Law Offices of Vondra & Hanna

Weighted blankets have become popular ways for adults to relieve anxiety and improve their sleep. It was only a matter of time before weighted blankets for babies hit the market. In theory, if they worked for restless adults, they could work for babies.

However, experts now know that weighted blankets, swaddles and sacks pose a safety risk for infants. The American Academy of Pediatrics (AAP) sent a letter to the Consumer Product Safety Commission (CPSC) last December, warning the agency that there aren’t any safety regulations for these blankets.

CPSC recently updated its safe sleep guidance for infants, warning parents and caregivers to avoid using weighted blankets. The agency also cited a previous notice from the Centers for Disease Control and Prevention and the National Institutes of Health, which noted that there had been at least one fatality last year involving a weighted infant product.

Understanding the dangers of weighted blankets

As their name implies, weighted blankets are much heavier than regular blankets. They provide similar benefits to deep pressure therapy and calm restless sleepers. However, that extra weight can pose a significant suffocation risk to infants.

The AAP explained in its letter that one of the biggest manufacturers of weighted baby blankets sold the products before they were proven safe. The group also warned that the tests conducted by the manufacturers had no data about their use in an unmonitored setting.

Legal protection for your infant

If your infant has suffered harm from a weighted blanket, you may have grounds for a product liability lawsuit. Under California law, a product is defective if – despite being used as intended by the manufacturer – it subjects users to substantial danger that the manufacturer should’ve warned about.

By law, manufacturers and suppliers have a duty to warn customers about the potential risks and side effects of using their products.

The first thing you should do following an injury incident involving a weighted blanket is to seek immediate medical attention. Your child’s health is the top priority. You should then document everything about the incident. Keep the blanket as evidence and record all related details, including witness testimonies and medical results.

Consider speaking with a legal professional experienced in California product liability law before filing any lawsuit. Product liability is complex, and an experienced attorney can navigate the nuances of your case.

California motorists can maneuver their vehicles in many different ways en route to a specific destination. Some of those maneuvers come with more risk for the vehicle’s occupants than others.

The choices that people make in traffic, including at high-risk locations like intersections, can directly contribute to or diminish their risk of a motor vehicle collision. One traffic maneuver, in particular, has a very strong association with preventable collisions. For example, those in heavy traffic or on dangerous roads may want to avoid turning left as much as possible to reduce their chances of a serious collision.

Left-hand turns are quite dangerous

Drivers intending to turn left at any given location typically need to use their turn signals to communicate their intent to other drivers. Additionally, they need to comply with all signage and traffic lights. They may need to use a designated lane to turn left in some cases.

Despite the existence of left turn lanes and turn signals, many drivers who turn left face an increased risk of a crash with other vehicles. A left-hand turn exposes of vehicle to every lane of oncoming traffic. It is often a relatively slow maneuver, and others may not pause as they should when approaching an intersection with someone conducting a left turn.

According to research, left-hand turns out of the underlying cause of roughly 61% of the collisions that occur at intersections. The risk is so significant that many commercial transportation businesses, like package delivery companies, specifically plan driver routes in a way that minimizes or eliminates left-hand turns.

Drivers can reduce their personal risk by consistently using their turn signals and yielding to others in traffic when they intend to turn left. Even those who have the right of way may benefit from waiting for another light cycle at an intersection, for example, so that they don’t end up struck by drivers trying to beat a yellow light when they conduct what should be a lawful turn.

Crashes related to left turns can cause massive damage to a vehicle and its occupants. They may block access on major roads, increasing the chances of secondary collisions. Drivers who know that they have to travel during busy times or on dangerous roads may want to plan their route carefully to reduce how many times they have to turn left or to avoid turning left at particularly busy locations.

Those involved in a crash may also need to speak up during the investigation process to clarify that they followed the law if they hope to hold the driver who hit them accountable. Ultimately, learning more about different traffic risk factors may benefit those who drive frequently on busy streets in both proactive and reactive ways.

Countertop blenders mix, crush and puree food using a rotating blade at the bottom of the jar. As effective as this blade is at cutting and mixing, it also makes the appliance dangerous if it detaches or breaks off mid-operation.

The manufacturer BlendJet has recalled 4.8 million of its BlendJet 2 Portable Blenders over risks that the appliances could overheat and catch fire. In some cases, the blades of affected blenders can break off, causing lacerations to users.

According to BlendJet, it had received about 329 reports of the blades breaking while in operation. It also received another 17 reports of overheating or fires resulting in property damage totaling $150,000. In addition, there have been 49 reports of minor burn injuries related to the defective blenders and one report of a laceration injury.

BlendJet has recommended that owners check if their products are affected by the recall. Consumers can refer to the serial number on their blenders and input them on the company’s website to learn if their appliance is part of the recall.

Those with affected blenders have been advised to immediately stop using the appliances and contact BlendJet for a free replacement.

What to do immediately after injury

If you suffer injuries from a defective blender, you’ll want to do the following quickly:

  • Seek medical attention: Your health is the top priority. Get medical treatment for your injuries, especially if you suffer serious wounds.
  • Preserve the evidence: Don’t forget to document your injuries and treatments. You should also keep the blender and any packaging. Consider writing down your recollection of the incident.
  • Report the incident: Notify the Consumer Product Safety Commission (CPSC) and the blender’s manufacturer of the incident.

Once you’ve accomplished these, you might want to consider filing a product liability lawsuit.

Filing a product liability lawsuit

In California, product liability claims can be based on three main theories: design defects, manufacturing defects, and failure to warn. You’ll have to show that the product was defective, that it caused your injury, and that you were using the product as intended.

However, keep in mind that the state generally gives you two years from the date of the injury to file a lawsuit against the manufacturer. On top of collecting evidence, you should consider working with a legal professional, who can help determine if you have a case.

Truck accidents happen for several reasons, such as distracted driving and dangerous road conditions. However, many truck crashes also result from deliberate violations of hours-of-service violations.

Understanding hours of service regulations

Truck drivers can only operate vehicles a certain number of hours in a day and a week. Under California’s hours-of-service guidelines for intrastate trips, truck drivers cannot:

  • Drive for more than 12 hours
  • Work for more than 16 hours, driving or not
  • Work more than 80 hours in any consecutive eight-day period

The rules also require drivers to take ten hours off duty before they start a new work period and 34 hours off duty before they start a new consecutive eight-day work period.

Separate hours of service rules apply for interstate trips in accordance with the Federal Motor Carrier Safety Administration guidelines.

Violations leading to truck accidents

The purpose of the hours-of-service regulations is to keep fatigued and overworked drivers off the roads. Many cases of heavy truck crashes are due to drivers failing to stay awake and alert due to fatigue, which could have been prevented by following the hours-of-service rules.

Violations of these regulations can result in severe injuries or fatalities, potentially leading to legal repercussions.

What you should do in a fatigue-caused truck accident

If you acquired injuries in a truck accident, it is best to review the facts and circumstances of your situation and explore your options before making your claim. This can help you avoid insurance companies taking advantage of your vulnerability and preparing yourself for trial, if the need comes to that.

Toys with small parts will always pose a choking hazard to children, but one recent federal notice has raised concerns about certain small parts that are even more dangerous than usual.

The U.S. Consumer Product Safety Commission (CPSC) posted an online notice warning about the danger of high-powered magnetic balls inside toys.

CPSC’s notice comes after a toy company announced a recall of its products following seven deaths linked to ingestion. According to the agency, the magnets used were made from rare-earth metals stronger than what’s permitted by safety regulations.

The agency warned that if children ingested two or more magnets, the balls could attract each other in the stomach. The attraction is so strong that it could punch holes into intestinal walls or block intestines, leading to infection and blood poisoning.

CPSC noted that from 2017 to 2021, there were about 2,400 hospital emergency room visits related to ingested magnets.

Addressing ingested magnets in children

If you’re a parent or guardian of a child who ingested magnets, your top priority is to seek medical attention. Symptoms that a child may have ingested magnets include:

  • Abdominal pain
  • Diarrhea
  • Nausea
  • Vomiting

These symptoms are non-specific, but if they persist despite medication, your child may have swallowed something that doesn’t belong inside their body.

Once you take your child to a doctor for treatment, document all the medical expenses associated with your child’s recovery. Also preserve evidence related to the toy that caused the injury such as its packaging, purchase receipts, etc.

You may be able to file a product liability lawsuit if your child’s injuries resulted from a toy manufacturer’s faulty design or lack of safety compliance. Consider consulting a legal professional who can determine if you have a valid claim and guide you through the process.

Manufacturers design tires to withstand various road conditions and keep vehicles rolling. However, despite their structural strength, tires can still fail and blow out during transit.

Tire blowouts are likely to occur in California’s soaring temperatures. Tires rubbing against hot pavements can increase friction, rapidly building up heat beyond what they can take. When this happens, tires can expand and explode.

Thus, knowing what to do upon hearing a loud burst can help drivers regain control of their vehicles.

Keep calm and don’t panic

While it is understandable to feel uneasy when the car loses its balance, the National Highway Traffic Safety Administration reiterates the significance of maintaining focus and not making abrupt speed changes.

Instead, drivers must take the following safety steps during a tire blowout to prevent a minor situation from escalating into a life-threatening accident:

  • Firmly hold the steering wheel with both hands.
  • Gently release the accelerator to slow down in a safe direction.
  • Adjust steering to avoid swerving to another lane.
  • Pull over at a secure location.
  • Turn on emergency lights and assess the extent of damage.

Failure to follow safety procedures can have deadly consequences. Tire-related wrecks yielded 422 fatalities in 2021. However, drivers can avert potential catastrophic collisions through proper tire maintenance. Constantly checking on tire pressure, tread, rotation, size and alignment can mean the difference between life and death.

Determine if a manufacturer shares liability

Not all tire blowouts are a case of a negligent car owner. Sometimes, it is a design defect. The manufacturer may have improperly inflated the product, among several things that can go wrong in the supply chain. However, drivers must prove that the faulty tire directly caused their injuries. With big companies potentially involved, pursuing legal action with a representative proves paramount to protecting an injured party’s rights and helping them recover fair compensation.

Thousands of Black women have filed lawsuits claiming that the hair relaxer products they’ve been using gave them uterine cancer.

A new report has found that women have filed over 7,000 lawsuits since a U.S. National Institutes of Health (NIH) report in October 2022 found an association between frequent use of hair straightening chemicals and uterine cancer. According to the NIH, women who used hair relaxers more than four times in the previous year were more than twice as likely to develop uterine cancer than those who didn’t.

NIH also noted that uterine cancer is the most common form of female reproductive system cancer in America, and its rates are rising significantly among Black women.

The lead author of the NIH report said that hair straighteners can have ingredients such as phthalates, parabens, cyclosiloxanes and metals, which could interfere with the body’s hormones and can raise cancer risk. The products can also release formaldehyde when heated; the substance is a known carcinogen.

Filing a lawsuit for potentially cancer-causing hair relaxers

If you’ve also contracted cancer and suspect that your use of hair relaxers may have caused it, you might also consider filing a lawsuit of your own. But for a court to find the product manufacturer liable, you’ll have to prove the following:

  • That the product’s cancer-causing chemicals were the likely culprit for your cancer versus the genes you were born with.
  • The product can cause cancer through regular use.
  • The product is the main chemical that caused the cancer and not another carcinogen.

Because current research only hints at a connection – not a direct causal link – between hair relaxers and cancer, it may be challenging to build a strong case.

However, no matter how your cancer is caused, it’s essential to seek medical treatment immediately. Establishing that you had to receive medical treatment is a key part of any product liability lawsuit since a medical professional can potentially identify how your cancer may have developed.

No matter how small, a loose part left unchecked can lead to catastrophic failure for any mechanical device. This is the crux of the matter with Toyota’s latest recall, involving improperly secured batteries.

The automaker is recalling about 1.9 million of its RAV4 small SUVs to fix a battery problem. According to Toyota, the affected vehicles from the model years 2013 to 2018 have 12-volt batteries with smaller top dimensions compared to others. If the hold-down clamp securing these batteries isn’t tight enough, the battery could suddenly move during hard turns.

In the worst cases, a loosened battery would make its positive terminal touch the hold-down clamp, causing the battery to short-circuit due to the unintended connection.

Toyota announced that it is working on a fix for the issue and is expecting to notify affected RAV4 owners by late December. Once it’s ready, the company’s dealers will replace the faulty parts with new ones.

The dangers of a car battery short-circuit

Short-circuits are dangerous, especially when they happen to automobile batteries. If it happens during driving, the engine could stall, raising the risk of an accident. Short-circuits also pose an electrical shock and fire risk. Drivers and passengers could sustain injuries from the electric shock, and the excessive current can also cause overheating, leading to engine fires.

Injured drivers can seek damages

If you’ve suffered injuries from a short-circuiting battery caused by a manufacturing defect, you may be able to seek recompense from the manufacturer through a product liability lawsuit.

Each automobile sold in the U.S. is supposed to meet safety standards. Under the strict liability doctrine, consumers can hold automakers directly liable for injuries without the need to prove their negligence.

Consider legal consultation before filing a lawsuit to learn if you have a solid case.

When most people think of insurance claims and civil litigation over dog-related injuries, they typically think of dog bites and attacks. Certainly, these can cause serious harm – particularly when there’s a large dog and/or a small child involved. However, anyone who’s ever been bitten by a chihuahua who meant business can attest that small dogs can cause deep, painful and scarring bites that should get medical attention.

Dogs can cause other types of injuries – while acting only with the purest of intentions. Often, these occur in a home. Have you ever seen someone’s dog so happy to greet a guest that they jumped up on them and knocked them over? When this happens to someone who’s older and frail, it can cause broken bones or even a brain injury. People often trip over little dogs they don’t expect to be underfoot and are seriously injured. 

The at-fault dog owner is often someone the victim knows

Often, it’s not stranger’s dogs or stray dogs that cause injuries. It’s a dog belonging to a relative, friend or neighbor. In many cases, some lack of supervision or control, like failing to leash the dog when they’re on a walk or letting an excitable dog loose around guests, is ultimately responsible for the injury. When off-leash dogs attack leashed ones, and it can be the owner of the leashed dog who suffers serious injuries as they try to break up the fight.

Homeowners’ insurance often covers these injuries

While you may be hesitant to hold someone you know liable for the injury, even if they were responsible, you have every right to get your medical bills and other expenses reimbursed. Most people’s homeowner’s insurance covers injuries caused by their pets. 

Unless the policyholder failed to disclose a dog or lied about the dog’s breed, that policy should cover your losses. The insurer will likely just want to make sure that the victim wasn’t teasing, hurting or otherwise intentionally provoking the dog.

If the dog’s owner doesn’t have homeowner’s insurance or any kind of umbrella coverage, you may need to seek compensation directly from them. If you’re dealing with a serious injury and having difficulty collecting the compensation you need to deal with it, it can be wise to get a legal professional in your corner.

No one wants to sit in traffic for a prolonged period. However, even though commuting has a dreadful reputation, the average American still spends at least an hour daily for long travels worth 16 miles each way. This transport reality is especially true for congested urban areas and heavily populated states, such as California.

Unfortunately, long-distance driving can impair drivers’ concentration, reaction time and coordination, resulting in deadly collisions. Knowing how to avoid risks is crucial in keeping the roads safe. 

Commuting with heightened vigilance

While there is no one-size-fits-all manual to make lengthy travels more bearable and, in effect, safer, the following are recommendations to help commuters steer clear of potential injuries and fatalities:

  • Create varieties: Choose a different route occasionally or go for scenic alternatives.
  • Take necessary breaks: If signs of drowsiness or fatigue manifest, pull over to the nearest rest stop to recharge and regain focus.
  • Consider entertaining options: See it as a personal time to enjoy one’s company by listening to good music or interesting podcasts. However, proceed carefully because these activities can quickly turn into distractions. Still, every person has distinct habits to boost their attentiveness on the road.

Ultimately, commuting is a shared experience. It is most likely the first thing colleagues talk about when they meet in the office. They might discuss how bad the traffic jams are or what they encounter along the way. When people remember that they do not endure this alone, it can also push them to drive cautiously, knowing their actions can significantly impact other road users.

Advocating for a safer future on the road

Staying alert amid lengthy commutes can save lives. Sadly, not everyone makes it to their destination unharmed or alive. For motor vehicle accident survivors, consulting a legal advocate can help them recover damages and make a difference the next time they hit the road.