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Summer Safety Tips from Bisnar & Chase

With the weather getting hotter as summer gets closer, swimming pools offer relief from the heat and provide families with an enjoyable and cool way to spend quality time together. But this popular and enjoyable summer activity can also be one of the most perilous. Each year over 300 children under the age of 5 are killed, and more than 2,000 more require a stay in the hospital after submersion injuries.

The following are some facts about water safety and tips on how to prevent tragic accidents this summer.

The Facts

The U.S. Consumer Product Safety Commission (CPSC) recently released a comprehensive study of drowning and submersion injuries of children under the age of 5 in Arizona, California, and Florida. This study uncovered some alarming facts:

  • 75% of submersion victims were between 1-3 years old
  • 65% of this group were boys
  • The majority were being supervised by one or more parents when the accidents occurred
  • 69% of the children were not expected to be in the pool
  • 65% happened in the family pool
  • 33% happened in a pool owned by relatives or family friends
  • 75% of victims had been missing for less than 5 minutes
Initial medical costs for submersion can be quite high, ranging from an estimated $2,000 for a victim who recovers fully to $80,000 for a victim with severe brain damage. Some severe cases require a stay in the hospital for over 120 days at a cost of over $150,000.

Prevention

The number one way to prevent accidental drowning is through constant supervision. Following these three simple steps can help prevent accidental drowning:

  • 1. Identify the Risks
  • 2. Assess the Threats
  • 3. Make the Changes
Step 1: Identify the Risks
  • Identify potential accidents and identify all the water hazards in or around the house
  • Don't overlook hazards that seem "slightly" dangerous
  • Ask yourself, "Is there a safer way?"
  • Are you or others acting in a manner that could lead to a child drowning?
Step 2: Assess the Threats

Whenever you spot a potential threat ask yourself the following questions:

  • Can I eliminate the hazard or make it safer?
  • Can I make it safe through repairs or modification?
  • Can I make people aware of the hazard?
  • Do I have a clear set of rules to avoid being hurt?
  • Is everyone aware of the rules?
75% of victims had been missing for less than 5 minutes, so beware of distractions such as:

  • Telephone calls
  • Doorbells
  • Cooking
  • Chores (i.e. laundry, gardening, etc…)
  • Other children
The following strategies can help prevent accidents before they happen:

  • Take children out of the bath if you have to leave the room
  • Indoor spas should have a lockable door and be emptied immediately
  • Empty wading pools immediately after use and store them a such a way so they wont collect rain water
  • Don't allow water to stand on pool covers. Algae grows on a wet cover making it extremely slippery, making it difficult to get out of
  • Cover outdoor ponds with a fixed grill
  • Flotation aids (i.e. Water-Wings) are NOT lifesaving devices
  • Learn CPR
  • Have rescue aides next to the pool
  • Keep a phone and emergency numbers ready at the side of the pool
  • Instruct babysitters about the potential hazards and the operation of safety devices such as covers and emphasize the need for constant supervision
  • During gatherings appoint a designated watcher
  • If a child goes missing, check the pool first. Seconds count in preventing disability or death.
  • Do not allow children in the pool without adult supervision
  • Remove toys from the pool when not in use
  • Never prop open the gate to the pool
Barriers
  • Barriers include but are not limited to:
    • Fences
    • Walls
    • Power safety covers
  • Barriers are NOT childproof, but provide time to locate missing children
    • Install a fence or wall around the entire perimeter of the pool or spa with a minimum height of four feet
    • All fence gates should be self-closing and self locking with the latch in good working condition
    • Vertical fence slats should be no more than four inches apart to prevent a child from squeezing through
Door Alarms
    " If the house forms one side of the barrier doors leading to the pool should have an audible alarm to alert parents that the door has been unexpectedly opened
Power Safety Covers
  • Covers should meet the requirements of the ATSM
    • ASTM requires a pool cover to hold the weight of two adults and one child to facilitate a quick rescue if someone should fall onto the cover
    • Also the ASTM requires a method for quick removal of water standing on the pool cover
Above Ground Pools
  • Steps and ladders should be removed from the pool or secured when the pool is not in use
Step 3: Make the Changes

Make changes to the hazardous situations quickly before people forget that the hazard exists, making it even more dangerous.

Amusement Parks - What You Don't Know But Need To

Another source of serious injury this summer will be those suffered at amusement parks. State agencies regulate permanent amusement park ride injuries to the government and there is no federal regulation. Only mobile rides, such as travelling carnivals, are federally regulated. According to the U.S. Consumer Product Safety Commission (CPSC) 11 states DON'T HAVE ANY RULES FOR INSPECTION OF AMUSEMENT PARK RIDES. It is up to the consumer to be cautious and use common sense when visiting an amusement park.

Injury Statistics

Most amusement park injury data comes from the CPSC, whose annual estimates are extrapolated from a sample of only 2% of the nation's hospital emergency rooms. Only one of the sampled hospitals is located near a major amusement park. According to CPSC in the year 2000, there were 3,990 people injured while riding an amusement at a mobile carnival. This was an increase of 33% since 1993. In the same time frame 6,590 people were injured while at a fixed site amusement park, almost twice the amount. This number has increased 57% in seven years.

Children, between the ages of 10-14 are the most susceptible to injury while riding. 18% of all injuries occur to kids within this age group. Size, age, and inexperience are the primary risk factors. Teenagers are the next highest at 14%, followed by 5-9 years old 12.6 % and 0-4 years old at 6.3 %. Females were injured 1.5 times (61%) more than males (39%).

Injury Tips
  • Record the name of the park, the name of the ride and the time and date you were injured
  • Get the name of the ride operator and any other descriptions such as gender, age, employee number
  • Report the injury to the ride operator as soon as possible and request a copy of the injury report
  • If you feel the injury was a result of mechanical error, report the injury to the proper state authority or the U.S. Consumer Product Safety Commission
  • Be aware that the things you tell the park may be used against you
  • Get the advice of an experienced personal injury lawyer as soon as possible to protect your rights.
Park Precautions

Above all, follow your instincts. If something about a ride seems unsafe or anything seems out of whack, don't ride. Don't board a ride if you see obviously broken parts, signs of poor maintenance, or an inattentive operator. Most amusement parks and carnivals pay strict attention to rider safety and equipment maintenance. However, as in every industry there are unfortunate exceptions.

Recently Recalled Products - Check your Home Now:

CPSC, Aqua-Leisure Industries Inc. Remind Consumers about Recall of Inflatable Baby Floats

WASHINGTON, D.C. - As the summer season approaches and swimming pools begin to open, the U.S. Consumer Product Safety Commission (CPSC) and Aqua-Leisure Industries Inc., of Avon, Mass., reminds consumers of a voluntary recall of about 90,000 "SunSmart" baby floats announced in November 2001. The leg holes in the seat of the float can tear, causing children to unexpectedly fall into the water and possibly drown.

Consumers should stop using these recalled floats immediately and contact Aqua-Leisure for a free replacement. www.aqualeisure.com.

CPSC, NHTSA, and Dorel Juvenile Group Inc. Announce Recall to Repair Infant Car Seats/Carriers

WASHINGTON, D.C. - In cooperation with the U.S. Consumer Product Safety Commission (CPSC) and the National Highway Traffic Safety Administration (NHTSA), Dorel Juvenile Group Inc., of Columbus, Ind., is voluntarily recalling about 26,000 Safety 1st and Beatrix Potter "Designer 22" infant car seats/carriers. When the seat is used as a carrier, the plastic handle can unexpectedly release from the carrying position. When this happens, an unrestrained infant can fall to the ground and suffer injuries.

Mass merchandise and department stores nationwide sold the "Designer 22" infant car seats/carriers from January 2002 through April 2002 for between $40 and $70. None of the car seats/carriers was sold in Canada.

Consumers can continue to use the "Designer 22" as a car seat but should stop using it as a carrier immediately and contact Dorel Juvenile Group to receive a repair kit. Consumers can contact Dorel at the firm's web site at www.djgusa.com.

CPSC, Rose Art Industries Announce Recall to Repair Cotton Candy Machine

WASHINGTON, D.C. - In cooperation with the U.S. Consumer Product Safety Commission (CPSC), Rose Art Industries Inc., of Livingston, N.J. is voluntarily recalling about 188,000 cotton candy machines. The motors on the cotton candy machines can jam and overheat, posing a fire hazard. Additionally, the heating unit can be activated without the spinner in place, presenting a risk of burn to consumers.

The recalled cotton candy machines have either a blue or a purple base and a clear plastic cover. The words "The Real Cotton Candy Machine" are printed in a rainbow of colors on the base of the machine and on the packaging. The product is marketed for children ages 10 and up. The cotton candy machines were made in China.

Toy and discount stores sold these cotton candy machines nationwide from September 2001 through April 2002 for about $27.

Consumers should stop using these cotton candy machines immediately and contact Rose Art at (888) 262-4474 anytime for a free replacement motor unit, and free samples of flavored sugar to make cotton candy. For more information, consumers can visit the firm's web site at www.roseart.com

GAS BOILERS The U.S. Consumer Product Safety Commission and ECR International, of Utica, New York are recalling about 8,000 gas-fired boilers. The burners on these boilers could produce excess carbon monoxide (CO) in the flue, due to improper combustion, posing a risk of CO poisoning to consumers.

For more information, see http://www.cpsc.gov/cpscpub/prerel/prhtml02/02152.html

For a complete list of recalled products go to: http://www.cpsc.gov/cpscpub/prerel/prerelmay02.html



"This Newsletter is my way of sharing information that I believe may be helpful to keep you and your family out of harm's way or may be otherwise helpful, empowering or entertaining. If you have important information, or an empowering or funny story that you would like to share with my readers, please email it to me.

-- John Bisnar, Senior Partner Bisnar & Chase
(Personal Mission: To create an enlightened world by empowering us all.")

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Southern California Personal Injury Lawyer Disclaimer: The defective product, product recall, dangerous products, child safety, recalled products, personal injury, wrongful death, product liability or other personal injury legal information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer or attorney client relationship. Any results set forth here were dependent on the facts of that case and the results will differ from case to case. Please contact a product liability lawyer or defective product attorney at our law offices. This web site is not intended to solicit clients for matters outside of the State of California, although we have relationships with attorneys and law firms in states throughout the United States. The lawyer responsible for this website is John Bisnar.

The Product Liability Attorneys at Bisnar|Chase are licensed to practice in California and Nevada. We represent Product Liability Injury clients in other states through our associations with local law firms. Through the local firm, we will be admitted to practice law in their State, "pro hac vice", meaning "for this particular occasion". When in our client's best interest, we employ the local law firm (at no additional cost to our client) to assist us with routine court appearances and discovery proceedings to more efficiently pursue our client's cause.

Copyright © 2008 Bisnar | Chase , LLP - All rights reserved.

The Accident Injury Attorneys at Bisnar Chase are licensed to practice in California, Nevada, New York and New Jersey. We represent Accident Injury clients in other states through our associations with local law firms. Through the local firm, we will be admitted to practice law in their State, "pro hac vice", meaning "for this particular occasion". When in our client's best interest, we employ the local law firm (at no additional cost to our client) to assist us with routine court appearances and discovery proceedings to more efficiently pursue our client's cause.

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