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Category Archives: Product Liability

Illinois child injury attorneysNo parent ever expects that a product or toy they purchase could injure or kill the child for which it is intended. Yet, every year, there are between 400 and 450 recalls of products in the interest of safety. In 2017, there were 251,700 injuries related to toys alone, as reported by emergency rooms to the U.S. Consumer Product Safety Commission. Kids getting minor injuries related to playtime is unavoidable, but the negligence of a company and serious injury or death can be avoided.

How Do Recalls Work?

When a faulty product is discovered, it is the company’s job to report the defect to the government. You may recall seeing flyers around your regular retailer's about recalls. When a product is recalled, it is completely up to the consumer to follow through with reaching out to the company. Recalls are also listed on the U.S. Consumer Product Safety Commission website, where company contact information and remedies to the defect are also available. If a consumer ignores or is unaware of a recall, he or she is potentially putting themselves or loved ones in danger.

A recall can happen to may different kinds of products, but here are a couple of popular recalls regarding products for children:

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Aurora child injury lawyersAfter bringing a child into the world, you do your best to provide a safe environment for them to grow up in. You may put locks on cupboards, and a gate in front of the basement stairs, but what happens when a product you purchase puts your infant in harm's way? Poor design or a manufacturing flaw in a product can result in injury or death to your child. Common injuries involved in a products liability suit may include:

  • Choking,
  • Burns,
  • Amputation,
  • Lacerations, and
  • Strangulation.

Defective Baby Products Can Cause Death or Injury to an Infant

Something seemingly safe for your child may result in death or injury. Here are some examples of products for infants that are seen as hazards, or have been recalled due to bodily harm to a child.

Baby Slings - A benefit of baby slings are that they create a close bond between the wearer and child. It acts as a pouch and allows the wearer to carry the baby, hands-free. Yet, after an estimated 14 deaths occurred because of suffocation, the Consumer Product Safety Commission issued a warning in 2010 that baby slings should not be used with newborns and infants under four months old. In the scenario that the sling covers the nose and mouth of a child, infants this young do not have the neck muscle development to move away.

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Kane County food poisoning injury attorneyA public health alert has been issued by the U.S. Department of Agriculture’s Food Safety and Inspection Service (FSIS) for products containing whey powder that might be contaminated with salmonella. The whey powder, which is a FDA-regulated product, has been recalled by the manufacturer, Associated Milk Producers, Inc. So far, four different food products have been recalled due to the salmonella concerns, and illnesses caused by these contaminated foods could bring about product liability lawsuits.

Whey Powder Usage

It is not uncommon for foods to contain whey powder. Whey is a milk by-product that is often used in powder form for its convenience. Whey powder is typically used to modify texture, thicken foods, and enhance the solubility and transportability of foods. Often, it is used in foods that have relatively long shelf lives, though that is one of the reasons the salmonella contamination is occurring in dry foods--salmonella has the ability to survive in dry environments. 

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Kane County product liability lawyerIt seems as if every day we are hearing about another product that has been recalled due to the safety of the product and the person using it. When it comes to products manufactured for children, safety regulations are a bit more extensive, because babies and children cannot decide for themselves what products they use. According to Kids in Danger, a children’s safety organization, there were 93 children’s product recalls in 2017, a 22 percent increase from 2016. Though parents want the best and safest products for their children, they are often unaware of the dangers certain defective products can pose.

The U.S. Consumer Product Safety Commission is the governing body that oversees product safety and recalls. Safety standards are measures created and put in place to ensure that products are safe and pose no hazards to consumers when used properly. Recently, new changes to safety standards were approved for four types of infant products:

1. Infant Sling Carriers

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Aurora product liability lawyer injury to childrenThe Food and Drug Administration (FDA) published a warning on May 23 that over-the-counter teething products containing benzocaine can cause harmful and potentially deadly side effects when used on children, especially those under two years of age. Benzocaine can be found in products such as Baby Orajel, which is commonly used on infants to soothe the pain of teething. If your child has been injured after using one of these types of products, it is important to understand your options for pursuing compensation through a product liability lawsuit.

Benzocaine Can Be Deadly to Children

The statement that the FDA published said that the use of benzocaine in products used on infants poses a serious risk to their health. Benzocaine can cause methemoglobinemia, a condition that causes dangerously low oxygen levels in the bloodstream. Symptoms of methemoglobinemia usually appear anywhere between 20 and 60 minutes after being given benzocaine and can include:

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