’s magazine and shoot them out. Experts claim that this poses a risk for eye injuries and other injuries as well. Shots fired at close range can be painful and dangerous.

2) Go Go Minis Pullback Vehicle. This toy is essentially a mini truck. The back tires on the garbage truck, fire truck, and school bus models are removable, however, and the small tires, once removed, pose a choking hazard. There is a “choking hazard” warning message, but this warning appears on the box only, not on the trucks.

3) Inflatable Giga Ball. This toy is inflatable ball into which children are allowed to crawl. The package of the toy indicates that parental supervision is required and indicates that the toy should not be used in the water or on hills. However, the warning message on the toy itself has no warnings other than a “recommendation” for parental supervision. Experts claim that the toy poses impact and other serious injuries.

4) Animal Alley Purse Set. These animal plush toys are marketed for infants. The pony toy from this brand has a mane and tail that can easily be removed and can pose a choking risk or ingestion risk when it is removed. Neither the toy nor the packaging warns parents of this risk.

5) Spider-Man Adjustable Toy Skates. These toy skates are marketed for children between the ages of 3 and 6. The packaging of the toys recommends that children using the skates wear knee pads, helmets, wrist guards, as well as elbow pads while using the skates. However, the product only comes with knee and elbow pads. Experts suggest that the toy could cause serious injuries.

Continue reading "2008 “10 Worst Toys” Highlight Key Products Liability Issues" »

World Against Toys Causing Harm (WATCH), a non-profit corporation, held its annual conference last month to warn parents and gift-buyers of dangers in the toy industry. The group used the conference to call for more accountability in the toy industry and clearer labels to alert buyers to possible product dangers. WATCH also released its annual “10 Worst Toys” list and highlighted the 66 toy recalls this years, recalls with resulted in 7,890,000 units of toys being yanked from the shelves.

44% of toy-related fatalities are caused by choking, and the Consumer Product Safety Commission (CPSC) recalled at least 25 toys this year that pose this risk. In addition, 26 toy recalls this year were due to high levels of lead. According to WATCH, the multiple recalls and the poor labeling on many toys can be seen as an indication that some in the toy industry are putting profitability ahead of consumer safety.

WATCH points out that parents need to be aware of the fact that just because a toy has not been recalled, that does not necessarily guarantee that it is safe. Many unsafe toys remain on shelves, despite the efforts of the CPSC. These toys may pose strangulation risks, risks of puncture wounds, burn injury dangers, impact injury risks, and many other perils.

Each year, children are treated in emergency rooms or are killed due to unsafe toys. Legislation is being passed to help improve toy safety. In 2008, The Consumer Product Safety Improvement Act of 2008 was signed into law. The act gives the CPSC more power to regulate and stop those toy manufactures who distribute and create unsafe toys. However, much of the strictest legislation will not be passed until next year.

WATCH points out that the sheer scope of the toy industry may make it hard for the CPSC and other industry authorities to crack down on unsafe toys. The toy industry is a $30 billion a year industry, selling 3 billion toys in this country each year. Policing every manufacturer, importer, and retailer may simply require more resources than are currently in place. Additionally, as WATCH points out, some toys are sold through small dollar stores or through non-traditional means, such as eBay or used goods stores. Policing these retailers is much harder and the responsibility of these retailers is also sometimes more nebulous.

Therefore, WATCH recommends that parents do their own policing by checking each toy against official recalls. WATCH and other industry experts also suggest that parents carefully look over every toy their child receives to check for potential dangers.

After the multiple toy recalls of 2007, many parents believe that 2008 will be a safer year to buy toys. If the toys are bought at large toy retailers or from major toy manufacturers, parents are correct. Many large stores – including Walmart, Target, Toys"R"Us, and others – have begun testing the toys they sell independently, while large manufactures such as Mattel have instituted strict new rules to ensure that toys rolling out of the factories meet or exceed all safety guidelines.

Despite this good news, however, several sources – including the Consumers Union – report that product recalls are actually up this year. The Consumers Union claims that product recalls increased 19% in 2008, with two-thirds of the recalls affecting products for children. Nearly a quarter of the recalls involved lead.

According to the Consumers Union, the majority of products – 97% -- that were found to be unsafe were imported. 81% of the unsafe products were made in China. The Consumers Union reports that 3 million products recalled were sold at three dollar stores -- Dollar General, Dollar Tree Stores and Family Dollar.

The Consumers Union suggests that parents can keep their families safe by using caution when shopping at dollar stores. The organization also suggests that parents use extra precautions when buying used goods. According to the Consumers Union, parents should check all products they are considering purchasing and all existing products in their home
at www.recalls.gov to determine whether any of the products have been affected by recalls. Parents may be surprised to learn just how many products pose choking or burn injury risks.

The Consumers Union points out that most dangerous products are only found to be dangerous after they are purchased or are imported to stores. It is therefore the responsibility of parents to ensure that the toys they bring into their homes are safe. The Consumers Union is agitating to increase the responsibility of manufacturers, importers and retailers, but new legislation may take years.

A number of toy safety groups -- including World Against Toys Causing Harm (WATCH) are also good resources for parents. Most experts agree that a healthy dose of caution and some research are needed to prevent injuries against children and minors. Many parents are simply choosing to shop with major retailers to avoid perils and some parents are even asking gift-givers and family to bring unwrapped toys so that the toys can be checked before they are wrapped and placed under the tree.

Although the holidays are often a time of toy shopping and excited children hoping to get their favorite holiday items, it is also a time when parents worry. Toy recalls in recent years have meant that parents are more concerned about – and more aware of – lead paint, chemical burn injury risks, choking hazards, and other toy dangers. Experts claim that this year increased testing may mean that toys are somewhat safer. In 2007, the U.S. Consumer Product Safety Commission (CPSC) recalled 138 toys, a record. This year, toy recalls by mid-November were only at 74, representing a 46% decrease. As with last year, the majority of toy recalls this year involved lead levels.

In August of this year, new legislation was passed limiting the amount of lead on the surface of a toy to under 600 parts per million (ppm). By August 2009, the limit will be 90 ppm. In addition, internal lead in toys must not exceed 600 ppm by February 2009, and 300 ppm by summer 2009. This may mean that the 2009 holiday season will be even safer.

Major toy companies, worried by product liability problems stemming from last year’s recalls, have also increased their testing. Mattel has boosted its materials and factory inspections. Walmart, Target, Toys"R"Us, and other major toy retailers also testing all toy merchandise themselves for lead and small parts and as well as other hazards that may cause injuries to minors and children.

Despite the good news, the CPSC is warning parents not to let down their guard. Toys purchased second-hand or through independent online retailers (including eBay) may be recalled toys or older toys that do not meet current safety guidelines. Parents need to be extra cautious, since children sometimes receive toys from a variety of sources and it is not always possible to confirm where a gift-giver has purchased a toy. To be safe, parents are encouraged to screen all toys before children receive them. The CPSC Toy Hazard Recalls site lists all recalled toys and makes it relatively easy to find out which toys are considered unsafe.

The CPSC even urges caution for toys that are not on the recall lists. Even toys that have not been recalled can pose a danger, especially when age categories are not considered. A toy that is safe for a 6-year-old can prove dangerous for a 3-year-old. Check and follow manufacturer age recommendations. Once you have purchased a toy, get rid of the packaging and inspect the toy yourself, the CPSC recommends. Use a toilet paper roll to check to see whether parts pose a chocking hazard. Also, check for splinters, sharp edges, and loose bits. Any toys with these red flags should be brought back to the store.

HealthyToys.org also recommends that parents bring back plastic toys with a strong aroma. That smell is volatile chemicals, which are not necessarily safe. HealthyToys.org also recommends that parents pass on toys containing vinyl or PVC (polyvinyl chloride). A symbol with a recycling symbol and the number 3 inside it indicate the presence of these chemicals.

Although safety obviously comes first, experts also recommend that parents look for toys that engage their children and pique creativity and curiosity. Toys should not only be safe, but they should help children have fun and should help children develop and grow. Experts all agree that despite the many precautions, many manufacturers do make toys that are educational, fun, and safe. It simply may take a bit of research to uncover these products.

With the holidays approaching, holiday sales are at a peak. We are not only buying new products for loved ones and friends, but are receiving gifts ourselves. Some of us are even buying items as gifts for ourselves. All this hectic shopping can cause injuries if we are not careful. Each year, holiday gifts and holiday decorations cause personal injuries and lawsuits. While everyone has less time at this time of year, here are some simple precautions to take when giving and receiving gifts:

1) Do not assume that retailers and gift-givers are being cautious. Yes, retailers are required to remove recalled items from store shelves, but each year some recalled items continue to be sold, both online and in stores. Check with the Consumer Product Safety Commission about products you give and receive. Keep in mind, too, that some gift givers may have completed their gift shopping early this year and may not have checked to see whether any products they purchased have been recalled.

2) Exercise extra precaution when giving and getting toys. The 2008 holidays seem to be a safer season, with only about 74 toys recalled this year. However, new recalls will be emerging, so keep abreast of these notices in the media. Some toys that have been found to cause injuries to minors and children include the Rage Wireless Guitars for Nintendo’s Wii game system and Nerf Blasters.

3) Fill out warranty and registration cards right away for the gifts you receive. As you introduce plenty of new products into your home, it can be hard to keep track of all the recalls. Filling out the cards takes only minutes and allows manufacturers to contact you in the event of a recall.

4) Read the instructions. When you receive a new product or your child receives a new toy, read the user’s manual or instruction booklet. This documentation often has useful information about how the product should be used. Using products incorrectly can lead to personal injury.

5) Use extra caution with products bought used or bought through independent online sellers (such as eBay). When buying online or used products there is less assurance that recalled products are not part of the mix and it is the customer’s responsibility to ensure that products they buy are safe. Keep in mind that when you receive gifts you have no idea where a gift-giver purchased them, so do use caution.

At this time of year, many children are home from school more often and many families are planning for the holidays. The hectic schedule, increased presence of children and holiday trimmings can lead to plenty of personal injuries, experts claim. Among the biggest dangers:

1) Accidental poisonings. Holiday decorations can include poinsettias, mistletoe, and oils and products meant to smell like cranberries or gingerbread. These new items can prove to be very tempting for young children, especially when these products are scented. Pets can also be in danger of ingesting these potentially harmful products. Where possible, keep such items well out of reach and supervise children and pets closely.

2) Burn injuries. When families are busy and candles are left burning to bring holiday cheer to a home, fires can accidentally start. Children may also get to close to the flame. Additionally, fireplaces are often lit at this time of year, creating additional risks. Additional electrical use – in the form of outdoor decorations and indoor lights – can also pose fire hazards. Keeping candles and fireplaces monitored at all times can help prevent many fires and burn injuries. Checking the state of electrical wires and avoiding excessive electrical products in one outlet can help prevent electricity fires.

3) Accidental cuts and bruises. Broken holiday ornaments, sharp edges on toys and on decorations can cause cuts and other injuries. In households with children, it is a good idea to keep decorations high, away from children.

4) Injuries caused by defective products. Not all toys and products sold during the holiday season are safe to use. At this time of year, when most of us get several new items in our home, it is a good idea to remain alert to product recalls and to remove recalled products from the home at once.

5) Slip and fall injuries. Indoors, food preparation and some decorative items can cause spills. If these are not cleaned up right away, they can lead to slips and injuries. As guests visit our homes, it is also important to keep the driveways and walk-ways well-lit and clear of snow, water and ice.

A Florida woman, Rachel Jollimore, is suing Yamaha Motor Corporation in a case that will interest many ATV fans. At the heart of the suit is the safety of the Yamaha Rhino utility ATV. Jollimore alleges that her ATV rolled over and trapped her underneath while she was riding the vehicle. She claims that she was on relatively flat ground and was trying to make a simple turn when the accident happened.

Even though Jollimore alleges that she was traveling at a low speed, the vehicle flipped over and pinned Jollimore underneath it. As a result of the accident, Jollimore suffered a serious brain injury that requires a permanent stent in her brain that drains fluid to her stomach. There have already been a number of lawsuits filed about the Yamaha Rhino in Arizona and other states, leading Jollimore’s attorney to allege that the vehicle is unsafe and Yamaha realizes that there is a problem with its products.

The Yamaha Rhino is currently under investigation by the U.S. Consumer Product Safety Commission after a number of complaints of personal injuries and accidents. Last month, two young Mississippi girls were killed in a Yamaha Rhino after the vehicle rolled over. There are currently no statistics indicating just how many injuries and accidents may have been caused by the ATV. However, there are at least 200 product liability lawsuits related to the vehicle.

While some experts claim that all ATVs pose a danger for injuries and fatalities, some allege that the Yamaha Rhino is an especially dangerous example of the ATV. The Rhino was introduced in 2003 and the ATV was designed specifically to be narrow enough to fit into a pickup truck for transport. However, the height of the ATV, along with its narrow width, claim some experts, makes the ATV more likely than most to roll over and cause injury.

So far, Yamaha has not recalled the ATVs but models of the Rhino sold now include stickers that indicate that the ATV has the potential to roll over, even when it is on flat, open ground. One problem that attorneys may face when dealing with the Rhino lawsuits is that the vehicle is not subject to the same standards as most ATVs – even those standards themselves raise many questions.

Serious injuries caused by ATVs increased in 2007, for the eight year in a row. However, the Rhino is not even considered an ATV. Officials investigating the vehicle refer to it as a utility terrain vehicle (UTV) which means that even if Yamaha does not meet safety standards for an ATV that might not matter.

A University of Alabama at Birmingham research study into a Florida law found that a simple vision test may help reduce fatalities related to car accidents among older drivers. Researchers found that highway traffic fatalities among older Florida drivers decreased 17% after Florida passed legislation demanding that drivers 80 years and over get a vision test. In states such as Alabama and Georgia, where no such law was passed, death rates among elderly drivers remained the same.

As a result of the research, other states may soon also pass special screening requirements for elderly drivers, although other states may include other screening options in addition Currently, nine states as well as the District of Columbia require elderly drivers to pass regular vision tests. In addition, two states as well as the District of Columbia require older drivers to take a road test.

The study has raised some questions regarding accidents among the elderly. Some experts have suggested that elderly drivers in fact pose a smaller risk than other groups of drivers. Some experts suggested that elderly drivers tend to avoid risks, tend to be in accidents with low speeds, and tend to be hit rather than be the perpetrators driving into another vehicle.

Regardless of why car accidents among the elderly happen, they do occur and they do cause not only fatalities but also property damage, broken bones, spinal cord injury, burn injury, and brain injury, to name just a few problems. In addition, proponents of Florida’s law point out that even if a few accidents can be prevented through the law, the law makes sense.

Opponents to the law suggest that the law unfairly targets elderly drivers instead of focusing on bad drivers specifically. Some states are creating education programs in order to help seniors drive safely. These programs remind elderly drivers to ensure that they are comfortable behind the wheel and know their own limits.

Laws regarding driving change rapidly in Florida and across the country, so regular testing, advocates claim, will at least ensure that elderly drivers are aware of the latest road rules. There is no indication from the University of Alabama at Birmingham research study whether all drivers would benefit from vision tests. There is also no indication as to whether injuries and not just fatalities may be prevented by the tests.

Haunted houses, trick-or-treating, costumes, and pumpkin carving are some of the reasons children love Halloween. Unfortunately, these same activities cause many injuries each year. The American Academy of Orthopaedic Surgeons (AAOS) suggests that parents use these tips to keep children safe during various activities at this time of year:

1) Select costumes carefully. Poorly fitted costumes and masks can lead to visibility problems that mean slips and falls, head injuries, bone fractures, dislocations and other serious injuries. Well-fitted costumes and face paint (rather than masks) are usually the best option.

2) Select trick-or-treat routes carefully. Unfamiliar routes in the dark increase the odds of slipping and falling. If your children plan on visiting unfamiliar areas after dark, make sure that there is an adult supervising them and that there are plenty of flashlights on hand to light the way.

3) Carve pumpkins carefully. This common activity leads to serious skin injuries and even injuries to bones and tendons each year. Children should not be allowed to carve pumpkins. Adults should use specifically designed carving knives rather than kitchen knives, which can slip on the pumpkin skin and cause injury. Adults should always carve using small cuts, pushing the knife away from the body. Carving should only be done in a well-lit area and care should be taken to keep all areas and surfaces dry to prevent the knife from slipping. Buying a pre-carved pumpkin is a good idea to prevent injuries.

4) Review first aid before carving a pumpkin. If you do decide to carve your family’s pumpkin, review what to do in case of an injury. If you cut yourself while carving, elevate the wounded area above the heart and apply pressure to the area with a clean towel or cloth. If there is excessive bleeding or if after 15 minutes the bleeding has not slowed or stop, have someone take you to the emergency. If at any time you cannot move your fingers or you experience numbness in the area of the injury, visit your local emergency room.

5) Keep children visible to motorists. While most motorists are cautious on Halloween, children are often excited about candy and can run out in the road, which can lead to car accidents. Flashlights and reflective clothing can help prevent some accidents.

While many Florida parents worry about scary stories and bad candy that could hurt children at Halloween, experts agree that there are more frightening risks lurking at this time of year, and many of those risks have to do with children’s Halloween costumes. Among the risks that parents should be aware of:

1) Slip and fall accidents. On Halloween night, streets are dark and may be slippery with spilled candy, fallen leaves, and pieces of broken carved pumpkins. Costumes that obstruct a clear vision of the sidewalk can mean that children slip and slide. In addition, too-long costumes can cause tripping and falling.

2) Car accidents. Costumes should be easily visible and should have lights or reflective pieces so that cars can easily see children who are out trick or treating. There are many children’s flashlights and strobe lights that can add to a child’s costume and can keep the child safe on Halloween night.

3) Burn injuries. Parents should look for flame retardant costumes, since jack o' lanterns, candles and other spooky decorations do pose a fire risk for children at this time of year. Also, longer costumes that drag around or have dropping sleeves can pose a greater fire hazard, since children may not always be aware of where their costume ends. Trim up costumes to keep trick and treaters safe.

4) Wounds and other injuries. All swords and props should be made from flexible, softer materials, so that children do not accidentally harm one another in play.

5) Other possible injuries. In addition to accidents, parents do need to be aware that not every adult is being cautious around children at Halloween. Parents should always accompany children who are out trick or treating. Many communities have initiatives such as safe areas for Halloween celebrations and Halloween patrols to help parents.

The American Red Cross, the National Fire Protection Association, and Florida Fire Marshal Alex are warning Florida residents about the risks of using alternative forms of fuel. The move comes after a survey conducted in late September showed that Florida residents were concerned about rising fuel costs. In fact, many Florida residents surveyed planned to supplement their heating with stoves, ovens, portable space heaters and fireplaces to keep fuel costs low.

According to Sink, home fires already cause far too many fatalities and serious burn injuries as well as other forms of personal injury. Those residents considering using alternative sources of energy should proceed with caution, he notes. Stoves and ovens should be used for cooking only and families should be cautious and use space heaters with automatic shutoffs only to prevent fires. Anyone planning on using a fireplace to stay warm this winter should have that fireplace cleaned professionally and checked by a professional – items stuck in chimneys and build-up can cause fire.

Sink is worried that Florida residents hoping to use alternative forms of fuel are not careful enough with their heating options. According to the September survey, 36% of participants with fireplaces never cleaned or had their chimneys inspected. Another 23% of survey participants did not think it was vital that someone is home when the stove or oven are on or when food is cooking on the stove.

More than 23 700 Florida homes were affected by fire in 2007. More than 144 Florida residents died from fires last year. Another 592 suffered burn injuries and other personal injuries as a result of fire. To prevent such high numbers in 2008, Sink suggests that Florida residents:

*Install smoke detectors and ensure that those detectors are in working condition.
*Develop a fire escape plan that is familiar to everyone in the family.
*Avoid using extension cords with space heaters and portable heaters.
*Install a carbon monoxide detector if fireplaces or wood burning stoves will be used in the home.
*Turn out lights, turn off appliances and blow out candles before leaving the house and before retiring to bed.
*Monitor candles carefully the entire time they are lit, especially if children or pets are present.
*Keep a working fire extinguisher or two in the home.
*Contact the gas company to re-light the pilot light or to do any other furnace maintenance.
*Practice a fire escape plan regularly.
*Avoid placing space heaters in bedrooms, especially children’s bedrooms.
*Keep space heaters and alternate forms of heat at least three feet away from walls, curtains, furniture, and other flammables.