The new CPSC Pool or Spa Submersions: Estimated Injuries and Reported Fatalities, 2013 Report shows annual averages of:

*       390 pool or spa-related drownings for children younger than 15 with 76 percent (296) of the victims being younger than 5;

*       5,100 pool or spa-related emergency department-treated submersion injuries for children younger than 15 with 78 percent (4,000) of the injured being younger than 5.

New data from CPSC’s 2013 Submersion Report compile information on reported pool or spa-related drownings between 2008 and 2010 and estimated pool or spa-related injuries from 2010 through 2012 for children younger than 15. The estimated averages for the three-year periods represented show:

*       Residential locations dominated incidents involving victims younger than 5 years of age; 85 percent of the fatalities occurred at residential pools or spas. About 50 percent of the injuries and 73 percent of the fatalities involving children younger than 15 years occurred at a residence.

*       Of the reported pool fatalities for children younger than age 15, about 60 percent (231) occurred in in-ground pools; 15 percent (59) in above-ground pools, and nearly 10 percent (37) in portable pools.

For the complete reports see: Pool and Spa Submersions 2013 and Circulation/Suction Entrapments 2013.

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More than 60,000 units were sold in the U.S. and Canada. This recall involves the side rails on 34 different Lea children’s bed collections, including loft, bunk and panel styles in twin, full and queen sizes. The wooden beds were sold in various wood finishes and paint colors, including black or white. The beds have two side mattress support rails connecting the headboard to the footboard and slats or a Bunkie board to support the mattress.

There have been 22 reports of incidents involving the recalled beds in the U.S. since 2009, and one in Canada. Two injuries were reported. In a 2009 incident in Madison, Wisconsin, an 11-year-old girl was placing a fitted sheet on the top bunk when the child, mattress and bed supports collapsed on her 6-year-old sister in the bed below. The 6 year old was treated at a hospital emergency department for a head injury.

Consumers are advised to immediately stop using the beds, which were sold at Direct Buy stores and furniture stores nationwide and online at Amazon.com and various other websites from August 2008 through March 2013 for between $400 and $3,000.

At any point during the design and manufacturing process, failures regarding safety issues associated with children’s beds, toys and other children’s products may contribute to a product’s hazards, including (1) missteps during the early design stages; (2) inadequate testing to ensure safe performance; and (3) marketing efforts that include inadequate instructions and warnings, or failure to include any relevant cautions. Even one act of negligence during the process from product’s conception to its sale can cause catastrophic injuries and even wrongful death once the product reaches homes, schools and workplaces of consumers.

If you or a family member have suffered significant personal injuries as the result of a defective product, contact the law office of Swartz & Swartz, P.C. Call (617) 742-1900 in the Boston area, or for clients in greater Massachusetts, New England, or other states across the U.S., call toll-free at 1-800-545-3732.

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The cyclist has been identified by MIT as 36-year-old Kanako Miura, who was pronounced dead at the scene. Police describe her death as a hit-and-run and are looking for a garbage truck that may have been involved.

As the use of bicycles on roadways grows, concerns have increased regarding the safety of riders and drivers, and the ability of existing roadways to handle the increased volume. If you or a family member have suffered significant personal injuries as the result of a bicycle or car accident and would like to speak with an experienced personal injury attorney at Swartz & Swartz, P.C., please contact us. You can call us at (617) 742-1900, or if you are outside the Boston area, call toll-free at 1-800-545-3732. We are here to answer your questions and discuss how to protect your legal rights.

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This recall involves Avon’s Microwave Popcorn Maker sold in the U.S. with item number 474-105 in Avon’s brochures and website. The recalled plastic popcorn maker consists of a clear tub and a yellow vented lid. The tub is 6 inches high and measures 7.5 inches in diameter and has three feet at the base. “DO NOT REMOVE WITH BARE HANDS. HOLD UNIT WITH GLOVES” is molded into the plastic of the lid and “USE IN MICROWAVE OVEN ONLY” is molded into the underside of the bowl. “Made in Taiwan” is printed on an adhesive label located on the underside of the bowl.

About 54,700 units were sold through independent Avon sales representatives and online at www.avon.com from October 2012 through February 2013, for about $13.

If you or a family member have suffered significant burn injuries as the result of a fire, or if a loved one has suffered a wrongful death as the result of burn injuries, please contact one of our personal injury attorney at Swartz & Swartz, P.C.. You can call us at (617) 742-1900, or if you are outside the Boston area, call toll-free at 1-800-545-3732. We are here to answer your questions and discuss how to protect your legal rights.

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The recalled Anywhere Lounger bean bag chairs are 100% polyester or 100% cotton and measure about 51 inches in height with a 43 inch wide base. Recalled colors include purple (item 199-B004), chocolate (item 199-B005), bayou blue (item 199-B006), pink (item 199-B007), lime green (item 199-B008), denim (item 199-B009), black and white (item 199-B012), striped black and white (item 199-B014), natural (item 199-B016) and camo (item 199-B017).  The item number is printed on the product packaging and Powell Company is printed on the label on the bean bag chairs .

About 6,300 units were sold at furniture stores nationwide including W.D.Badcock, Value City Furniture, and Nebraska Furniture Mart and online at www.Groupon.com from June 2012 to February 2013 for about $100.

Toys and children’s products may be hazardous because of a defective design, or due to poor manufacturing, misleadingly advertised, inaccurate lables, or inadequate cautions or warnings. If you or a loved one has experienced personal injury as the result of using a defective product, speak with a personal injury lawyer at Swartz and Swartz PC to learn about the legal options available to you. Contact our Boston Law office – we are here to answer your questions and protect your legal rights. Call us at (617) 742-1900 or Toll Free at (800) 545-3732.

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This recall involves a Deezo brand boys’, girls’, and toddlers’ zip-up hoodies made of 65% polyester and 35% cotton. The sweatshirts and jackets have drawstrings through the hood which pose a strangulation hazard to young children. In February 1996, CPSC issued guidelines about drawstrings in children’s upper outerwear. In 1997, those guidelines were incorporated into a voluntary standard. Then, in July 2011, based on the guidelines and voluntary standard, CPSC issued a federal regulation. CPSC’s actions demonstrate a commitment to help prevent children from strangling or getting entangled on neck and waist drawstrings in upper outerwear, such as jackets and sweatshirts.

The sweatshirts and jackets have designs that include a heart with arrow, swirl, alien, flower, guitar, motor scooter and circuit board designs and come in the following color combinations: pink with white or black trim; white with pink or green trim; blue with a light blue and white trim and black with blue or green trim.

The following model numbers are included in the recall: 12501, 2502, 12503, 12504, 12505, 12506, 12507, 12508, 12509, 12801, 12802, 12803, 12804, 12806, 12807, 12808, 12809, 12810. Model numbers are located on the care label sewn into the garments side seam. The garment’s hangtag has “happyfashion4kids www.deezo.com.au printed on it.

If you or a loved one has experienced personal injury as the result of using a defective product, speak with a personal injury lawyer at Swartz and Swartz PC to learn about the legal options available to you. Contact our Boston Law office – we are here to answer your questions and protect your legal rights. Call us at (617) 742-1900 or Toll Free at (800) 545-3732.

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The Consumer Products Safety Commission (CPSC) announced a recall of Touch Point Portable Baseboard Convection Heaters; the heaters can overheat, posing a fire hazard to consumers. The Touch Point brand portable, electric baseboard convection heaters with model BBC-1500 and date code 0611.  “Touch Point” can be found on the front of the product and the model and date code can be found on a silver sticker on the back side of the product. The heaters were manufactured in June 2011. The heaters are black and measures approximately 30-inches long by 6-inches deep by 12-inches high.

About 4,560 units have been sold in Meijer stores from September 2011 through February 2013 for about $50. Meijer has received two reports of overheating incidents, including one report of a fire that resulted in property damage.

If you or a loved one has suffered serious injuries, including burn injuries due to fire or electrical hazards, please contact the personal injury lawyers at Swartz & Swartz, P.C. for a free consultation.

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The proposed stroller standard incorporates the published voluntary ASTM F833-13 standard, Standard Consumer Safety Specification for Carriages and Strollers, with one modification. The modification would require the addition of language in the standard to address scissoring, shearing, and pinching hazards associated with folding or foldable strollers.

CPSC staff reviewed more than 1,200 stroller-related incidents, including four fatalities and nearly 360 injuries that occurred from 2008 through 2012. Staff believes that the published standard, with the proposed addition in the NPR, will help to reduce the risks associated with the majority of the hazard patterns identified in reviewing the stroller incidents.

Hazard patterns found in strollers include:

• wheel breakage and detachment;
• parking brake and lock mechanism failures;
• hinge issues;
• structural integrity issues;
• entrapment;
• car seat attachment;
• canopy issues; and
• Handlebar failures.

Reported injuries include:

• finger amputations on folding hinges and canopy hinges;
• falls due to wheel detachment or parking brake issues;
• injuries due to stroller collapse;
• head entrapment in openings of travel systems; and
• falls due to a child unbuckling the restraint harnesses.

The proposed rule would also help address finger injuries associated with the folding hinges on folding or foldable strollers. Various stroller types, such as travel systems, carriages, tandem, side-by-side, multi-occupant, and jogging strollers would be covered by the standard.

Staff recommends that the mandatory standard for strollers become effective 18 months following publication of the final rule in the Federal Register.

The proposed rule has a 75-day public comment period. Comments will be able to be posted directly on Regulations.gov.

The sad reality remains that thousands of children are killed and injured every year as a result of unsafe products in the home environment. The minimal government standards and voluntary industry guidelines do not mandate pre-market testing, and do not do enough to promote safety. Three factors can combine to control the safety of any product: (1) The manufacturer’s concern for product safety; (2) The consumers’ awareness of the product hazards; and (3) The diligence of government officials in providing the impetus to manufacturers to make safer products.

Experienced litigation and trial counsel is necessary to recognize the variety of consumer product hazards that can result in injuries or deaths. Design is the first step in the manufacturing process, when the manufacturer determines what the consumer wants or, in short, “what will sell.” Here at Swartz & Swartz we are dedicated to answer your questions and discuss how to protect your legal rights. You can set up an initial consultation with one of the attorneys at our Boston office by calling (617) 742-1900, or toll-free at 1-800-545-3732.

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Today the Consumer Products Safety Commission (CPSC) announced a recall of the Zero Turn Riding Mowers due to potential fire hazard. The idler pulley can rub against the mower’s fuel tank, posing a fire hazard. About 3,700 units were sold in the U.S. and 60 in Canada, about 2,600 units were previously recalled in the U.S. and 30 in Canada in November 2012.

This recall involves 2012 and 2013 Toro Z Master Commercial 2000 Series ZRT riding mowers. The mowers are red and black. “Toro” and “2000 Series” are printed on the side and “Z Master Commercial” on the front of the mowers. When viewed from the operator’s seat, the model and serial numbers are on a metal plate located at the front of the mower, below the seat, on the right-hand side. The following models and corresponding serial numbers are included in this recall: model number 74141 with serial numbers ranging from 312000101 to 312000784 and 313000101 to 313000364; model number 74143 with serial numbers ranging from 312000101 to 312000881 and 313000101 to 313000432; and model number 74145 with serial numbers ranging from 312000101 to 312001178 and 313000101 to 313000443.

Toro has received six reports of incidents. If you or a family member has suffered significant burn injuries as the result of a riding mower or wrongful death as the result of defective product please contact one of our personal injury attorney at Swartz & Swartz, P.C.. You can call us at (617) 742-1900, or if you are outside the Boston area, call toll-free at 1-800-545-3732. We are here to answer your questions and discuss how to protect your legal rights.

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Bare is Best: Put your baby to sleep in a crib that doesn’t have quilts, comforters or pillows. Nearly half of the infant crib deaths and two-thirds of bassinet deaths reported to CPSC each year are suffocations caused by pillows, quilts and/or clutter in the baby’s sleeping space. Footed pajamas should be enough to keep your baby warm.

Safety Latches and Locks: These are a no-brainer to help prevent children from accessing medicines, toxic household cleaners (including single-load liquid laundry packets) and sharp objects.

Furniture Anchors: Before your baby gets mobile, crawl around your home and explore. Do you see a dresser, bookcase or other piece of furniture? That looks fun to climb, doesn’t it? Buy and install low-cost anchoring devices to prevent a tip-over tragedy.

Water Dangers: Any time your baby is near water, you should remain on high alert. It only takes a few inches of water and a short lapse in supervision for a child to drown. Stay focused on your baby constantly when your baby is in the bath. Do not rely on bath seats or siblings to assist with bath time. PoolSafely.gov also has many simple steps for parents to take in and around pools and spas, including using fences and alarms.

Small Batteries: Coin or button-sized batteries that power devices like remote controls, electronic games, toys, musical cards, and hearing aids can cause life-threatening chemical burns in the body in as little as two hours. Even dead batteries can cause serious injuries.  Battery compartments should be secured with a tight screw or strong tape if there’s no screw on the product. Put any item with an unsecured battery up and out of sight and reach of a child. Throw away used batteries in a way that children can’t get to them.

Corded Products: Cords such as those on window coverings and baby monitors have strangled children. Keep all cords out of a baby’s reach. Baby monitor cords should be at least 3 feet away from your child’s reach.  CPSC urges parents to use cordless blinds or window coverings that have inaccessible cords in homes with young children.

Working Alarms: You never know when you’ll need a working carbon monoxide or smoke alarm—until a disaster happens.  Working CO and smoke alarms should be placed on every floor of a home. Here’s a guide to more information on smoke alarms.

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