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Product Liability 1112 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

Takata Airbag Scandal Underscores Need for Auto Whistleblowers

Takata airbag - image source alexauto321, wikicommons

“I literally said, ‘If we go forward with this, someone will be killed.’” That’s what Mike Lillie, a former senior engineer at Takata, told the auto supplier 15 years ago when protesting its planned used of ammonium nitrate, a highly volatile compound, in its airbag inflators. Mr. Lillie was one of two whistleblowers who stepped forward when federal Transportation Department regulators sought whistleblowers who knew of “possible defects or any wrongdoing” by Takata in the course investigating the company’s knowledge and handling of airbag defects. The other whistleblower was Takata chemical engineer Mike Britton. Although Mr. Lillie and Mr. Britton ... Read More

E-cigarette maker sues FDA over new regulations

e-cigarette vaping - photo by the-best-electronic-cigarette-review dot com

Nicopure Labs LLC, a Florida manufacturer of e-cigarettes and e-liquids, is suing the U.S. Food and Drug Administration (FDA), alleging the agency is unlawfully exceeding its regulatory reach with a new rule expanding its authority to regulate e-cigarettes and all tobacco products. Nicopure’s complaint comes less than a week after the FDA published the final tobacco rule May 5. The rule requires manufacturers to show the FDA that products introduced since the last tobacco rules were updated in 2007 meet federal health standards. E-cigarettes, e-liquids, hookahs, pipe tobacco, and cigars all fall into this category. Any new products must submit ... Read More

FDA Set To Regulate E-Cigarette Industry With New Rules

e-cigarette vaping - photo by the-best-electronic-cigarette-review dot com

The federal government announced sweeping new regulations for e-cigarettes Thursday, making them subject to the same regulations as cigarettes and other tobacco products, including banning their sale to minors, who have come to make up a giant part of the e-cigarette and “vaping” customer base. Under the new rule, e-cigarette manufacturers and tobacco companies would have to submit products that have escaped federal safety oversight since February 2007 to the U.S. Food and Drug Administration (FDA) for review. Feb. 15, 2007, was the final date that tobacco products would be grandfathered in by the Tobacco Control Act of 2009. The ... Read More

Takata Expands Airbag Recall to Include 35-40 Million additional Vehicles

Takata airbag - image source alexauto321, wikicommons

Japanese airbag manufacturer Takata expanded its recall of defective airbags by at least 35 million additional units Wednesday, turning what was the largest automotive recall in U.S. history into the largest U.S. recall period. The expanded recall more than doubles the number of potentially deadly airbags that were previously recalled over fears that their ammonium nitrate-based inflators could cause the airbags to deploy in circumstances where they shouldn’t and with deadly force. The defective airbags have been linked to 11 deaths in the U.S. and one in Malaysia in addition to hundreds of injuries, caused by fragments of the airbag’s ... Read More

Second Proposed Class Action Claims Old Spice Deodorant Causes Chemical Burns

Old Spice deodorant, burn injuries

A California man has filed a proposed class-action lawsuit against Proctor & Gambel alleging its Old Spice deodorant caused a severe chemical burn and rash that “turned into open sores.” The lawsuit, filed in a California federal court by Gregory Johnson of San Francisco, is the second such complaint to be filed in connection with Procter & Gambel’s Old Spice-brand deodorant for men. Mr. Johnson alleges that he used Old Spice Swagger and Old Spice Classic deodorants for a month when he developed a painful red rash under his arms that required medical attention and a prescription drug to heal. ... Read More

Mounting Evidence Points To Health Threats Posed By Synthetic Turf

synthetic rubber turf - Wikipedia image

A former top soccer player who helped persuade federal regulators to take a closer look at the potential health hazards posed by synthetic turf says more than 200 athletes who have spent hours a day on the rubber turf have reached out to her after being diagnosed with cancer. Amy Griffin, a goalkeeper for the U.S. women’s national soccer team that won the first FIFA Women’s World Cup in 1991, has been keeping track of athletes with cancer since 2009. She told Huffington Post that of the 220 athletes diagnosed with cancer that she has heard from, 166 (more than 75 percent) ... Read More

China Rejects Another Effort To Serve Drywall Lawsuit

china

China’s Ministry of Justice has again rejected a lawsuit filed by thousands of U.S. homeowners who say the government’s Assets Supervision and Administration Commission should pay for the damage to their homes caused by defective drywall that emits corrosive sulfuric fumes. According to the Associated Press, the Ministry of Justice “says it won’t serve the legal papers because the agency is immune to such lawsuits and the legal service would infringe on China’s sovereignty.” New Orleans Federal Judge Eldon Fallon has ruled that China’s state-owned Taishan Gypsum Co. Ltd. must pay damages to all the homes its toxic drywall ruined. ... Read More

Toyota Sued Over Deadly Yaris Sudden-Acceleration Crash

toyota cars

A wrongful-death lawsuit has been filed against Toyota, seeking damages for the young son of a man killed when a 2015 Toyota Yaris allegedly sped out of control on a California highway and struck the vehicle he was riding in on New Year’s Eve. The horrific crash occurred when a 51-year-old woman traveling east on I-10 in San Bernardino County in a rented 2015 Toyota Yaris accelerated to nearly 100 mph, exited at the Vineyard Avenue ramp, and crashed into a Toyota Solara, killing four people. The driver of the Yaris, which she had rented for a family road trip ... Read More

Children still ingesting laundry detergent pods despite warnings

Detergent pods

Despite warnings from consumer advocacy groups and attempts to make the packaging look less like candy, more children are eating laundry detergent pods and falling seriously ill or, in some cases dying, according to an analysis of national poison data published this week in the journal Pediatrics. Calls to poison control centers involving children ingesting the laundry detergent packages increased 17 percent from 2013 to 2014 – more than 22,000 children mostly younger than 3. About a third of the calls involved cases where children were already en route to a health care facility. The data involved two cases where children ... Read More

Trinity Guardrail Impales Car In Boston Area

guard-rail - KCPQ-TV image

A recent car crash in the Boston area is once again stoking concerns about the safety of some guardrails made by Trinity Industries, a Texas company that is currently appealing a jury verdict that sided with a whistleblower who warns the roadside safety devices are defective and dangerous. Boston’s WCVB 5 shared its footage of a February crash that occurred in Randolph, Mass., with whistleblower Joshua Harman, who successfully sued Trinity on behalf of the federal government, alleging the manufacturer secretly changed the design of its already-approved guardrails without telling the government. Mr. Harman says those alterations, carried out as ... Read More