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Product Liability

12,000 Disney Fairy Tricycles Recalled Due to Laceration Hazards

The U.S. Consumer Product Safety Commission (CPSC) has just issued a recall on Disney Fairies Plastic Racing Trikes manufactured by Kiddieland Toys Ltd. The recall effects around 12,000 of the Disney-branded tricycles that were sold in Target stores across the United States from July to December 2009.

The tricycles feature plastic fairy figures, including Tinker Bell and other characters featured in Disney’s recent Tinker Bell animated movies. These figures are featured as rotating ornaments on top of the green and purple tricycle’s handlebars; however, these figurines may cause laceration injuries if a child falls on them. The likelihood and severity of such injuries in the event of an unsafe toy accident has caused Kiddieland and the CPSC to issue the recall.

The recalled line has a “Disney Fairies” label on the front of the tricycle below the purple handlebars, but does not include the new model of Princess Trikes as they do not feature the figurines on the handlebars. Consumers should immediately take the tricycles away from children and contact Kiddieland at (800) 430-5307 for a replacement handlebar with a safe, enclosed rotating display. One child has been reported to have been injured by the toy so far.

This is not the first Kiddieland Disney tricycle to be recalled by the CPSC. In April 2011, the organization recalled 9,000 Kiddieland Disney Princess Plastic Racing Trikes for a similar problem.

If you or a loved one has been injured by a defective product, contact the Glendale product liability attorneys with The Breyer Law Offices, P.C. Our attorneys have years of experience winning compensation for personal injury clients and helping them move on with their lives after devastating injuries. For a free consultation on your injury case, contact our offices at (602) 457-6222.

 

Could Your Electronics Be Putting You at Risk?

More and more people rely on electronics to communicate with loved ones, find information, and complete work projects every day.

From laptop computers to high-tech projectors, technology makes it easier to run a business, seek entertainment, and stay in touch with people on the other side of the world. But did you know that defective electronics also put you at risk for serious injuries?

When a defective electronic device enters your home, it could only be a matter of time before it malfunctions and puts your safety at risk.

Problems with Electronics

Faulty wiring, defective LCD screens, bad computer monitors, and other defective electronics can cause serious injuries and even death. Bad wiring can cause house fires, serious burn injuries, and even electrocution. Defective LCD screens and computer monitors can explode, causing serious lacerations and if a piece of shattered glass hits the eye, it can cause blindness or permanent vision problems. Even safety alert monitors designed to help senior citizens live more independently pose a risk, as some types can cause strangulation.

Types of Injuries

Defective electronic devices can cause many types of Arizona personal injury. The following is just a small sampling of the injuries that can occur:

  • First, second, or third-degree burns;
  • Eye injuries;
  • Bone fractures;
  • Crush injuries;
  • Strangulation;
  • Head or traumatic brain injury; and
  • Electrocution

Defective electronics also put children at risk, as they do not know how to avoid this type of danger.

If you suffered an injury due to the use of a defective electronic product, the Chandler defective product attorneys at The Breyer Law Offices P.C. can help. We have experience handling defective product cases and helping our clients get the compensation they deserve. To schedule a free and confidential review of your case, call us at (602) 457-6222.

 

Arizona Injuries Associated with the Use of Child Walkers

Parents often buy walkers as a means of encouraging their children to walk. Unfortunately, medical experts say that these walkers do not really help children learn to walk and often put kids at risk for serious injuries. According to BabyZone.com, the muscles used to move around in a walker are not the same muscles used in walking. This means the walkers don’t have much benefit and the risk of injury makes using them risky.

Types of Injuries

Walkers with wheels put young children at risk of several types of child injuries. When a walker gets caught on a stray toy or other object, it can overturn and cause the child to fall to the floor. If the parent is lucky, the walker will turn over on a carpeted surface and prevent serious injuries. Unfortunately, these accidents can occur on tile, wood, linoleum, and other types of hard surfaces. This increases the risk of head injury and may cause fractures of the legs, arms, and skull.

If a child uses a walker near stairs that have no barrier, the walker could tumble down the stairs and cause serious injuries. In a few cases, children have gotten hurt because their fingers or toes have been caught between two pieces of their walkers. A report from the American Academy of Pediatrics even links the use of walkers to an increased number of poisoning accidents in children, as use of a walker gives a child greater access to the home environment.

Defective Walkers

If a walker is manufactured incorrectly, the risk of injury is even greater. Defective walkers can tip over easily or make it more likely that a child will suffer serious injuries. If your child suffered an injury as the result of using a defective walker, you have the right to seek compensation to cover medical expenses and other costs. The Phoenix defective products attorneys of The Breyer Law Offices P.C. can help. Call us at (602) 457-6222 to discuss your case confidentially.

 

The Government’s Role in Protecting Children from Dangerous Toys

The U.S. Consumer Product Safety Commission (CPSC) plays a vital role in protecting consumers from dangerous and defective products. The CPSC monitors products that put consumers at risk. This federal agency has the power to create restrictions on the quality of products as well as issue recalls when a product fails to meet those standards. The CPSC has recently issued a number of recalls and created new guidelines for product manufacturers to protect children.

On July 7, the CPSC announced a recall for Mini Stars building sets because they presented a choking hazard to young children. On June 30, Cost Plus Inc. was forced to recall wooden animal toys because of the lead paint used. Other recent toy recalls include Excite USA toy helicopters for laceration hazards, American Girl Crafts Jewelry kit because of lead paint and Woodstock Percussion’s Musical Shaker because of laceration and choking hazards.

On July 15, 2011, CPSC voted to lower the legally allowed amount of lead in children’s products. Lead poisoning is particularly dangerous for young children whose brain and nervous system are still developing. This new development is called the Consumer Product Safety Improvement Act and it goes into effect this August 14, 2011.

Parents of a child who is injured by a defective toy in Arizona may pursue financial compensation through filing a product liability claim. At-fault toy manufacturers may be held liable for losses such as medical bills and pain and suffering. The skilled Phoenix unsafe toy lawyers at The Breyer Law Offices P.C handle all types of injury accidents in Arizona. If you or a loved one has been injured by a dangerous or defective product, please call our offices at 602-457-6222 for a free consultation and comprehensive case evaluation.

 

Dorel Bunk Beds Recalled for Collapse Dangers

The U.S. Consumer Product Safety Commission (CPSC) has issued a product recall for Dorel Asia bunk beds. According to the CPSC, the recall was issued for about 467,000 bunk beds manufactured by Dorel Asia SRL of Barbados, which were distributed in both United States and Canada. The recall was issued after reports that the wooden side rails can split, which creates a significant risk of the bunk beds collapsing. There have been 23 reports of side rails cracking and breaking, and seven reports of injuries resulting from the defective bunk beds. The beds were sold at Wal-Mart, Kmart, and Target stores for about $190 between September 2004 and September 2009.

Product manufacturers are required to design, create, and sell products that are safe for consumers to use. When a product is poorly manufactured or designed, there is the potential for a serious injury accident. Injured victims of defective products may file a complaint with the CPSC and may pursue compensation for their losses by filing a product liability claim in Arizona.

To hold a product manufacturer liable for a defective product, victims will need to prove the product was defective, that an injury was suffered, and that the defect caused the injury. Product manufacturers often fight to protect their reputation with formidable legal defense teams. So, injured victims of defective products have it in their best interest to fight back with an experienced lawyer on their side.

The Arizona product liability attorneys at The Breyer Law Offices P.C. have a long history of holding at-fault manufacturers liable for the injuries and damages their defective products cause. If you or a loved one has been injured by a defective product in Arizona, please contact us at 602-457-6222 for a free and comprehensive consultation today.

 

One Million Aquarium Heaters Recalled for Fire Hazards

The United Pet Group has issued a recall of about 1.2 million aquarium heaters because they present a possible fire and laceration hazard. According to The U.S. Consumer Product Safety Commission (CPSC), the products recalled are called the Marineland Stealth and Stealth Pro Aquarium Heaters. The heaters reportedly have a wiring issue, which can make them prone to overheating, which can subsequently cause the glass of the aquarium to shatter. There have been 38 reports of fires and 45 reports of broken glass. One person reported an eye injury when the heater broke as he held the aquarium.

Defective products are often only recalled after there have been a significant number of complaints to the company and to the CPSC. If you have been harmed while using a product in the manner it was intended, you may be eligible to file an Arizona product liability claim against the manufacturer of the defective product. To increase your chances of a successful claim, there are a number of steps you should take.

If a defective product injures you, you should immediately seek medical attention. It may also be in your best interest to preserve the defective product in its damaged state. Take photos of the product, where the incident occurred, of your injuries and of your injuries as they heal. You should also consider filing a complaint with the CPSC, researching similar issues with the product and then contact an experienced personal injury attorney.

The knowledgeable Phoenix recalled product attorneys at The Breyer Law Offices P.C. handle all types of injury accidents involving dangerous or defective products. If you or a loved one has been injured by a defective product, please contact us at 602-978-6400. Let us help you get the compensation you rightfully deserve. Call us today for a free consultation.

 

Toy Trucks Recalled Due to Choking Hazard

The manufacturer of “Troy the Activity Truck” has issued a defective product recall for the toys due to a potential choking hazard. According to an ABC 15 news report, Infantino LLC issued the voluntary recall after there were 28 reports of plastic beads detaching from the truck. So far there have been two reports of young children gagging on the plastic beads. These potentially dangerous toy trucks are sold nationwide in stores such as Babies R Us and Toys R Us. The toy company is offering replacement toys to anyone who has purchased the defective product.

The U.S. Consumer Product Safety Commission (CPSC) regulates the sale of many types of products. When enough complaints are filed about a product, the federal product safety agency may conduct an investigation and recommend a recall depending on the outcome of the investigation. Parents would be well advised to keep up with reports on the products they buy for their children because recalls are typically only issued after a number of children have been injured.

After an Arizona defective product injury accident occurs, injured victims would be well advised to seek immediate medical attention. If your child has been injured by a defective toy, please remember that you do have legal rights. Injured victims in such cases can file a products liability lawsuit against the manufacturer of the defective product. Manufacturers are obligated to consumers to provide goods that are safe to use. If consumers are hurt while using a product the way it was intended to be used, then, the manufacturer can be held civilly liable for those injuries and losses.

The experienced Phoenix product liability attorneys at The Breyer Law Offices P.C. have successfully handled product liability cases on behalf of injured clients and their families. If you or your child has been injured by a defective product, please contact us 602-978-6400 right away to find out how we can help.

 

Pool Drain Covers Meant to Prevent Entrapment May Not Be Safe

Federal safety officials are investigating the safety of pool and spa drain covers and whether the testing procedures used to determine the flow rating of these covers is adequate. The U.S. Consumer Product Safety Commission (CPSC) recently issued a consumer alert providing information about its investigation, which revealed that the testing protocols used by some of the labs that test these covers may have been improper. As a result, the covers could be defective and pose a serious pool or spa entrapment hazard to children and adults. CPSC is issuing subpoenas to three labs asking for information about the testing procedures and the results of such testing. A public hearing on the matter has been set for April 5.

Congress enacted the Virginia Graeme Baker Pool and Spa Safety Act in 2007, which requires all public pools and spas to install new anti-entrapment drain covers and other secondary devices or systems in order to be compliant with this law. Any new pool or spa constructed in homes since early 2009 should also have these new covers.

According to CPSC’s statistics, there were reports of 83 incidents of entrapment in the United States between the years 1998 and 2008. Of those, seven out of 11 fatalities occurred in residential pools or spas, as well as 38 out of 69 injuries. Nearly 75 percent of pool entrapment victims were 15 years old or younger. About 38 percent were between the ages of 5 and 9.

If you or a loved one has been injured as a result of these defective covers, the manufacturer of the cover could be held liable for your injuries and losses. The experienced Arizona defective product liability lawyers of the Breyer Law Offices P.C. work diligently to provide quality legal representation to our clients and help them obtain fair compensation. Call our law offices at 602-978-6400 for a no-cost consultation.

 

Product Liability Cases in Phoenix

All manufacturers have a legal responsibility to design, create, and sell products that are free of defects and safe for consumers to use. Unfortunately, manufacturers can sometimes overlook safety regulations or rush the manufacturing or testing process. As a consequence, products that can cause consumers injury manage to find their way into homes in Phoenix.

However, as a consumer, you have legal rights under Arizona product liability laws whenever you purchase a product. These laws ensure that manufacturers, wholesalers, and vendors are responsible for their product and any injuries that result from the proper use of the product. Product liability cases may relate to illness, injury, or death caused by improper label warnings, defective auto parts, dangerous toys, contaminated food, and more.

Generally, there are four kinds of claims that are associated with a Phoenix product liability case:

  • Breach of warranty; categorized by when a manufacturer fails to maintain a claim regarding a product. Product liability laws require that businesses stand by or fulfill any statements or obligations they have promised to consumers.
  • Misrepresentation; categorized by when a manufacturer’s claims via advertising lead consumers to believe untruths regarding a product and that a product is safer than it actually is. Misrepresentation also includes whether a manufacturer distracted consumers from a product’s potential risks.
  • Negligence; categorized by when a product fails to provide the service that the consumer expects and causes injury.
  • Strict liability; which is categorized by when an injured consumer is able to establish that a product is defective, that it caused their injury, and that the product was extremely dangerous.

It is the responsibility of a manufacturer to inform consumers of a product’s defect if one is discovered. This can be accomplished by corresponding with consumers directly or by notifying federal agencies such as the U.S. Food and Drug Administration (FDA) or the U.S. Consumer Products Safety Commission (CPSC). Even if a product is found to be defective after its warranty has expired, this must be done, because the manufacturer is still responsible for the product’s risk, assuming the danger is posed by normal, intended use of a product.

If you have been injured by a product and believe it was because of a defect, schedule a free consultation with one of the Phoenix product liability attorneys at The Breyer Law Offices P.C. We will help you determine whether you have a substantial product liability case against a manufacturer and will explain your legal options to you. Call us today at 602-978-6400.

 

Investigating Product Liability Claims in Arizona

It is very important to stick with an experienced, trustworthy Peoria, Arizona injury lawyer when a product liability expert is needed. If you or someone you know has been seriously injured or killed due to a defective product, it will take a lot of money, time, and detailed investigation up front to determine the amount and strength of evidence that exists to prove that the product was defective.

At Breyer Law Offices, we do not ask our clients to pay our fee at the moment they retain us. We know it’s unreasonable to ask that clients pay any part of our fee at the outset of their case, which is why we proudly state that we have never required a client to pay a single dollar out-of- pocket before a settlement or judgment is reached in their case. Every dollar we have been paid was earned when we collected money for our clients. At that point—and only then—are we paid a contingency fee (percentage) of the recovery we win for our client.

Similarly, when it comes to Arizona product liability cases, we are well aware that our clients cannot afford the tens of thousands of dollars it costs to pursue a claim. Therefore, we take it upon ourselves to shoulder the full risk along with our client. And this means we pay initial costs when the case commences.

 

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