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Product Liability 1013 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

GM shielded from ignition-switch lawsuits, bankruptcy judge rules

GM recall

General Motors (GM) won’t have to face lawsuits over its fatal ignition switch defect in vehicles manufactured by the “Old GM,” federal bankruptcy court Judge Robert Gerber ruled Wednesday, upholding a shield imposed in 2009 that allows the “New GM” to escape the liabilities of the pre-bankruptcy company. The ruling means that anyone injured or killed as a result of an ignition switch malfunction in vehicles made prior to GM’s bankruptcy filing on June 1, 2009 won’t have legal recourse against the company because technically their complaints are with the “Old GM,” which legally no longer exists. The decision also ... Read More

Egg company execs get prison and fines for violations linked to 2010 salmonella outbreak

eggs

An Iowa-based egg company and its owners were sentenced Monday for federal safety law violations that triggered a 2010 nationwide salmonella outbreak and recall of more than half a billion eggs. Quality Egg, LLC, an Iowa-based multi-million dollar egg company, its owner Austin “Jack” DeCoster, 81, and his son Peter DeCoster, 51, pleaded guilty last year of introducing adulterated food into the market, bribing federal officials, and misbranding food with the intent to defraud or mislead. Quality Egg was hit with a $6.79-million fine – one of the largest fines in U.S. history for food safety violations, and placed on ... Read More

NHTSA to investigate company’s failure to recall Chinese-made tires

shredded tire BA istock

Federal safety regulators are investigating potentially defective Chinese-made tires imported to the U.S. and sold under different brand names by a single distributor after finding that the tires were recalled under one importer but not another. The National Highway Traffic Safety Administration (NHTSA) launched the probe after receiving a tip from a law firm litigating a personal-injury case involving the tires. Lawyers in that case wrote to NHTSA alleging that eight sizes of Hercules Radial A/T tires made for light cars and trucks by Shandong Yongsheng Rubber Co. Ltd. remained on the road when virtually identical tires made by the ... Read More

Ford must submit source code in sudden unintended acceleration case

ford-logo

Ford Motor Co. must turn over portions of its proprietary source code to plaintiffs suing the auto manufacturer over alleged defects in the electronic throttle control (ETC) system of certain vehicles, causing them to accelerate suddenly and unexpectedly, a West Virginia federal judge ordered Friday. Attorneys representing plaintiffs in a proposed class action argued that the source code is instrumental to understanding an alleged glitch that can cause sudden unintended acceleration in vehicles made from 2002 to 2010. They likened the problem to nearly identical claims made against Toyota for sudden unintended acceleration. Electronic source code played a key role ... Read More

Tenth Circuit grants temporary stay on CPSC magnet ban

magnets

The Consumer Product Safety Commission (CPSC)’s efforts to restrict the sale of high-powered magnet sets were halted by the Tenth Circuit, which granted Zen Magnets LLC’s request to continue selling its magnets temporarily. CPSC’s original plan was to have all of the miniature, high-powered magnet sets banned from sale beginning in April. Now that the CPSC magnet ban has been postponed, the agency will be given the option to respond to Zen Magnets CEO Shihan Qu’s motion to stay the enforcement of the safety standards until April 14. CPSC chairman Elliot Kaye released a statement on Friday regarding the recent stay ... Read More

Blue Bell recall leads to retailers pulling more products off shelves

Recall - blue bell ice cream cups

The first Blue Bell recall, sparked by the deaths of three Kansas hospital patients infected by listeriosis, has Sam’s Club, Walmart and Kroger pulling the company’s ice cream products off store shelves. While these retailers have opted to pull just Blue Bell products produced at the Broken Arrow, Okla., plant where the recalled goods were produced, H-E-B announced it will be removing all Blue Bell products from its line of stores. The backlash from the latest Blue Bell recalls is not unexpected. Last week, Blue Bell announced it was suspending operations at the Broken Arrow facility until the company feels ... Read More

FDA files suit against Wholesome Soy after listeria outbreak kills two

Wholesome Soy Products logo

Wholesome Soy Products Inc. is now being sued by the U.S. government following a listeria outbreak traced to the company’s soybean and mung bean sprouts. According to the FDA, five people from Michigan and Illinois were hospitalized from June through August due to listeriosis – a sickness caused by the ingestion of Listeria monocytogenes. Despite receiving treatment, two of five infected individuals died as a result of the sickness. The FDA’s investigation found the listeria strains to be “highly related” to the strains discovered at Wholesome Soy’s facilities, which were cited for multiple health violations during its prior inspections. “FDA ... Read More

Will Lumber Liquidators profits dip after reports of possible product danger?

laminate flooring

Despite a “60 Minutes” special report on the presence of a carcinogen, formaldehyde, in the company’s flooring, Lumber Liquidators surpassed analysts’ sales estimates for the first quarter of 2015. According to the report, not only does the Lumber Liquidators’ flooring contain excessive levels of formaldehyde, but managers at three Chinese factories were caught on camera admitting to the mislabeling of Lumber Liquidators products so that they could meet proper protocols. A preliminary earnings statement has revealed Lumber Liquidators’ revenue rose approximately 5.6 percent to $260 million, whereas financial analysts estimated $258.2 million. The full first-quarter results will be released on ... Read More

Canadians sue Takata over exploding airbags; giant class-action likely

Takata airbag - image source alexauto321, wikicommons

Canadian motorists with vehicles affected by a global airbag recall are taking legal action against Japan-based automotive supplier Takata, seeking billions of dollars in general and punitive damages over airbags that allegedly contain faulty inflator mechanisms that can cause them to deploy with excessive force or explode, spraying vehicle occupants with metal shrapnel. Three separate class-action lawsuits potentially representing hundreds of thousands of Canadian drivers have been filed in Canadian courts. A fourth Canadian law firm will reportedly file an additional class action in the coming weeks. All of the lawsuits must be certified by a judge, after which they ... Read More

Victims of toxic Chinese drywall may soon see relief

china

The sudden turnaround of a Chinese drywall manufacturer that has repeatedly snubbed U.S. courts is a promising sign for thousands of U.S. homeowners whose homes, and even their lives, have been ruined by toxic, highly corrosive drywall, plaintiffs’ lawyers say. Taishan Gypsum Co. Ltd., a drywall company owned by the Chinese government, last week paid $3.2 million in damages to a federal court in New Orleans. That money will be disbursed to seven Virginia homeowners whose complaints against Taishan were tried as bellwether cases representative of a much larger, complex body of litigation still pending. The payments stunned those involved ... Read More