Product Liability 1064 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

Windshield note attempts to shame Portland Volkswagen driver over emissions

Rick Gencarelli found this note on his VW.

Volkswagen dropped a bomb on millions of its customers earlier this month when it confessed to adding an emissions cheat in millions of its vehicles. Now, in what seems like a skit straight out of Portlandia, some drivers of VW vehicles are being shamed for driving their cars. At least one Portland, Ore., resident reported finding a note attached to his vehicle. “Hello, VW TDI owner,” the note states. “While cute, your TDI is outfitted with a cheating device meant to elude emission standards.” The U.S. Environmental Protection Agency (EPA) and California regulators publicly confirmed the existence of the cheat, ... Read More

NHTSA Discovers Fiat Chrysler Underreported Defects, Accident Deaths


Fiat Chrysler failed to properly report safety problems to federal authorities, a practice that resulted in a “significant” underreporting of fatal accidents involving its vehicles, the National Highway Traffic Safety Administration (NHTSA) said Tuesday. The findings deepen Fiat Chrysler’s regulatory woes and will likely result in more major fines for the automaker. In July, the Fiat Chrysler agreed to pay fines of $105 million for mishandling 23 safety recalls affecting 11 million vehicles. On Tuesday, NHTSA Administrator Mark Rosekind said the agency was prepared to “take appropriate action after gathering additional information on the scope and causes of this failure.” ... Read More

More automakers may be required to initiate Takata airbag recalls

Takata airbag - image source alexauto321, wikicommons

According to the National Traffic Safety Administration (NHTSA), seven more companies, such as Tesla Motors and Volkswagen, may be forced to start recalling vehicles equipped with defective Takata airbag inflators. Takata airbag recalls have accounted for 19.2 million U.S. vehicles thus far, spanning across 11 different automakers. However, NHTSA has now sent letters to companies including Mercedes-Benz, Jaguar-Land Rover, Suzuki, Tesla, Volvo Trucks, Volkswagen, and Spartan Motors requesting information on which vehicles are equipped with Takata inflators. “It is expected that the scope of the current Takata recalls may expand as time goes on and will likely grow to include ... Read More

Peanut Executive Sentenced To 28 Years For Deadly Salmonella Outbreak


A federal judge hit the former owner and chief executive of a peanut processing company with a 28-year prison sentence Monday for a number of crimes related to a massive 2009 Salmonella outbreak that sickened more than 700 people in nearly every state and killed nine. For Stewart Parnell, the 61-year-old head of Peanut Corporation of America, the punishment amounts to a virtual life sentence. Many family members of victims who died as a result of the Salmonella outbreak were in the Albany, Ga., federal court for the sentencing, urging the judge to impose the harshest sentence possible. Mr. Parnell’s brother, ... Read More

GM To Pay $900-Million Criminal Fine To End Ignition Switch Probe

GM recall

General Motors (GM) has reached a deal with federal prosecutors requiring the automaker to pay $900 million to settle criminal charges related to its mishandling and cover-up of defective ignition switches, which have been linked to at least 124 deaths and many more injuries. The settlement tentatively concludes the Justice Department’s year-long criminal probe into GM’s botched and illegal responses to its deadly ignition switch flaws, which affected 2.6 million vehicles. Rather than issue prompt, potentially life-saving recalls when it first recognized the problem more than a decade ago, GM instead concealed the problem and denied it existed. Under the ... Read More

NHTSA closes probe into Ford TRW power steering defect


Approximately 850,000 Ford vehicles investigated by the National Highway Traffic Safety Administration (NHTSA) for steering issues are not going to undergo a full recall. The Ford cars, including the 2010-12 Ford Fusion, Lincoln MKX and 2010-11 Mercury Milan, all with a rack mounted Electric Power Assisted Steering (EPAS) component built by TRW, were included in the Ford investigation. Consumers have been complaining that the first-generation steering assist was failing in the vehicles, putting drivers in scary situations while on the road. As a result, nearly 393,000 vehicles featuring the first-generation TRW system were recalled last July. According to Ford, the TRW ... Read More

China Rejects Drywall Litigation, Says Its Companies are Immune From U.S. Law


Plaintiffs suing Chinese companies that made allegedly defective drywall likely face an uphill battle as the Chinese government, which owns the manufacturing companies, shields them from litigation in the U.S. As many as 4,000 U.S. homeowners claim that sulfuric drywall made by Taishan Gypsum Co. Ltd. emitted fumes that corroded metal wiring and appliances, destroyed their belongings, and made them sick. Many of the homeowners, who live in Alabama, Florida, Mississippi, Louisiana, Texas, and Virginia, say the defective drywall has forced them to abandon their homes, leaving them bankrupt. Damages could exceed $1 billion. Lawyers representing the plaintiffs have been ... Read More

FDA sends warning letters to distributors of pure powdered caffeine

caffeine powder - photo by WILX news

Five distributors of pure powdered caffeine received warning letters from the Food and Drug Administration (FDA) that their products are potentially dangerous and their labels should be updated to warn consumers that improper use could be deadly. Pure caffeine powder is a highly concentrated form of the stimulant. A single dose is essentially 100 percent caffeine and a single teaspoon of the pure caffeine powder is about the equivalent to drinking 28 cups of coffee, which is toxic to humans. Last year, high school senior Logan Stiner died after consuming a lethal dose of pure powdered caffeine. An autopsy revealed that ... Read More

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