You are here: Home / Archives for child safety

Toxic Chinese Drywall Problem More Extensive than Initially Reported

May 7, 2012 By

In the first decade of this century, the construction industry across Tennessee, North Carolina and the rest of the U.S. boomed. It was also during this time that millions of tons of sheetrock were imported from China.

According to the Chinese Drywall Complaint Center, it’s estimated over 500 million pounds of drywall (…or sheetrock) containing a variety of toxins were imported. Ordinarily, drywall for domestic construction is manufactured entirely in the U.S.  In response to increased demand though, the import of Chinese drywall began around 2001 and accelerated rapidly following the disastrous hurricanes in 2004 and 2005 (…especially Hurricane Katrina).

By all available evidence, import of Chinese drywall ended in 2007 when the housing boom started to cool.

The damage was done though, especially in homes in the Deep South. Figures show Florida was the hardest hit state but the toxic drywall is considered to be a national problem. Any area with high heat and humidity – which we see plenty of here – can cause the toxic drywall to become a real nuisance, even real danger.

It’s also been reported that homes in Canada may have toxic drywall imported from China as well.

Toxic drywall can be quite noticeable if conditions are right. Laboratory samples have identified emissions of carbon disulfide, carbonyl sulfide and hydrogen sulfide – each are substances that pose tremendous hazards to human health.

These emissions smell like rotten eggs, which is certainly noticeable, and unpleasant.

Homeowners with toxic drywall have reported a variety of health problems, including asthma attacks, chronic coughing, difficulty breathing, chronic headaches and sinus issues.

Corroded A/C Coils

In the home itself, the toxic drywall causes all sorts of issues, many of which are found in copper wiring and components found in electrical wiring, A/C systems and even electronic devices like TVs and radios. Reactions with hydrogen sulfide cause copper components to turn black and powdery.

It’s even been reported that silver jewelry can be ruined by this reaction.

Absent of these reactions, the only way to find out if you have toxic drywall is to tear sections off and look on the other side of the drywall. It’s estimated that toxic drywall from 20 companies was imported into the U.S. between 2001 and 2008. Many of these companies, like Knauff-Tianjin, are currently facing several lawsuits.

If you discover your home has toxic Chinese drywall, it can cost thousands to repair. While some homeowners in Florida and elsewhere have received compensation, the process in quite chaotic, especially considering the lack of federal involvement in the issue.

If you’re looking to purchase a home built between 2001 and 2008, be sure you get a thorough inspection to insure the home doesn’t have toxic Chinese drywall. This is especially important if the home is a foreclosure.

And if you’re experiencing problems in your home and believe it’s due to toxic drywall, click on over to the Chinese Drywall Complaint Center for more information. There you can find sample letters to provide your lender and more about what to look for in your home.

While Tennessee and North Carolina hasn’t experienced the brunt of this problem, there are still many homes in our region that have this toxic substance. If you’ve been adversely affected, contact Tennessee product liability attorneys at Gilreath & Associates to discuss your options today.

Filed Under: Product Failures, Safety Tagged With: , , , ,

New Child Safety Seat Recommendations Every Parent Should Know

March 6, 2012 By

Through a better understanding of what keeps kids safe in the event of a car accident, the American Academy of Pediatrics (AAP) and the National Highway Traffic Safety Administration (NHTSA) have revised their recommendations for child safety seats.

Rather than basing their recommendations on seat type, the new guidelines are by age. They generally recommend parents keep their child in each type of seat for as long as possible before moving to the next size.

To see the differences, here are the old guidelines:

  • Under 1 year of age – required infant to be in a rear-facing seat
  • 1-4 years of age (…or up to 40 pounds) – Children can be forward-facing provided they’re in a safety seat with a 5-point harness
  • 4-8 years of age (…or 40-80 pounds) – Kids should be secured in what’s called a belt-positioning booster seat

The new guidelines are a bit more extensive and are based solely on age. Continue reading for the guidelines:

  • Under 1 year – Children should always be in a rear-facing seat
  • 1-3 years of age – Kids should stay in a rear-facing seat up until they’ve reached the seat’s maximum weight and height. Once this point is reached, they should be placed in a forward-facing seat with a five-point harness
  • 4-7 years of age – Children should stay in a seat with a five-point harness for as long as possible until they reach the maximum weight and height limitations after which they should be placed in a belt-positioning booster seat
  • 8-12 years of age – Kids should stay in the booster seat until they’re big enough (4’9”) for a seat belt to properly fit. A properly fitting seat belt should lie snugly across your child’s upper thighs, not their stomach. It will also lie snug across the shoulder and chest, not the neck and face.
  • Up to 13 years of age – AAP and the NHTSA recommend all kids ride in the back seat until they are 13 years old.

While many parents believe following their state’s regulations on child seats is enough, it’s best to do your own research.

Don’t take risks with you kids and a car accident. Anything can happen in the flash of a second.

Original story published in the Fall 2011 issue of the Safety Report

Filed Under: Safety Tagged With: , , ,

Mother, Father Allege Inadequate Fetal Monitoring Led to Birth Defects

February 7, 2012 By

Becoming a parent is one of the most special things you can experience in your life. Unfortunately though, not all newborns come out 100% healthy. If any birth defects come about due to potential medical malpractice or negligence, it can be doubly devastating.

This was the unfortunate case for Michelle Holweger, who was admitted to a naval hospital during the 35th week of her pregnancy because of significant cramping. About an hour after she was admitted, the expectant mother was attached to a fetal monitor where it was discovered her baby’s heart rate was almost non-existent.

So about 2 ½ hours after her admission, Michelle underwent an emergency cesarean section where it was discovered she had experienced a placental abruption. Once her daughter was born, she required intensive care due to respiratory distress. Her Apgar scores were dangerously low – one at one minute and two at five minutes.

Michelle’s daughter, now 5, has been diagnosed with having developmental delays and cerebral palsy.

Individually and on their daughter’s behalf, the Holwegers sued the United States government alleging that the mother was not properly triaged and attached to a fetal monitor quick enough. Their suit also alleged the hospital staff did not properly interpret the fetal monitoring strips and that they failed to perform the cesarean section in a timely manner.

Because of these delays, the parents (plaintiffs) claim their daughter suffered hypoxi-ischemic encephalopathy.

Defendants in this case claim that Holweger didn’t exhibit signs of placental abruption and that the cesarean delivery had been done in a timely manner.

The two parties settled the case for about $2.3 million.

Medical malpractice involving newborns can be particularly troubling, especially considering that many birth defects can have lifelong impacts. If you think negligence played a part in any of this, you should consider any legal options to help you cope with ongoing medical expenses for your child.

Medical malpractice attorneys at the Gilreath Law Firm in Nashville/Knoxville can help you determine if you have a case. Contact us today to schedule a free consultation.

Original story appeared in the August, 2011 issue of Trial magazine

Filed Under: Medical Malpractice Tagged With: , , ,

Keep Your Kids Safe this Christmas Season – Toy Safety

December 22, 2011 By

With the Christmas season in full swing, we’re all looking forward to the holidays with anticipation. In all of this excitement though, it’s easy to forget about toy safety and keeping our kids injury free.

Many of us here in the firm are parents – even grandparents in fact – and take toy safety quite seriously, especially during the holiday season. Over 3 billion toys are sold annually in the U.S. – 60% of those sales occur during this time of year.

Over the year, we see many toy recalls issued for a wide range of hazards, including:

  • Choking
  • Strangulation
  • Falls
  • Laceration
  • Burns

And in our firm, we do see the occasional case of a child being injured by a defective or dangerous toy.

Taking a few easy steps though can prevent your holiday from becoming a trip to the emergency room.

First, only buy toys suitable for the child’s age, abilities and skills. For example, it wouldn’t be a good idea to buy Legos for a toddler since they can pose a choking hazard. Toys with small parts in fact shouldn’t be given to children under 3.

Follow the manufacturer’s instructions for proper assembly and use as well. Even if something happens and you have to pursue a defective product claim, the manufacturer will likely first claim you weren’t following the instructions and therefore, deny liability.

And for certain toys like bicycles, roller skates and scooters, you need to have additional safety equipment for your kid. Helmets, knee pads and other items to prevent scrapes and head injuries are important. Bicycle helmets in fact are required for anyone under age 16 in Tennessee.

Other toy hazards to be on the lookout for include:

  • Sharp edges and points
  • Tiny parts
  • Loud noises
  • Projectiles, or anything that can be propelled
  • Electric toys that can burn or shock

Taking a few precautionary steps can ensure your children stay safe this holiday season. Christmas is supposed to be a special time of year. Don’t let your child be one of the approximately 150,000 accidents from toys that occur each year according to the U.S. Consumer Product Safety Commission.

In closing, all of us at Gilreath Law wish you and yours a very Merry Christmas and Happy New Year.

We look forward to bringing personal injury, medical malpractice and other Tennessee legal news/updates to you in 2012.

Filed Under: Injury, Product Failures, Safety Tagged With: ,

Off-Road Buggies Recalled Over Broken Steering Controls

November 3, 2011 By

Approximately 3,200 Bad Boy Buggy off-road vehicles have been recalled after more than a dozen reports of broken steering controls.

The recall was issued last week by the U.S. Consumer Product Safety Commission after BB Buggies, Inc. and Bad Boy Enterprises, LLC received 15 reports of broken steering assembly arms. Fortunately, no injuries have been reported in connection with this defect.

Defective or broken steering assemblies can pose a crash hazard. Riding in these hills here in Tennessee, this kind of defect could lead to some terrible accidents.

Several models of these electric off-road vehicles are affected by this recall, including Bad Boy’s LT, Classic, XT, XTO and XT Safari models. Affected models come in a camouflage, hunter green or black color and have ‘Bad Boy’ printed on the side and front. They were sold between August 2009 and June of this year for between $7000 and $15,000.

The CPSC recommends you discontinue use immediately and contact an authorized dealer or BB Buggies for free replacement parts. Any questions about replacement items should be directed to the company by calling (855) 738-3711 or visiting their website at http://www.badboybuggies.com/.

This is the 3rd recall for Bad Boy Enterprises, LLC in as many years.

In October 2009, nearly 4,000 of the company’s Classic Buggies were recalled due to acceleration problems. After determining this recall failed to address the problem, another 9,300 buggies were recalled in December of last year. Each these recalls came about because consumers called the company about their concerns.

If you have a problem with something you own, it’s important you notify the company of the potential hazard. Hazards that arise due to defects are the responsibility of the manufacturer and need to be addressed accordingly.

But if something happens all of a sudden due to a defective product, you do have the right to pursue legal recourse. Our Tennessee firm handles many of these types of product liability cases. Contact us today to discuss your individual case.

Filed Under: Product Failures Tagged With: ,

Child Safety Latches and Outlet Covers Subject of Recall

September 20, 2011 By

The U.S. Consumer Product Safety Commission (http://www.cpsc.gov) announced today that Prime-Line Products, an importer located in Redlands, California, had agreed to a voluntary recall of 37,000 child safety latches and outlet covers, based on the discovery that screws on the safety latches can loosen and/or break, allowing young children to gain access to unprotected electrical outlets and small loose parts they could ingest.  The products were sold under the name Child Safe.  The recall includes child safety drawer and cabinet latches, as well as outlet covers with rotating receptacle covers.

Identification of unit numbers can be found here: http://www.prnewswire.com/news-releases/child-safety-latches-and-outlet-covers-recalled-by-prime-line-screw-breaks-can-allow-unintended-access-126251038.html

Prime-Line was the importer of the products, all of which were made in China.  The products were sold at various big box hardware retailers, including Ace Hardware, Friedman Brothers, Menards, Orgill, True Value, Do-It-Best, and others.

Photos of the subject products can be seen here: http://www.cpsc.gov/cpscpub/prerel/prhtml11/11284.html

Gilreath & Associates is experienced in handling serious injury cases caused by product failures and defects.  If you believe a lived one has been injured or killed as a result of a product failure or defect, please contact us to discuss your situation in detail at 1-800-637-7024.

Filed Under: Product Failures, Safety Tagged With: ,

Playground Safety

September 7, 2011 By

As a Plaintiff’s law firm we routinely receive calls from the parents of young a child who has fallen on a playground, received a serious head injury and is being treated for seizures.  We start an investigation to see if the accident could have been prevented had someone, some company or some governmental agency had used due care.  As lawyers we look to see if the negligence of the defendant was the cause of the accident. Many times the playground is owned by the city, municipality or the county government.  This brings into play a statute known as the “governmental tort liability act,” which limits the amount of recovery that can be obtained against a governmental entity.  This statute also limits the theories on which the Plaintiff may recover medical expenses.

As a part of our investigation, we have to go back in time and survey the circumstances including the playground itself, the activity of the child, and who owned or designed the playground.  Photographs of the scene at the time of the accident are important to help determine the condition of the playground. We then look to see what the medical records show about the injury, the mechanism of the injury and how the conditions of the playground contributed to the injury.

The actions of the parents are also important.  Were they partially responsible? Under the law in Tennessee, if there is negligence on part of an owner of the playground and also negligence on the part of the parent, that will reduce the amount of recovery to the child.

We know from government statistics that a child dies from a preventable injury on our nation’s playground every month.  These deaths are caused as follows:  51% when a child is accidentally hanged, 21% when a child falls with an injury involving head trauma, 16% when equipment tips over or collapses.  According to the US Consumer Products Safety Commission a child is rushed to an emergency room with a playground injury every 2 ½ minutes.  That is more than 200,000 preschool and elementary children a year in the United States, 79% of these injuries involve falls.  The severity of an injury from a fall is determined by the height from which the child fell and the surface on which the child lands.

When it comes to playground safety, don’t assume your child is protected.  Playground safety laws and regulations are as varied as toddlers’ mood swings.  For example, many cities will have safety codes, but counties will not; even though the city and counties playgrounds are close together.  According to the National Playground Safety Institute, children and their parents should be capable of recognizing unsafe conditions with simple guidance.  The question is, does the playground operator or owner provide that guidance.

Playgrounds should be regularly inspected, either by the owners or the people using it.  These inspections should consider the following elements:

1.         Condition of the Equipment: Are there broken or missing components? Is the paint missing or peeling? Are the swing seats made or heavy or rigid material such as wood or metal, the can seriously injure a child? Seats should be made of rubber or canvas.

2.         Surfaces must be Smooth:  Are the surfaces rough or ragged?  Are the surfaces designed to absorb impact?  Are there sharp points or cornices, edges, nails or splinters?  Are there protruding nuts or bolts?

3.         Trip Hazards: Are there any objects children might trip over?  Are there exposed footings, anchoring devices, or environmental obstacles such as tree roots?

4.         Tipping: Is any equipment not properly secured and might tip?  Are the foundations of slides, monkey bars, and swings loose or moveable?

5.         Adequate Fall Zones:  A fall zone is a soften area around the equipment where a child could fall.  Are there buried foundations in the fall zone?  Does the surface material extend at least six feet from the equipment in each direction?  For slides, the surface must extend the height of the slide plus four feet.  For swings, the surface must extend twice the height, in front and behind the swing.  Concrete is never appropriate for a fall zone.

6.         Gaps or Spaces:  Are there gaps or spaces in equipment in which a child could get caught or that could catch clothing?  Are there open spaces in S hooks?  You should not be able to slide even a dime or credit card in this space.  Are there gaps and protrusions in slide areas?  Could a child get caught in between ladder rungs? Rung space should be smaller than 3 ½ inches or larger than 9 inches.

7.         Electrical Wires:  Are there exposed electrical wires in or around the playground?

8.         Dangerous Tree Limbs:  Is there evidence of diseased or dying branches of trees over hanging or surrounding the play area?

9.         Surface Areas Safe and Uniform:  What is the surface area of the play equipment; woodchips, sand, grass, cement, pavement?  Does the surface cover the area uniformly?  Is the surface covering at least 12 inches deep with woodchips, mulch, sand, shredded rubber or pea gravel and safety tested rubber mats?

10.       Hazards Removed:  Are there any of the following found on the playground; unsecured climbing ropes, swing trapeze bars, exercise rings, or trampolines?

In looking over these hazards from a legal standpoint, I quote the following phrase, “It’s better to have a fence at the top of the cliff than to have an ambulance at the bottom.”   The exercise of due care by the owners of the playground or the vigilance of parents, may prevent a tragic injury with lifetime consequences to a child.

Filed Under: Safety Tagged With: ,