As my readers know, I try to keep up with developments in areas that relate to serious injuries. A few “blogs” ago, I let you know about dangerous toys to avoid. Many of you commented that “you lawyers should do more than warn us.”

Your comments point out the need for a strong civil justice system that protects children and holds negligent manufacturers accountable.

Since 1974, the Consumer Product Safety Commission (CPSC) has issued more than 850 recalls for toy products, many for hazards like magnets, lead and other dangers hidden in our children’s toys. Between 2004 and 2008, toy-related injuries increased 12 percent, and over the last 10 years, toy-related injuries have increased 54 percent.

The CPSC is woefully under-resourced to cope with the flood of new products entering the U.S. marketplace. Until 2007, the CPSC had only 15 inspectors to monitor all ports in the United States for all products, and only one employee to conduct safety tests on toys.

The result of such corporate negligence and regulatory powerlessness is that dangerous products can be sold on shelves for years before the public has any idea of their hazards. A Public Citizen analysis of consumer recalls found that companies waited an average of 993 days to inform the CPSC of defects, and the agency then waited another 209 days before informing the public.

In the face of such risks, and with so few resources at hand, the nation has come to rely on parents, consumer groups and trial lawyers to serve both as an early warning system and an enforcement mechanism against negligent corporations and their dangerous toys.

Parents are shopping for holiday toys for their young children. Unfortunately, instead of joy and laughter, some parents will experience pain and suffering due to a serious injury to their child from a toy.

The Consumer Product Safety Commission for 2009 reported 12 toy-related deaths and over 250,000 injuries requiring treatment in a hospital emergency room. Almost 75% of those injuries involved children under 15 years old. The potential for toy related injuries to young children is staggering. So what toys have been rated as being dangerous?

The Boston-based consumer group, World Against Toys Causing Harm, Inc. (WATCH), recently released  its 2010 “10 Worst Toys” list. The toys listed have the potential to cause eye, face and head injuries, choking and internal injuries, impact injuries, hearing loss and even death.

The toys in WATCH’s 2010 list of Most Dangerous Toys Include:

-          Spy Gear Split – Blaster: WATCH warns, “Do not aim at eyes or face.” WATCH’s hazard states:Potential for eye injuries.

-          Supersplat Splatblaster: This toy shoots “splatballs” at a high velocity. The product box states, “Glasses should be worn at all times… Glasses cannot provide an actual protection.” WATCH’s hazard states: Potential for eye, face and other impact injuries.

-          Ballzillion Tug Boat Play Center: This product is intended to be used as a toy and not as a flotation device. The instructions state, “Disregard and not following the instructions could result in injury or death especially for children.” WATCH’s hazard states: Potential for injury or death.

-          My First Mini Cycle: This plastic mini cycle, targeted for toddlers as young as 18 months, sits approximately 5 inches off the ground making its low profile potentially hazardous for outdoor use. WATCH’s hazard states: Potential for head and other impact injuries.

-          Pull Along Caterpillar: This toy includes a “breakaway pull string” with a small plastic connector which presents a potential choking hazard for children. WATCH’s hazard states: Potential for children choking.

-          Animal Alley Pony: This toy has long hair that is easily removable presenting the potential for ingestion and aspiration injuries. WATCH’s hazard states: Potential for ingestion/aspiration injuries.

-          Big Bang Rocket: This toy produces a big bang noise which may cause danger to hearing if used close to the ear. WATCH’s hazard states: Potential for hearing loss.

-          Walkaroo II Aluminum Stilts: The instructions state: Do not use near stairs, steep inclines, swimming pools or uneven surfaces. They further caution, “Always remain in control of your motions.” WATCH’s hazard states: Potential for head and other impact injuries.

Our children’s toys should bring them fun and joy and not cause injury or death. This includes avoiding any toys that create the same risk of injury as those detailed above. An informed and educated parent should be able to make smarter and safer choices for holiday gifts to reduce any toy related injuries our child might otherwise experience.

The Stark & Stark Injury Group works to keep up with the latest developments and provides information to avoid serious injury. If the unfortunate does occur, the Stark & Stark Injury Group goes to work for you. http://www.starkinjurygroup.com

For years, the media fed by corporate front groups have indoctrinated the masses with the idea that lawsuits were frivolous. What is the truth? What are the facts?

Of all court cases every year, only 17% are civil. Of the 17%, only a small fraction (6%) involved tort claims. The number of tort cases has been declining every year for over a decade. This totally refutes the notion that an influx of claims are clogging the courts and leading to increased costs. In fact, the exact opposite has occurred.

Automobile-related filings, which make up the majority of tort claims, have fallen by 23% over the past ten years. Medical malpractice filings have dropped 8% and product liability filings by 4% over the same time period.

Contract cases on the other hand, which are more likely to involve businesses, have increased 23%.

A survey of federal judges found that 85% believed frivolous lawsuits were not a problem or even a small problem because most states have rules that make the filer of a frivolous lawsuit responsible for the other party’s legal fees.

The American civil justice system gives people a fair chance to receive justice and hold wrongdoers accountable. When wrongdoers act irresponsibly by delaying or refusing to pay fair and just claims, produce unsafe products, pollute our environment, or swindle employees and shareholders, the last resort for Americans to hold them accountable is in our courts.

After my appearance on the John Stossel Show, people have asked me questions about the American civil justice system. My next five blogs will answer those questions.

Is the American civil justice system fair?

America’s civil justice system gives people a fair chance to receive justice and hold wrongdoers accountable. When corporations and their CEOs act irresponsibly  by delaying or refusing to pay fair and just insurance claims, producing unsafe products, polluting our environment or swindling their employees and shareholders – the last resort for Americans to hold them accountable in in our courts.

Over years, big corporations and their front groups have attacked the civil justice system, trial attorneys and those who are injured through no fault of their own – all in an effort to pad their profits and escape accountability.

Our legal system serves as a powerful deterrent to make individuals and corporations to act responsibly.

Over the years, my clients have had the courage to come forward and fight to change bicycles, fork lifts, RV’s, and automobiles that have led to safer products.

If you have a cause that can help others achieve the American dream – innovation through individual action, call a lawyer who has the passion to fight for your rights. Our founding fathers guaranteed you a right to trial by jury. It is your duty to protect that right so that you have a fair chance to get justice.

A lawn mower is one of the most useful tools but also the most dangerous. I am called every year to represent an adult or child who was injured as a result of a lawn mower.

Lawn mower injuries can be and very often are serious. They can cause amputation, loss of sight, disfigurement, even death.

One of the main causes of lawn mower injuries is plain ignorance or negligence.

In this blog, I will tell you how to avoid lawn mower injuries and instruct you on what to do if your lawn mower injury was caused by a defective lawn mower.

The first step in avoiding a lawn mower injury is to make sure the person using it is age appropriate. At least 12 years of age for a push mower and at least 14 years of age for a riding mower is recommended. An adult should always be present.

Another tip in avoiding lawn mower injuries is to fill the tank up with gas outside while the tank is cool. This greatly reduces the chances of the fumes igniting.

Before mowing a lawn, do your best to clear it of rocks, glass and other objects. A lawn mower blade moves quickly and if it comes into contact with any of these they suddenly become projectiles.

To avoid a secondary lawn mower injury to someone else, make sure they are a good distance away. Even though you did your best to clear potential projectiles, it is better to be safe than sorry.

Finally, wear safety equipment. Steel-toed boots as well as safety glasses go a long way toward reducing your chances of lawn mower injury.

If your lawn mower injury is caused by a defective lawn mower or negligent use of the lawn mower, you may be entitled to compensation.

A personal injury lawyer who handles defective product and negligence cases can help you and advise you on the merits of your case. Don’t suffer needlessly, get legal advice.