Hazardous Products
Product liability deals with cases involving defective or unsafe products. Manufacturers, wholesalers, and retailers of products can be held liable for damages arising from the use of defective products. Products covered by this area of law include food, drugs, and real estate, as well as virtually all consumer products. The user who is injured and seeks damages does not need to be the original purchaser of the product, nor does a person seeking damages always have to prove negligence. Product liability frequently is a question of strict liability: that is, if the product is defective and that defect caused injury, the injured user may sue for damages as long as the product was used as it was meant to be used and not substantially changed from its original condition.
If the injured user was using the product in a manner not intended by the manufacturer or retailer, or had altered the product so that safety features were disabled, it may not be possible to prove that injuries were caused by defects in the product. The defendant may be able to successfully claim that the injuries were caused by the acts of the plaintiff.
Questions of negligence and breach of warranty are also grounds for a claim for damages under product liability. In the case of negligence, if it can be shown that a company was negligent in testing its product adequately or in supplying directions for its use, the injured party probably has grounds for filing suit. Similarly, a manufacturer implies a warranty for fitness of use and freedom from defect when an item is sold. If the item proves to be defective, or is unfit for the purpose intended, an injured user can file a product liability case. In a case of negligence, it is important that the plaintiff be able to show that the product was defective when it left the control of the party being sued. It is not possible to hold someone liable for a defect that occurred after that party had control over the product.
In product liability, there are various areas of defects that can occur. If a claim of strict liability is to be pursued, the injured party will need to show that due to a defect, the product was unreasonably dangerous for its intended use. There are generally three areas in which a product can be unreasonably dangerous:
1. The manufacturer or seller can fail to warn about dangers associated with the product's use. Manufacturers and sellers are expected to give adequate warnings about possible dangers and to provide clear and adequate instructions of use. Failure to do so can cause a useful product to become deadly. For instance, coolants used in automobiles are extremely toxic; failure to print warnings of this toxicity on the product labels could lead to an accidental poisoning and thus to a suit for damages.
2. The product may have a design defect. This means that the product is manufactured with a defect, even if it is assembled perfectly. An example would be a car gasoline tank that is designed with weak walls such that an impact can rupture the tank and cause the car to catch on fire, even when the tank is correctly assembled and installed.
3. A manufacturing defect exists when an otherwise safe product is rendered dangerous because it is assembled improperly. A car whose wheel is installed with missing or cross-threaded bolts may lose a wheel at high speed, injuring or killing the driver and passengers. If it is proved that the car was manufactured with that defect, the manufacturer will be liable.
In all cases of product liability, it is essential to the success of the case that the product be preserved and that all paperwork showing the origin of the product be made available. Receipts showing purchase, any repair records, etc., can be vital to building a successful case.
If you or a loved one has suffered an injury, illness or death in connection with the use of a hazardous product, call VanDerGinst Law at 1-866-843-7367 or click here for a FREE online case evaluation. The initial consultation is free of charge. If we agree to handle your injury case, we will work on a contingency fee basis, which means we get paid for our services only if, and when, there is a money recovery for you. In many cases a lawsuit must be filed before an applicable expiration date, known as a statute of limitations. So please call right away to ensure that you do not waive your right to possible compensation.
Hazardous Products
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Links on the Web
 US Consumer Product Safety Commission - Recent Recalls and Product Safety NewsRecalls and product safety news from CPSC |
| Tue, 27 Jul 2010 19:00:00 GMT Husqvarna Professional Products Recalls Riding Lawn Tractors Due to Fire Hazard The fuel line on the rear-mounted fuel tank is too long and can come in contact with moving parts while the tractor is in use, posing a fire hazard. Click here to read this Hazardous Products news article. |
| Mon, 26 Jul 2010 17:00:00 GMT Brine Recalls VIP Lacrosse Gloves Due to Violation of Lead Paint Standard Screen printing ink used on the silver triad logo on the back of the glove contains excessive levels of lead, violating the federal lead paint standard. Click here to read this Hazardous Products news article. |
| Mon, 26 Jul 2010 11:40:00 GMT Baby Matters Recalls Nap Nanny(r) Recliners Due to Entrapment, Suffocation and Fall Hazards; One Infant Death Reported Infants can partially fall or hang over the side of the Nap Nanny(r) even while the harness is in use. This situation can be worse if the Velcro(tm) straps, located inside the Nap Nanny(r) cover are not properly attached to the "D"-rings located on the foam, or if consumers are using the first generation model Nap Nanny(r) that was sold without "D"-rings. Click here to read this Hazardous Products news article. |
| Fri, 23 Jul 2010 18:00:00 GMT CPSC Announces Pool and Spa Kids Safety Education Effort Halfway through the summer swimming season, the U.S. Consumer Product Safety Commission (CPSC) has seen news reports of more than 210 child drowning and non-fatal submersion incidents in pools and spas around the country since Memorial Day Weekend. In an effort to reduce these preventable incidents, CPSC and partners Safe Kids USA and the National Drowning Prevention Alliance (NDPA) joined forces today to introduce a new kids safety education program. The centerpieces of the program are a multi-part educational video and an online activity, which are part of CPSC's national Pool Safely campaign. Click here to read this Hazardous Products news article. |
| Thu, 22 Jul 2010 13:00:00 GMT Near Strangulation Prompts Recall of Roman and Roller Shades by Smith+Noble The shades pose a strangulation risk to children. Click here to read this Hazardous Products news article. |
| Wed, 21 Jul 2010 13:30:00 GMT Atico International USA Recalls Bamboo Torches Due to Laceration Hazard The fuel canister that holds the wick of the torch has a sharp edge inside the lip of the opening that poses a laceration hazard when consumers try to remove the wick. Click here to read this Hazardous Products news article. |
| Food and Drug Administration--Recalls Recall information from FDA |
| Sun, 16 Mar 2008 15:42:00 GMT Publix Issues Recall for Assorted Flavors of Empanadas (March 14) Publix Super Markets is issuing a voluntary recall on all codes of prepackaged 2 and 4-pack Apple, Pineapple and Pumpkin Empanadas sold in retail bakeries due to the undeclared milk ingredient. People who have an allergy or severe sensitivity to milk run the risk of serious or life-threatening allergic reaction if they consume these products. Click here to read this Hazardous Products news article. |
| Fri, 14 Mar 2008 17:48:00 GMT Slade Gorton and Co. Recalls Icybay Cooked Langostinos Because of Possible Health Risk (March 14) The product retails in one pound, clear plastic package marked with UPC 0-73129-61672-8 on the top and with an expiration date of June 2009 and is distributed under the brand name of "ICYBAY". The product also was distributed to wholesale accounts, also under the "ICYBAY" brand, in five pound clear plastic packages containing either 70-90 count, 90-125 count or 120-150 count. This recall involves production dates of July 18, 2007 through August 13, 2007 and/or Julian dates of 199 through 232. Click here to read this Hazardous Products news article. |
| Mon, 10 Mar 2008 21:58:00 GMT Alaz Fine Food Corp. Issues Alert on Undeclared Sulfites in Delta Brand Golden Raisins (March 6) ALAZ FINE FOOD CORP is recalling Delta brand Golden Raisins because it contains undeclared sulfites. People who have severe sensitivity to sulfites run the risk of serious or life-threatening reactions if they consume this product. Click here to read this Hazardous Products news article. |
| Mon, 10 Mar 2008 12:43:00 GMT The Hartz Mountain Corporation Recalls Vitamin Care for Cats Because of Possible Health Risk (March 7) The Hartz Mountain Corporation is voluntarily recalling a second specific lot of Hartz Vitamin Care for Cats due to concerns that bottles within the lot may have been potentially contaminated with Salmonella. Hartz is fully cooperating with the US Food and Drug Administration in this voluntary recall. Hartz recalled a specific lot code of Hartz Vitamin Care for Cats last November due to similar concerns. Both lot codes were manufactured for Hartz by UFAC (USA) Inc. in 2007, and were removed from distribution last November. However, bottles from the second lot had been shipped to customers prior to their having been removed from distribution. Click here to read this Hazardous Products news article. |
| Sat, 08 Mar 2008 13:44:00 GMT Algae Bloom Prompts DSHS to Close 3 Bays to Shellfish Harvesting, Issue Recall (March 7) The Texas Department of State Health Services (DSHS) has closed Aransas, Corpus Christi and Copano bays to shellfish harvesting and has issued a recall of oysters, clams and mussels because of an algae bloom. DSHS officials say high concentrations of the Dinophysis organism have been found in several locations in the area. The toxin produced by this algae bloom, okadaic acid, can accumulate in shellfish tissue and cause diarrhetic shellfish poisoning, or DSP, in people who consume oysters, clams or mussels. Cooking does not destroy the toxin. Click here to read this Hazardous Products news article. |
| Wed, 05 Mar 2008 14:42:00 GMT New BCN Trading Inc. Issues Allergy Alert on Undeclared Sulfites in Asian Boy Sweet Ginger (Feb. 11) New BCN Trading Inc. of South Plainfield, NJ is recalling 7 oz. plastic tubs of Asian Boy Brand Dried Ginger because the product contains undeclared sulfites. Consumers who have severe sensitivity to sulfites run the risk of serious or life threatening allergic reactions if they consume this product. No illnesses have been reported to date in connection with this product. The Asian Boy Brand Dried Ginger, a product of Vietnam, was distributed to retail stores in NJ, NY, FL, MD, VA, CT, MA, OH and PA in an uncoded 7 oz. plastic tub. Click here to read this Hazardous Products news article. |
| NYT > Auto Safety
Automotive safety is the subject of proposed legislation in the U.S. House and Senate, signaling the first time in a decade that Congress has taken a broad look at the issue. When lawmakers last examined auto safety, they passed reforms after a series of recalls involving Firestone tires on the Ford Explorer. The proposed legislation follows the recalls of more than nine million Toyota vehicles worldwide since the fall of 2009, including two major recalls for problems with sticking accelerator pedals. The bills, titled the Motor Vehicle Safety Act of 2010 in both chambers, would strengthen the enforcement powers of federal auto regulators, and require automakers to install a series of safety features on their vehicles. In the House, the legislation includes many of the proposals discussed in hearings last winter that examined recalls of millions of cars by Toyota. It would also impose a fee on carmakers to pay for the costs of certification. Senators in May introduced their own version of automobile safety legislation that would set new standards for stopping distance, push-button ignition systems, data recorders and electronic controls. Specifically, the Senate bill would require automobiles to be able to stop within a certain distance, even with an open throttle, a priority with safety advocates for many years. One way to meet the standard would be for carmakers to install brake override systems, although the bill does not require them. The Senate bill requires the National Highway Traffic Safety Administration to issue a rule requiring a minimum distance between accelerator and brake pedals and the vehicle floor. It requires a standard governing the safety of electronic vehicle controls. Also, the safety agency would establish standards on keyless ignition systems, which have become more popular on automobiles, especially hybrid-electric models like the Toyota Prius. The rule would be aimed at standardizing the steps a driver would take to bring a vehicle under control in an emergency. Automakers would be required under the legislation to install event data recorders, also called ''black boxes,'' which record information shortly before and after a crash. The provision would require the devices to record at least 60 seconds of data before and 15 seconds after a crash in which the air bag deploys. Many current devices, which are not required, record for a shorter period. The Senate bill would increase the civil penalty on automakers to $25,000 a vehicle, from $5,000, and remove the overall cap on civil penalties for automakers that intentionally fail to report vehicle safety defects or intentionally provide misleading information. The draft version of the House bill did not contain an amount. Currently, civil fines are capped at $16.4 million. In April 2010, the N.H.T.S.A. imposed that maximum fine on Toyota, saying the automaker had concealed information from regulators related to sticking accelerator pedals on its vehicles. Toyota has not admitted fault, and the agency is continuing to investigate. Henry A. Waxman, Democrat of California who heads the House Committee on Energy and Commerce, and Senator John D. Rockefeller IV, Democrat of West Virginia and chairman of the Senate Commerce Committee, said in late April 2010 that they would work together on proposed legislation to strengthen safety standards. David L. Strickland, head of the N.H.T.S.A. and a former aide to Mr. Rockefeller, said in 2010 that he would be open to discussing the proposals. The agency could order many of the steps itself, but the lengthy rule-making process means the safety actions could take longer to put in place than a comprehensive bill passed by Congress. Senator Barbara Boxer, Democrat of California, also introduced legislation in May that is meant to curb ties between the agency and the automobile companies, by prohibiting agency staff members from immediately joining carmakers once they leave government. |
| Fri, 30 Jul 2010 00:00:00 -0400 A Tougher Car Safety Agency Democrats in Congress are pushing legislation to improve regulation and oversight of auto safety. It should be passed into law without delay. Click here to read this Hazardous Products news article. |
| Thu, 29 Jul 2010 00:00:00 -0400 Steering Problems Lead to Toyota Recalls Toyota Avalon sedans and Lexus LX 470 sport utility vehicles were involved in the current recall. Click here to read this Hazardous Products news article. |
| Sat, 24 Jul 2010 00:00:00 -0400 Toyota Still Doesn?t Get It Toyota has repeatedly failed to report potentially deadly problems to the National Highway Traffic Safety Administration. This must change. Click here to read this Hazardous Products news article. |
| Sat, 17 Jul 2010 00:00:00 -0400 To Save Money, New Jersey to End Some Car Tests Beginning Aug. 1, the state will stop looking for mechanical defects in privately owned vehicles and perform only emissions tests. Click here to read this Hazardous Products news article. |
| Thu, 15 Jul 2010 00:00:00 -0400 Toyota Concedes 2 Flaws Caused Loss of Control Toyota says its investigation of 2,000 vehicles reported to experience sudden acceleration shows evidence that sticking accelerator pedals and interference by floor mat did, in fact, cause some incidents; admission is first acknowledgement that automaker's own investigations show validity to claims by consumers that led to massive recall; National Highway Traffic Safety Administration is conducting its own examination of Toyota Vehicles after receiving 3,000 complaints regarding sudden accelera... Click here to read this Hazardous Products news article. |
| Thu, 15 Jul 2010 00:00:00 -0400 Toyota Concedes 2 Flaws Caused Sudden Acceleration It is the first time Toyota has acknowledged that its internal review confirmed reports of sticking accelerator pedals and problematic floor mats that may have caused incidents of sudden acceleration. Click here to read this Hazardous Products news article. |
