About eighty percent of pools not in compliance with new safety law.

The Wall Street Journal (1/20, Athavaley) reports, "The bulk of the country's public swimming pools are in violation of a new federal safety rule aimed at keeping people from becoming trapped in underwater drains, and some pools have begun closing down temporarily while they scramble to comply with the law." The Journal says, "About 80% of the country's roughly 300,000 public pools and spas, located in communities, hotels and fitness centers, still need to retrofit their facilities to meet the new requirements, which took effect last month, according to the National Swimming Pool Foundation, a nonprofit group that promotes aquatic education" and "pool operators complain that the new, safer drain covers required by the law didn't hit the market until the fall and continue to be in short supply." A few pools have closed out of fear of legal liability.

 

 

Cribs, baby clothes recalled

The Wall Street Journal reports, "Stork Craft Baby Manufacturing Inc. and federal regulators in the U.S. and Canada recalled more than one million cribs Tuesday because of metal support brackets that can break, the latest in a rash of crib recalls linked to hardware problems that have led to infant deaths or injuries." The issues involving "U.S. crib safety have spurred the recalls of more than three and a half million units in the U.S. since September 2007, many prompted by reports of babies being strangled or injured in cribs with malfunctioning or missing hardware." According to regulators there has been "one toddler injury and 11 incidents of malfunctioning hardware." The AP added that in addition to the cribs, "about 16,000 Taggies Sleep'n Play baby garments, made in China and imported by Rashti & Rashti of New York," have been recalled "because the snaps on the garments can detach, posing a choking hazard to young children."

Jury Awards $3.5 Million in Chevy Blazer Rollover Case

A Federal Jury recently found GM liable for a rollover accident that killed a 14-year-old boy and awarded $3.5 million in damages.  The boy was riding in a 1995 Chevy Blazer.  Plaintiff’s lawyer demonstrated to the jury that the Blazer’s track width was too narrow to support its height, making it unstable and prone to rollovers.  http://www.law.com/jsp/article.jsp?id=1202422377390

 

Similar claims have been made and proven with respect to other SUVs, including the Ford Explorer and Toyota 4-Runner.

 

 

 

 

Amusement Park Injuries

The recent story about a news reporter's injury while trying out a new ride at Lost Valley, a ski area in Auburn, Maine, raises all of the issues associated with cases against amusement parks. First, neither the host site nor the ride manufacturer had sought a license for the new ride, and both claimed that they "didn't know" that either a license or a safety inspection of the ride were required. Second, the ride a Zorb, is a new form of attraction, at least in the USA. The basic idea is that the riders are sealed inside an inflated, clear plastic ball and rolled downhill. The problem is that the ride idea, the downhill course at Lost Valley, the seller of the ride (apparently), and the park owner were all new. The reporter fractured her back on a test ride (made available for publicity) before the park even opened. With little operating experience to draw on, those responsible for the safety of riders made a string of horrible decisions. Hindsight may be 20/20, but it wouldn't have taken much foresight to guess that the unlicensed, uninspected, ride down a new course with new equipment and new operators might bring trouble. The third point to be made about this case and all other amusement park cases is that while the negligence of the operator may stand out clearly from the beginning, it is important to remember the product liability piece of the case, too. What standards have been promulgated by the amusement industry for this ride? What design analysis did the seller undertake with respect to not only the vehicle/safety restraints aspect of the ride but also the track or ridepath? What instructions, warnings and on-site testing were provided? Product defect theories may be very important, because they can survive comparative fault and "release" arguments that may be made by the ride operator. Release may be an issue where the rider buys a ticket that includes a release of liability.

Lead In Toys - New Studies Help Prove Damages

There has been a spate of recent recalls of toys and other children's products due to high lead levels. Two recent studies provide new proof of the danger in lead exposure during childhood. The studies, and a commentary by David C. Bellinger of Harvard Medical School, can be read in the May 27, 2008 edition of PLoS Medicine, and can be seen at http://medicine.plosjournals.org/perlserv/?request=get-document&doi=10.1371/journal.pmed.0050115
The studies used data collected in poor neighborhoods in Cincinnati beginning in 1979. Blood samples from pregnant mothers and their children were tested for lead levels over several years, and then the children were followed into early adulthood. The first study evaluated brain size in the young adults, and concluded that higher childhood lead levels could be correlated with smaller brain size. The second found that as childhood lead level increased, total arrests and arrests for violent crime also increased. The brain size study is the first to use brain imaging technology to show the harm associated with lead poisoning. Both studies may be helpful in proving damages in lead exposure cases.

ski binding release failure

When considering a ski binding failure case:

-always suspect the retailer/ski shop first. If there is a problem it is likely to be an adjustment problem;

-never put the ski boot into the binding as an informal "test" of the system. You may alter or destroy important information about the condition of the boot/binding interface;

-preserve the evidence by storing skis and boots in separate bags so that important parts do not scrape, rub or bang together;

-try to locate exemplar boots, skis and bindings and buy them for test purposes;

-screen potential experts carefully;

-consider the seriousness of the injuries. What would it really take to help the client? These can be expensive cases to pursue.

IIHS Roof Strength Study and Testimony

The Insurance Institute for Highway Safety has released information confirming what plaintiff's lawyers have argued for years: passengers are safer in rollover accidents when the vehicle's roof does not crush, or intrude into the passenger space. In testimony before Congress and in reports issued in May and June of 2008, details are provided about studies that show how roof strength reduces injuries in rollover accidents involving sedans and SUVs. See the testimony of Stephen Oesch at http://www.iihs.org/laws/testimony/pdf/testimony_2008-06-04.pdf