product liability
Company recalls hundreds of thousands of strollers
WASHINGTON — Peg Perego recalled hundreds of thousands of strollers Tuesday because children can become trapped and strangled between trays on them. One death has already been reported.
A six-month-old boy from Tarzana, Calif. died of strangulation in a stroller in 2004, while a seven-month-old girl from New York was nearly strangled in 2006, according to Peg Perego USA Inc. The company said entrapment and strangulation can take place, particularly among those younger than a year old, when the child is not harnessed into the stroller. If unharnessed, children can pass through the opening between the tray and the seat bottom and the child’s neck and head can become trapped by the tray.
Peg Perego is recalling approximately 223,000 strollers, which include Venezia and Pliko-P3 strollers in various colors, made between January 2004 and September 2007.
Only strollers with a child tray and one cup holder are part of the recall. Strollers with a bumper bar in front of the child or a tray with two cup holders are not included in this recall.
The company said the strollers were made before a voluntary industry standard was implemented in January 2008 that addresses the height of the opening between the stroller’s tray and the seat bottom. The voluntary standard requires larger stroller openings that prevent infant entrapment and strangulation hazards.
The model numbers are:
Pliko-P3 Stroller Model Numbers Venezia
Stroller Model Numbers
IPFR28US34xxxxxxxx IPPF28NA32 IPVA13MU09
IPFT28NA63 IPPF28NA57 IPVA13MU10
IPFT28NA64 IPPF28NA65 IPVA13US09
IPP328MU10 IPPF28NA66 IPVA13US10
IPP328MU09 IPPF28NA67 IPVA13US32
IPP328US09 IPPF28NA68 IPVA13US34
IPP328US10 IPPO28US32 IPVC13NA32
IPP329US10 IPPO28US34 IPVC13NA34
IPPA28US32 IPPO28US62
IPPA28US33 IPPO28US69
IPPA28US34 IPPO28US70
IPPD28NA34 IPPO28US71
The model number is located on a white label on the back of the Pliko P-3’s stroller seat and on the Venezia stroller’s footboard. “Peg Perego” and “Venezia” or “Pliko-P3” are printed on the side of the strollers.
The Pliko-P3 strollers were sold for between $270 and $330, while the Venezia strollers sold for $350 to $450. The strollers were sold at various retailers, including Buy Buy Baby and Babies R Us.
Consumers are advised to immediately stop using the strollers and contact Peg Perego for a free repair kit at (888) 734-6020 or on its web site, www.PegPeregoUSA.com.
Separately, Kolcraft Enterprises Inc. is recalling some strollers due to potential falling and choking hazards.
The company is recalling about 5,600 of the Contours Options LT double strollers with model number ZT012 sold between February and July. However, no injuries have been reported.
The front wheel assembly can break, which could lead to a child falling out of the stroller. And the nuts that hold the stroller’s basket support screws in place can detach on strollers made in January and February. The detached nuts are a potential choking hazard.
Kolcraft has received six reports of front caster wheels breaking and two reports of the basket’s support screws and nuts detaching.
The model number and date the stroller was made can be found on a label on the stroller’s rear leg. The strollers were involved in the recall include those in black with red canopies and accents and those in gray with yellow canopies and accents. The strollers have one mesh basket below the two seats.
The strollers were sold for about $250 in Burlington Coat Factory stores, at juvenile product specialty stores and on the websites of Amazon, Target and other retailers.
Consumers should immediately stop using the strollers and contact Kolcraft for free replacement wheels. Those with strollers made in January and February will also receive replacement nuts. The company can be reached at (800) 453-7673 or online at www.kolcraft.com.
Contact our Defective Strollers Attorney
For parents whose babies have had serious problems with Peg Perego Strollers and other strollers or baby/children’s products, please contact the Law Offices of Gary A. Kessler. Attorney Gary A. Kessler has carved a successful career out of product liability settlements. Find out whether the law is on your side and what can be done on your behalf.
Oregon toddler dies after falling into washing machine
HILLSBORO, Ore. — An 18-month-old Hillsboro boy has died after falling into a washing machine Friday morning, police said.
Medical crews responded to the call Friday morning of a child stuck in a washing machine and was unresponsive, according to Lt. Michael Rouches of the Hillsboro Police Dept. He said due to the odd circumstances of the accident, police were also called to the scene.
Investigators said the boy apparently climbed onto a tub in front of the top-loading washing machine. He then climbed on top of the washer, lost his balance and fell inside.
His mother told police she was in the living room, less than 25 feet away from the laundry room, and had just sat down to read a magazine. When she realized she had not heard from her son for a short while, she went to check on him and found him wedged into the washer.
She enlisted the help of a neighbor, who runs a day care, to get the boy out of the machine and perform CPR on him, Rouches said. His pulse had returned and he was breathing when medical responders put him in an ambulance, but he was still unresponsive.
He was taken to Tuality Hospital, then moved to Oregon Health and Science University. He remained in critical condition until was taken off of life support Saturday evening.
While the machine can reportedly operate with its lid open, Rouches did not say whether it was in operation when the boy fell in.
Products Liability
There have been three child fatalities involving washing machines since 2004, which involved top-loading machines.
You are entitled to file a products liability claim if you suffered injuries because a manufacturer made a product that was defective or malfunctioned. If your son or daughter is a minor, you can also file a products liability case involving injuries to minors on his or her behalf.
For several decades, the Law Offices of Gary A Kessler has represented those who have been seriously injured. Through experience and education, our firm is able to expertly evaluate medical injuries and persue personal injury claims on behalf of the injured plaintiff. The Law Offices of Gary A Kessler provides sophisticated legal services for almost any type of injury.
22,000 deaths and 29.5 million injuries are associated with consumer products under the U.S. Consumer Product Safety Commission’s jurisdiction. The injuries, deaths and associated property damage from defective products cost the American public over $500 billion annually.
The U.S. Consumer Product Safety Commission advises that there are 200-300 product recalls each year. Numerous products that are recalled because of defects or dangerous conditions include automobiles, tires, furniture, boats, planes, household appliances, tools and safety equipment such as smoke detectors and fire alarms. These products are designed for our safe use, when they fail because of defects they can cause serious injury including brain injury, spinal cord injury, paralysis, blindness, scarring, pain, suffering and death.
While there is no federal product liability law, there are state laws, such as in California, Nevada, Oregon, Washington, Pennsylvania and D.C. designed to prevent harm and provide compensation for damages or injuries caused due to a defective product.
Man decapitated when wood chipper sucks up rope
A man died Thursday in a wood chipper accident while performing tree-trimming services at a residential location, the Nevada County Sheriff’s Department said.
The victim, 50-year-old Martin Lara, of Applegate, was working with other crew members while operating an industrial chipper.
Crew members working with the man in the 10000 block of Indian Shack Road heard him scream for help.
By the time they ran to assist, it was too late. Lara was pronounced dead at the scene just after 8:15 a.m., deputies said.
Cause of the Nevada City Fatal Accident
Although deputies initially said Lara got entangled in rope as he fed brush, and was then pulled into the machine, the Nevada County Coroner’s Office gave a different report.
It does not appear Lara went into the chipper, coroner’s office spokesman Sgt. Paul Schmidt said.
Lara was tangled in something that was caught in the wood chipper — which then got caught around his neck and decapitated him, Schmidt said.
The Accident remains under investigation
Liability for Fatal Machinery Accident in Nevada City
Based on the information provided by news reports, it is not immediately clear whether the cause of this accident was due to a malfunction in the equipment. However, if investigators come to a conclusion there was a machinery malfunction, the employer in which the victim is under the supervision could be held accountable for his death, as they are obligated and responsible for providing safe and functioning equipment.
Therefore, in a fatal accident like this one, it would be well-advised for the family of the victim to speak to an experienced attorney who is knowledgeable in machinery accidents can help family members understand their legal rights, ensure those rights are protected in a wrongful death claim, and decide the best course of action to recover the maximum compensation for their tragic loss.
