St. Louis Injury Lawyer Blog

Macy's Inc. recently agreed to pay a civil penalty of $750,000 after the U.S. Consumer Product Safety Commission (CPSC) accused the company of failing to report they been selling children's sweatshirts, sweaters and jackets with drawstrings at the neck between 2006 and 2010. The CPSC reports that Macy's knowingly kept the items up for sale after the warning had been issued.

Children's upper outerwear that comes with drawstrings poses a strangulation hazard to children that can result in death serious injury to children in Missouri and elsewhere. Items that have these drawstrings include sweatshirts, sweaters and jackets.

Our St. Louis personal injury attorneys understand that federal law requires manufacturers, distributors and retailers to report back to CPSC within 24 hours after receiving information reasonably supporting the conclusion that a product contains a defect. Most times these defects can create a substantial product hazard, can create an unreasonable risk of serious injury or death or if they fail to comply with any consumer product safety rule or any other rule, regulation, standard or ban.

These sweatshirts, sweaters and jackets that were the subject of the penalty agreement were sold by Macy's and Macy's-owned stores, including Bloomingdale's, and Robinsons-May between 2006 and 2010.

It's not all bad news, though. Last week marked the first week that consumers would start seeing a whole new generation of safer cribs for sale at local and national retail stores. Back in December of 2010, the CPSC voted to approve new mandatory crib standards, establishing the strictest crib safety standards in the world.

Starting last week, all importers, distributors, manufacturers and retailers are required to offer only child cribs that meet the CPSC's new full-size and non-full-size crib standards.

Some of the new mandatory rules for cribs include:

• Stopping the manufacture and sale of dangerous, traditional drop-side cribs.


• Strengthening mattress supports and crib slats.


• Requiring crib hardware to be more durable.


• Making safety testing more rigorous.

"A safe crib is the safest place for a baby to sleep. It is for this reason that I am so pleased that parents, grandparents and caregivers now can shop with confidence and purchase cribs that meet the most stringent crib standards in the world," said CPSC Chairwomen Inez Tenenbaum. "From the start, our goal has been to prevent deaths and injuries to babies in cribs, and now the day has come where only stronger and safer cribs are available for consumers to purchase."

Since 2007, the CPSC has recalled more than 11 million dangerous cribs. Drop-side cribs with detaching side rails were reportedly associated with more than 30 infant suffocation and strangulation deaths since 2000. A number of deaths have also occurred because of faulty or defective crib hardware. These new standards were put into effect in an attempt to prevent these tragedies and keep children safer in their cribs.

Starting in December of 2012, all child care facilities will be required to use only cribs that comply with the new crib standards. This includes family child care homes and infant Head Start centers and places of public accommodation, including hotels and motels, and rental companies.

Continue reading "CPSC Cracks Down on Faulty Products to Prevent Child Injury in Missouri and Elsewhere" »

Car accidents continue to be the number of cause of death for teenagers. Their inexperience behind the wheel makes them extremely vulnerable for a car accident in St. Louis. As parents, we want to do everything in our power to keep our children safe, especially when they get their driver's license.

In 2009 alone, there were nearly 2,500 drivers aged 15- to 20-years-old that were killed on our roadways. Another 196,000 suffered injuries from traffic accidents during the same year. There were more than 5,000 drivers of this age group involved in fatal police-reported traffic accidents throughout that entire year.

Our Missouri personal injury attorneys understand that parents may have tons of questions regarding how to go about getting their teen driver on the road safely. Don't worry because we're here to help. Picking out your teen's first vehicle can be a simple process, if you know what you're looking for. Remember, be realistic!

"I see these young, inexperienced drivers in Mustangs, BMWs, and large SUVs. These automobiles are big, powerful and difficult to control for even experienced drivers. In the hands of a new driver, they can be deadly weapons," says LeeAnn Shattuck, co-owner and chief car chick with Women's Automotive Solutions.

Do I buy new or used?

Financially speaking you're better off purchasing a used car and safety-wise you're fine with a used car as well. With a certified pre-owned vehicle, you will still get the benefits of a new-car like warranty. You can even get some excellent financing rates.

"A first time driver doesn't need a new car, but of course they want one," says Lori Mackey, president of Prosperity4Kids. "The depreciation, probability of fender benders and the price tag [means new] is not the most logical way to go."

New cars will have all the latest safety bells and whistles, but late-model used cars will still come equipped with airbags, anti-lock brakes and electronic stability control. With a used car, your teen will less likely be overwhelmed by the car's power and performance.

"Buying a new car is insurance against breakdowns and repairs, regardless of the age or experience of the driver," says Bob Gritzinger, executive editor of AutoWeek.com.

Which type of cars do I consider?

This is when you need to take in some questions of distance: Will your child be driving back and forth from college? Will the car mostly be used locally? How often will they need to drive it?

At this point, you are urged to go over safety and crash-test information. You can access a plethora of this information on websites like the National Highway Traffic Safety Administration and the Insurance Institute for Highway Safety. You're also urged to check out J.D. Power and Associates for information regarding a vehicle's quality and reliability ratings from a ratings service such as J.D. Power and Associates.

"Choose a car with a responsive chassis -- one with good handling, quick steering and great brakes -- that takes advantage of a teen driver's naturally quick reaction skills," advises Gritzinger.

You never want to get them too small of a vehicle either. Smaller cars are more problematic as they're less likely to protect passengers as well in a front-end crash than a large vehicle would.

"Your teen is safest in a mid-sized sedan with a four cylinder engine, airbags and a good crash test rating," warns Shattuck.

You need to remember that there is no rush to go out and buy the first car you see. Take your time, do your research and find a car that will best fit your budget. Have fun and enjoy this moment with your teen.

"Having a car is not a birthright," says Gail Cunningham, spokesperson for the National Foundation for Credit Counseling, who raised four children. "Today's teens seem to think that they should have a car waiting for them in the driveway when they return home from the Motor Vehicle Department with their driver's license. If that's right for your family, fine. But don't be held hostage to peer pressure, and by that I mean from other families who are buying their teen a car."

Continue reading "Pick a Car to Keep Your Newly Licensed Teen Safe during a St. Louis Car Accident" »

The Lake of the Ozarks Water Safety Council has recently launched its "Designate A Captain" program to combat drunk boating over the upcoming Fourth of July holiday weekend.

Your risk of being injured on the water or being involved in a boating accident in Missouri greatly increases over the Fourth of July holiday weekend, according to Lake News Online.

"Sobriety checkpoints will be conducted to increase the boating public's awareness of the potential hazards of operating a boat while intoxicated, maximize enforcement efforts in deterring impaired boating, remove intoxicated boaters from Missouri waterways, and reduce fatalities and injuries through vigorous enforcement of Missouri boating laws," said Major Thomas E. Roam, director of the Missouri State Highway Patrol's Water Patrol Division.

Our St. Louis Personal Injury Attorneys understand that many residents and visitors will be hitting our local waters to celebrate the long weekend. We also understand that alcohol will be involved in many of these celebrations. We encourage all boaters to both celebrate and boat safely during the three-day weekend to avoid a serious or fatal accident.

The enforcement program is an annual effort that is coordinated with the Water Safety Council, Ameren Missouri and the Missouri Highway Patrol Water Division. These agencies use this time to promote safe boating on not only the lake but also on Missouri's waterways.

"Think Before You Sink: Wear A Life Jacket" is the theme of this year's program. The Designate A Captain program encourages all boaters to choose a boater that is not under the influence of alcohol to captain a boat.

According to Missouri law, boaters are prohibited from boating while intoxicated (BWI). This means that they cannot operate a vessel while intoxicated due to alcohol or any combination of alcohol, controlled substances or drugs. Since August 28, 2008, Missouri's blood alcohol concentration for BWI was lowered from .10 to .08. This is the same blood alcohol concentration limit for drivers.

This is how the Designate A Captain program works:

-Stop at one of the 50 participating businesses to pick up a boating key chain.

-Give this key chain to your designated boat captain, after they agree not to consume alcohol.

-Your designated captain can bring their key chain to any of the participating businesses and receive a free non-alcoholic drink.

In 2010, the use of alcohol was involved in nearly 350 boating accidents in the United States. It contributed to nearly 200 boaters deaths and nearly 300 boating injuries, according to the U.S. Coast Guard.

"It's a common sense approach to say that you don't want to be under the influence of alcohol when you're operating a boat or a car. You know, you have people on the road, you have people on the waterways, your ability to safely maneuver and handle your vessel can or cannot compromise the safety of other people," said Lieutenant Collin Bronson with the U.S. Coast Guard.

Residents may also be hanging out pool side, maybe even enjoying a barbecue during this long holiday weekend. There are a number of dangers lurking in these areas as well. Only by taking the proper safety precautions can you reduce the risks of an injury or a death on your pool deck.

Pool safety tips from the National Drowning Prevention Alliance:

-Always use the buddy system when swimming. Never swim alone.

-Always supervise children near or in a pool.

-Learn CPR and other rescue breathing techniques.

-Remove toys from in and around the pool when not in use.

-Keep your phone near the pool so that you never have to leave the pool to answer the phone and so that you can quickly call for help if needed.

-Keep a life-saving ring, shepherd's hook and CPR instructions near the pool.

-Never use flotation devices as a substitute for supervision.

-If a child is missing, always check the pool first.

-Don't use floating chlorine dispensers that look like toys.

-Do not consider children to be "drownproof" because they've had swimming lessons.

According to the Centers for Disease Control and Prevention, nearly 3,500 people died from unintentional drownings in the United States in 2007. This means that about 10 people died everyday because of these accidents. Drowning is the second leading cause of death for children under the age of 15. More than 55 percent of all drowning victims that were treated in emergency rooms required either hospitalization or a transfer to higher levels of care.

Injuries from these types of accidents can be severe. A nonfatal drowning can cause brain damage that may result in long-term disabilities. These types of disabilities can include memory problems, learning disabilities and permanent loss of basic functioning.

Continue reading "St. Louis Injury Lawyers Wish You a Safe and Happy Fourth of July!" »