Chicago-Land Personal Injury Lawyer - Defective & Dangerous Products

Aluminum Bat Safety Still a Hot Topic in Chicago

Nick Avgerinos — Mon, 15 Sep 2008 12:36:17 GMT

This summer, as a response to the public interest in the controversy surrounding children being injured by balls hit off of metal bats, this blog explored the issue in “Do Aluminum Bats Create an Unnecessary Danger for our Children?”

It is clear that even as the summer months wane, the issue is still in the public eye. This week, Chicago’s City Council will debate a ban proposed by Alderman Robert Fioretti. The measure could ban metal bats in youth baseball leagues in the city of Chicago.

Originally posted at InjuryBoard by Nick Avgerinos

Congress Steps Up for Toy Safety

Nick Avgerinos — Tue, 02 Sep 2008 10:24:00 GMT

Congress recently announced a mandate for more stringent federal safety requirements for toys. The consumer-friendly legislation was signed by the President. These new standards include a strict “standard for lead; create a searchable database of product complaints filed with the government for consumers to access; require manufacturers to make it easier for consumers to learn about recalled products; increase fines and other penalties for safety violations; and beef up the federal Consumer Product Safety Commission and its budget.” One of the more controversial measures is the specific provision to prohibit all Phthalates, which are used in a wide range of plastics.

In a recent era of widely publicized dangers to the safety of children in toys, cribs, car seats, and other products, Illinois Congresswoman Jan Schakowsky praised this new development as “the birth of a new agency that will have much broader authority particularly to keep our children safe.” A ban such as this is a rare action by Congress, and reflects growing research showing that children are exposed to dangerous chemicals, commonly found in the packaging, surfaces, or contents of many products, by simple acts such as “chewing on a rubber duck.”

According to House Speaker Nancy Pelosi, “it should be a given that toys are not dangerous.” With this new measure, Congress is making a proactive and important effort to keep children safe from unreasonable and dangerous exposure to harmful chemicals and substances, as well as making sure products are mechanically safe.

For more information about consumer safety and children, see the Pulitzer Prize winning investigative reports that inspired Congress’ action, “Kids at Risk” by the Chicago Tribune. There are also valuable resources on Injury Board.

Originally posted at InjuryBoard by Nick Avgerinos

BPA and You: A Helpful Warning or Unsubstantiated Danger?

Nick Avgerinos — Fri, 29 Aug 2008 10:17:00 GMT

A recent hot topic among consumer safety advocates has been the use of the chemical bisphenol A (BPA) in plastic compounds that are clear, hard, and not easily breakable. BPA is used in helmets, CDs, sunglasses, and cell phones as well as in food and beverage products such as water bottles, baby bottles, can coatings, and dental sealants. See link.

Controversy has surfaced due to conflicting studies regarding whether exposure to BPA is harmful in humans, and particularly, if such minimal exposure is harmful at all. In a statement by the US Food and Drug Administration (FDA), scientists have found that the trace amounts of BPA from bottles and canned foods have not been found to cause toxic effect in animals. Furthermore, considering the low dietary exposure and the fact that BPA has not demonstrated adverse effects when consumed by animals in [higher amounts than] humans would consume, the FDA sees “no reason at this time to ban or otherwise restrict the uses now authorized…[yet will continue with] ongoing review of all available data.”

In a study by The Centers for Disease Control and Prevention (CDC), nearly 93% of people tested had measurable levels of BPA in their urine, with highest levels in children. A study by The National Toxicology Program noted low-dose BPA exposure in animals led to cancer, genital malformations, and early puberty.

The European Food Safety Administration (EFSA), which permits the banning of chemicals based upon less stringent evidence than is required in the US, has determined that there is no reason based on current conflicting evidence to ban BPA, discrediting some of the studies on mice and rats by citing that people metabolize and excrete BPA from the body more quickly than do rodents.

Whether or not scientific studies, some of which funded by plastics corporations, have pinpointed BPA’s dangers, many manufacturers have made non-BPA plastic products available in response to consumer demand, particularly those used in food containers and bottles for children. A ban of BPA has been considered in California, New York, and in least 10 other states. The proposed California ban, for example, discusses the impact on children 3 and under, and would require all products or food containers designed for such children to contain only trace amounts of BPA.

For more information, also see this Injury Board blog.

Originally posted at InjuryBoard by Nick Avgerinos

Yard Work Can be Hard Work: Safety Tips for the Summer

Nick Avgerinos — Tue, 15 Jul 2008 11:09:00 GMT

I recently blogged about American workers who are injured by lawn mowers. The U.S. Consumer Product Safety Commission (CPSC) estimates that 230,000 people were treated in hospital emergency rooms in 1992 for injuries associated with lawn and garden tools. As the summer months are in full swing, those of us who do not outsource the maintenance of our yards should keep in mind several important safety tips:

Warm up before doing yard work. Talk a walk and stretch to prepare your body for bending, lifting, and other strenuous tasks that yard work requires.
Gear up: wearing protective clothing can prevent scratches, cuts, and sunburn. Be sure to avoid baggy clothes that could get caught in motorized lawn equipment. Wear proper shoes and eye protection if necessary.
Avoid bending over if possible; try kneeling if you are gardening on the ground.
Lift heavy loads properly with your legs without reaching at awkward angles.
Read all instructions when working with dangerous tools or motorized equipment.
Keep children away from lawn equipment, power tools, and other sharp tools.
Inspect power cords and protect against electric shock with a ground fault circuit interrupter.
Do not consume alcohol or other controlled substances or medicines that may impair judgment or reaction time.
Take a break! When you get tired, make sure you rest. If you have been working for a long time, stop and finish another day.

Many of these tips have been compiled from the following websites: http://www.lansingstatejournal.com/apps/pbcs.dll/article?AID=/20080709/LIFE02/807090302/1082/LIFE02 ; http://www.cpsc.gov/cpscpub/prerel/prhtml93/93070.html ; http://www.ohsonline.com/articles/62552/

Originally posted at InjuryBoard by Nick Avgerinos

Lawn Clippings: Mowers Cut More than Just Grass

Nick Avgerinos — Mon, 14 Jul 2008 12:47:00 GMT

It’s summer in Chicago ; sometime between the stifling humidity and driving rain , we find time to enjoy the great outdoors. But with the snow cleared away and the barbeque grills out comes a new set of responsibilities. Weekend warriors spend their ‘relaxation’ time wrestling with branches and weeds gone awry. While we complained our way through a winter of shoveling, we’re no more thrilled to find the monotony of mowing waiting for these warmer months.

Sure, we can soak up the sun, but that doesn’t seem to quite make up for the hours spent on a job that will noticeably need to be done again in about a week. Some have given up on this job entirely, hiring it out instead. The rest of us throw on something comfortable, and maybe some music, and push our way to a pruned lawn. Although it may appear to be a relatively mindless task, we’re actually working with dangerous equipment.

The American Academy of Orthopaedic Surgeons tracked the statistics, and 100,000 Americans were injured by lawn mowers in 2007. The cost: an estimated $567,000,000 in medical, legal, insurance, and disability every year! You might be surprised to learn that most of these injuries occur not among our teenage kids told to take over the job, but among adults aged 25 to 64.

Injuries range from mild to surprisingly severe, from muffler burns to lost limbs. While most of us think of the lawn mower as an innocuous household appliance, it’s actually a dangerous tool. Don’t believe me? Well, the energy transferred by a typical lawn mower blade is equivalent to being shot in the hand with a .357 Magnum pistol; a lawn mower can eject a piece of metal or wood up to 100 miles per hour.

Knowing those stats, it makes sense that most of us should step up our safety routines regarding this regular chore. So, while tuning out to the best of the 80s and slipping on sandals might be tempting, it’s better that we all take the safety precautions necessary. Dr. Marvin Royster , with the Peachtree Orthopaedic Clinic in Atlanta, Georgia, suggests that we make sure to wear protective clothing, including goggles, gloves, boots, and long pants. He also cautions never to mow barefoot or in sandals: “Mowing the grass with flip-flops on or sandals on, you're just asking for trouble.” Other safety tips include making sure your mower has been serviced properly, adding fuel before starting the engine, and keeping hands and feet away from the mower’s blade even when it’s turned off.

There’s nothing wrong with wanting to keep your lawn looking tidy, although more eco-friendly alternatives are springing up left and right. If you do choose to ‘mow it alone,’ just be sure that you’re not short on safety, no matter what length you keep your lawn.

Originally posted at InjuryBoard by Nick Avgerinos

Do Aluminum Bats Create an Unnecessary Danger for our Children?

Nick Avgerinos — Wed, 11 Jun 2008 10:37:00 GMT

Last month, the family a New Jersey boy who suffered severe brain damage when struck by a line drive off of an aluminum baseball bat created an uproar of controversy when they sued the maker of the aluminum bat, the store that sold the bat, and Little League Baseball for its endorsement of the bat.

The heart of the matter is a debate over whether or not aluminum bats are inherently more dangerous for children than wooden bats. Advocates for allowing aluminum bats sympathize with children who are injured, but blame an overly litigious society for irrationally choosing to make a simple game into a controversial battleground of placing liability. Leagues choose to use metal bats because they do not break as easily, and thus cost less to replace. Furthermore, aluminum bats can be a better teaching tool as they are easier to use.

According to a 2007 study by Illinois State University, there “was no statistically significant evidence that non-wood bats result in an increased evidence of severity of injury.” However, there is little no question that an aluminum bat allows a player to hit the ball further and harder, which is one of the primary purposes of using an aluminum bat in the first place. Thus, it is more dangerous. The Consumer Product Safety Commission issued a warning about possible dangers created by metal bats as early as 1975, shortly after they became widely used. A 2002 Brown University study confirms that balls hit by aluminum bats have a greater velocity than those by wooden bats.

An inherent danger to baseball is the risk of a child being struck by a batted ball.

However, this risk can and should be minimized. Currently, many leagues restrict the specs of the aluminum bats in order to limit their power. Legislatures in Pennsylvania have considered banning metal bats, have banned their use in high school games in New York City, and in Illinois have considered a ban in any recreational game in which a child under age 13 participates.

The debate over the safety of aluminum bats is not a new one. If a state legislature does not adequately address a perceived problem, the courts can be a reasonable means for change. The court is an appropriate forum to determine the validity of safety claims on each side of the debate. A lawsuit is not frivolous when it is brought on behalf of someone who is wrongly injured.

Originally posted at InjuryBoard by Nick Avgerinos

Pneumatic Nail Guns Affecting Tornado Alley?

Nick Avgerinos — Mon, 02 Jun 2008 10:11:22 GMT

Pneumatic nail gun safety is something that Injury Board member attorneys Steve Lombardi, Brooks Schuelke, David Mittleman, and Jean Martin have recently been addressing. For those who have been hit hard by what has been classified as the deadliest tornado season in over a decade, the ramifications of nail guns have potentially different effects. Technology has quickened the pace of our lives. The days of taking months to build a home are generally gone forever. Many homes are built in as little as a week, as shows such as ABC’s Extreme Makeover: Home Edition have shown. But, as some in Tornado Alley have potentially experienced, cutting corners with convenient pneumatic nail guns does not always pay off.

With the economy fluctuating and a mortgage crisis at hand, many are looking for less expensive homes to raise their families in. Pneumatic nail guns are helping to reduce the time spent on building at a home, ultimately lowering the price of the home. Although construction workers have always been at risk for accidents with pneumatic guns, some have suggested that those who occupy the homes are in danger as well.

Although experts have said there is no direct evidence that pneumatic nail guns have made homes in Tornado Alley more dangerous, common sense would suggest that nails which embed in underlying boards are safer than those which do not. Even though pneumatic nail guns have made construction workers more efficient, the tools deprive the worker of the ability to feel whether the nail has been driven into the underlying boards. According to an article in the Minnesota Public Radio, as many as 80% of nails are hitting air instead of hitting another board.

Although the use of manual hammers will not significantly reduce the destructive force of a tornado, cutting corners now may have long term effects. As this video post on YouTube by National Geographic shows, tornadoes are devastating by powerful forces that cannot be stopped. Those who live in Tornado Alley have learned to take measures to protect themselves from these monster storms. Experts are calling for additional wind resistance building codes that would address this problem. No state currently requires such drastic measures as using a traditional nail and hammer instead of pneumatic nail guns. Perhaps further studies and public discussion should take place.

Originally posted at InjuryBoard by Nick Avgerinos