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Product Liability 1056 articles

Many times after our skilled team of professional investigators thoroughly examines a personal injury claim, a Beasley Allen lawyer will determine that the injury was caused by a defective product. According to the U.S. Consumer Product Safety Commission (CPSC), deaths, injuries and property damage from consumer product incidents cost more than $700 billion each year. We help ensure that manufacturers, distributors, suppliers, retailers and others who make products available to the public are held responsible for the injuries those products cause.

A great number of the product liability claims we investigate are single vehicle accidents. In investigating automobile accidents and product liability cases over the past 30 years, we have seen many single vehicle accidents that were caused by a design defect or mechanical problem. Single vehicle accidents where the occupant received injuries disproportionate to the severity of the accident can often be traced back to a defect

Driver’s Manslaughter Conviction Overturned, GM Ignition Switch Blamed

GM recall

A woman who was thrown in jail for causing a 2012 car crash that killed her passed has had her criminal convictions reversed by a Pennsylvania judge who found GM’s faulty ignition switch was to blame for the accident. LaKisha Ward-Green, 25, of Ward-Hills, Penn., was driving her 2007 Chevrolet Cobalt when she swerved to avoid a vehicle and hit a pole, then bounced back into the road where her car struck a school bus. The impact instantly killed 16-year-old Robert Chambers IV, whom Ms. Ward-Green had picked up from school. The car’s airbags did not deploy. Ms. Ward-Green was arrested ... Read More

Ruptured Takata Airbag in VW Vehicle Triggers Federal Probe

Takata airbag - image source alexauto321, wikicommons

Federal auto safety authorities are expanding their probe of potentially deadly airbags made by Japanese supplier Takata to include some Volkswagen vehicles. The move comes after the German automaker notified U.S. regulators of a faulty airbag rupture that occurred in a 2015 VW Tiguan crossover in June. According to The Detroit News, VW reported the airbag incident to the National Highway Traffic Safety Administration (NHTSA) in July. The report states that a Takata-made side curtain airbag ruptured after the driver hit a deer. The driver did not seek medical attention after the crash. In response to the report, NHTSA issued ... Read More

Mississippi man hospitalized after guardrail impales his car

guard-rail - KCPQ-TV image

A Mississippi man is in stable condition in a Northern Virginia hospital after losing control of his vehicle on a wet highway and colliding with a guardrail Wednesday. Reports and images taken of the crash show the guardrail apparently malfunctioned and impaled the man’s vehicle, further raising concerns that some guardrails may be defective and potentially deadly. Authorities investigating the crash aren’t certain whether the guardrails that sliced through 31-year-old Clayton Dominic Johnson’s 1996 Nissan were made by Trinity Industries, the Texas company that manufactured the controversial ET-Plus guardrail systems targeted by a recent whistleblower lawsuit. Joshua Harmon, himself a ... Read More

Fiat Chrysler faces record fines and buy-backs for mishandled recalls

Fiat Chrysler logo

A settlement between the U.S. and Fiat Chrysler will require the Italian-American automaker to buy back potentially hundreds of thousands of Dodge Ram pickup trucks from customers and pay a record $105 million civil fine for its alleged misconduct in 23 safety recalls affecting more than 11 million vehicles. Fiat Chrysler also agreed to allow owners of more than a million older Jeeps with dangerously positioned rear gas tanks to trade them in or get paid to have the vehicles repaired. The agreement signals a tougher stance by the National Highway Traffic Safety Administration (NHTSA), which has fallen under harsh ... Read More

Big private investment will help Blue Bell resume ice cream making

Recall - blue bell ice cream cups

Blue Bell Creameries said that a “significant investment” from a Texas oil billionaire will help it get back on its feet after being shuttered for months following a Listeria outbreak linked to its ice cream products. Sid Bass, a prominent Texas billionaire, invested an undisclosed amount to the privately owned ice cream manufacturer. The company said the investment would allow it to start making test batches in its factories once again. In May, Blue Bell CEO Paul Kruse told the company’s small group of investors that it required up to $125 million to recover from “a financial crisis that could ... Read More

Takata won’t set up compensation fund for airbag victims

Takata airbag - image source alexauto321, wikicommons

Japanese automotive supplier Takata said it does not plan to establish a compensation fund for people and their families injured or killed by its airbag defect, which affects about 34 million vehicles in the U.S. Earlier this month, TK Holdings Inc., Takata’s North American unit, said it would consider setting up a compensation fund much like the fund that General Motors created for those harmed by its ignition switch defect. The company was acting in response to calls from Senator Richard Blumenthal (D-Conn.) and other U.S. lawmakers to start such a fund. However, in an email to Sen. Blumenthal, Takata ... Read More

NHTSA launches investigation into defective ARC airbag inflators in older-model vehicles

Takata airbag - image source alexauto321, wikicommons

The National Highway Traffic Safety Administration (NHTSA) has announced an investigation into defective airbag inflators manufactured by ARC Automotive, which is unaffiliated with Takata’s defective airbags. According to NHTSA, nearly 420,000 older-model Fiat Chrysler Town and Country minivans, as well as about 70,000 Kia Optima sedans are equipped with the defective ARC airbag inflators under probe. Similar to the Takata airbag recall, the faulty ARC airbags may also explode upon impact, but not for the same reasons. During a preliminary analysis, experts learned that the path used by inflator gas to exit the airbag may be blocked by an unknown ... Read More

Fiat Chrysler recalls 88,000 cars with defective Takata airbags

Takata airbag - image source alexauto321, wikicommons

Fiat Chrysler said over the weekend it is recalling more than 88,000 vehicles that it “inadvertently excluded” from a May recall to repair defective airbags made by Japanese supplier Takata. The faulty airbags are prone to explode with deadly force and have been installed in nearly 34 million vehicles. The latest recall involves 88,436 model-year 2008-2010 Dodge Challengers manufactured between September 2007 and October 2010, the National Highway Traffic Safety Administrations (NHTSA) said in a notice. Auto safety regulators announced the recall about a month after announcing they had identified all of the vehicles equipped with the flawed Takata airbags. ... Read More

Alleging ignition-switch cover-up, plaintiffs seek GM’s legal communications

GM recall

Plaintiffs seeking documented communications between General Motors and its lawyers urged a New York federal judge Thursday to order GM to release the documents, arguing the automaker and its lawyers conspired to commit fraud to conceal a deadly ignition switch defect and therefore should not be allowed to hide their misconduct behind attorney-client privilege. Plaintiffs’ lawyers singled out three cases demonstrating how GM and its attorneys allegedly lied and buried evidence that it knew the ignition switches in millions of its cars were unsafe – actions that constitute a crime or fraud as defined by the crime-fraud exception to the ... Read More

Chinese Drywall Class Action plaintiffs await ruling on damages

china

Nearly 3,000 homeowners who claim their homes and personal property have been ruined by cheaply made Chinese drywall await a federal judge’s decision after a trial to determine damages in a class-action lawsuit concluded Tuesday. U.S. District Judge Edon Fallon, who certified the class, heard testimony from expert witnesses in New Orleans and will decide damages without the participation of a jury. The judge plans to make a decision toward the end of the month, after meeting with attorneys from both sides. The class action includes homeowners from Alabama, Florida, Louisiana, Mississippi, Texas, and Virginia who contend the defective drywall ... Read More