November 7, 2011

Lead and Phthalates a Toy Hazard Concern for Holiday Shoppers in Sebring, Fort Myers and Elsewhere

In preparation for the upcoming holidays and toy shopping for your little ones, our Sebring defective product attorneys want to remind parents and gift buyers that there are millions of toys on the market, but some are quite dangerous and cause hazards for your children.

Manufacturers, shippers and retailers have an obligation to catch these defects before they hit the market and cause a preventable serious or fatal injury to a young child.
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The U.S. Consumer Product Safety Commission reported 19 toy-related deaths and 235,300 toy-related injuries for children 14 and under in 2008. Almost half of the deaths were connected with riding toys but other causes of death for children under 15 in 2008 were choking and drowning. More than 82,000 of the toy-related injuries treated at a hospital emergency rooms in 2008 were children ages 4 and younger.

In order to reduce the risk of toy-related injuries to children in Fort Myers , Port Charlotte, Cape Coral and elsewhere, gift-buyers need to be aware of the dangers associated with toys. Some toys contain toxic substances from paint or PVC plastic while others can cause cuts, bruises, bone fractures, choking or concussions.

The U.S. federation of state Public Interest Research Groups has released an annual publication for the last 25 years called "Trouble in Toyland," which examines toy safety.

Over the years, the report has led to 150 recalls of child products and defective toys. Last year's publication looked at the dangers of chemical hazards and phthalates while visiting several national chain toy stores in September and October of 2010. Lead can be found in several children's products including metal toys, jewelry, lunchboxes, vinyl bibs, and paint or outer coatings used to cover toys.

Lead exposure can affect nearly every organ or system in the body including the central nervous system. Exposure to lead can cause brain damage in small children. Over a twelve-month period, the CPSC recalled over 500,000 children's products for violation of the lead paint standard. Exposure to phthalates has been found by scientists to cause potential health effects during critical stages of development. Two products were found last year to contain levels of phthalates in excess of limits allowed by CPSIA.

Gifts.com offers these tips on how to buy safe toys this holiday season:
-Manufacturers place age restrictions on toys for a reason, so make sure the toy you are purchasing is age appropriate for the child you are buying for.
-When purchasing for a small child or infant, check to make sure small or loose parts can't be disconnected or chewed off.
-Take the toilet paper tube test. If the toy fits through the tube, it could be hazardous to your child.
-Don't purchase a toy with straps, cords or strings longer than 7 inches for a young child in order to prevent choking or suffocation hazards.
-Check the product for sharp edges or breakable parts that could cause a severe cut or laceration to a child's hands or face.
-Dolls, puzzles, action figures and building sets often contain magnets which can be fatal for children when swallowed. Refrain from buying toys with magnets.
-Read warning labels for hazardous substances or toxic chemicals.
-Check riding toys for sturdiness and potential fall hazards. Purchase protective equipment like kneepads, elbow pads or a helmet if required to reduce the risk of injury from a riding toy.
-Check the product for recalls. Visit the CPSC website for a full list of Toy Hazard Recalls.

Continue reading "Lead and Phthalates a Toy Hazard Concern for Holiday Shoppers in Sebring, Fort Myers and Elsewhere" »

July 4, 2011

Fort Myers Defective Products, Premise Liability Issues a Holiday Weekend Danger

Defective products in Fort Myers create substantial hazards for consumers. Holiday weekends can be a particularly dangerous time for both defective product injuries and premise liability injuries in Fort Myers and elsewhere in South Florida.

Our Fort Myers accident lawyers encourage you to check with the Consumer Product Safety Commission for defective product news when making a substantial purchase, such as a crib, gas grill or portable pool. And to use extra caution in supervising children around swimming pools this holiday weekend and throughout the year.
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Recent defective product news in South Florida includes:

-A 1-year-old child drowned in the family swimming pool after getting out through a dog door in Deltona Beach, Pet Access Dangers reported. It was the sixth reported drowning in Volusia County so far this year. The site reports 70 percent of preschoolers who drown are in the care of both parents at the time and 75 percent are missing from sight for 5 minutes or less. Even portable pools may pose a significant risk. CNN reported recently that 244 submersion incidents have been reported involving small portable pools in the last decade -- in 209 cases the accident resulted in fatal injuries.

-Those concerned about defective vehicle injuries in Fort Myers should be aware that the Detroit News recently reported a recall of 50,000 Cadillac SRX crossovers, which need to have the airbag reprogrammed. The National Highway Traffic Safety Administration reports the right side airbag won't deploy in a crash if no one is in the front seat -- as a result, backseat passengers may not be fully protected.

-The Consumer Products Safety Commission is warning about the risks of small fireworks, such as bottle rockets and firecrackers, whether defective or not. “From purchase to ignition, know how you and your family can stay safe and which fireworks are allowed in your state if fireworks are part of your July 4th celebration,” said CPSC Chairman Inez Tenenbaum. “Never assume that a fireworks device is safe based on its size and never allow young children to play with or light fireworks. By knowing the dangers of all types of fireworks, consumers can prevent tragedies.”

Last year testing of fireworks shipments found that 43 percent were not compliant with the Federal Hazardous Substance Act, meaning users could be at increased risk of serious or fatal injury.

-The government has also announced a recall of 460,000 bottles and jugs of Pourable NAPAfire and FIREGEL. The gel fuel distributed by Napa Home and Garden of Duluth, Georgia can ignite unexpectedly and splatter onto people and nearby objects, creating the risk of Fort Myers burn injuries and of structure fires. The product was sold at Bed Bath & Beyond, Shopko, Restoration Hardware, and other stores nationwide. Consumers should stop using the fuel and return any unused portion for a full refund.

Continue reading "Fort Myers Defective Products, Premise Liability Issues a Holiday Weekend Danger" »

March 11, 2011

Pregnant mothers in Florida warned of Topamax's risk of birth defects

The U.S. Food and Drug Administration is increasing warnings about Topamax, an anti-seizure and migraine medication, amid reports of birth defects, according to a report in the Wall Street Journal.

Florida attorneys handling Topamax complaints continue to see data suggesting a high risk of cleft palates and cleft lips in infants whose mothers were prescribed the drug during or even before pregnancy.
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The drug, which is topiramate, is sold by Johnson & Johnson under the brand name Topamax but is also available in a generic. Research suggest it may prevent the lip or palate of a newborn infant from fusing properly during the first trimester. It is not Johnson & Johnson's only high-profile issue involving defective medical products -- the company has also been forced to recall its DePuy hip replacement system after health officials in the U.K cited a high failure rate and metal shavings in the blood.

Unfortunately, Topamax is the latest black eye for the FDA, which has come under increasing fire for permitting dangerous drugs or defective medical devices to make it to market. The government watchdog relies upon the research of drug makers, which stand to make billions, in approving a new medicine for sale. Many of the human trials are being conducted in third-world countries, far from the prying eyes of regulators. And even when the agency has information that a medicine is likely dangerous, it has been accused of failing to act to protect the public -- the risks of Avandia, a popular diabetes drug, were known for years before the government finally got serious with restrictions late last year.

Florida Topamax lawyers in Fort Myers and throughout the state understand the risks and can assist families dealing with a birth defect as a result of dangerous or defective pharmaceuticals or instances of medical malpractice.

In this case, topiramate is approved to treat seizures and epilepsy. It is also used in the weight-loss drug Qnexa, which was rejected last year by the FDA over concerns about birth defects.

The North American Antiepileptic Drug Pregnancy Registry found problems in 1.4 percent of infants exposed to topiramate during the first trimester -- or about 1 of every 65 infants. Those findings confirm data being reported by officials in the United Kingdom.

The drug's risks had previously been placed in Category C (meaning no human data available). But it is now being elevated to Category D, meaning evidence of fetal risk is present but the benefits may still outweigh the risks in certain situations.

Johnson & Johnson made $2.7 billion on the drug before losing patent protection in 2008. Generics are now available, however the company still made $538 million last year. The company pleaded guilty last year to promoting the drug for unapproved uses and paid an $81.5 million fine.

Continue reading "Pregnant mothers in Florida warned of Topamax's risk of birth defects" »

February 23, 2011

Safety seat recall a reminder of child's risk of defective product injuries in Fort Myers

The government has announced a recall of nearly 400,000 defective child safety seats for a faulty harness, the National Highway Traffic Safety Administration reported.

Our child injury lawyers in Cape Coral and Fort Myers urge parents to check their safety seats for recall and to periodically conduct a thorough examination for wear and tear, possible defects, or other issues that could impact your child's safety.
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The Dorel Juvenile Group (DJG) is recalling 794,247 seats because the lock and release button on the harness does not always return to the lock position. The defect can result in a loose harness and increased risk of serious or fatal injury during a Fort Myers car crash. The seats were made from May 2008 to April 2009 and feature the "Center Front Adjuster" for the harness. Infant, convertible and booster child-restraint systems are included in the recall, both those sold as stand-alone seats and those sold as part of a (stroller) travel system.

The company is providing a fix kit consisting of a small tube of lubricant. However, many parents may decide to discontinue using the seats.

We encourage you to use extra caution when purchasing toys, clothing items and other products marketed to children. While we as parents would hope that manufacturers would use the utmost care when designing and marketing products for children, that is too often not the case. The Consumer Products Safety Commission recalls more than 100 children's products each year for a variety of hazards. Products include cribs (more than a dozen recalls in 2010), safety seats and high chairs, as well as clothing and toys.

Just this month, the government announced a recall of 1.7 million video baby monitors because of a strangulation risk posed to infants.

More information on the Florida child safety seat recall is available here, including model numbers and manufacture dates.

Other children's products recalled this month include night lights, hooded jackets, snow bikes, playsets, and a drop-side crib.

Continue reading "Safety seat recall a reminder of child's risk of defective product injuries in Fort Myers" »

December 10, 2010

Defective product injuries in Fort Myers, Southwest Florida, a common holiday danger

Perhaps at no other time of the year are defective products injuries in Fort Myers a greater risk than during the holiday season. Holiday decorations, candles, toys and presents -- even space heaters for those Southwest Florida cold snaps -- can all spell danger if defective or used inappropriately.

The Consumer Product Safety Commission recently announced that the number of emergency room visits involving children injured by toys has increased substantially in recent years, from 152,000 in 2005 to 186,000 last year.
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“By limiting metals and chemicals in toys and making the voluntary standard mandatory, CPSC has put safeguards in place for toys to better protect children,” said Chairman Inez Tenenbaum. “The increase in injuries is a concern, and we want parents to make safe purchases and for children to be safe at play. To help keep what has been called the most wonderful time of the year happy and incident-free, CPSC is encouraging consumers to adopt a three-pronged safety approach.”

The organization reminds parents to choose age-appropriate toys, to purchase necessary safety equipment with skateboards and other toys, and to ensure a child has a safe place in which to play.

The government reports a total of 44 dangerous toys have been recalled so far this year, compared to 50 last year and 172 in 2008, when dangerous Chinese products were being recalled seemingly every week. But toys don't tell the whole story -- more than 100 other children's products, including strollers, cribs and clothing, have also been recalled because of dangerous or deadly defects.

Fires, falls and other hazards associated with holiday decorating are also a concern. Each year, the government reports about 12,000 consumers are treated in hospital emergency rooms for injuries associated with holiday decorating. More than 160 are killed in fires caused by Christmas trees and candles.

"Home decorating for the holidays is a wonderful tradition, and CPSC wants to ensure that this holiday season is a safe and happy one," said Tenenbaum. "To prevent a holiday tradition from becoming a holiday tragedy, keep lighted candles in sight, check trees for freshness, and don't use lights with broken sockets or frayed wires."

A safe holiday decorating guide is available here.

List of product recalls in Florida is available here.

Continue reading "Defective product injuries in Fort Myers, Southwest Florida, a common holiday danger" »

September 22, 2010

Child Passenger Safety Week: A reminder of the many ways a child can be injured in a Fort Myers car accident

Our Fort Myers child injury lawyers encourage parents to participate in Child Passenger Safety Week (Sept. 19 to 25) by talking to your kids about dangers around vehicles and having your booster and safety seats checked on National Seat Check Saturday, Sept. 25.

A list of child safety seat check locations in Fort Myers, Cape Coral and throughout South Florida is available here.
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The Centers for Disease Control and Prevention reports that car accidents remain the leading cause of death for young children ages 3 to 14. The National Highway Traffic Safety Administration reports 1,347 children were killed in car accidents in 2008 and 193,000 were injured. Florida car accidents killed 73 children that year.

In selecting a child safety or booster seat, it is also important to consider the fit of the seat and your vehicle. Child products have the highest incidents of reported defects; poorly designed seats may result in a defective products claim in Southwest Florida. The Insurance Institute for Highway Safety recently rated 72 booster seats, giving 21 of them a "Best Bet" rating and not recommending the purchase of eight others. A complete list of child booster seat ratings is available here.

"For the first time top-rated boosters outnumber ones the Institute doesn't recommend," says Anne McCartt, Institute senior vice president for research. "Now more than ever manufacturers are paying attention to belt fit, and it's showing up in our ratings."

The National Highway Traffic Safety Administration is also highlighting other dangers during Child Passenger Safety Week, including the risk of children being left in hot cars, backover injuries, power window injuries, vehicle rollaways and trunk entrapment injuries.

Florida and Texas lead the nation in the number of children killed by heatstroke as a result of being left in a hot car, according to San Francisco State University. So far this year, 45 children have died nationwide, far exceeding the 33 kids who died during all of last year. Fifty children have died in Florida during the last decade as a result of being left in a hot car.

Children and Hot Cars

-Never leave a child alone in a car.
-Teach children that a vehicle is not a play area.
-Do things to remind yourself there is a child in the vehicle.
-Always lock the doors and trunks on unattended vehicles.

You can find additional information on the dangers of children in hot cars here.

June 29, 2009

Florida injury lawyers remind the public to celebrate safely this July 4th

fireworks.jpgAs millions of Americans prepare to enjoy a fun family holiday celebrating our nation’s birth, Florida injury lawyers are urging those using fireworks to always put safety before sparklers.

“Please celebrate safely,” notes attorney Bruce L. Scheiner, “No one wants to have such a happy event marred by a negligent or careless accident.”

Each year, injuries resulting from improper use and handling of commonly available fireworks and pyrotechnics turn a family gathering into a catastrophe. With the proliferation of roadside fireworks vendors, and even commercial stores open all year, the opportunities for an accident are plentiful.
The National Council on Fireworks Safety notes that hundreds of fireworks injuries are reported every year, and recommend several safety tips:

    1. Use fireworks outdoors only.

    2. Obey local laws. If fireworks are not legal where you live, do not use them.

    3. Always have water in a hose or bucket nearby.

    4. Only use fireworks as intended. Don't try to alter them or combine them.

    5. Never re-light a "dud" firework. Wait 20 minutes and then soak it in a bucket of water.

    6. Use common sense. Spectators should keep a safe distance from the shooter and the shooter should wear safety glasses.

    7. Alcohol and fireworks do not mix. Have a "designated shooter."

    8. Only persons over the age of 12 should be allowed to handle sparklers of any type.

    9. Do not ever use homemade fireworks of illegal explosives: They can kill you! Report illegal explosives to the fire or police department in your community.


Even using sparklers on our nation’s birthday requires a few common sense rules. According to the U.S. Consumer Product Safety Commission, (CPSC), approximately 16% of all consumer fireworks injuries are caused by sparklers burning hands
and legs, with the majority of sparkler injuries occurring to young children. These are injuries that would not have occurred if there had been close adult supervision and if some basic safety steps had been followed. The National Council on Fireworks Safety offers these safety steps for sparklers:

1 Children under the age of 12 should not use sparklers without very close adult supervision.
2 Always remain standing while using sparklers.
3 Never hold a child in your arms while using sparklers.
4 Never hold, or light, more than one sparkler at a time.
5 Sparklers and bare feet can be a painful combination. Always wear closed‐\plain toed shoes when using sparklers.
6 Sparkler wire and stick remain hot long after the flame has gone out. Be sure to drop the spent sparklers directly in a bucket of water.
7 Never hand a lighted sparkler to another person. Give them the unlit sparkler and then light it.
8 Always stand at least 6 feet from another person while using sparklers.
9 Never throw sparklers.
10 Show children how to hold sparklers away from their body and at arm’s length.
11 Teach children not to wave sparklers, especially wooden stick sparklers, or run while holding sparklers.

Florida injury lawyers caution you to keep your celebrations safe, and remember the reason behind the big booms and bright colors lighting the night.

March 1, 2009

Florida injury lawyers debut 1-800-Dial-BLS, for car accident, motorcycle accidents, truck accidents and other personal injury questions in Southwest Florida

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The Florida injury lawyers at Associates and Bruce L. Scheiner, Personal Injury Lawyers, begin 2009 with a new toll-free phone number, 1-800-Dial-BLS.

Whether you are injured in a car accident, motorcycle accident, truck accident or are the victim of a drunk driving crash or other personal-injury or wrongful-death situation, representatives are available 24 hours a day at 1-800-Dial-BLS to review your case.

The firm has four decades of experience handling car accidents and other personal injury cases throughout Southwest Florida, including Fort Myers, Naples, Cape Coral, Arcadia, Port Charlotte, Venice and Sebring.

Started in 1971 by Bruce L. Scheiner, the family-run firm is dedicated to representing Florida residents who have been injured by the negligent or careless acts of other individuals, businesses or insurance companies.

The firm has never worked for big businesses or insurance companies and practices exclusively in the area of personal injury law. Unlike many other firms, which split their attention between personal injury cases and other types of law, like divorce, real estate and criminal cases, Associates and Bruce L. Scheiner, Personal Injury Lawyers, is a team of almost 100 professionals dedicated to fighting for justice for those how have been injured or killed in Florida.

Bruce L. Scheiner still hand selects each case the firm represents. Together with his wife Cheryl, who runs the office, and son, Preston J. Scheiner, who is an associate attorney, the Scheiner team is dedicated to getting you and your loved ones the compensation you deserve.

After four decades of service in Southwest Florida, there promise to you is simple: at Associates and Bruce L. Scheiner, Personal Injury Lawyers, you'll pay nothing unless we win.

Look for the new toll-free hotline throughout Southwest Florida, on billboards, on television, in the yellow pages and online.

Continue reading "Florida injury lawyers debut 1-800-Dial-BLS, for car accident, motorcycle accidents, truck accidents and other personal injury questions in Southwest Florida" »

February 11, 2009

Florida motorists warned of car accidents waiting to happen

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Some 148,000 people suffer a car accident each year without ever getting behind the wheel: They are injured by a closing car door in what the federal government has announced is the most common non-moving injury inflicted by automobiles.

For the first time, the National Highway Traffic Safety Administration has collected data for non-traffic related death and injuries and non-crash related death and injuries to the ways in which people are seriously injured or killed in or around automobiles.

"It shows you don't have to be in a moving vehicle to be seriously injured," said Bruce L. Scheiner, founder and senior attorney at Associates and Bruce L. Scheiner, Personal Injury Lawyers.

Florida Injury Lawyers point out such cases can involve legal questions surrounding car accidents, bicycle and pedestrian injuries, property and premise liability law, slip and fall issues, injuries to children, vehicle defect, defective product law and other legal issues.

"The bottom line is, if you are seriously injured you should contact a lawyer to examine whether you have a case," Scheiner said.

Such dangers are now being tabulated by the federal government, including: falls from vehicle, battery acid and antifreeze burns, jack accidents, tire explosions, window strangulation, and those injured or killed by being locked in the trunk.

"I don't think anyone until now had an accurate sense of the extent of vehicle-related injuries and fatalities that did not occur on a public highway," NHTSA spokesman Rae Tyson told Forbes Magazine. "It certainly underscores the risks that exist in a vehicle whether it's on the road or off, and I hope it will call some attention to some of those issues."

The new statistics also shed light on what the government terms Nontraffic crash fatalities and injuries, including single-vehicle crashes on private roads, collisions with pedestrians on driveways and two-vehicle crashes in parking facilities.

Bicyclists and pedestrians account for about half (614 of 1,159) of non-traffic crash fatalities and about a third (34,000 of 98,000) of non-traffic injuries.

Backovers, where drivers injure or kill a non-occupant by reversing over them, account for another 19 percent of fatalities and 14 percent of injuries.

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Annual average of non-crash fatalities by type:

Struck by falling vehicle: 168
Accidental carbon monoxide poisoning from exhaust: 147
Fall from vehicle: 88
Vehicle fire: 57
Struck by Object: 44
Hyperthermia (excessive heat): 37
Hypothermia (excessive cold): 14
Poisoning: 9
Exploding Tire: 7
Vehicle window asphyxia: 5
Electrocution: 4
Drowning: 3
Closed in trunk: 3
Radiator fluid burns: 2

The government reported that 22 percent of injuries (164,000 of 743,000) occur as people enter or exit a vehicle: falls (84,000), striking a door or door frame (36,000) and in other situations such as sprains or strains while exiting (44,000).


Continue reading "Florida motorists warned of car accidents waiting to happen" »

January 30, 2009

Florida vehicle defect attorneys warn Toyota owners of recall

Toyota Motor Corp recalled 1.35 million vehicles this week to fix defects in the seatbelt or exhaust systems.

Florida defective product and vehicle defect attorneys urge Toyota owners to check to see if their car is part of the vehicle recall.

About 830,000 of the cars include the Yaris, manufactured between January 2005 and April 2008 and exported to Europe, the United States and other countries.

One case of fire was reported in Japan due to faulty seatbelt design, which could cause melting when the belt is activated during a collision, Toyota said.

Continue reading "Florida vehicle defect attorneys warn Toyota owners of recall" »

January 23, 2009

Southwest Florida parents warned of dangerous, defective baby cribs

More than half a million Stork Craft Baby Cribs pose an entrapment and suffocation risk, the federal government warned this month.

Florida injury lawyers and the child injury and defective product attorneys at Associates and Bruce L. Scheiner, Personal Injury Lawyers, urge parents to check their cribs to ensure infant safety.

The Consumer Product Safety Commission has instructed customers to stop using the products immediately.

The recall impacts 535,000 cribs made my Stork Craft Manufacturing Inc. and sold between May 2000 and November 2008. The cribs came in a variety of styles and finishes.

The metal support brackets holding the mattress and mattress board in place can break, causing a dangerous gap between the mattress and crib rails, according to the government.

The cribs were sold at major retailers, such as J.C. Penny, KMart and Walmart and online at Amazon.com, Babiesrus.com, Costco.com and Walmart.com the CPSC said.

Stork Craft Manufacturing's name, address and contact information, are located on the assembly instruction sheet, which is attached to the mattress support board. Some models also have the company enscribed on the teething rail.

Customers can contact Stork Craft at (866) 361-3321 to receive a free replacement kit. The company also can be reached online at www.storkcraft.com.

The CPSC also offers general crib safety tips, which parents can find here.

Continue reading "Southwest Florida parents warned of dangerous, defective baby cribs" »

January 19, 2009

Florida motorists, parents should check child seats to prevent injury

More than 30,000 child safety seats are being recalled this month, according to the National Highway Traffic Safety Administration, which warns the seats may fail to properly secure young passengers in the event of an auto accident.

Florida accident attorneys, defective product lawyers and child injury attorneys at Associates and Bruce L. Scheiner, Personal Injury Lawyers urge parents to check their child seats to see if they are part of the recall and to make sure they are otherwise in proper working order.

Click here to enter your zip code into a national database for the nearest location for a safety seat inspection by a qualified professional. Such inspections are available free at many fire stations and hospitals throughout Southwest Florida, including Lee County, Charlotte County and Collier County.

The current recall affects 31,392 Britax Frontier child restraint systems. The child safety seats could fail to properly secure young passengers in the event of a crash, according to the NHTSA.

"It is extremely important that parents and caregivers are aware of the recall and take action to get their child restraints repaired," said NHTSA Acting Administrator David Kelly.

Britax is recalling the seats because the harness straps may detach from the metal yoke on the back of the child restraint if repeatedly loosened one strap at a time. Affected models include the Britax Frontier models E9L54E7, E9L54H6, E9L54H7, and E9L54M6 manufactured on or before Sept. 14, 2008 and model E9L5490 manufactured on or before Sept. 17, 2008.

Click here for more information about the recall.

The NHTSA also encourages parents and caregivers to sign-up to receive updates about child seat recalls via e-mail. The agency's research shows that less than half of affected consumers respond to recalls.

"One of the reasons we see such a low return rate is because owners are difficult to reach if they have not registered the seat with us or the manufacturer," said Kelly.

Consumers can sign-up for recall notifications from the federal government by visiting www.safercar.gov and clicking on the “E-mail” or “RSS” option to register. Consumers with questions about this or any other safety recall campaign may call NHTSA’s toll-free Vehicle Safety Hotline 1-888-327-4236 (TTY: 1-800-424-9153).

Continue reading "Florida motorists, parents should check child seats to prevent injury" »

January 7, 2009

Pool rules, awareness seek to prevent drowning in Southwest Florida

The new year brings new rules for public and semi-public swimming pools as authorities seek to reduce swimming pool accidents and drowning risk during Southwest Florida's prime tourist season.

The attorneys and staff at Associates and Bruce L. Scheiner, Personal Injury Lawyers wish everyone a safe and happy winter season but want to remind visitors and residents alike that the winter months often bring increased danger of accidental drowning.

Florida has the highest drowning rate for small children of any state in the nation. Last spring, in Cape Coral alone, five people drowned and three others were hospitalized. For children under 5, Florida drowning rate is twice the national average, with most deaths occurring in residential swimming pools.

Nationally, drowning is the second-leading cause of accidental death for children under 14.

“I think a lot of times it’s just those few moments when a pool gate was left open or a sliding glass door was left open,” pediatrician Dr. Stan Wiggins told NBC-2 recently. Wiggins said it is especially important for grandparents to make sure their pool area is secure when children come to visit.

Pediatricians also advise parents, grandparents and care givers to learn child and infant CPR.

The new year also brings with it new laws requiring safer pool drains and systems designed to reduce the risk of entrapment. On Dec. 19, the Consumer Product Safety Commission began requiring the improvements on hotel, apartment and condo pools.

Lee County ranks fourth in the state for the highest number of residential swimming pools. In fact, the recent real estate boom brought more new residential swimming pools to Fort Myers, Cape Coral, Lehigh Acres, Bonita Springs and the surrounding area than anywhere else in Florida.

Newer swimming pools must include certain mandatory safety features, including a pool surrounding at least 4-foot tall, self-closing and self-locking pool entries and door and window alarms between the home and pool area.

Pool owners – whether hotel, home or condo – have certain legal responsibilities.

Continue reading "Pool rules, awareness seek to prevent drowning in Southwest Florida" »

December 18, 2008

Florida tainted toy settlement a reminder of dangerous, defective products during holidays

The State of Florida is set to receive $587,000 as part of a multi-state settlement with toy maker Mattel Inc. and its subsidiary Fisher-Price Inc. after allegedly producing toys with unacceptably high levels of lead paint.

The holidays are a time when we all bring new purchases into our homes. The defective product attorneys and product liability lawyers at Associates and Bruce L. Scheiner, Personal Injury Lawyers, want to remind you that companies have a duty to ensure that the products they market to consumers are free from defects that could cause serious injury or death.

Yet each year it is estimated more than 33 million people are injured by defective products at a cost to the economy of more than 800 billion.

In this instance, August 2007 to October 2007, the U.S. Consumer Product Safety Commission recalled 2 million of the company's toys, alleging they contained excessive levels of lead in accessible surface coatings.

Excessive levels of lead may cause a variety of health problems, from learning disabilities and behavioral problems, to seizures and death, according to the Environmental Protection Agency.

The agreement reached by the Attorney General requires better standards for accessible lead and applies to toys manufactured by the company after Nov. 30, 2008.

Continue reading "Florida tainted toy settlement a reminder of dangerous, defective products during holidays " »