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Product Liability 1043 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

Senate report finds Takata paused quality checks at its airbag plants

Takata airbag - image source alexauto321, wikicommons

Takata Corporation refutes the findings of a Senate report that found the Japanese company suspended its quality control audits for two years to keep its costs down, a year after Honda announced its first safety recall of vehicles equipped with Takata’s defective airbags that were prone to explode. Senator Bill Nelson, the ranking Democrat on the Senate Commerce Committee, released his staff report ahead of a panel hearing that called together officials from the Japanese supplier, Honda, Fiat and Chrysler Automobiles (FCA), and the National Highway Traffic Safety Administration (NHTSA) to testify on the defective airbags. Takata, a major airbag ... Read More

Federal report slams NHTSA’s failures in GM ignition switch disaster

GM recall

A harsh new report from the Office of the Inspector General (OIG) demonstrates how the negligence and incompetence of a federal regulatory agency in addressing automotive safety defects can amount to dozens of deaths and hundreds of catastrophic injuries. On Monday, the Office of the Inspector General released a report of its findings from its investigation of the National Highway Traffic Safety Administration’s (NHTSA) response to General Motors’ defective ignition switches, which put the lives of tens of millions of U.S. motorists at risk. According to the report, consumers, car dealers, and mechanics specifically reported the GM ignition switch defect, which can ... Read More

Takata airbag recall expands to include another 1.4M Toyota vehicles

Takata airbag - image source alexauto321, wikicommons

Another Takata airbag recall expansion was just announced by Toyota, confirming an additional 1.4 million vehicles may feature deadly airbags that could explode on impact. According to the Wall Street Journal (WSJ), Toyota is expanding its recall after Takata agreed to double the size of its airbag recall to 33.8 million last month, making it the largest auto recall in United States history. The Toyota vehicles included in the latest Takata airbag recall expansion include the following:  2003-07 Corolla and Matrix, 2006 Tundra, 2005-07 Sequoia and 2003-07 Lexus SC430 convertible. The suspected issue with the Takata airbags continues to be ... Read More

Feds may probe GM’s Chevy Tahoe for side-airbag malfunction

GM logo

Federal auto safety regulators are considering opening an investigation of allegedly defective side curtain airbags in certain General Motors vehicles that can fail to protect passengers in rollover crashes, citing an August 2011 crash in which three children were ejected from a 2010 Chevrolet Tahoe SUV. The National Highway Traffic Safety Administration (NHTSA) Office of Defect Investigations said Monday it received a petition requesting an investigation of 2010 Chevrolet Tahoe SUVs. The Detroit News reports that Donald Friedman of Xprts LLC, a Santa Barbara, Calif., engineering consulting firm, filed the petition in August. “The petition cites a 2011 Texas crash involving a ... Read More

Lumber Liquidators toxic-flooring lawsuits consolidated in Virginia

laminate flooring

Federal lawsuits against Lumber Liquidators Inc. alleging the company made and sold laminate flooring with dangerous levels of formaldehyde are being consolidated for multidistrict litigation (MDL) in the Eastern District of Virginia. The U.S. Judicial Panel of Multidistrict Litigation’s June 12 ruling combines 113 lawsuits filed against Lumber Liquidators by plaintiffs in 29 states who accuse the flooring manufacturer of misrepresenting its Chinese-made laminate flooring as compliant with California Air Resources Board (CARB) Phase 2 safety standards, which Congress adopted for federal standards that will go into effect this year. The complaints allege the flooring contains toxic levels of carcinogenic ... Read More

Plaintiffs accuse GM, lawyers of ignition switch cover-up

GM recall

General Motors and its lawyers worked together to cover up the automaker’s deadly ignition switch defect and avoid a recall, multidistrict litigations (MDL) plaintiffs asserted in a motion to compel documents filed last week in a New York federal court. The plaintiffs argue that starting in 2010, Atlanta-based international corporate law firm King & Spalding warned GM repeatedly about the legal trouble that would befall GM if knowledge of its ignition switch defect became known. To remedy this, the law firm encouraged the new post-bankruptcy GM to quietly settle with plaintiffs harmed by the ignition switch defect in Chevrolet Cobalts, ... Read More

Takata airbag defect claims seventh victim

Honda Takata airbags

An airbag made by Japanese supplier Takata caused the death of a Louisiana woman whose 2005 Honda Civic crashed in April, Honda America has confirmed, bringing to seven the number of fatalities linked to Takata’s defective airbags. Twenty-two-year-old Kylan Rae Langlinais of Lafayette, La., died on Thursday, April 9, 2015, at Lafayette General Medical Center from injuries she received from the Takata airbag, which exploded when her vehicle crashed April 5. The airbag rupture “resulted in the death of the driver,” Honda said in a statement. “Our thoughts and deepest sympathies are with the Langlinais family during this difficult time.” Ms. ... Read More

Ignition switch victims to challenge GM bankruptcy ruling

GM recall

Several plaintiffs barred from suing General Motors by a bankruptcy judge’s ruling have taken the first steps to appeal the decision, which shields the automaker from complaints involving ignition switch malfunctions any time before June 1, 2009 – the day the “old GM” reorganized to become the “new GM.” According to Bloomberg, a group of plaintiffs harmed in accidents allegedly caused by GM’s dangerous ignition switch flaw filed a notice of appeal Wednesday to a federal court in Manhattan.  The victims seek to overturn an April 15 ruling by bankruptcy judge Robert Gerber, which jettisons GM’s liabilities prior to the ... Read More

Listeria contamination confirmed in first Alabama-made Blue Bell ice cream sample

Recall - blue bell ice cream cups

The potentially deadly strain of listeria bacteria linked to Blue Bell ice cream products has been found in a sample produced in the company’s Sylacauga, Ala., plant. It is the first evidence that Listeria contamination was not limited to the Texas and Oklahoma Blue Bell plants. The family of a Florida man recovering in the hospital from a suspected bout of meningitis sent a half gallon of Blue Bell Cookies ‘n’ Cream ice cream to Kappa Laboratories in Miami for testing “on a whim” after hearing about the multistate Listeria outbreak, which has been blamed for 10 confirmed illnesses, three of ... Read More

Office Depot to pay $3.4 million civil penalty for failing to comply with CPSC procedures

Recall - office chair

Office Depot, office supplies retailer headquartered in Florida, must pay a $3.4 million civil penalty to settle safety-related charges brought about by the Consumer Product Safety Commission (CPSC). According to the CPSC, Office Depot refused to notify the safety agency regarding safety concerns in two models of office chairs – the Gibson and the Quantum. Several individuals suffered injuries as a result of the seatbacks failing during use, which is required by federal law to be reported to the CPSC within 24 hours. However, in order to save time and costs, the office supply retailer opted not to make the ... Read More