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Defective Products and Recalls causing Personal Injury

Defective product litigation involves defective and unreasonably dangerous products that cause personal injuries and even death. Manufacturers of products are liable for design defects, improper safety devices and manufacturing defects that cause injury.

Product liability lawyers will evaluate cases involving defective consumer goods that cause physical injuries such as burns, fractures, head injuries and blindness. Lawsuits can be brought against manufacturers for design defects, improper safety devices and manufacturing defects, and marketing defects (failure to warn of possible hazards). Injuries, deaths and property damage from defective and recalled products cost the public more than $500 billion each year.

DEFECTIVE PRODUCTS ARTICLES AND INTERVIEWS

California Importer Hit with $655,000 Fine in Defective Products Case
California Importer Hit with $655,000 Fine in Defective Products Case Washington, DC: While there have been no injuries cited, the potential for personal injury from a collection of defective products sold by OKK Trading of Commerce, California might have been enormous. This month the company agreed to pay a civil penalty in the amount of $665,000 for failure to comply with the long-standing federal ban on lead paint in toys, together with violations of other federal child safety standards. The fine was the result of defective products personal injury investigations conducted by the US Consumer Products Safety Commission (CPSC). [ Read More ]
Did Oregon Go Far Enough in Defective Products Statute Update?
Did Oregon Go Far Enough in Defective Products Statute Update? Salem, OR: The personal injury suffered by four Lake Oswego teachers in 2004 has served to prompt state lawmakers to beef up a defective products personal injury statute in Oregon, further shielding Oregon citizens from defective products and providing a few more tools to the defective products attorney. [ Read More ]
Chinese Drywall Class Actions Consolidated in New Orleans
Chinese Drywall Class Actions Consolidated in New Orleans Tampa, FL: Even though the Chinese drywall debacle is centered largely in Florida, the legal eagles involved in several China drywall class action lawsuits will be heading to the Big Easy in order to litigate Chinese drywall problems. [ Read More ]

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IN THE NEWS

JUN-25-09: A hearing date of September 14, 2009 has been set for certification of a class action concerning defective Chinese drywall in the Keys Gate subdivision in Homestead, FL. [SOUTH FLORIDA BUSINESS JOURNAL: HEARING SET FOR CHINESE DRYWALL CLASS] JUN-15-09: Lawsuits filed around the country over defective drywall made in China, will be consolidated in New Orleans. The drywall was imported following hurricanes Katrina and Wilma in 2005, after the housing boom and rebuilding efforts created a material shortage among domestic suppliers. [TAMPA BAY BUSINESS JOURNAL] JUN-08-09: A couple in Wheeling, WV are suing Sears alleging that a company employee did not hook up a water line to their new refrigerator, which resulted in their home being flooded. The couple say the flooding has caused about $8,552 in water damage and want compensated. [WV RECORD: COUPLE SUES SEARS OVER FLOODED HOUSE]
MAY-22-09: A class action lawsuit has been filed by 3 North Carolina homeowners alleging that the fumes emitted from the chinese drywall in their homes made them nauseous, and caused eye and throat irritation and as well shortness of breath and fatigue. The suit targets the Chinese government-owned manufacturer, Taishan Gypsum, as well as a U.S.-based supplier and installation contractor. [NEWSOBSERVER: N. CAROLINA NEXT FOR CHINESE DRYWALL CLASS ACTION] MAY-20-09: The Environmental Protection Agency (EPA) has reported finding more suspect materials in samples of Chinese-made drywall. The EPA reported finding sulfur and 2 organic compounds associated with acrylic paint in the Chinese-made wallboard taken from 2 Florida homes. This only adds to people's fears of corrosion and health problems associated with the building product found in hundreds of thousands of American homes. [MSNBC: EPA FINDS SUSPECT MATERIALS IN CHINESE DRYWALL] MAY-15-09: The settlements in the Kitec plumbing lawsuits are adding up, as more than 33,000 homes are thought to be affected. The manufacturer, Ipex, of the defective fittings agreed a settlement of $90 million, which works out to about $2000 per home. [VEGAS SUN: KITEC CLASS ACTION]

HOT ISSUES

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Denture Cream alleging Fixodent denture adhesive can cause zinc poisoning and neurological damage.
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Chinese Drywall Homeowners Complain of Sulfur Smell, Corroded Pipes
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Zicam allegedly damaging ones sense of smell and taste.
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Fungus Among Us
We purchase 25 gal. of Rhinoguard from Silvertown Products, it's a wood protection for exterior wood. It claims to have superior mildew resistance.
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EMERGING ISSUES

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Fume Event Leaves Airline Attendant Sick
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Simplicity Recalls 400,000 Drop Side Cribs
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Inflatable Baby Floats Recalled by Aqua-Leisure
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LAW SUITS FILED

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Defective Microwave Ovens Nationwide Class Action Filed
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Nissan North America alleging brake defects that cause the 2005 Infiniti G35 brakes to wear out faster.
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Viking Industries Defective Windows Class Action Certified
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SETTLEMENTS

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BMW Settles E46 3-Series Subframe Lawsuit
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Kitec Majestic Plumbing to Pay Homeowners $475,000
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Defective Automotive Paint Class Action Settlement Proposed
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[FREE CASE EVALUATION]IN YOUR OWN WORDS

Family has been getting respiratory illnesses since moving into house
Defendant: **Chinese Drywall (causing property damage)
My husband and children and myself have been sick since moving into this house.. After having insurance co. come to inspect house and not being able to find the reason, we began to renovate a wall in the kitchen and found the walls all contained formaldehyde manu. by Dom Tar Ind.
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Defective Product Liability

There are four legal means for establishing liability in personal injury cases where a defective product has caused injury:
  • Negligence occurs when expected, reasonable care is not taken and a legal responsibility exists to do so. The lack of care can be the result of carelessness or even malice. Negligence can occur when defective parts or improper assembly results in a dangerous or malfunctioning product.

  • Breach of warranty takes place when a seller fails to uphold a claim or promise about a product.

  • False advertising that leads consumers to believe a product is safer than it really is, or distracts them from potential risks inherent in the use of a product, can be argued as misrepresentations under breach of warranty or under strict liability.

  • "Strict liability" makes the manufacturer or seller of a defective product responsible for all injuries occurring from the use of the product. The victim must show that the product was defective, and that the defect was the cause of the personal injury. If so proven, then strict liability holds the manufacturer or seller responsible, regardless of fault or intent. "Strict liability" means everyone involved in the making of a consumer product is potentially liable for any personal injury that results from using the product.

Defective Products that can Injure You

There are three main types of product defects that can result in a personal injury:
  • Design defects

    These occur before the product is created, in the initial design and planning stage.
  • Manufacturing errors

    These flaws result from mistakes that take place during the actual manufacturing stage.
  • False Advertising

    Marketing misrepresentations occur when sellers do not provide adequate warnings or instructions, or define the potential risks of using the product.
More than one party may be legally responsible for a personal injury, i.e. the designer, manufacturer, wholesaler, retailer, advertiser, etc.

You may need to know how old the product is that injured you. Most states have laws limiting how long the manufacturer or seller can be held liable for personal injuries. The limits are usually from six to 12 years after the product was first sold on the market.
 

Product Liability

Product liability cases usually involve products such as toys, automobile design, household products, industrial machinery and equipment, farm machinery, products causing explosions and burns, aviation products, medical devices or drugs and any other defective or unreasonably dangerous product.

defective product

A "defective product" is one that causes some injury or damage to person because of some defect in the product or its labeling or the way the product was used. The manufacturer, and others involved in the chain of commerce involving the products that caused the injury, are often liable for injuries defective products cause.

"Product liability" include cases such as a mislabeled product that causes injury, an improperly tested drug, vehicles with defective designs such as SUV rollovers, etc.

defective product recall notice

Defective Product Personal Injury Lawyers

If you have been injured using a defective product, you may be entitled to compensation for your injuries, please click the link below to submit your complaint to a personal injury attorney who will evaluate your claim at no cost or obligation.

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