North Texas Product Liability Attorneys
Banner, Briley & White
Product designers, manufacturers and distributors have a duty to ensure not just that whatever they're selling works, but that it is safe for consumers to use as directed or in reasonably foreseeable ways.
Most products pass these tests.
But due to faulty or non-existent testing — or in some cases, to a cold calculation that says the expected dollar value of the profits will exceed the costs of personal injury and wrongful death lawsuits — real people end up getting hurt by unsafe and untested products.
In Wichita Falls and North Texas, our firm is where these people can turn to for help. If you or a family member has been injured by a defective or dangerous product, we encourage you to call or contact us online for a free consultation with one of our lawyers.
Where Can You Get Up-to-Date Information?
To see if you are using a defective product that has been recalled through the U.S. Consumer Product Safety Commission, or to report a defective product for possible recall, go to www.cpsc.gov. However, you should be aware that not all product recalls are under the jurisdiction of CPSC. To check on the recall of products such as automobiles, cosmetics, or food, go to www.usa.gov for a complete list of government agencies. Other helpful web sites are www.recalls.gov/nhtsa.html and www.usasearch.gov.
Keeping Kids Safe
In February, 2008, consumer groups issued a joint release indicating there were 25 million toys recalled during the 2007 fiscal year due to excessive amounts of lead paint, choking hazards and other concerns.
According to a June 10, 2008, report, the Environment California Research & Policy Center purchased 21 products intended for use for a baby’s nursery. They hired a professional laboratory to test them and found that six of those products produced high levels of formaldehyde vapor. Studies have shown that chronic exposure to formaldehyde at levels greater than 16 ppb in indoor air is linked to an increased likelihood of coughing and other respiratory symptoms including asthma. The closer the child to the source the greater the level of vapor. In fact, in a lightly vented nursery, one of the items tested emitted levels of formaldehyde vapor as high as 75 ppb.
Recent recalls of products used by children include:
October 15, 2008: Dollar General Merchandising, Inc. recalled about 200,000 battery operated toy speed boats. Dollar General has received reports of the batteries overheating which poses a burn hazard. The toy boats were sold at Dollar General stores nationwide from March 2008 through July 2008. Consumers should take these boats away from children and return them to the store where they were purchased for replacement or refund. For further information, go to www.dollargeneral.com.
September 2008: Due to a potential choking hazard, Target recalled 330,000 units of Circo Rosette Bobbie Sox sold in sizes from 6 months to 5T, between January 2007 and July 2008. If you purchased these socks take them away from your children immediately. They may be returned to target for a refund. For more information go to Target’s website at www.target.com.
August 28, 2008: Habernaas Corp, Inc. of Skaneateles, N.Y., recalled 118,000 wooden rattles, pacifier holders and stroller toys which could pose a choking hazard. These items were sold at specialty toy stores nationwide, or online, from January 2002 through August 2008. Consumers should immediately take the recalled pieces from children and contact Habermaas for a free replacement product or refund. For further information, go to www.HABAusa.com/safety.
May 22, 2008: Disney Stores recalled about 8,000 Tinker Bell Wands that were sold at all Disney Stores nationwide from April 2007 through October 2007. The paint on the pearl beads in the flowers of the wands contains excessive levels of lead, violating the federal lead paint standard. Consumers should immediately take the recalled wands away from children and return them to Disney Stores for a full refund. For more information, go to www.Disneystore.com.
March 2008: Educational Insights, Inc., recalled 130 ring toss games sold in school supply stores between December 2007 and February 2008. The yellow peg of the toy contains excessive levels of lead, violating the federal lead paint standard. For more information — go to www.service@edin.com.
January 17, 2008: Cranium Inc., of Seattle, recalled about 38,000 of their Cranium Cadoo Board Games due to excessive levels of lead, violating the federal lead paint standard. These recalled games are limited to lot numbers 2007195 through 2007244, and were sold nationwide between October 2007 through January 2008 at Kmart, Wal-Mart, Fred Meyer, Shopko and specialty game stores. For further information, go to www.cranium.com.
Other recently recalled products include:
Battery Chargers
October 15, 2008: Fujifilm, U.S.A. recalled approximately 5,300 of their BC-50 Battery Chargers due to a possible electrical shock hazard. These chargers were sold nationwide from March 2008 through September 2008. Consumers should stop using the recalled battery chargers immediately and contact the firm for a free replacement. For further information, go to www.fujifilmusa.com.
Amusement Park Rides
October 8, 2008: On May 16, 2008, 23 riders of a YO-YO ride at an amusement park in California fell to the ground when the sweep arms suspending the circular swinging chairs they were riding in broke free from the ride’s center cylinder rod. CPSC has received a report of a similar incident elsewhere. Chance Rides Manufacturing, Inc. is offering ride owners and state safety officials inspection/repair kits and new inspection and maintenance guidelines. CPSC has published a Directory of State Amusement Ride Safety Officials which can be downloaded at www.cpsc.gov/CPSCPUB/PUBS/amuse.pdf.
All-Terrain Vehicles (ATVs)
October 1, 2008: Between August 2007 and September 2008 approximately 1,200 Model Year 2008-2009 Can-Am® DS 90 X Youth ATVs were sold at authorized Can-Am® dealers nationwide. The shut off switch on this model can fail to disable the engine allowing the ATV to operate uncontrolled causing a collision with bystanders or other vehicles. Stop using these ATVs immediately and contact your Can-Am® dealer for repair. For further information, go to www.can-am.brp.com.
July 17, 2008: American Honda Motor Co., Inc. recalled approximately 42,000 of its Model Year 2007-2008 TRX 420 Rancher ATVs citing the possibility of sudden loss of steering control if the rubber CV boots get punctured or torn. These ATVs were sold at Honda ATV dealers nationwide from January 2007 through May 2008. Consumers should immediately stop using these ATVs and contact the Honda dealer for repairs. For further information, go to www.powersports.honda.com.
June 26, 2008: Kawasaki Motors Corp. U.S.A. recalled approximately 6,000 of their 2008 Model KFX 50 and KFX 90 Youth ATVs due to the possibility of loss of vehicle control. If you have purchased one of these ATVs sold at Kawasaki dealerships nationwide from August 2007 through June 2008, you should immediately stop using the vehicle and contact your Kawasaki dealer for repairs. For further information — go to www.powersports.honda.com.
Motor Vehicles
October 3, 2008: General Motors Corp. recalled 79 of their 2009 Chevrolet Impalas due to a defective front passenger air bag. The inflator on these front passenger side air bags could fracture at the inflator tube causing pieces of the inflator to strike and injure passengers. Additionally, the air bag cushion would not properly inflate reducing the passenger’s protection. Consumers should return these vehicles to the dealers for air bag replacement. For more information, go to www.gm.com/recall.
Your safety, and the safety of your loved ones, is too important to leave to chance. We suggest you make it a habit to check these sites periodically for new information regarding defective products or product recalls.
Getting Started
Our firm handles products liability claims on a contingency basis. This means it will cost you nothing to get us started on your case. We collect a fee only if you receive compensation from those responsible for your injuries.
To arrange for a free consultation, call our Wichita Falls, Texas, offices at 940-692-5000.
