California Injury Attorney Blog

As a leading California and national law firm in the area of child and infant safety, we begin our series on holiday safety -- this time our focus in on toys. As parents and grandparents, aunts and uncles go out to purchase toys for the children in their lives and as we donate toys to toy drives, it is very important to pay attention to what we are purchasing for kids.

According to the U.S. Consumer Product Safety Commission, "stronger federal rules are making a positive impact and restoring confidence in the safety of toys." Toy safety at this time of year is vital to the health and happiness of our children. The federal government cannot totally stop manufacturers from making unsafe toys that end up harming children, but they are trying to make toys safer and we applaud that effort. Most often, recalls happen because several children have already been injured and we learn that a toy or crib or crib bumper is unsafe after the fact.

The federal agency has noted that safeguards are now in place for important areas of child safety. For example, lead content has been limited, voluntary toy standards are now mandatory standards, there is now third party testing and certification required for toys designed for children under 12, there are new limits for cadmium in toys, and the agency is now working closely with Homeland Security to track and seize dangerous toys coming into the country from other countries.

The statistics show that toy recalls have declined since 2008 in which there were 172 toy recalls. In 2011, there were 34 toy recalls; in 2010 there were 46 and in 2009 there were 50 toy recalls. Choking deaths were up slightly in the past couple of years. So parents must be vigilant to ensure that their older children's toys are not within reach of their younger children. Holiday wrapping should be kept away from small children as well.

One rule that we all must remember -- keep balloons, small balls, small toys and toy parts away from small children which can be forgotten in the moment of holiday gift giving excitement. Something that parents and grandparents should also know is that non-motorized scooters are the one "toy" associated with the most injuries. These injuries range from such injuries as abrasions to lacerations. Safety, such as helmet use, is important to child safety with these scooters. Finally, be aware of battery chargers and their use. They can get warm and cause injury. Kids need to be supervised in charging batteries.

San Francisco, California's Hersh & Hersh has been at the forefront of child safety for decades. We were instrumental in the national recalls of unsafe cribs and basinettes. We have represented families whose children have been injured, or have tragically died due to an unsafe product. Please contact our law firm for a free consultation with one of our lawyers with regard to any injury or child injury matter.

Recently, we posted on the serious dangers of what is called mild traumatic brain injury. These injuries are not visible on an MRI, but can cause life long impairments in adults and children. Now the CDC has issued a statement that even mild traumatic brain injuries can result in life-long impairments.

As brain injury lawyers having represented the victims of MTBI, we are well-aware of the dangers of these injuries and the need for the public to be aware of them. As noted by the CDC, "symptoms may appear mild, but the injury can lead to significant life-long impairment affecting an individual′s memory, behavior, learning, and/or emotions."

The CDC's statement about these brain injuries was part of a release of some sobering statistics about US youth and brain trauma. The CDC reports that over the past decade, head injuries resulting in emergency room visits have risen by 60 percent. These head injuries are mainly due to accidents involving kids playing football, soccer, and basketball, riding bicycles and playground activities.

As California personal injury attorneys , we are very aware of the devastating effects these injuries can have. And the numbers are rising. According to the Centers for Disease Control and Prevention, in 2001 there were over 150,000 cases of traumatic brain injury in American youth. But the numbers climbed to nearly 250,000 in 2009.

The agency attributes this rise in head injury emergency room visits to greater awareness for both parents and sports coaches who now know that these injuries can be subtle and devastating at the same time. Perhaps the recent press reports regarding the long-term impact of these injuries for professional football players, for example, have also raised awareness.

The CDC also notes that children are more vulnerable to these injuries due to the chemical changes that occur in the developing brain after an injury. The majority of these injuries are occurring in boys. The primary age span is from 10 years to 19 years of age. Not surprisingly, boys are getting injured with more frequency in football and girls in soccer.

Football accounts for nearly 60 percent of the deaths that have resulted from traumatic injuries over the past 20 years. Over ten percent of the deaths that resulted from football were said to have been caused by kids going back into a game after a concussion. This has led over 20 states to require students to stay out of games after a head injury to ensure for their safe return to the field.

The San Francisco, California injury law firm of Hersh & Hersh provides free consultations with one of our experienced attorneys to evaluate your potential case. If you or your child have been injured and believe you might have suffered any form of traumatic brain injury, please contact our law firm to talk with us about your situation.

The consumer protection lawyers of the California Injury Attorney Blog have been at the forefront of the call for crib safety. Our law firm handled the 2005 infant death case that involved a Simplicity drop side crib -- that case ultimately led to a recall of over 1 million drop side cribs and the ban on them that has just gone into effect across the country.

As personal injury and wrongful death lawyers, we have represented the parents and families of infants who have been injured, or have tragically died, due to defective and dangerous products such as cribs, basinettes and crib bumpers.

The implementation of crib safety standards is a step in the right direction for infants and families throughout the country. Last December, the United States Consumer Product Safety Commission approved new crib standards that are mandatory and have now gone into effect.

No longer will consumers have to worry about visiting a retail store and unwittingly purchasing a crib that does not meet the new standards. All "importers, distributors, manufacturers, and retailers must offer only cribs that meet the CPSC's new and improved full-size and non-full-size crib standards."

Parents and families must still be vigilant to avoid purchasing unsafe cribs at garage sales or on-line on sites where they might find a "good deal." Hand-me-down cribs that are passed through families that do not comply with these standards should be sent to land fill. Be informed about what you are buying or receiving as a gift from a family member. These "heirloom" cribs and basinettes can be the most dangerous gift you have ever accepted as a parent.

The new mandatory rules for cribs include such requirements as the strengthening of crib slats, new hardware that is stronger, prohibition of manufacture and sale of drop side cribs and better safety testing. These new and more stringent safety standards will also apply to hotels, child care centers and other facilities in late 2012.

We have been involved in the recalls of dangerous infant products and we are in good company. More than 11 million dangerous have been recalled by the CPSC over the past five years. That's right, 11 million. We'll let that number sink in for a minute.

Dangerous drop side cribs, defective bassinettes and crib bumpers have been associated with many suffocation and strangulation infant deaths in the past decade. We know this because we have had the grieving parents, grandparents and family members as clients after a tragedy involving defective and dangerous infant products.

Important Contact Information

If you believe your child has been injured by a defective crib or other product, please contact the California personal injury and trial lawyers at Hersh & Hersh. We will provide a free consultation with one of our experienced trial lawyers.

The United States Consumer Product Safety Commission cautions the American public gearing up for July 4th celebrations and has issued a warning about sparklers, bottle rockets and small firecrackers. These small celebratory fireworks can be deceiving in that their size leads us to believe these are harmless. As California injury attorneys, we want you to know that they are not harmless.

In 2010, nearly 2,000 consumers visited emergency rooms due to injuries from these small fireworks in the 30-day period prior to the holiday. And over 8,500 were injured and visited hospital emergency rooms during that year due to both legal and illegal fireworks.

Overall, there were 6,300 reports of injuries from fireworks and the hands, face and head were most likely to be harmed. Many of these injuries involved small fireworks such as firecrackers, bottle rockets, and sparklers. Even more worrisome is the fact that fireworks injury statistics show that often victims are under the age of 15 in 40 percent of the incidents.

The CPSC says that it is very important that you and your family know which fireworks are legal in your state. In addition, do not assume that a small firecracker is safer because of its size. It isn't. The seriousness of this warning cannot be overemphasized: the CSPC experts say that parents need to know the dangers of these devices and do not allow children to light or to play with them.

If you would like to see the live demonstrations on the dangers of fireworks, click here. They are a sobering reminder of the dangers of these devices.

The CPSC held a demonstration on the National Mall last week to demonstrate its commitment to stopping the manufacture and sale of illegal fireworks. The CPSC is collaborating with many other federal agencies to enforce "fireworks regulations, prosecute manufacturers and distributors of illegal fireworks, and educate the public about the risks associated with such fireworks."

Please check with your local California law enforcement agency regarding their regulations with regard to the timing and use of fireworks. Many areas are publicizing information on the legal use of fireworks so that the public can be forewarned as the police activity and law enforcement's intentions with regard to July 4th celebrations.

The following safety tips are recommended to help avoid serious injury:

1. Do not allow young kids to light or play with fireworks

2. Do not purchase fireworks packaged in brown paper as this is the way these devices are packaged for professional use and you could be buying something dangerous.

3. Do not leave children unattended, even with sparklers, which burn at very high temperatures.

4. Do not allow your body to be directly over a fireworks device when lighting it and back up immediately after it is lit.

5. Do not re-light a device that did not fully ignite.

6. Do not point or toss a device at another person.

7. Always have water or a hose on hand.

8. Do not carry fireworks devices in your pocket or in a metal or glass container.

9. Make sure fireworks are legal in your area before buying or using them.

As California consumer attorneys, we seek to inform the public on the safety of devices and products. Please contact our law firm if you have been injured by a product or device or have otherwise been injured in an accident. We provide free law consultations with an experienced lawyer who will evaluate your case or situation.

As California injury lawyers, we want our readers to be aware of a potential injury hazard that comes along with spring and summer outdoor fun. A recent accident in New York shown on news outlets around the country has caught the attention of viewers and highlighted the potential dangers of large inflatable slides and houses, also known as "bounce houses."

A Long Island spring party turned very dangerous when one of these houses pulled away from its moorings and became airborne. There were no children in the inflatable toy or two-story slide when this happened, but many were injured. One woman was seriously injured and 12 others sustained more mild injuries. Parents were stunned when the toy began to fly into the air, many of them previously unaware of the potential for danger.

The Associated Press reports that this is not the first time such an accident has happened with these bounce houses. They say about 10 have been "toppled by winds or collapsed under too much weight in the past two months, injuring more than 40 people" - this information was located on RideAccidents.com.

According to an industry expert that spoke with the AP for their article, it is way the inflatable houses are set up that creates the risk, as well as supervision. Apparently, the experts know that bounce houses can be dangerous.

Those who sell or rent the inflatable toys are not regulated and very few states have any requirements regarding them. Some require insurance and a few require training.

The woman who was seriously injured in the New York incident, was hit by one of the flying toys. The local DA plans to investigate the accident. But the AP report noted that the devices seemed to be secured properly and there were operators attending to each of them. However, a gust of wind blew them off their moorings.

The Consumer Product Safety Commission (CPSC) reported several years ago that the bounce houses can result in injury and warned that they must to be anchored correctly, with operators managing them closely. Please be aware of the need for expert set-up for these toys. Also it is highly recommended that you ensure the toys are supervised at all times. In the case of two-story slides, the CPSC recommends two people to supervise the use of this toy.

The San Francisco law firm of Hersh & Hersh has a long history of improving the health and safety of the consuming public. We have a long and stellar history of creating those protections for victims of injury. If you have any questions about your rights or legal representation in a personal injury or related matter, please contact our California office to speak directly with one of our attorneys.

The Centers for Disease Control recently published a list of the states with the highest cost of fatal motor vehicle crashes. California has the dubious distinction of being first on the list -- and as lawyers who represent those impacted by serious accident, we know full well the costs to victims of these tragedies as well as to their families.

The total estimated cost of these accidents in $41 billion -- and half this cost is from only ten states. California's $4.16 billion in costs for medical and work losses exceeds all other states. We are followed by Texas, Florida, Georgia and Pennsylvania.

The findings were based on data from 2005 -- the most recent available. The reason for the high costs is not explained in the findings, but it is clear that the costs of fatal crashes is very significant and in the opinion of the CDC, preventable. The CDC has issued some safety recommendations along with the findings.

The CDC noted that nearly $856 million in costs were associated with crash deaths of children and teens. Recommending compliance with child safety laws and graduated licensing laws as a way to lower fatalities for children and teens, the CDC is urging states to "strengthen and enforce these laws ... to protect young lives."

Four recommendations were made overall to bring the medical and work loss costs down: 1) primary seat belt laws are in place, but need to be enforced because they are proven to lower the risk of death; 2) child passenger safety is critical to the safety of young passengers; 3) graduated licensing for teens has also been shown to lower risks by 40% the risk of teen car crashes for drivers who are 16 years of age; and 4) the use of motorcycle helmets and laws requiring them, have a major impact of saving lives reducing deaths by one-third and the risk of brain injury by nearly 70 percent.

As California personal injury lawyers, Hersh & Hersh has represented the families of victims of fatal car crashes on behalf of their deceased loved ones. If your family has suffered such a tragedy, please contact our offices for a free consultation with one of our experienced trial lawyers. We are here to help you and your family.

The New York Times and other news services reported last month on a major turn-around for parents and caregivers of young children with regard to car safety. The California Injury Attorney Blog often focuses on child safety and accident avoidance and wants to ensure that all parents and others are aware of the new recommendations that pediatricians have recently issued for infants and toddlers.

The new recommendation is that children should ride in rear-facing car seats until the age of two -- twice as long as was previously recommended. The prior recommendation was that infants could move to front-facing car seats at one year or 20 pounds.

The journal Pediatrics published the safety recommendation which is supported by research that found kids under the age of two years are 75% less like to die or suffer serious injury when they are seated facing the rear. Parents and caregivers can consult the safety chart on the healthykids.org site for specific information and guidelines.

The evidence is in - when infants and toddlers sit rear-facing, head, neck and spine injuries are less likely and/ or severe - especially when the impact is from the front of the vehicle. This is because sitting facing the rear, the force of impact is spread throughout the body.

When forward-facing seats are used correctly they also provide good protection. But unfortunately, many car seats are installed or used incorrectly which diminishes the protection.

Many forward-facing car seats are convertible and can be safely turned to the rear. Contact your manufacturer to determine whether that is the case with your child's car seat. But once your child has been facing forward, reversing that might not be so easy. We highly recommend that parents and caregivers take this safety measure to protect their little ones.

The California injury attorneys of Hersh & Hersh take pride in their preeminent work in child safety and infant protection. We have been at the forefront of some of the largest crib and bassinette recalls in United States history and have represented children and their families from around the nation in tragic matters such as wrongful death, as well as serious accident and injury cases. Please contact our law firm to talk with one of our compassionate lawyers, dedicated to the health and well-being of infants and children.

The California Injury Attorney Blog is pleased to provide readers with information about the new crib rule that has been issued by the federal government.

Our affiliated consumer law firm, San Francisco's Hersh & Hersh, has been at the center of the cases involving infant deaths due to defective and unsafe cribs. Our work was instrumental in securing major recalls concerning infant safety and we were involved in the largest recall of cribs and bassinettes in American history.

Many Americans have been asking the CSPC questions regarding the new rules. According to the federal government, most questions have concerned the drip side, but the new standard impacts more than the drop side and includes: the crib's mattress support, slats, and hardware.

The new standards require all of these to be more durable. In addition, crib manufacturers must test their cribs and have a higher burden to prove to the government that they have complied through rigorous testing. The new standards go into effect on June 28, 2011.

Childcare centers and public accommodations must comply by December 28, 2012.
It is very important for consumers to know that not only does the new standard involve new cribs it also involves resale of cribs. Both full-size and non full-size cribs are covered.

If you would like more information about crib safety please visit the Crib Information Center for the US Consumer Product Safety Commission. There you will find specific instructions on how to put your baby safely to sleep and what to look for in your baby's nursery and crib to ensure safety.

In the coming weeks we will provide more information about the new crib standard.

The lawyers of California's preeminent consumer law firm, Hersh & Hersh have compassionately represented the families of children and infants who have been injured or have died in a tragic incident. We have represented families of babies who have died in defective and dangerous cribs. Please contact our offices for a free consultation with one of our experienced attorneys regarding any questions you have if your child or infant has been injured.