Product liability cases exist when a person is injured as a result of a defective item. The item can be as big as a bulldozer or as small as a hair dryer.
Types of product liability claims: Defective Design and Defective Manufacture.
Defective design cases are ones in which the product failed due to being designed negligently. For instance, a table saw that is designed without a finger guard might be such a product.
Defective manufacture cases are ones in which the design was proper, but something went wrong in the manufacturing of the item that made it unsound. For instance, a ladder might be designed properly when the engineers specify using a three-inch piece of wood for each rung. But if the wood is damaged during the assembly process, a defective manufacture case might be present.
Sometimes products liability cases involve a combination of both defective design and defective manufacture. Only an attorney can tell you if such a case exists.
Examples may include:
Recent National Product Recalls
Toyota™ Sticking Accelerator Pedal
Toyota Motor Sales (TMS), U.S.A., Inc, announced on January 21, 2010 that it would recall approximately 2.3 million vehicles to correct sticking accelerator pedals on specific models. This action comes in addition to the on-going recall of approximately 4.2 million Toyota™ and Lexus™ vehicles to reduce the risk of pedal entrapment by incorrect or out of place accessory floor mats.
These conditions are SERIOUS. Sudden and uncontrolled acceleration can lead to serious bodily injury or even death! If you or a loved one has been injured by a suddenly accelerating vehicle, don't hestitate to call us today.
Pain Pump Shoulder Injuries
Some manufacturers of pain pumps hid the fact that use after shoulder surgery could actually worsen the injury, leading to possible destruction of the cartilage tissue in the shoulder joint, resulting in an extremely painful condition known as Postarthroscopic Glenohumeral Chondrolysis (PAGCL).
CPSC Urges Consumers To Stop Using Simplicity 3-in-1 and 4-in-1 Convertible “Close-Sleeper” Models
The U.S. Consumer Product Safety Commission (CPSC) is urging parents and caregivers to stop using convertible “close-sleeper/bedside sleeper” bassinets manufactured by Simplicity Inc., of Reading, Pa. CPSC has learned that on August 21, 2008, a 5-month-old girl from Shawnee, Kan. was strangled to death when she became entrapped between the bassinet’s metal bars. This is the second strangulation death CPSC has learned of in the close-sleeper bassinets. On September 29, 2007, a 4-month-old girl became entrapped in the metal bars of the bassinet and died.
The Simplicity 3-in-1 and 4-in-1 convertible bassinets contain metal bars spaced farther apart than 2 3/8 inches, which is the maximum distance allowed under the federal crib safety standard. The metal bars are covered by an adjustable fabric flap which is attached by velcro. The fabric is folded down when the bassinet is converted into a bed-side co-sleeping position. If the velcro is not properly re-secured when the flap is adjusted, an infant can slip through the opening and become entrapped in the metal bars and suffocate.
Due to the serious hazard these bassinets pose to babies, CPSC urges all consumers to share this safety warning with day care centers, consignment stores, family and friends to ensure that no child is placed to sleep in a Simplicity convertible bassinet covered by this warning.
Yamaha Rhino ATVs
Yamaha Motor Corporation U.S.A. Recalls Rhino Side-by-Side Vehicles Due to Risk of Brake Failure
Yamaha Motor Company’s popular “Rhino“ All-Terrain-Vehicle (ATV) may pose serious and life-threatening risks to both its drivers and passengers. Lawsuits across the country are being filed against Yamaha, alleging that the Rhino is prone to rollover accidents, and because of defects in its design, may result in broken or crushed arms, legs, feet, and ankles. Rhino injuries can be so severe they have required amputation of affected limbs. Some victims have been caught under the chassis in Rhino rollover accidents and died. Many “slow speed“ turns on the Rhino result in the vehicle rolling over, and due to the vehicle not having any doors, body parts flail outside of the ATV as it rolls over, crushing them—even when the driver and passenger are wearing seat belts. Yamaha Rhino ATV rollover lawsuits allege that it is, “excessively prone to rollover during turns even at low speeds because of inherent flaws in its design.”
Additionally, the brake caliper on the left front wheel could have been made incorrectly, resulting in brake fluid leaking. This can cause a loss of braking and control of the vehicle, posing a serious safety risk to the driver and passenger.
Polaris® Ranger Utility Vehicles
Polaris Ranger utility vehicles were recalled in cooperation with the CPSC. Consumers should stop using the product immediately unless otherwise instructed. The utility vehicle’s fuel tank can leak, posing fire and burn hazards to consumers.
Perfect Flame Double Lid Four Burner Gas Grills
Consumers should stop using these recalled products purchased from Lowe’s Stores immediately unless otherwise instructed. The cooking chamber of the grill can melt and/or ignite, posing a risk of fires and burn injuries to consumers. There have been 175 reports of grill fires and 25 reports of grills melting.