San Diego Personal Injury Lawyers Blog

Most of us have heard about the McDonald's hot coffee lawsuit wherein the victim recovered millions of dollars for a coffee spill in her lap. The word "frivolous" comes to mind. The reality is this. Americans are being duped by myths and falsehoods spread by insurance companies and corporations, who have spent millions of dollars to mislead the American public.

The Facts Tell A Different Story

Unfortunately, the case's facts are no laughing matter. Stella Liebeck sustained third-degree burns to her groin, inner thighs, and buttocks. She was hospitalized for eight days, and underwent numerous skin grafts and surgical removal of damaged tissue.

This Is What Really Happened

Ms. Liebeck tried to settle her claim with McDonald's for $20,000.00, but management refused. At trial, McDonald's grudgingly identified more than 700 victims burned by its coffee between 1982 and 1993, some involving third-degree burns like Ms. Liebeck's. McDonald's clearly knew about the hazard. Its coffee was heated to a scalding 185 degrees, even though beverages served above 140 degrees are considered to be a burn hazard.

The jury awarded Ms. Liebeck $200,000 in compensatory damages, but then reduced the amount to $160,000, because they found her to be 20% at fault for the coffee spill. The jury also awarded her $2.7 million in punitive damages (equal to two days' worth of McDonald's world-wide coffee sales). This amount was eventually reduced to $480,000. The trial judge said that McDonald's conduct was reckless, willful, and callous. Jurors expressed similar sentiments in post-trial interviews. Ms. Liebeck and McDonald's eventually entered into a post-verdict settlement.

Continue reading "McDonald's Hot Coffee Lawsuit Revisited ~" »

Today, the U.S. Consumer Product Safety Commission announced a voluntary recall of the following consumer products. Consumers should stop using these products immediately, unless otherwise instructed.

Product: Full-Size & Portable Drop-Side Cribs

Units: Approximately 22,000

Importer: Dream on Me, Inc. of Piscataway, New Jersey

Hazard - Full-Size Cribs: The drop-side rail hardware can break or fail, allowing the drop side to detach from the crib. When the drop-side rail partially detaches, it creates a space between the drop side and the crib mattress. An infant or toddler's body can become entrapped in the space, which can lead to strangulation and/or suffocation. A child can also fall out of the crib.

Hazard - Portable Cribs: The drop-side rail hardware can break or fail, allowing the drop side to detach from the crib or fall unexpectedly. In addition, the portable crib mattress support hardware and the drop-side release latch can break easily, and the slats can loosen or break and detach from the crib. Children can also cut themselves on exposed hardware inside the cribs.

Description: The cribs are drop-side wooden cribs, painted or stained in black, cherry, dark brown, natural, white, and pink.
* Full-Size Cribs: Models 613, 615, 616, 617, 619, 628, and 639 are included in this recall. The model number and "Dream on Me Inc." are printed on a label located on the inside of one of the end panels. The label lists a manufacture date between January 2006 and December 2009.

* Portable Cribs: The cribs are smaller than full-size cribs and the ends fold in to facilitate portability. Model numbers 621, 625 and 627 are included in this recall. The model number and "Dream on Me Inc." are printed on a label located on the mattress board. The label lists a manufacture date between August 2007 and February 2009. Sold at Toys R Us, Walmart & Target stores nationwide and online at Amazon.com. The full-size cribs were sold from January 2006 to December 2009 for about $200. The portable cribs were sold from September 2007 to December 2009 for about $150.

Remedy: Consumers should immediately stop using these cribs and contact the company.

* Full-Size Cribs: Consumers will be given a free kit that will immobilize the drop side. Kits will be available beginning June 30, 2011.

* Portable Cribs: Consumers can receive a free replacement portable crib with fixed sides. Replacement cribs will be available in mid-July 2011.

For additional information, contact the firm toll-free at (877) 201-4317 between 9 a.m. and 4:30 p.m. ET Monday through Friday, or visit www.dreamonme.com

Continue reading "Safety Recall ~ Dream on Me Cribs ~" »

On April 7th, the U.S. Consumer Product Safety Commission announced a voluntary recall of P.Jamas children's sleepwear.

Hazard: The garments fail to meet federal flammability standards for children's
sleepwear, posing a risk of burn injury.

Description: This recall involves all styles of P.Jamas brand name children's
sleepwear, including nightgowns and two-piece shirt-pant sets sold in children's
sizes XS through XL. A label with the name P.Jamas in blue lettering on
a white background is sewn onto the back center of the garments. The children's
sleepwear is 100 percent cotton woven or knit fabric. They are sold in a
variety of pastel colors in solid, stripe, or plaid patterns. Some of the nightgowns are
hand smocked and some of the pajamas are trimmed in piping or rickrack.Places Sold: Boutique shops nationwide and the www.p-jamas.com website from January 2006 through October 2010 for between about $50 and $100.

Remedy: Consumers should stop using the recalled sleepwear immediately and
return the product to the retailer where purchased for a full refund.

Consumer Contact: For additional information, contact P.Jamas toll-free at (888)
554-6495 between 9 a.m. and 5 p.m. ET Monday through Friday, visit the company's
website at www.p-jamas.com, or email contactus@p-jamas.com.

Continue reading "Safety Recall Of P.Jamas Children's Sleepwear ~" »

The U.S. Consumer Product Safety Commission and Health Canada, in cooperation with Infantino LLC of San Diego, today announced a voluntary recall of Troy the Activity Truck.

Approximately 40,500 trucks were distributed in the United States, and 1,900 trucks were distributed in Canada.

Hazard: The plastic beads on the activity truck's bead runs can detach ~ posing a choking hazard to young children.

Incidents/Injuries: Infantino has received 28 reports of the plastic beads
detaching from the bead runs on the activity trucks, including two reports of
young children gagging on the plastic beads.

Description: This safety recall involves "Troy the Activity Truck," which is blue, red, and yellow with plastic star, circle, and heart beads attached to the bead runs
on the back of the truck. The truck contains a face on the front. "Infantino" is printed on
the front of the toy truck. Model number 153-210, 206-110, or 506-110C is printed
underneath the truck. When the switch on the truck is turned on, the truck plays music and the back wheels spin.

Sellers: Babies R Us, Toys R Us, Meijer, TJ Maxx, Marshalls and other toy stores nationwide from September 2009 through February 2011 for about $15.

Remedy: Consumers should immediately take the recalled toy away from children
and contact Infantino to receive a free replacement toy.

For additional information, contact Infantino toll-free at (888) 808-3111 between 8 a.m. and 4 p.m. PT Monday through Friday, or visit the firm's website at http://service.infantino.com.

Continue reading "Safety Recall ~ Infantino's Troy The Activity Truck" »

The U.S. Consumer Product Safety Commission and Burlington Coat Factory recently announced a voluntary recall of its Bella Kitchen 5-quart programmable slow
cookers. The control panel may overheat and melt, posing a fire hazard to consumers.

Units sold: Approximately 7,460

Retailer: Burlington Coat Factory of Burlington, New Jersey

Importer/Distributor: Lehrhoff ABL of Carlstadt, New JerseyThe manufacturer has received 60 reports of the control panels smoking, melting and sparking, and three reports of panels catching fire. Fourteen incidents resulted in minor damage to countertops. No injuries have been reported.

Description: The slow cookers are black with "Bella Kitchen" printed on the control
panel. Only slow cookers with model number WJ-5000DE and date codes 0907 or 0909
are included in the recall. The model number and the four-digit date code are
printed on a label on the underside of the slow cooker.

Sold at: Burlington Coat Factory stores from June 2010 through December 2010 for
$20.

Manufactured in: China

Remedy: Consumers should stop using the slow cooker immediately, unplug it, and
return it to Burlington Coat Factory for a full refund or store credit.

For more information, visit the firm's website at http://www.burlingtoncoatfactory.com.

Continue reading "Safety Recall Of Slow Cookers Due To Fire Hazard ~" »

Do you have photoelectric fire detectors or ionization smoke alarms in your home? In case of a home fire, one may save you and the other may not. According to a 1994 study at Texas A&M, it was determined there is a 4% probability of a photoelectric detector failing to detect a smoldering fire, while there is a 56% probability of failure by an ionization detector in the same fire condition.

This doesn't seem possible, does it? After all, you would think that having a new battery in your smoke detector and testing it to ensure that it is in proper working order, that you and your family should be safe, right? Possibly not! There is compelling research-based
evidence which demonstrates that ionization-type detectors are ineffective in smoldering type fires, which are the most common cause of fatalities in home fires. In fact, tests have shown that ionization type smoke alarms aren't triggered and therefore don't sound - even after the level of carbon monoxide and smoke reaches deadly concentrations. Numerous documented residential fire deaths have occurred with installed ionization type detectors. Had there been a properly installed photoelectric detector in those situations, an alarm would have sounded to warn the occupants.

One of the reasons for the difference in the performance of these two fire detectors is in the way they're activated.

Ionization Detectors

The ionization smoke detectors use an ionization chamber and a source of ionizing radiation to detect smoke. This smoke detector is more commonly used because it is inexpensive.

Photoelectric Detectors

Photoelectric smoke alarms contain a light source and a light-sensitive electric cell. Smoke entering the detector deflects light onto the light-sensitive electric cell, triggering the alarm. These alarms are more sensitive to large particles given off during smoldering fires, such as an electrical fire - the kind of fire that usually occur at night when people are sleeping.

For many years, authorities have urged homeowners to install smoke alarms without consideration to the type of potential fire ignition or the quality of smoke detection. This was based on the urgency to equip all homes with smoke detection with what was readily available on the market.

It's no surprise, then, that more than 90% of homes in the United States only have the ionization detection technology, leaving those occupants vulnerable to the most common and deadly type of fire.

To ensure your family gets the early warning they need to survive the toxic gases of a smoldering fire, install photoelectric smoke alarms immediately in and outside sleeping areas. They cost a bit more than the ionization detector, but are now readily available at local home improvement and hardware stores.

Don't forget to test your smoke alarms monthly and change alkaline batteries at least once per year, or as instructed. Using a familiar date (such as your birthday or when you change your clocks) is helpful in remembering to do this.

Along with properly installing and maintaining new and existing smoke alarms, develop and practice an escape plan that includes two ways out of every room, so that everyone in the home knows what to do if the smoke alarms sounds. Home occupants who practice an escape plan reduce their time to escape in every type of fire.

For more information about this important issue, watch the series "Stop The Children Burning" on youtube.com.

Sources: The Safety Report, www.live-safe.org.

Continue reading "Choosing The Proper Smoke Alarm Can Save Your Life ~" »

The U.S. Consumer Product Safety Commission & Rocking Horse Depot (of Buckeye, Arizona) recently announced a voluntary recall of rocking horses. Consumers should stop using the recalled product immediately.

Recalled Product: Rocking HorsesUnits Sold: Approximately 1,200

Hazard: The reins on the rocking horse bridle are long and may form a loop around a child's head and neck, posing a strangulation hazard.

Description: This recall involves Rocking Horse Depot's small, medium and large rocking horses with bridles. The rocking horse has a hardwood frame and is covered with synthetic hide. Each rocking horse has fluffy mane and tail, and a leather Rocking Horse Depot emblem on the right side of the saddle.Retailer: RockingHorseDepot.com (sold from November 2006 through December 2009 for between $105 and $185).

Remedy: Consumers should immediately remove or cut the reins off in order to eliminate the hazard. Consumers may also contact Rocking Horse Depot for instructions on how to remove the reins.

Consumer Contact: For more information, please contact Rocking Horse Depot collect at (623) 302-6313 between 9 a.m. and 5 p.m. MT Monday through Friday, or visit the firm's website at www.rockinghorsedepot.com.

CPSC is interested in receiving incident or injury reports that are either directly related to this product recall or involve a different hazard with the same product. Please visit its website: https://www.cpsc.gov/cgibin/incident.aspx.

Continue reading "Nationwide Safety Recall Of Rocking Horses ~" »

IKEA, the U.S. Consumer Product Safety Commission, and Health Canada recently announced a voluntary recall of the following consumer product. Consumers should immediately stop using the recalled product.

Name of Recalled Product: RUND clear glass mugs
Units Distributed: About 13,000 (an additional 115,000 were sold outside the U.S., including 3,000 in Canada)

Distributor: IKEA Home Furnishings of Conshohocken, Pennsylvania

Hazard: The inner walls of the double-walled glasses may break during use, which poses a laceration hazard to consumers.

Description Of Mug: This recall involves the RUND clear glass mug sold in sizes 4cl, 21cl, and 40cl. The mug is handmade of double-walled glass. "Hand Made Quality" is printed on a small transparent sticker on one side of the mug. Article numbers and supplier numbers listed below are located on the package. All sizes were sold in two-packs. Article and supplier numbers included in the recall are:

Mug Size Article Number Supplier Number
4cl 301-551-37 16790
21cl 301-496-79
40cl 501-496-78

The mugs were sold exclusively at IKEA stores in the United States between October 2009 and March 2010 at a cost of approximately $5 to $10.

Consumer Contact: For additional information, contact IKEA toll-free: (888) 966-4532 or visit the firm's website at www.ikea-usa.com.

Continue reading "Glass Mug Recall Due To Laceration Hazard ~" »

Last month, the Consumer Product Safety Commission (CPSC) unanimously outlawed the manufacture, sale, and re-sale of drop-side cribs, due to the deaths of over thirty infants and toddlers in the past decade, and millions of crib recalls.

The drop-side cribs have a side rail which moves up and down, which allows parents to more easily lift their baby or toddler from the crib. However, babies can get caught and then suffocate or be strangled due to the dangerous "V"-like gap between the mattress and side rail.

The new standard requiring cribs to have fixed sides will take effect in June 2011. Hotels and childcare centers have one year to purchase new replacement cribs in order to be in compliance with the new regulation.

Around for decades, these drop-side cribs have come under scrutiny in recent years because of malfunctioning hardware, sometimes cheaper plastics, or assembly problems that can lead to the drop-side rail partially detaching from the crib, causing the "V"-like gap.

The new standard also mandates tougher safety testing of cribs, tests that more closely simulate a child in a crib. As children get older, they can apply more force to the crib by shaking on it, running around in it, and jumping up and down. The new tests will ensure that the cribs can withstand that kind of pressure.

Also required - better labeling on crib pieces. This measure aims to cut down on the misassembly problems that some parents have encountered - problems that can lead to the death of a child.

For those parents who lost their children in drop-side cribs, last month's ban couldn't have come soon enough.

For more information, visit www.

Source: Consumer Product Safety Commission

Continue reading "Safety Recall Of Drop-Side Baby Cribs ~" »

The U.S. Consumer Product Safety Commission (CPSC) has voted unanimously to approve new mandatory standards for full-size and non-full-size baby cribs as mandated by the Consumer Product Safety Improvement Act of 2008 (CPSIA). The federal crib standards hadn't been updated in almost 30 years, so the new rules are expected to help create a safer generation of cribs.

Effective June 2011, cribs manufactured, sold, or leased in the United States must comply with the new federal standards. Effective 24 months after the rule is published, child care facilities, such as family child care homes and infant Head Start centers, and places of public accommodation, such as hotels and motels, must have compliant cribs in their facilities.

Once effective, the mandatory crib standards will: (1) stop the manufacture and sale of dangerous, traditional drop-side cribs; (2) make crib hardware more durable; (3) make mattress supports stronger; and (4) make safety testing more rigorous.

The CPSC has recalled more than 11 million dangerous cribs since 2007. The detaching drop-side rails were associated with at least 32 infant suffocation and strangulation deaths since 2000. Additional deaths were caused by faulty or defective hardware. The new standards aim to keep babies safe and prevent tragedy.

For more information on crib safety and safe sleep environments for babies, visit the CPSC's crib information center at: www.cpsc.gov/info/cribs/index.html.

Continue reading "CPSC Approves New Crib Safety Standards To Ensure A Safe Sleep For Babies & Toddlers ~" »

L.L. Bean and the U.S. Consumer Product Safety Commission have just announced a voluntary recall of folding camp rockers (which have a fabric cover and a steel frame). Consumers are urged to stop using the rockers, because the plastic anchors attaching the fabric seat back to the frame can break, posing a fall hazard.Rocker chairs with the number RNR113 and RNR114 listed on the white tag under the seat are included in the recall. However, folding camp rockers with fabric anchors are not included in this recall.

The chairs were sold exclusively at L.L.Bean stores nationwide, llbean.com, and through the L.L.Bean catalog from April 2009 through July 2010 for about $50.

Remedy

Consumers should immediately stop using the recalled rockers with plastic anchors and contact L.L.Bean to receive a free replacement rocker. For additional information, contact L.L.Bean at (800) 555-9717 or visit the firm's website at www.llbean.com/recall.

Continue reading "L.L. Bean Recall ~ Folding Camp Rockers" »

The following is a guest blog from Bonnie Ryan of designer baby bags for mums:

Do you know the way to distinguish the "Musts" from the "Shoulds" for your newborn safety equipment?

Have you ever made your checklist? Here are the baby-proofing items that should be at the must-have tippy top.

I recognize that we don't all have hundreds of dollars in order to throw down the all-critical childproofing budget gap. To help the safety of the serious yet financially fainthearted, I've labeled them into the "musts," meaning that you should not care where you get them, but good parenting requires them.

For those who have more than 1 kid (or are easily distracted), consider the more distractions you have in your house, the more distractable you are, the more important your baby-proofing is.

Right here (in order of importance) 9 baby proofing items you "must" have to keep your baby safe:

1 A Good Gate: Even if you reside in a ranch-style home or even an apartment with no stairs, there will be rooms or areas you won't want your baby wandering into, so a good gate is absolutely a must-have babyproofing purchase.

2 A Blind Winder: The number of babies strangled every year due to dangling blind and shade cords is devastating. In fact, the Consumer Product Safety Commission lists cords among the "hidden dangers" parents do not think of. There are numerous inexpensive blind winders out there, but if you have to hand re-wind the cord immediately after every use, then you won't use it.

3 Anti-Tip Anchors: If you have a climber (or prospective climber) on your hands, furnishings straps are a must. Whether it's a dresser or a bookshelf, attach these heavy pieces of furniture to the wall with anti-tip bands to avoid the furniture from tipping over.

4 Fireplace Safety: Hard stone around the fire hearth can be very harmful with little ones around. Its sharp edges and rough stone corners can cut, and also seriously hurt a tripping child. You have to choose one of the several good hearth bumper pads available in the marketplace.

5 Corner Edge Bumpers: You can cover the corners of your end-tables and coffee tables with corner and side guards. One-size-fits-all because you reduce the foam to fit your particular table precisely.

6 Outlet Covers: For used outlets with cords, you can acquire a cover that may prevent your baby from unplugging the cord and messing with the wall plug. They are best for higher-traffic areas where you will be inserting and un-plugging items regularly.

7 Childproof Latches For Cabinets And Drawers: Drawer latches are also a necessity-have for childproofing your home. They will prevent your growing infant from hitting intact drawers with sharp or small items stored within. Ideal for the kitchen, bathroom, or home office. Choose childproof latches that won't let your little one to have even a hand inside.

8 Railing Net: Stair as well as railing nets are also a must if your railing spindles are further than 2.5 to 3 inches apart.

9 Bath Tub Safety Items: Bath-time is always exciting for a growing baby. Keep him/her secure by using some of these little accessories.

These are the most critical baby safety gear items out there. Consider them as an essential investment you will make in the years of growth and exploration still ahead of you.

About the Author

Bonnie Ryan is writing for the designer baby bags for mums weblog, her personal hobby blog focused on guidelines to help moms and dads to get information to become a lot more eco-conscious and make their own eco-friendly baby diaper bags.

Continue reading "Here Are Nine Proven Techniques To Help Parents Avoid The Invisible Problems That Keep Children Quite Unsafe ~" »

The U.S. Consumer Product Safety Commission announced a voluntary recall of Pumpkin, Ghost and Skull Halloween Lanterns. Consumers should not use these products. Approximately 682,000 lanterns were sold at Dollar Tree, Dollar Bill$, Occasions, Deal$, and Dollar Tree Deal$ stores nationwide from August 2010 to October 2010 for about $1.00.Hazardous Condition

The bulb in the battery-operated lanterns can overheat, posing a fire and burn hazard.

The lanterns are about 6-1/2 inches tall and were sold in orange, black, and white. The model number (954437-13096-003-1005) is printed on the bottom of the lanterns.

Remedy

Consumers should take the recalled lanterns away from children immediately, then remove and properly discard the batteries. Consumers may return the lanterns to the store where purchased for a full refund.

Consumer Contact

Contact Dollar Tree Stores, Inc. at (800) 876-8077 between 9 a.m. and 5 p.m. ET Monday through Friday, or visit the firm's website at www.dollartree.com.

Continue reading "Safety Recall Of Halloween-Themed Lanterns ~" »

Toyota has announced another recall of 1.53 million cars globally. Of these, 740,000 are located in the U.S. The Lexus, Avalon, and other models are being recalled due to brake fluid and fuel pump problems. This recall is the latest in a string of "quality lapses" for the world's number one auto maker.

Toyota Motor Corporation is recalling about 740,000 cars in the U.S. and 599,000 in Japan. The remainder are in Europe and other markets around the world.

Over the past year, more than 10 million cars and trucks worldwide for a variety of problems ~ from braking problems in its Prius hybrid to faulty gas pedals and floor mats that can trap accelerators. In August, Toyota recalled 1.33 million Corolla sedans and Matrix hatchbacks in the U.S. and Canada because of the potential for their engines to stall.

This most recent recall involves a problem with the brake master cylinder which could lead to weaker braking power. Some models in Japan and elsewhere - but not in North America - have an electrical problem with the fuel pump which could cause the engine to stall. As of yet, no accidents have been reported from the two defects.

The recall decision was made under Toyota's new quality control regime which was implemented during the last several months in response to criticism that the company was slow in handling the onslaught of safety problems earlier this year.

Continue reading "Another Toyota Safety Recall Announced ~" »

The U.S. Consumer Product Safety Commission & Munchkin, Inc. of North Hills, California, have announced today a voluntary recall of the "Bathtub Sub" children's submarine toy. Consumers should stop using this recalled product immediately.

Hazard Involved

The intake valve located on the bottom of the submarine toy can pull a child's skin away from his/her body and into the suction valve, posing a laceration hazard.

Incidents/Injuries

The CPSC and Munchkin, Inc. are aware of nineteen incidents of lacerations to boys' genital area while bathing.

Remedy

Consumers should contact Munchkin for instructions on how to return the product for a free
replacement toy: http://www.munchkin.com.

Continue reading "Bathtub Toys Recalled By Munchkin Due To Injury Risk ~" »