Popular Baby Swings and Rockers Recalled

The Consumer Product Safety Commission (“CPSC”) announced this week that 4moms, the manufacter of multiple baby rockers and swings have been recalled after a recent baby death. The 4moms s MamaRoo Baby Swing — versions 1.0 through 4.0 — and RockaRoo Baby Rockers have all been recalled.

“When the swing or rocker is not in use, their restraint straps can dangle below the seat and non-occupant crawling infants can become entangled in the straps, posing a strangulation hazard,” The CPSC stated.

4moms hads this today about the recent recall: “4moms has received two reports of entanglement incidents involving infants who became caught in the strap under the unoccupied MamaRoo infant swing after they crawled under the seat, including a 10-month-old infant who died from asphyxiation, and a 10-month-old infant who suffered bruising to his neck before being rescued by a caregiver,” a statement from the CPSC and 4moms indicated. “No incidents involving the RockaRoo have been reported.”

Both 4moms and the CPSC recommended that owners of these swings immediately stop using them.

If you or a loved one has been seriously injured in a Chicago personal injury accident or believe you have an Illinois products liability claim, please call the Chicago injury lawyers at the Bryant Law Group, LLC at 312-614-1076 for a free legal consultation.

Summer Pool And Swim Safety Tips

We are in the dog days of summer. Those with kids have no doupt been regulars at their local pools and ,if lucky, visited beaches. Swimming is one of the most popular summer activities for kids. It’s such a normal and regular activity, that we as parents can often forget the basic safety precautions we should take. This is especially true with young children who have not had formal swimming lessons yet. Below are some important safety tips from the American Red Cross. These are precautions that we should all take into consideration regardless of whether at a home pool or at the local community pool or club.

Tips for supervising children:

  • Swim in designated areas supervised by lifeguards. Always swim with a buddy; do not allow anyone to swim alone.
  • Provide close and constant attention to children you are supervising, even when a lifeguard is present, no matter how well the child can swim or how shallow the water. Avoid distractions including cell phones.
  • Never leave a young child unattended near water and do not trust a child’s life to another child; teach children to always ask permission to go near water.
  • Designate a water whatcher whenever in a group setting.
  • Stay within an arm’s reach of any weak or inexperienced swimmer who is in the water. 
  • Have young children or inexperienced swimmers wear U.S. Coast Guard-approved life jackets around water, but do not rely on life jackets alone.
  • Do not rely on the use of water wings, swim rings, inflatable toys or other items designed for water recreation to replace adult supervision. 
  • If you have a pool, secure it with appropriate barriers to prevent unsupervised access to the water.Many children who drown in home pools did so during non-swim times – when they weren’t expected to be in the water, including as the swimming activity was coming to an end and everyone was thought to be out of the water. 

What to do in case of an emergency:

  • If a child is missing, check the water first. Seconds count in preventing death or disability.
  • Know how and when to call 9-1-1 or the local emergency number.
  • Have appropriate equipment, such as reaching or throwing equipment, a cell phone, life jackets and a first aid kit.
  • Enroll in age-appropriate Red Cross water orientation and learn-to-swim courses.
  • Enroll in Red Cross home pool safety, water safety, first aid and CPR/AED courses to learn how to prevent and respond to emergencies.

Have fun out there this summer, but remember these tips especially if you are with someone who can’t swim or if supervising children.

If you or a loved one has been seriously injured in a Chicago personal injury accident, then call Chicago truck accident lawyer, Aaron J. Bryant, for a free legal consultation at 312-614-1076.

Major League Baseball To Extend Netting At All 30 Ballparks

Multiple news outlets, including ESPN.com, reported this week that all 30 Major League Baseball (“MLB”) parks will extend their protective netting beyond where they currently sit as of the end of the 2019 season.

While at the Winter Meetings, MLB Commissioner Rob Manfred, told reporters that the netting at all ballpark stadiums will extend beyond the duguouts (where the teams sit), but that each stadium will be different. “Seven clubs will have netting that extends all the way to the foul pole,” Manfred said. “Fifteen additional clubs are expanding netting for the 2020 season. There is some variation in this group of 15, but, in general, they are extending netting past the end of the dugout to the elbow in the outfield where the stands begin to angle away from the field of play.”

The Chicago White Sox were the first team to extend netting all the way to the outfield foul poles, which essentially protects all fans on the lower level from foul balls and broken bats that inadvertently fly in the stands.

There have been calls from the media and fans to extend netting at all the ballparks after a series of fan injuries, including the serious injury to a young girl this past season in Houston. MLB is doing the right thing in this situation. I have discussed on this blog in the past that Courts throughout the country have rarely held the MLB or individual teams liable for fan injuries from fly balls. This has been referred to in common law as the baseball rule which says that fans by buying a ticket they are assuming the risk that they could be injured at a game by a ball or a bat flying into the stands. I have criticized this rule over and over again because as the injuries continued, many teams were reluctant to expand their protective netting. The MLB, which knows they probably won’t be held liable in court, is still doing the right thing by expanding the netting at all the stadiums.

If you or a loved one has been seriously injured in a Chicago personal injury accident or Chicago truck accident, then Call Chicago accident attorney, Aaron J. Bryant, for a free legal consultation at 312-614-1076

Safe Swimming Tips For Young Children

The summer is almost over but it is never too late to discuss safe swimming tips for kids or young children learning to swim. Gold Fish Swim School, which provides swim classes for toddlers and young children recently joined ABC 7 in Chicago, and provided the following safety tips for parents of young children or toddlers just learning to swim.

1. Sign your children up for swimming lessons. Swimming lessons are the number one thing you can do to prepare your children for the potential dangers of water.

2. Use a Water Watcher Card. A water watcher card is designated to an adult who is not distracted by a phone, drink, etc., tand is paying close attention to kids who are swimming.

3. Buy your children a USCG (United States Coast Guard) approved life jacket. It’s a mistake to think floaties and pool toys are life-saving devices.

4. Most drownings happen during non-swimming times, so make sure there are appropriate barriers around pools and doors are locked so children cannot get in the water when it’s not a designated swim time.

These are just a few tips. I think the tip to pay most attention to right now is for parents to put their phones down and focus on their children. This is especially true for those with very young children. It’s very easy for all of us to become preoccupied with reading our smart phones. Pools can be incredibly dangerous areas for inexperienced and young swimmers and they need parent’s attention and focus the whole time.

If you or a loved one has been seriously injured in a Chicago personal injury accident or Chicago truck accident, then call Chicago accident lawyer, Aaron J. Bryant for a free legal consultation at 312-614-1076.

Chicago White Sox First Major League Team To Extend Protective Netting

I have written multiple times over the past few years about a number of baseball fans injured by foul balls at major league baseball games. Over the past few years, all the major league teams extend protective netting to the end of each dugout where the players and coaches sit. Despite these extensions over the last few years, fan injuries have continued.

A 2 year old boy was injured in Houston earlier this year, along with a 3 year old in Cleveland earlier this week. Last month a woman was injured at a Chicago White Sox game. This woman’s injury was enough for Chicago White Sox owner Jerry Reinsdorf to take action. He asked his grounds crew overt the All Star break to investigate and eventually install protective netting that extends all the way to the outfield foul pole. The first game with the new netting was this week against the Miami Marlins. The only other team to announce adding the additional netting were the Washington Nationals.

What will the rest of major league baseball do in response to all these injuries? I hope they follow suit and do what the White Sox have accomplished. Obviously the technology is there, and there is no reason for teams to hold off any longer.

The question remains whether injured fans have any recourse against teams and major baseball. The family of the 2 year old has filed suit against the Houston Astros and Major League Baseball. Typically, these types of lawsuits have been dismissed based on an assumption of risk rule (referred to as the “baseball rule”) that protects major league teams. Each ticket sold basically states that they are not responsible for injuries that come as a result of errant foul balls, and courts have held that this should protect the teams and league from liability. But will this hold up when the teams know that the netting they currently have is not enough to protect fans? They are on notice and if they refuse to extend the netting, then I believe a court should refuse to dismiss these types of cases. I hope the case is litigated so that we can see a change in the law.

If you or a loved one were seriously injured in a Chicago personal injury accident or Chicago truck accident, then call Chicago accident lawyer, Aaron J. Bryant, for a free legal consultation at 312-614-1076.

Class Action Lawsuit Alleges Antitrust Violations Against Real Estate Brokers

A new class action lawsuit against the National Association of Realtors (“NAR”), by a group of home buyers was filed in the United States District Court, Northern District Illinois this week. The lawsuit, titled Moerhl v National Association Realtors (NAR) alleges antitrust violations by the NAR, due to their practices of forcing home buyers to pay a non-negotiable 6% fee to their agents on all home sales. The suit states that this practice by buyers agents prevents home sellers from the freedom to negotiate their own rate with their real estate agents. Realogy Holdings, HomeServices of America, RE/MAX and Keller Williams are also named in the suit.

The lawsuit cites a 2002 study that if sellers were free to negotiate with their agents, then the commission would fall somewhere closer to 3%.

I am certain that the NAR and associated agencies will argue that that the benefits that brokers provided more than made up for the 6% commission paid. For example, they will argue that the benefit of putting the home up on the MLS, which allowed the homes to be viewed on multiple websites (Redfin etc…), allowed homes to be sold much more quickly and at the highest possible price. They will argue that homes sold by buyers most likely take longer to sell and do not reach the same value as they would on the MLS because they are viewed by less potential buyers.

I am not an antitrust expert by any means, but I will predict that this will be a fiercely fought legal battle. Experts are saying there could be up to 54 billion in damages alleged.

If you or a loved one have been seriously injured in a Chicago personal injury accident or Chicago truck accident, then call Chicago accident attorney, Aaron J. Bryant, for a free legal consultation at 312-614-1076.

NTSB Issues Initial Report From Fatal Duck Boat Accident

The National Traffic Safety Board (“NTSB”) issued an initial report regarding the fatal duck boat accident that occurred on Table Rock Lake in Branson Missouri last month. The accident killed 17 of the 29 passengers who were aboard.

The report states that the boat sank while it was within fifteen (15) of water, and eventually sank to to bottom at 70 feet below the surface. The report, unfortunately, only raises more questions, including why the boat company and its’ captain allowed the boat to go back out into the water while an enormous storm with 70 mph winds was about to hit them? Also, why weren’t the passengers wearing life jackets? Were there enough life jackets? I’m also curious as to the design of these boats? Are they safe or is there a flaw in the design which can cause it to capsize?

Two (2) different lawsuits have been filed already for a handful of the deceased’s families. Once lawsuit was filed in federal court in Kansas City, which names the touring company, their parent companies and also the boat manufacturer. A second lawsuit was filed in state court. It will be interesting to see how much information is gleaned during discovery period of these lawsuits, or if settlements will be reached prior exchange of documents and depositions. I will also be looking forward to the NTSB’s final report.

If you or someone you love has been injured in an Illinois boating accident or a Chicago personal injury accident, then call Chicago accident attorney, Aaron J. Bryant, for a free legal consultation at 312-614-1076.

Will Southwest Airlines Passenger Fatality Lead To More Thorough Engine Inspections?

Whether you fly Southwest Airlines or not, it was terrifying to hear about the passenger death occurred last month on that airline while the plain was mid-flight. The Southwest 737  engine failed, causing a blast the shattered a window and eventually killing one passenger.

Reports have indicated that a cursory inspection of the engine just two (2) days before this incident revealed that the engine seemed to be in perfect working condition.  Robert L. Sumwalt, chairman of the National Transportation Safety Board (“NTSB”), said a blade in the engine had broken in two places — where the blade attaches to the main hub and higher up, approximately at the midpoint of the blade. He said that a crack “was on the interior of the fan blade,” and that it was “more than likely not detectable from looking from the outside.”

Days after the incident, investigators are concluding that a simple visual inspection of an engine may not be enough. According to the New York Times, the company who manufactures the engine, CFM International,  recommended that airlines conduct ultrasound inspections of the blades. In the United States, carriers aren’t required to follow manufacturers’ guidelines.

The Federal Aviation Administration (FAA) is now issuing a directive that all airlines follow CFM’s recommendation to perform the more thorough ultrasound inspection. Unfortunately this is a few weeks too late.

It is important to point out that the NTSB still has not concluded what the root cause of he blade to break apart. It could have been, as suggested above, a lax inspection process. Or possibly a design defect in the engine.

I believe we will see a wrongful death lawsuit filed by the family of the deceased passenger. They will no doubt name both Southwest and the engine manufacturer as defendants in the case. The interesting thing in this case, which does not bode well for Southwest, is that the Plaintiff’s attorney and the engine manufacturer will argue that they recommended ultrasound inspections for all engines over a year prior to this incident. Southwest did not follow these instructions, and that could be viewed as negligent behavior. It could be argued that Southwest had notice of the potential issue and that the time and cost of this more intense inspection were minimal. Failure to do this inspection was negligent behavior that caused this accident. It will be interesting to see what happens and whether a lawsuit is eventually filed.

If you or a loved one have been seriously injured in a Chicago personal injury accident, then call Chicago accident lawyer, Aaron J. Bryant, for a free legal consultation.

Toronto Blue Jays Latest MLB Team To Extend Protective Netting Behind Home Plate

I have written in the past about several major league baseball franchises extending the netting behind home plate in an attempt to protect fans from foul tips and broken bats. According to ESPN, the Toronto Blue Jays are extending the protective netting at Rogers Centre to the outfield end of each dugout this season and increasing the height of netting behind home plate by approximately 10 feet, to 28 feet. Ten other franchises have previously extended the netting in recent seasons and Toronto is one of eleven other teams to announce the extensions for the 2018 season.

It is interesting to see this move by major league baseball. As I have written in the past, when a fan buys a ticket to a major league game, the ticket includes a waiver that exempts the teams from liability due to injuries from errant balls and bats flying into the stands. This also includes a flying hot dog that injured a man’s eye at a Kansas City Royals game several years back. A Missouri appeals court concluded that this waiver of liability included an errant hot dog that flew from a launcher sent out to fans that injured a man.

At a 2016 game in Tampa, who had also recently extended their nets, a foul tip actually flew through the netting and injured a fan. It is unclear whether a lawsuit was filed in that case, but I believe it could have been argued that the Tampa organization could have been held liable because they actually created the dangerous condition by not providing a sufficient protection when the ball flew through the net. Or in the alternative could argue that the netting was defective.

Regardless, it is encouraging to see a majority of the major league baseball teams take necessary steps to protect their fans.

If you or someone you love has been seriously injured in Chicago personal injury accident or a Chicago workers compensation accident, then please call Chicago accident attorney, Aaron J. Bryant, for a free legal consultation at 312-614-1076.