Recently in Safety Category

The U.S. Consumer Product Safety Commission (CPSC) announced today that Pro-Pac Distributing Corporation, of Gardena, Calif., has agreed to pay a civil penalty in the amount of $125,000. The penalty settlement, which has been provisionally accepted by the Commission, resolves CPSC staff allegations that Pro-Pac knowingly failed to report to CPSC immediately, as required by federal law, that two different children's hooded sweatshirts it imported and distributed had drawstrings at the neck.

Children's upper outerwear with drawstrings at the neck and waist can pose a substantial risk of injury or death when the string on the garment catches onto an item such as playground equipment.  CPSC issued drawstring guidelines (pdf) in 1996 to help prevent children from being strangled or becoming entangled by the neck and waist drawstrings in upper outerwear, such as jackets and sweatshirts. In 1997, industry adopted a voluntary standard for drawstrings that incorporated the CPSC guidelines. In May 2006, CPSC's Office of Compliance announced (pdf) that children's upper outerwear with drawstrings at the hood or neck would be regarded as defective and as presenting a substantial risk of injury to young children.

About 7,000 of these sweatshirts were sold under the ProClub label at various retailers in Los Angeles, Calif., and Las Vegas, Nev., from November 2008 through December 2008 for around $20.  In July 2009, CPSC and Pro-Pac announced the recall of both of Pro-Pac's hooded sweatshirts with drawstrings due to a strangulation hazard.  Due to the serious nature of this hazard, parents are urged to immediately remove the drawstrings from the sweatshirts or return the garments to either the place of purchase or to Pro-Pac for a full refund.

Federal law requires manufacturers, distributors, and retailers to report to CPSC immediately (within 24 hours) after obtaining information reasonably supporting the conclusion that a product contains a defect which could create a substantial product hazard, creates an unreasonable risk of serious injury or death, or fails to comply with any consumer product safety rule or any other rule, regulation, standard, or ban enforced by CPSC.

In agreeing to the settlement, Pro-Pac Distributing denies that it knowingly violated the law, as alleged by CPSC staff.

The U.S. Consumer Product Safety Commission is charged with protecting the public from unreasonable risks of injury or death from over 15,000 types of consumer products under the agency's jurisdiction.  Deaths, injuries and property damage from consumer product incidents cost the nation more than $800 billion annually.  The CPSC is committed to protecting consumers and families from products that pose a fire, electrical, chemical, or mechanical hazard. 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 30 percent decline in the rate of deaths and injuries associated with consumer products over the past 30 years.

Under federal law, it is illegal to attempt to sell or re-sell this or any other recalled product.

To report a dangerous product or a product-related injury, call CPSC's Hotline at (800) 638-2772, teletypewriter at (800) 638-8270, or visit www.cpsc.gov/talk.html. Consumers can obtain this press release and recall information at www.cpsc.gov. To join a free e-mail subscription list, please go to www.cpsc.gov/cpsclist.aspx.

The May 2009 collapse of a Dallas Cowboys practice facility was caused by the structure's faulty design, poor workmanship and a failure to disclose that the building was out of compliance with building codes, according to two lawsuits filed by The Law Offices of Frank L. Branson on behalf of injured Cowboys' scouting assistant Richard Behm and special teams coach Joe DeCamillis.

Mr. Behm and Mr. DeCamillis and several others were injured at the Valley Ranch practice facility during a thunderstorm on May 2 when the roof of the structure split open, causing heavy steel supports to crumple and fall. Mr. Behm was paralyzed from the waist down when his spine was severed by falling debris, and Mr. DeCamillis suffered a serious compression fracture with dislocation of a cervical vertebrae.

The lawsuits charge that the building's faulty tent-like design presented a safety hazard, and that poor workmanship and improper use of building materials caused the structure to be inadequately secured to its concrete foundation. According to the lawsuits, the building designer was aware of the safety problems but performed only a partial temporary repair and represented to the Cowboys that the design defaults had been permanently and adequately repaired.

The defendants include building manufacturer Summit Structures LLC of Allentown, Pa.; marketer and distributor Cover-All Building Systems Inc. of Saskatoon, Canada; engineer Scott Jacobs and engineering services company JCI Holding LLC of Las Vegas; construction contractor Midwest Building and Fencing Inc. of South Haven, Minn.; construction materials supplier Hilti Inc. of Tulsa, Okla.; and concrete contractor Wrangler Concrete Construction LP of Burleson, Texas.

"What we've learned in our investigation is that this tragedy simply did not have to happen," says attorney Frank Branson, lead counsel for Mr. Behm and Mr. DeCamillis. "Our clients would never have been injured if the building had been constructed properly, if repairs were performed as promised, or if those responsible had made any of these shortcomings known. Putting people in this building as it was designed and built was a recipe for disaster."

The lawsuits charge the defendants with negligence and gross negligence and seek unspecified damages, including past and future medical treatment and loss of earning capacity for Mr. Behm and Mr.DeCamillis.

The Law Offices of Frank L. Branson represents clients in cases involving complex product liability, catastrophic injury, commercial air crashes, professional negligence, and business torts. To learn more about Mr. Branson and his firm, visit http://www.flbranson.com.