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New York City Personal Injury Law Blog

CPSC takes action after jog stroller company fails to act

The Consumer Product Safety Commission is the main federal agency that receives and compiles complaints about various consumer products. Recently, the agency sued Britax Child Safety Inc. after the company failed to take action to solve a potential design defect.

As one of the go-to jog strollers, the B.O.B. has a detachable front wheel for easier storage. An alleged design defect allows the stroller to be used even if the front wheel is not properly secured. If the wheel detaches during a run, the front fork can dig into the ground tipping the stroller.

Unsafe guardrails being removed from New York roads

How are unsafe road conditions discovered? Unfortunately, it sometimes takes a pattern of fatal auto accidents.

The death of a Western New York teen in Tennessee raised questions for her parents. What they discovered was that the X-Lite guardrail involved in the accident was dangerous. Instead of guiding a vehicle back onto the road, these guardrails could shatter and puncture through the vehicle like a spear.

Tennis pro settles U.S. Open slip-and-fall injury lawsuit

Here at Weisfuse & Weisfuse, LLP, we represent people with sports injuries as well as victims injured because of dangerous conditions on property, called premises liability lawsuits. Both of these types of cases can be factually and legally complex, so it is important for anyone so injured in New York to consult an experienced New York personal injury attorney to understand the potential legal remedies for recovery of just compensation. 

Premises liability injury at sporting event 

Blood test approved to detect concussions

The Banyan Brain Trauma Indicator, a blood test, has been shown to quickly identify brain injuries. Two weeks ago, the F.D.A. approved this long-awaited diagnostic tool.

Symptoms of concussions can occur right at the time of an injury or after several days or months and vary based on the person. This causes challenges diagnosing them.

More helpful suggestions for fall prevention

Here at the New York City law firm of Weisfuse & Weisfuse, LLP, we often represent the injured victims of falls caused by the negligence or recklessness of others. We recently posted about the dangers of falls, especially as we age.

The New York Times recently published an important piece by Jane E. Brody in which she provided detailed suggestions for fall prevention. We all can benefit by reviewing these common-sense safety tips, especially seniors or anyone who is unsteady for medical reasons. Notably, these dangers are heightened now every time we step outside into the New York winter conditions that cause icy, slippery walks, driveways, streets and parking lots.

Baby carrying: Are sling-type carriers safe?

There are more slings, wraps and belted-type pack designs than ever for mothers who want carry their babies. They range from high-end packs that require waiting online and hundreds of dollars to a basic sling that incorporates a ring and a large swath of material.

A warning from the Consumer Product Safety Commission should give new parents pause before deciding on a carry solution. The federal agency recently approved new standards and labeling requirements after receiving almost 160 incident reports since 2003.

Medical device testing and the FDA 510(k) loophole

What ranks as the third leading cause of death in our country? It might come as a surprise, it is medical interventions – devices such as hip implants and defibrillators account for an increasing role in this statistic.

Even training and expertise in complex hip replacements, did not protect one orthopedic surgeon from a defective metal-on-metal hip. After five years and excruciating pain, a replacement surgery uncovered a hip joint that looked like a “crankcase full of dirty oil.” Metallosis not only affected local tissues and muscle, it had also damaged his heart and brain.

A VA hospital rating system and how it can fail patients

Rating systems can have unintended consequences as administrators look for ways to improve their numbers. The stories from one hospital illustrate what can go wrong.

Doctors and administrators at VA hospitals and clinics have clashed over recommended care. In one case, an 81-year old came to a VA hospital malnourished and dehydrated after falling and breaking several ribs. He waited for nine hours in an emergency room for a nurse to tell him that he was not sick enough to be admitted under administration restrictions. This was at a facility with empty beds where doctors recommended admitting him.

Learning how to fall can limit injury

Aging increases the risks of and from falling as our bones become more brittle and do not heal as effectively. A CDC report with annual numbers from 2014 illustrates the scale: 29 million Americans fell, which resulting in seven million injuries and more than 27,000 deaths.

When the dangerous or defective condition of a NYC sidewalk or premises contributes to a fall injury there are remedies available. However, proactive measure can reduce the risk of falling as well as the severity of an injury.

Asbestos found in children’s makeup

Because of asbestos contamination, Claire’s will recall a number of makeup product marketed to children including a bedazzled rainbow heart makeup set, pink glitter palette with eye shadow and lip gloss and metallic hot pink glitter makeup. Are any of these in your ‘tween or even younger daughter’s bedroom?

And this is not the only time that products manufactured in China with talc have been found to contain asbestos. In 2015, Environmental Working Group found asbestos fibers in several brands of crayons and crime scene investigation toys.