Product Liability

California Child Injury Lawyer on the Danger of Scooter Accidents

February 25, 2015 | Gregory J. Brod

There are few sounds as good for the soul as the noise of children at play. In a world where technology often keeps even young children glued to screens, it is especially heart-warming to hear kids engaged in active, outdoor play. It is important for kids to take part in physical activity, but it is also important for that activity to be safe. Scooters have been one of the most popular outdoor toys for many years, but they are also one of the most dangerous. In today’s blog entry, our Oakland child injury lawyer focuses on the danger of scooter injuries, injuries that often involve defective products, careless drivers, or other forms of adult negligence.

Trio of California Scooter Deaths in Late 2014 Late 2014 saw at least three fatal scooter accidents in California. On November 11, a 14 year-old high school freshman was riding his scooter near his home in San Leandro. According to the San Francisco Chronicle a driver heading south in a northbound lane swerved, ran a red light, and crashed into the high school freshman who later succumbed to his injuries at an area hospital. Only one day later, a 13 year-old boy was riding his scooter to school when he was struck by a car and killed in Riverside, a town about an hour west of Los Angeles. Witnesses said that driver had also run through a red light and ABC7 reported that the 44 year-old driver was taken into custody on charges of driving under the influence of prescription drugs. A third child was killed in a scooter accident on December 26 in San Bernardino County. News station KTLA reported that 12 year-old boy was playing with his new Razor-brand scooter, a Christmas gift, when he the into the path of an oncoming vehicle.

Study Blames Scooters for Increase in Toy-Related Accidents In December, USA Today reported on a study published in the journal Clinical Pediatrics that focused on the problem of toy-related accidents. The study suggests that “kick” scooters, like the foot-powered collapsible Razor scooters that have been widely popular since around 2000, were largely responsible for a 40% increase in toy-related injuries between 1990 and 2011. According to the Consumer Products Safety Commission, 52,500 children under age 15 were taken to the emergency room and one died as a result of injuries stemming from non-motorized scooter accidents in 2013 (Side note: It is unclear whether this number includes traffic accidents). The study authors and the CPSC urge parents to be sure children wear safety helmets when using scooters.

Northern California Product Injury Lawyer Examines Recall Linking Unexpected Braking to Ignition Panel Design

January 9, 2015 | Gregory J. Brod

Technology is great. Until, that is, it isn’t. Our days our filled with technological devices that we couldn’t have even dreamed of even a short 15 years ago when the year 2000 arrived. New devices and modern additions to older products have changed the way we live, often offering huge safety improvements. However, sometimes a new technology turns out to be dangerous. Product liability law protects consumers in these situations. In today’s entry, our Oakland California product liability attorney examines in-car technology that has proved more harmful than good and looks at the types of product liability claims available to those harmed by a consumer item in the Bay Area.

Ford Recalls Vehicles, Design Linked to Unexpected Vehicle Shut-off

On Tuesday, CNN reported on the recall of approximately 13,500 Lincoln MKC crossover vehicles. The vehicles have a push-button ignition and buttons also take the place of a traditional gear shift. In a dangerous twist, Ford found that drivers who intend to press “S” to put the vehicle in sport mode sometimes hit the nearby start-stop button instead, causing the vehicle to shut down. Similarly, one car owner told federal regulators that his passenger was reaching for the radio but accidentally pressed the ignition switch button causing the vehicle to come to a sudden stop much as it would if a driver slammed on the brakes.

California Dangerous Products Attorney Examines the Electronic Cigarettes Trend

January 6, 2015 | Gregory J. Brod

Each year, Oxford Dictionaries picks a “Word of the Year,” a term of that a group of experts finds reflects the mood or the preoccupations of the year and has “lasting potential as a word cultural significance.” Having discussed the unique issues posed by electronic cigarettes (“e-cigarettes”) on this blog, our San Francisco product liability attorney is not surprised to hear this year’s term is “vape.” The term, an abbreviation for vapor or vaporize, refers to inhaling and exhaling the fumes produced by an electronic cigarette or related device. E-cigarettes are battery operated devices that produce a vapor from liquid nicotine. With the rise in popularity, cities, states, and the federal government are all considering whether and how to regulate the devices. At the same time, researchers are examining the safety of vaping and its health impact.

Regulation Questions Loom as E-Cigarette Use Skyrockets

The San Francisco Chronicle reports that e-cigarette use has surpassed traditional smoking among teens in the United States. The popularity has both federal and state authorities considering whether and how to regulate the devices as health experts examine a range of issues including whether e-cigarettes help smokers quit or serve as something of a gateway into traditional smoking. The San Francisco Department of Public Health campaign is kicking off a campaign this week aimed at public awareness, with messages calling the devices harmful and referring to flavored versions as a way to hook young people on nicotine. Most health professionals say the devices expose users to fewer hazardous chemicals than regular cigarettes but the verdict is not yet in as to the overall impact on a user’s health. Sales are expected to grow 24% each year through 2018 and some analysts believe they will surpass traditional cigarettes for all users within a decade.

Toy-Related Injuries in the Holiday Season

December 24, 2014 | Gregory J. Brod

Holidays such as Christmas and Chanukah are about many things — religious beliefs, longstanding traditions, family, and friends, to name a few. For kids, no matter how hard adults try to teach otherwise, these holidays are often about one thing – presents! As parents, aunts, uncles, and dear friends, we find there are few pleasures as sweet as watching a child’s joy when s/he opens just the right gift. The right toy can brighten a child’s entire face. And the wrong toy…to our Northern California child injury law firm the wrong toy is not the one that doesn’t match the child’s list but rather the one that results in a toy-related injury, a problem that is far too common this time of year.

40% Rise in Toy-Related Injuries Between 1990 and 2011

Earlier this month, CNN reported on a study in the journal Clinical Pediatrics abstract that found toy-related injuries increased 40% in the U.S. between 1990 and 2011. There were over 3 million kids treated in emergency rooms for toy-related injuries throughout the time span with the rate of injury rising from 18.88 per 10,000 children in 1990 to 26.42 in 2011. Dr. Gary Smith, lead researcher and Director of the Center for Injury Research and Policy at Nationwide Children’s Hospital, suggests these numbers underestimate the problem of toy injuries. The study included hospital emergency room visits but not injuries treated in urgent care centers and doctors offices in addition to those who did not seek treatment. The study also left out toy-related deaths.

Holiday Decorating Safety

December 23, 2014 | Gregory J. Brod

It is a season of magic and happiness. It is a time for family. It is a time for memories, recalling holidays past and making memories to last a lifetime (or even longer as stories are told to the next generation). It is a special time, whether you celebrate Christmas, Hanukah, Winter Solstice, or simply enjoy a cup of hot cocoa. Sadly, the same decorations that help make the season special can turn a happy scene into a tragic one. In this post, we look at the risk of holiday decorating injuries with the goal of helping readers stay safe this holiday season and ensuring your memories are of family and friends not paramedics and emergency room personnel (though we cannot thank these everyday heroes enough for their work, especially when they sacrifice time with their families to protect all of ours).

Holiday Decorating Injuries on the Rise

According to the U.S. Consumer Product Safety Commission (“CPSC”), between November and December 2012 approximately 15,000 people ended up in the emergency room because of injuries linked to holiday decorations. The number has steadily increased since 2009 when the figure was 12,000. Put another way, there are currently somewhere around 250 injuries each day during the holiday season with falls, lacerations and back strains topping the list. Another holiday danger is fire with 200 fires per year between 2009 and 2011 originating with the Christmas tree, incidents that left 10 people dead, 20 injured, and caused $16 million in property damage. Candles were another common fire culprit, leading to 70 deaths, 680 injuries, and claiming $308 million in property from 2009 to 2011.

Child Injury Lawyer Watching Federal Investigation Into Defective Child Safety Seats

December 3, 2014 | Gregory J. Brod

Earlier this year, our San Francisco child injury attorney highlighted a recall that at the time involved some 1.3 million car seats , a number that has since ballooned to include an unprecedented 6.1 million seats. This week, the story became even more disturbing as an investigation opened into allegations that the company knowingly delayed alerting authorities to the potentially defective child safety seats.

Federal Agency Looks At Whether Company Delayed Reporting Child Seat Defect

According to The New York Times, federal safety regulators opened an investigation this week into Graco Children’s Products focusing on whether the company delayed reporting a safety defect that became the subject of the nation’s largest child car seat recall. Earlier this year, Graco recalled approximately 6.1 million child safety seats because of concerns that the buckles may become difficult to unlatch and hinder the ability to remove a child during an emergency. Graco had resisted the recall, asserting that the seats were safe and claiming any problems were the result of food or liquids being spilled on the buckles rather than a safety defect. The National Highway Traffic Safety Administration (“NHTSA”) disagreed.

A Warning About the Danger of Falling Furniture from Our California Child Injury Law Office

November 28, 2014 | Gregory J. Brod

Throughout the year and especially in the holiday season, there is little we are more thankful for than family. As parents, aunts, uncles, grandparents, and family of the heart, the team at the Brod Law Firm knows that protecting our youngest loved ones is one of our greatest duties and greatest honors. We are proud to serve as an Oakland child injury law firm and we are also dedicated to preventing accidents that hurt young children. One danger that often goes unnoticed until it is too late is improperly mounted and/or unsecured furniture, a danger illustrated in a recent accident at an area preschool and one that everyone who loves a child should know about.

Two Children Injured By Falling Cabinet at Fremont Preschool

This week’s Oakland Tribune reported on an accident that left two youngsters injured at a Fremont preschool. According to police, an improperly-mounted large wall cabinet fell onto two children while they were napping at an unnamed preschool located near Warren Avenue and Warm Springs Boulevard. Fire officials and police responded and found one child, a 3 year-old female, unresponsive. She was taken by helicopter to a children’s trauma center with critical injuries. As of Monday, her status had improved but she remained in the hospital. A second child incurred minor injuries.

CA Vehicle Defect Attorney on Dealers Selling Used Cars Without Repair or Notice to Purchaser of Recall

November 19, 2014 | Gregory J. Brod

It seems like almost every week we hear about a new auto recall, many involving defects that could cause serious injuries or even lead to fatalities if necessary repairs are not made. When a recall is announced, those who own the subject vehicles often receive a notice in the mail about the recall. In other cases, the owners simply hear about the recall through the media, their ears perking up when their make/model/year is involved. What if, however, you purchase a used vehicle that was involved in a recall but never repaired? It is unlikely you’d remember every recall, especially a recall on a vehicle you didn’t own yet at the time it was announced. Our Northern California vehicle defect lawyer hopes that the car dealer would warn the buyer of any outstanding recalls, but a recent report suggests this may not always be the case.

Used Cars, Auto Recalls, and California Law

ABC7 recently spoke with a Fresno man who purchased a Dodge Ram from a used car lot. After owning it for fewer than 125 days, he was driving on Highway 41 when the drive shaft separated from the vehicle’s rear axle. The incident could have killed the new owner and bystanders.

Cigarette Fires & Civil Liability

November 18, 2014 | Gregory J. Brod

For many years now, both scientists and lay people have known that smoking is not only dangerous, smoking kills. Smoking, according to the Centers for Disease Control (“CDC”), damages almost every organ in the body and holds the dubious distinction of being the top cause of preventable death in our country. Our Oakland fire injury lawyer notes that in addition to the health danger to smokers and bystanders, cigarettes and other lit products carry a fire risk that can cause additional injuries and fatalities. Cigarette fires are particularly tragic because they are wholly avoidable.

Hayward Home Fire Blamed on Cigarette

Instead of enjoying a leisurely Sunday morning, people on the 25600 block of Soto Road were jolted awake by fire alarms that sounded around 7:15 AM. As The Oakland Tribune reported, the fire began in one bedroom of the two-story home and spread to another bedroom, destroying both rooms. However, firefighters were able to limit the damage to the upstairs. While all three people living in the home were displaced, they did escape. Two cats perished in the fire and two others ran away.

California Product Liability Lawyer Concerned by Danger Detergent Pods Pose to Young Children

November 14, 2014 | Gregory J. Brod

It is an unfortunate reality that there are some topics we expect to discuss repeatedly on this blog. While we wish drunk driving accidents, motorcycle crashes, and dog bites were one-time affairs, that a lesson was learned and a fact-pattern never reoccurred, but we know that isn’t the case. We will continue to write about these incidents in the hopes of preventing them, in order to educate those harmed about their legal rights, and to let the injured know we are here to help. There are also topics we sincerely believe won’t make headlines more than once. While the general topic of product-related injuries is one we know will recur, our San Francisco product liability law office never expected that more than two years later we’d be revisiting the risk of children ingesting detergent pods.

17,000+ Young Children Poisoned by Detergent Pods

Earlier this week, CNN reported on the continuing problem of children ingesting single-use detergent packets. Young children appear to mistake the colorful pods for candy. Researchers with the journal Pediatrics found that 17,230 children under age six were accidentally poisoned by the pods between March 2012 and April 2013. Those numbers that work out to almost one child poisoned per hour and 7.5% of the children suffered a “moderate or major medical outcome” with 4.4% requiring hospitalization. Ingesting the detergent pods can cause immediate respiratory distress and violent vomiting and exposure to the eye can cause severe irritation and a temporary vision loss.