Washington Personal Injury Lawyer & Attorney : Regan Zambri & Long Law Firm : DC Metro Area Personal Injury Law Blog

The U.S. Consumer Product Safety Commission (CPSC) announced a recall of approximately 610,000 Halloween flashlights due to a burn hazard.  Consumers are advised to stop using the product immediately and return it to any Target store for a complete refund.  We have reproduced the CPSC recall notice in its entirety for our readers.

NEWS from CPSC
U.S. Consumer Product Safety Commission
Office of Information and Public Affairs Washington, DC 20207

FOR IMMEDIATE RELEASE
October 28, 2009
Release # 10-026 Firm's Recall Hotline: (800) 440-0680
CPSC Recall Hotline: (800) 638-2772
CPSC Media Contact: (301) 504-7908
Halloween Flashlights Sold Exclusively at Target Recalled Due to Burn Hazard

WASHINGTON, D.C. - The U.S. Consumer Product Safety Commission, in cooperation with the firm named below, today announced a voluntary recall of the following consumer product. Consumers should stop using recalled products immediately unless otherwise instructed.

Name of Product: Halloween Flashlights

Units: About 610,000

Importer: Target, of Minneapolis, Minn.

Manufacturer: DGI LLC, of Warren, N.J. and Tien Hsing, of Wanchai, Hong Kong

Hazard: The flashlights can overheat and melt, posing a burn hazard to consumers.

Incidents/Injuries: The firm has received eight reports of flashlights overheating and melting, including one report of burns to the hand.

Description: This recall involves two types of Halloween-themed flashlights: the mini flashlights and flashlights sold with stencils.

Mini Flashlights - The mini flashlights have a key ring extending from the bottom and were sold in a pack of three colors: orange, green and black. The orange and purple packaging has “Mini Flashlights (3 Pack)” printed on the front and “DGI”, “Made in China” and “DPCI# 234-02-1813” printed on the back.

Standard Size Flashlights - Also included in the recall are standard sized flashlights with a black handle and an orange top. The flashlights were sold with six stencils in various colors and images: a pumpkin, ghost, spider, cat, witch and skull & cross-bones. “Flashlight with Stencil” is printed on the front and “Tien Hsing,” “Made in China” and ”234 02 1838” is printed on the back of the packaging.

Sold exclusively at: Target stores nationwide from August 2009 through September 2009 for $1 for the mini flashlights and $2.50 for the flashlights with stencils.

Manufactured in: China

Remedy: Consumer should immediately stop using the flashlights and return the product to any Target store for a full refund.

Consumer Contact: For additional information, contact Target at (800) 440-0680 between 7 a.m. and 6 p.m. CT Monday through Friday, or visit the firm’s Web site at www.target.com
Picture of Recalled Halloween Mini Flashlights Picture of Recalled Halloween Standard Size Flashlight

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CPSC is still interested in receiving incident or injury reports that are either directly related to this product recall or involve a different hazard with the same product. Please tell us about it by visiting https://www.cpsc.gov/cgibin/incident.aspx

The U.S. Consumer Product Safety Commission is charged with protecting the public from unreasonable risks of serious injury or death from thousands of types of consumer products under the agency's jurisdiction. The CPSC is committed to protecting consumers and families from products that pose a fire, electrical, chemical, or mechanical hazard. The CPSC's work to ensure the safety of consumer products - such as toys, cribs, power tools, cigarette lighters, and household chemicals - contributed significantly to the decline in the rate of deaths and injuries associated with consumer products over the past 30 years.

To report a dangerous product or a product-related injury, call CPSC's Hotline at (800) 638-2772 or CPSC's teletypewriter at (301) 595-7054. To join a CPSC e-mail subscription list, please go to https://www.cpsc.gov/cpsclist.aspx. Consumers can obtain recall and general safety information by logging on to CPSC's Web site at www.cpsc.gov.

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Posted by: Salvatore J. Zambri, Esquire

Product recalls or warnings take place every day in this country.  They relate to drugs that cause initially unexpected health problems, cars that have faulty systems that endanger lives, foods that have been found to be contaminated, etc.  What may surprise you, though, is how often companies know about dangers, but do nothing to protect the public so as to maximize profits.

The American Association for Justice has published a report that contains true stories about corporations that despite knowing about their products dangers, nevertheless continued to market them in an effort to pad profits.  Here are some examples, according to the publication:

"• A company that discovers its medical device is little more than a bomb
waiting to go off in people's hearts... and decides not to tell anyone.
• A pharmaceutical company that discovers that its drug causes severe side
effects in pediatric patients... and then spends hundreds of millions of
dollars marketing to children.
• A company that discovers its bulletproof vests are defective... and then sells
them anyway to be worn by law enforcement, the military, and the President
of the United States.
• A company that discovers rodent droppings are contaminating its food
products... and then orders them re-cooked and sold anyway.
• A car company that discovers that if it does not spend $11 per car to fix a
defect, hundreds of people will be horribly burned... and decides it would be
cheaper to let them burn."

The report notes that these stories are not isolated. Such corporate continues in America today, just as it has for decades past.  One might wonder how it was determined that the companies acted so egregiously.  How were Americans ultimately protected from such greed?  The civil justice system.  Injured victims went to attorneys who did the hard work necessary to go up against the Goliath corporations to unearth their wrongdoing.  As a result, changes were made, and people were no longer exposed to the dangers.

I am proud to be an attorney that specializes in personal injury matters, including product liability claims.  It is very gratifying to be able to help innocent people who have been terribly injured as a result of corporate greed.  Not only am I able to help the individual client, but the changes that come about as a result of our work protect Americans everywhere.  Hopefully, corporations will learn that putting profits over people is a bad business plan.

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Posted by: Salvatore J. Zambri, Esquire

Halloween is fun--one of the best days of the year for many kids and families.  All too often, though, kids are seriously injured while "trick or treating".  I urge you to take reasonable precautions so that the day can be remembered as a joyous one.

The U.S. Consumer Product Safety Commission has published some safety tips that, if followed, can protect children during the holiday festivities.

"Treats: Warn children not to eat any treats before an adult has carefully examined them for evidence of tampering.

Flame Resistant Costumes: When purchasing a costume, masks, beards, and wigs, look for the label Flame Resistant. Although this label does not mean these items won't catch fire, it does indicate the items will resist burning and should extinguish quickly once removed from the ignition source. To minimize the risk of contact with candles or other sources of ignition, avoid costumes made with flimsy materials and outfits with big, baggy sleeves or billowing skirts.

Costume Designs: Purchase or make costumes that are light and bright enough to be clearly visible to motorists.

• For greater visibility during dusk and darkness, decorate or trim costumes with reflective tape that will glow in the beam of a car's headlights. Bags or sacks should also be light colored or decorated with reflective tape. Reflective tape is usually available in hardware, bicycle, and sporting goods stores.
• To easily see and be seen, children should also carry flashlights.
• Costumes should be short enough to prevent children from tripping and falling.
• Children should wear well-fitting, sturdy shoes . Mother' s high heels are not a good idea for safe walking.
• Hats and scarfs should be tied securely to prevent them from slipping over children's eyes.
• Apply a natural mask of cosmetics rather than have a child wear a loose-fitting mask that might restrict breathing or obscure vision. If a mask is used, however, make sure it fits securely and has eyeholes large enough to allow full vision.
• Swords, knives, and similar costume accessories should be of soft and flexible material.

Pedestrian Safety: Young children should always be accompanied by an adult or an older, responsible child. All children should WALK, not run from house to house and use the sidewalk if available, rather than walk in the street. Children should be cautioned against running out from between parked cars, or across lawns and yards where ornaments, furniture, or clotheslines present dangers.

Choosing Safe Houses: Children should go only to homes where the residents are known and have outside lights on as a sign of welcome.

• Children should not enter homes or apartments unless they are accompanied by an adult.
• People expecting trick-or-treaters should remove anything that could be an obstacle from lawns, steps and porches. Candlelit jack-o'-lanterns should be kept away from landings and doorsteps where costumes could brush against the flame. Indoor jack-o'-lanterns should be kept away from curtains, decorations, and other furnishings that could be ignited."

If you have further questions about product safety, you can call the U.S . Consumer Product Safety Commission's toll-free hotline on (800) 638-2772.  If hearing impaired, you may use TTY (301) 595-7054.

All of us at RZL wish you a safe and happy holiday.

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In recent years, Halloween has jumped to the top of many lists as one of the most dangerous nights for children to be out.  Several common sense tips and guidelines help create a safer environment for Trick-or-Treaters. 

• Treats: Don't munch candy before returning home.  All treats should be carefully examined by an adult before children eat them.
• Costumes: Age-appropriate designs for costumes should focus on visibility, easy movement, flame resistance.  Reflective tape is a good addition to any costume.
• Flashlights: Carrying flashlights helps to see and be seen.
• Pedestrian Safety: Young children should be accompanied by an older responsible person, walk instead of run from house to house, use sidewalks when present, and avoid running between parked cars.
• Choose Safe Homes: Visit only homes that have welcoming outside lights, but don't go inside.
• Trick or Treat Hours: Check and follow local rules for allowable times.

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Over the last year, the American Association for Justice (AAJ) has fought to reverse the Bush administration's legacy of complete immunity preemption, pushed to end forced arbitration and advanced the rights of all Americans to hold wrongdoers accountable. This highlights video shows AAJ's accomplishments in promoting the civil justice system as shown in the media.

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Posted by: Salvatore J. Zambri, Esquire

Washington Post Staff Writer Martin Weil reports that the police have confirmed that an "81-year-old man was killed Saturday while walking a dog in Arlington County when he was struck by a truck operated by a woman learning to drive." The victim was Marco Amoni, "a self-made small businessman and entrepreneur, " who "was born in Italy and moved to the United States in 1951." He was retired and moved from Long Island New York to Arlington to be with his children and grandchildren.  We was a devoted husband and doting father and grandfather, according to his son-in-law.

According to the report, Mr. Amoni was walking his dog when a 21-year-old woman "drove over an embankment" in a parking lot, struck Mr. Amoni, and then drove her truck into a house.  In my profession, I learn of tragic events every day--people who are needlessly killed or seriously injured as a result of another person's carelessness.  Mr. Amoni's death gets me thinking about my grandfather, who came from Italy, moved to Long Island, and worked hard to build a life for him and his family.  My grandfather died as a result of medical negligence with much life left to live.  It was a difficult time for my family.  We wish the Amoni family peace.

Operators of vehicles must recognize that driving a truck or car is the same as operating a deadly weapon.  Too many deaths occur each year in America as a result of reckless driving. 

To learn about the National Safety Council's defensive driving course, please click here.

Please drive safely.

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Posted by: Salvatore J. Zambri, Esquire

National Fire Protection Week is officially from October 4 through October 10, 2009, according to the National Fire Protection Association (NFPA).  It is a great time to think about fire prevention and protection, but these issues demand year-round focus.

One of NFPA's slogans is "Stay Fire Smart! Don’t Get Burned".  It is to the point and worth remembering.  The association gives the following simple examples of how to be "fire smart": testing the water before putting a child in the bath and  wearing short or close-fitting sleeves when cooking on the stove-top.

For more information about fire prevention and protection, please visit the NFPA website by clicking here.

I have represented many people who have been seriously injured or killed as a result of fires caused by the recklessness of others, including property owners and managers, as well as the negligence of manufacturers of defective products.  We encourage property owners and managers to be sure their fire alarm and smoke detector systems are in excellent working condition.  It's a matter of life and death.

Be safe. 

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Martin Weil of the Washington Post reports that a "woman was struck by a Metrobus and critically injured Monday night in the Trinidad area of Northeast Washington," according to WMATA authorities.  The report states that the woman is alive, but in critical condition after having been transported to Washington Hospital Center.

According to the report, a Metro spokesperson said that "the woman had just gotten off the D-8 Metrobus on Mount Olivet Road NE, between Trinidad and Montello avenues. She apparently crossed in front of that bus and then was struck about 6:30 p.m. by another Metrobus traveling in the same direction."

This incident is one in a string of incidents involving Metro buses this year.  We hope that the injured woman makes a speedy and full recovery. 

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"It shows that the federal government is taking the lead," LaHood said. "This is a big deal."

The District and 18 states, including Maryland and Virginia, have banned texting while driving to different degrees.  It is great to learn that the President is taking this issue seriously and is beginning the process of making it a crime everywhere to drive while texting.  As I mentioned in a recent blog, texting while driving is increasing and is extremely dangerous.  If the federal and local governments don't act quickly, lives will be lost and others will be seriously and permanently injured.

Please drive safely.

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