This past Friday your attorneys in Charleston at Howell and Christmas read a release from the U.S. Consumer Product Safety Commission (CPSC) that seemed particularly pertinent to share. In cooperation with Triple Eight Distribution, Inc., the CPSC has issued a voluntary recall of multi-purpose bicycle helmets for children and youth because of the product’s risk of causing a serious head injury to its young user. The Triple Eight helmets have been sold at bicycle and sports shops and other retailers across the United States and online from August 2006 through November 2011 for around $40.
According to the CPSC release, product testing of the helmet revealed that these Triple Eight helmets do not comply with CPSC safety standards for impact resistance. Thus, in the event of fall from a bicycle, skateboard, rollerblades, etc. the young wearer could suffer from a serious head injury. Although no incidents have been reported, it is good that the CPSC has taken preemptive action to take this product off the market.
If you have purchased one of these Triple Eight helmets for your child it is important to stop your child from using the product and contact Triple Eight for a full refund. You can contact Triple Eight toll free at (888) 548-8518 between 9 a.m. and 5 p.m. ET Monday through Friday or visit the firm’s website at www.triple8.com.
Noted in the CPSC recall release is that it is illegal to resell or attempt to sell a recalled consumer product. Your Charleston product liability lawyers remember back to 2009 when the Federal Government began enforcing ruled under the “Resale Round-Up” program that could result in a seller paying huge fines for selling recalled consumer products, even when that transaction occurs between private individuals. Previously, the law made a distinction between casual buyers and commercial sellers in tort and criminal law. But said program aimed to eliminate that distinction and punish those who sell defective and recalled products. Regardless if it is a commercial seller like a major retail outlet, or an individual selling goods at a flea market or garage sale, it is the seller’s duty to be aware of products that have recalled by the CPSC. So, no matter the context in which a sale takes place, selling anything from a Easy Bake Oven to a Triple Eight helmet can result in fines of $100,000 up to $15 million. Thus, the CPSC urges sellers of all types to check their website for information before engaging in a transaction involving a product that could be unsafe to both adults and children.
For informational purposes, “head injury” is a broad term used to describe the extensive array of injuries to the scalp, skull, and brain and those underlying tissue and blood vessels in a child’s head. These injuries could be a mild external bruise or bump on a child’s head or as severe as a concussion or a fractured skull. All forms of head injury are fairly common in adolescents and children, but studies show that they are twice as likely to occur in males than in females, which doesn’t seem so surprising given the rambunctious nature of young boys. In that same vein, studies also show that head injuries are more likely to occur in the spring and summer months when children are more active outdoors riding bicycles, skateboards, and other activities.
With this in mind your Charleston child injury attorneys at Howell and Christmas would like our readers with children to take special precaution in the event your child has taken an accident fall and hit their head. It is not always apparent that a head trauma is serious right away, it can take time before symptoms become noticeable. For an in-depth look at child head injuries and a list of symptoms to watch out for, please take a look at the Children’s Hospital Boston website.
