Arizona Accident Lawyer Blog

As parents of seven children with our 8th to be arriving in January, as well as Phoenix product liability attorneys, we are always trying to stay on top of the latest safety findings for kids. This latest product ban comes, we fear, too late for many families.

The Consumer Product Safety Commission has outlawed the manufacture, sale, and re-sale of drop-side cribs. The products, designed with one side rail that moves up and down to make it easier for parents to remove the child, have been made by many different manufacturers over the past 10 years.

Over 30 infant and toddler deaths have been caused by this terrible design.

Recently these cribs have been examined more closely for their cheaper designs and manufacture, resulting in faulty parts, unsafe materials, and defective assembly. These problems or the combination of which has lead in many cases to the rail becoming detached partially or completely from the crib. The resulting “V”-like gap between the mattress and side rail provided opportunity for children to become trapped and suffocate or become strangled.

If you or someone you know has one of these cribs in their home, please share this information with them and ask them to remove it. We don’t want to see any more injuries or deaths; there have been too many already. If your child has been seriously injured by a faulty crib or other product, please don’t hesitate to give us a call today at (602) 267-1280 to get your questions answered.

As parents such as ourselves hit the toy stores this holiday season, it is important for all to be aware of the potential risk of serious injury that exists in many popular toys for our children. Last year, over 250,000 children were treated in hospital emergency rooms for injuries caused by toys (Consumer Produce Safety Commission 2009). Twelve children suffered a wrongful death after their injuries (CPSC 2009).

Safe Kids USA has compiled a few safety tips for parents to remember about purchasing safe toys and how to use them safely (2010).

• When purchasing toys, keep in mind the age-appropriateness of the items as well as your child’s development age. Some children may have reached the numerical age on a warning label but developmentally may be behind, and there is nothing wrong with that, but you need to keep this in mind to avoid purchasing a toy that could cause harm.
• Pick up toys and try them before buying them. Are there any loose parts or parts that could come off and pose a choking hazard? Any strings or cords that could cause a suffocation injury? Are there any exposed battery or wires that may cause electrocution? If the answer is yes to any of these questions, do not purchase that item.
• If you have both older and younger children in the house, teach them to keep the older children’s toys away from the little ones and to clean up completely after playing to prevent age-inappropriate toys from getting into the wrong hands (or mouths).
• Check all toy recalls often and follow through with the recall instructions as quickly as possible to get unsafe toys out of the toy chest.

Continue reading "Risk of Serious Injury in Holiday Toys" »

As parents and Arizona product liability attorneys, we are always on the look out for the newest and best products to keep our children safer. When we heard about this latest recall, we wanted to pass on the message as quickly as possible to our readers to prevent other injuries or deaths.

Graco, a large baby product manufacturer, is recalling over 2 million strollers after reports of four infants died in the product between 2003 and 2005 (KPHO 10/20/10). The problem with the strollers is the opening between the tray and the bottom of the seat where unbuckled children may slip, become trapped, and risk strangulation. In addition to the four deaths reported, several reports of injuries have also come in of children getting cuts and bruises, and another report of a child having trouble breathing after getting stuck.

The strollers, both the Graco Quattro Tour and MetroLite, were manufactured before 2007 and distributed from Atlanta, GA. Voluntary changes made to the products in 2008 have prevented this fault in newer products because the new standard requires a larger opening between the tray and the seat bottom.

We urge all parents to check the models of their strollers to make sure they are not included in the recall. Also be sure to follow recommended usage guidelines by always buckling your child in their stroller and never leaving it unattended to prevent runaway injuries.

Continue reading "Four Infant Deaths Lead to Stroller Recall" »

Finding toys that will entertain our children is difficult enough considering the particularities of each child. When the popular toys on the store shelves are deemed hazardous to the health of our children, it creates doubt in the integrity and safety of all toys. As parents as well as product liability attorneys, we are discriminating in the toys we select for our children and encourage all parents to examine the entire construction of toys for strength, durability, and potential hazards.

Popular toy manufacturer, Fisher-Price, is recalling over 10 million toys due to risks of injury (KPHO 9/30/10). The recall includes 7 million tricycles, 1 million high chairs, nearly 3 million play sets, and 100,000 small toy cars.

The tricycles have a key that sticks out near the seat that children may sit or fall on, possibly causing lower body injuries. So far, 10 reports of injuries have come in, including 6 children who needed medical attention.

The high chairs have pegs on the back to store the tray but when it is not in storage, children may fall on the pegs and cause injury. There have been 14 injuries reported, including 7 children who received stitches.

The play sets include several “Baby Playzone” toys, “Baby Gymnastics Play Wall” toys, “Ocean Wonders Kick & Crawl Aquarium” toys, “1-2-3 Tetherball” toys, and “Bat & Score Goal” toys. These toys have an inflatable ball with a valve that can come out and pose a chocking hazard. Over 50 faulty valves have been reported.

The toy cars are part of the “Little People Wheelies Stand ‘n Play Rampway.” The wheels may come off and cause a choking hazard.

For more information on the products included in this recall, you can visit Fisher Price’s website, www.service.mattel.com.

Continue reading "Over 10 Million Toys Recalled For Threat of Injury" »

As parents expecting another baby in a few months, we want to be sure we give our children the best nutrition we can so they grow healthy. As product liability attorneys, we want to make sure manufacturers are only putting the best products out there to feed the nation’s babies.

Popular infant formula manufacturer, Abbott, producer of Similac, issued a voluntary recall of their powder line of formulas, including some products in plastic containers or 8, 12.4, and 12.9 ounce cans. The products may contain beetles, larvae or insect parts, which may cause gastrointestinal irritation. No liquid formulas are included in the recall.

You may check to see if your product is included in the recall at www.similac.com/recall/lookup or call the consumer hotline at (800) 986-8850, 24 hours a day, 7 days a week.

It is not known yet if any injuries have been reported. When a product is designed for infants who may be very vulnerable to disease due to being born prematurely, or already having digestive issues, it is unacceptable to allow products containing bacteria and virus-carrying insect parts to be released to the public.

Continue reading "Infant Formula Recall for Potential Internal Injury Risk" »

More and more children’s toys have technology embedded in them. They can light up, make music, and provide hours of entertainment. Sometimes these toys, while effectively keeping the children busy, can be very dangerous. Oftentimes there are many recalls of toys for risks of injury. As parents ourselves and product liability attorneys in Arizona, we advise to check recalls often not only for children’s toys, but any consumer product that may be in use in your home. The best way to prevent injury is to remove the product from use.

Chuck-E-Cheese is a popular family destination for children to play arcade games and win prizes. The prizes aren’t much to adults but to children, they are trophies. Unfortunately, some of the prizes have manufacturing flaws that can cause injury to your child.

Recently, Chuck-E-Cheese recalled 1.2 million toys of two varieties, star light-up glasses and a light-up ring (CBC News 9/15/10). If broken apart, which happens often with children’s toys, a small battery is exposed. The battery is small enough for a child to swallow or put up their nose. If the battery enters the body, it could cause internal damage to the stomach, esophagus, or intestines. Two reports of children ingesting the battery have come in.

Continue reading "Exposed Battery in Popular Toy Poses Serious Internal Injury Threat" »

The National Transportation Safety Board found Arizona to be one of the 21 states whose booster seat laws are not up to the standard set in 1996 (KPHO 9/13/10). As parents and Arizona car accident attorneys, we want to be above and beyond the minimum standard for child passenger safety.

The recommendation from the NTSB in 1996 states that children must ride in booster seats from the time they are 40 pounds up until they are eight years old or 4 ft, 9 in tall. Without a booster seat, children are at risk of more serious injury should there be an accident. The seat is designed to raise a child so the seatbelt fits them properly.

Luckily, there is a wider selection of booster seats available for parents to choose from today. Tests done in 2009 found that children between 4 and 8 in a booster seat were 45% less likely to have serious injuries in a crash than those who rode without (KPHO 9/8/10). The top rated seats are manufactured by: Harmony Juvenile Products and Dorel Juvenile Group. Other seats from Britax, Clek, Combi, Evenflo, and Recaro are also highly rated. The study did not recommend 8 of the evaluated seats. More information on booster seat ratings can be found at www.iihs.org.

Continue reading "Arizona Lacking in Child Safety Seat Laws, Risking Injury to Children" »

As attorneys and parents of seven children and one more on the way, we are big fans of encouraging healthy eating and playing. We are always looking for safe, entertaining, and educational toys for our children. When a toy is recalled, we are alarmed that children are subjected to such dangers due to the negligence of the manufacturer.

Recently, the U.S. Consumer Product Safety Commission and manufacturer The Land of Nod have recalled its “Play with your veggies” play set due to exposed wires in the asparagus toy. The exposed wire can cause a puncture or laceration injury, but none have been reported so far. The play sets were sold between October 2007 and February 2010 both in stores and online.

The recall only affects the asparagus in the set, and The Land of Nod is providing free replacements to consumers if they call (800) 933-9904.

We applaud The Land of Nod for being proactive in this recall, but are disappointed that this product was let onto the market in the first place. Children are faced with enough dangers as they grow up, it is unacceptable for them to bear with threats of injury while playing in their home with their own soft toys.

Continue reading "Children’s Toy Recalled due to Threat of Serious Injury" »

As Arizona personal injury lawyers, it is important to warn that injury can be very serious with propane tanks. Grilling season is in full bloom, and propane tanks are being filled at a fast pace. While it may produce a great flavor in your burgers, propane-fueled grills can also be very dangerous.

At the Santa Cruz County Fairgrounds over the weekend, an explosion caused by a propane leak seriously burned two women and caused damage to their trailer (Associated Press via Arizona Republic 9/6/10). One of the women lit a candle in the trailer, which ignited the leaking propane.

It is not known if the tank was properly shut off or if there was a faulty seal, but such an event always brings to mind the dangers of propane tanks.

After using a propane tank, make sure it is turned off tightly. It is possible that there might be a faulty seal that would cause a leak, so it is important to be aware of any strange smells in the area. Propane has a distinct smell to alert those nearby of its presence. If there is ever a propane or gas smell in your home, you should evacuate and notify your nearby fire department to check it out. Never light a fire or make sparks of any kind due to propane’s high inflammability.

Continue reading "Smell-Check for Faulty Propane Tank Leakages" »

A strain of the Salmonella bacteria has been found in eggs originating from Wright County Egg in Galt, Iowa. According to an Associated Press article, at least 200 cases per week were reported in hospitals during the months of June and July with the contaminated eggs being distributed in Colorado, Minnesota and California. 380 million eggs have been recalled.

So far, the CDC has said at least 266 people have contracted the illness in California, with seven in Minnesota. The number of Colorado residents who have been sickened is not known at this time. Over 1,000 people have already become ill due to the contaminated eggs and the toll of illnesses is expected to rise. The FDA is investigating and a representative from the farm has said that their barns are being inspected. The recall was issued on August 13.

For a full list of eggs included in the recall, visit the Egg Safety Center website.

Anyone who consumed eggs from any of these brands should consult a doctor immediately if symptoms like diarrhea, abdominal cramping and fever occur between eight and 72 hours after consumption. Those with weakened immune systems must be especially cautious as salmonella poisoning can be life-threatening.

It is the responsibility of all food producers to ensure that their products are safe for consumption. When that responsibility is overlooked, innocent people may endure harm. If you or a loved one has been injured or contracted a serious illness after eating eggs or another contaminated food item, it would be highly beneficial to contact a Phoenix personal injury attorney like those at Breyer Law Offices, P.C. You deserve to understand your rights and seek compensation if you were injured or became sick due to someone else’s negligence. We’ll explain all of your options so that you can make the best decision for you and your family. Call Breyer Law Offices, P.C. today at (602) 978-6400.

Smith+Noble has recalled all of its Roman shades and roll-up blinds after receiving a report of a near strangulation accident involving a 5-year-old boy who became ensnared in an unsecured continuous loop bead cord on a roller shade in May 2009. The U.S. Consumer Product Safety Commission (CPSC) announced the voluntary recall on July 22, 2010, which includes products that will be added to the list of retailers involved in a December 2009 Roman shades and roll-up blinds recall.

Consumers are being advised to stop use of all Roman and roller shades included in the recent recall. Approximately 1.3 million – 1,160,000 Roman shades and 115,000 roller shades – products distributed by Corona, California based Smith+Noble are affected by the recall.

While one risk of asphyxiation from the Roman shades can occur if a child takes the cord and puts it around his or her neck, another hazard is created when a child puts his or her neck between the easily accessible inner cord and the back fabric of the blind. The risk of strangulation relating to the roller shades can take place in instances where the blind’s constant loop cord has not been mounted to the wall with the provided tension device and a child’s neck becomes entangled in the free-standing loop. The products included in the most recent recall were sold throughout the United States from 1998 through April 2010.

Continue reading "Roman and Roller Shades Recalled for Strangulation Hazard" »

Many Phoenix injury attorneys are unfairly labeled as greedy and litigious. People assume that attorneys are only out for their own personal gain without any care towards the injured person. They believe that the only purpose for lawsuits is to earn plenty of attorney fees. But the reality is that personal injury attorneys provide a much-needed service to injured victims and their families. This couldn’t be more apparent than in cases involving product liability.

One of the primary causes of action in a product liability claim is defective design. If a company designed a product that is defective, and caused injuries, a lawsuit can be brought against that company for negligence. If no suit is filed against the company, the company can continue to sell its defective product. But when an injured victim files a product liability lawsuit against a negligent company, they have an opportunity to not only seek justice for themselves, but to also protect any future victims from injuries.

If you or a loved one has been injured by a defective product, please don’t hesitate to contact our Phoenix product defect lawyers. At Breyer Law Offices, we welcome your call – whether you know you want to bring a suit against the negligent company, or you’re simply looking for answers surrounding a possible product liability case. We can give you the information and advice you need, so you can make the best decision for you and your family.

There are basically three different kinds of product liability claims. One type of product liability claim surrounds defective products that were designed improperly. Another type involves products that were manufactured improperly. And a third type of product liability claim involves a failure by the manufacturer to warn consumers about the dangerous product.

While product liability cases involving design or manufacturing flaws are the most common – and the most public - Arizona failure to warn cases do happen. These kinds of cases typically involve products that are inherently dangerous if used in a certain manner. When a company creates a product and puts it on the market to sell to consumers, that company has the responsibility to warn consumers about these dangers. If they don’t provide adequate warning, then they can be held liable for any injuries caused by use of the product.

If you or a loved one has been injured by a defective product and you weren’t adequately warned about its dangers, please don’t hesitate to contact our Phoenix defective product injury lawyers. At Breyer Law Offices, we welcome your call – whether you know you want to bring a suit against the negligent party, or you’re simply looking for answers surrounding a possible product liability claim. We can give you the information and advice you need, so you can make the best decision for you and your family.

Finding a Peoria product liability attorney or a defective product injury lawyer can be a challenge. First of all, there are substantial differences between a typical personal injury case and a product liability case. Thus, choosing the best possible lawyer when you have been injured due to a defective or poorly-made product, make sure you go to an attorney you can trust.

It’s important to consider that product liability claims require proof that the product was faulty. There are three common ways in which a product can be proven defective in order to allow its purchaser to recover damages for injury. The first is defective design. A poorly-designed product often hurts numerous people by malfunctioning or breaking due to serious flaws. A person who has been seriously injured by a dangerously defective product in Peoria, Arizona, often learns from the investigation of a hardworking personal injury lawyer that the same product has caused harm to people throughout the United States.

Continue reading "The Difference Between a Product Liability and Personal Injury Case" »

Severe injuries to a child. An allegation and evidence of a dangerous, defective product. How will this get resolved? Fortunately, through our jury system. I recently read about this tragic case where Trevor Dennis, a minor, suffered severe burns due to an alleged defective heater. The defendant, Coleman Company, has thus far refused to accept responsibility or settle the case. To some, this may sound like a story destined for injustice. However, perhaps those people do not realize the strength of our civil justice system: the jury. Nationally renowned law firm Bisnar Chase is handling the matter for the plaintiffs, so we know the plaintiffs are going to get a fair shot at justice. Without prejudging the case – it is the job of the jury to decide the facts of what happened and come to a final conclusion – I think it is fair to say that many defendants that have wrongfully denied justice have had to answer to the jury.

This, then, is not a final judgment of what occurred, but a great testament to the fact that everybody – from the young child to the international corporation – all can, for a day, sit on the same playing field, having to answer to the same jury. Justice can be delayed, but it should not be denied. We look forward to awaiting the outcome of the jury trial and hope that justice is done: whatever the jury deems that to be.

Source report:http://www.reuters.com/article/pressRelease/idUS152701+20-Mar-2008+BW20080320

In almost every state in this country, people who are hurt because of a dangerous and defective product have the right to bring a lawsuit against the person who sold them that product. It is not the job of almost any American citizen to try to track down the person in some foreign land and hope that they will somehow show up in an American courtroom and pay their "fair share" of the dangerous product they designed or manufactured. Instead, we count on the retailers who buy these things to have proper insurance so that if they sell something that badly injures an American, the American doesn't have to do the impossible.

On top of that, the leverage exists largely with the person who has a relationship with this company in a foreign land. In other words, if some company in communist China accidentally manufactures a dangerous product that kills somebody, is that company likely to show up for a lawsuit in Pima County, Arizona or Maricopa County, Arizona? Of course not. Perhaps if they might lose the business of Wal-Mart, Best Buy, or some other big box retailer, they would show up to keep that business.

However, Arizona is the only state we know of that requires the Arizona resident to not only sue the person who sold them the product, but also to try to find a way to bring in every single individual from the time the dangerous and defective product that caused the serious injury was created and designed, through its manufacturing, and through all the different shipment channels and anyone who may have contributed to the sale of the dangerous product. This is ridiculous, but this is the law. This is also one of the many reasons that anybody who's been injured as a result of a dangerous and defective product should immediately contact an experienced Phoenix product liability lawyer they can find to help them with their Arizona product liability claim.

Dangerous products kill people. These companies should not be allowed to continue to operate. Getting a lawyer on board who can try to track down the responsible parties as quickly as possible can be vital. I am not a big believer in telling people to "hurry" in hiring a lawyer before they are ready. I would not do that with an Arizona product liability case either. The problem is, Arizona law requires even the best personal injury lawyers to find these different people in the "chain" of the product. Moreover, the product itself can be vital, and failing to get a lawyer can often lead to the failure to secure the product and make sure it is not destroyed, thereby destroying the evidence that could create the claim.

Jardine Cribs has recalled an additional 56,000 units, expanding to almost 400,000 the number of cribs that have been recalled as a result of a strangulation and entrapment hazard to infants and toddlers. These cribs were sold at Kids World, Geoffrey Stores, Toys-R-Us, and Babies-R-Us stores nationwide from March 2004 through January 2009. These cribs were sold in the range of $220.00 to $330.00.

This child product recall raises many questions about Arizona Product Liability Law. For instance, if a defective product cause serious injury, what can an Arizona resident do to recover for that injury? The first step is to hire the best product liability lawyers they can after a serious injury of wrongful death that came as a result of a defective product. Also, this raises the question as to whether or not a recall is required in order to pursue a serious injury claim due to a defective product that cause injury to an Arizona resident. The answer is an absolute no. While a recall may be evidence of a dangerous product that never should have been on the market, the reality is that determining whether or not there is a defective product that was placed on the market that never should have been there and never should have caused injury is a much more complicated analysis.

The reality is that it is not easy to simply answer the question as to whether or not an individual claim for serious injury in Arizona should be pursued. The most experienced product liability lawyers will do everything they can to explain to the family involved the likelihood of success and the amount of time it would take to pursue an individual claim. This varies on a great many factors. For instance, Arizona is one of the only states, if not the only state currently in the United States, that does not follow a traditional product liability model when it comes to suing a Chinese manufacturer. So many of our products are created in China that most states in this country you can sue the store that sold the product. The belief has always been that the store that sold the product is in the best position to have insurance or to go after that store in China with which they do business. It has always been the belief that the injury victim is not in a good position to try and sue the communist Chinese corporation for the defective product directly. However, Arizona Courts have recently made this requirement for Arizona residents only. Therefore, a production liability claim in Arizona as a result of a serious injury or wrongful death is much more complicated than it is most other states. Therefore, the analysis of an expert in product liability law is vital prior to making a decision whether to pursue a claim as a result of a defective product that causes a serious injury.

We understand that product recalls in Arizona, and the rest of the country, are not perfect, but we are hopeful that anyone whom bought a Jardine Crib will take advantage of this recall to the vital and necessary safety of the infants and toddlers throughout the United States that go to bed every night in one of these cribs.

Campaign donations are a powerful thing. According to the House of Representatives, a jury cannot be trusted to decide how much money is reasonable compensation to somebody injured by the negligence of a doctor. According to the same people, a jury is fully capable to decide whether a man is guilty, and whether he should be put to death for his crime. A jury is capable of life and death decisions, but not capable to decide decisions relating to money. How can this be? I guess it just depends on who is giving you donations.

A criminal jury and civil jury come from the same people, who live in the same county. They are chosen randomly, so the same people that sit on a criminal trial could have just as easily sat that same day on a medical negligence trial.

For instance, here is an example of two trials that may occur in Maricopa county, during the same week, with the same jurors making the decision:

Trial 1: A doctor is accused of leaving a medical instrument in a baby, which causes severe permanent damage. The baby will suffer for a lifetime from the carelessness. They jury has to decide how much money the insurance company will pay in fair compensation.

Trial 2: A man is accused of shooting a stranger in cold-blood to steal $20. The stranger died. The jury has to decide whether that man is guilty, and whether he should be put to death for his crime.

The same people who became jurors in the first trial could just as easily have been on the second trial. In one case, money rests on a jury’s decision. In the other case, a man’s life rests on a jury’s decision.

Continue reading "WE TRUST YOU TO DECIDE LIFE AND DEATH, WE JUST DO NOT TRUST YOUR OPINION ON MONEY" »