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Product Liability 1187 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

Fidget spinners may pose a choking hazard

fidget spinner - Wikipedia

Fidget spinners are just beginning to take a turn as the latest gadget to grab kids’ attentions, but a Texas mother says the whirligig can be a dangerous pastime. Kelly Rose Joniec of Houston, Texas,shared her story on Facebook to warn other parents that these spinners are no joke. Joniec’s 10-year-old daughter Britton was innocently playing with her spinner in the be back seat of her mother’s car when Joniec heard her daughter choke. She pulled over and discovered that her daughter had swallowed one of the bearings from her fidget spinner. She performed Heimlich in an attempt to dislodge ... Read More

Trinity Industries Settles Guardrail Amputation Lawsuit Hours Before Trial

guard-rail - KCPQ-TV image

Guardrail manufacturer Trinity Industries Inc. has settled a product liability lawsuit brought by a North Carolina man who claims that the company’s unapproved guardrail alterations resulted in a defective product that malfunctioned in a crash and severed his legs. Plaintiff Jay Scott Traylor, who filed the suit in February 2014, reached a settlement with Trinity the day before his case was to go to trial. Trinity informed Dallas County, Texas, District Judge Eric Moye of the settlement after it was agreed upon Monday, May 15. According to the complaint, Mr. Traylor struck a Trinity ET-Plus guardrail on Interstate 40 in ... Read More

Red Bull makers face wrongful death lawsuit

Red Bull - Shutterstock

A Georgia federal judge has ruled that the makers of Red Bull cannot skirt a $60 million lawsuit from the family of a man who claims he died from a serious heart complication aggravated by drinking a large quantity of the energy drink, according to Law360. Red Bull North America Inc. had filed a motion to dismiss the wrongful death lawsuit involving William Jacob Wade, who died in August 2014 from an aortic dissection. But U.S. District Judge Lisa G. Wood denied the motion, saying Red Bull unpersuasively characterizes the complaint as an “improper shotgun pleading” and that the court ... Read More

CPSC: Stop Using LayZ Board Hoverboards Immediately

hoverboard, LayZ Board

A hoverboard fire that killed two young girls in Harrisburg, Pennsylvania, in March has prompted federal regulators to issue an urgent warning to Americans calling for them to immediately stop using LayZ Board hoverboards. On April 3, the U.S. Consumer Product Safety Commission (CPSC) said it has evidence that a LayZ Board hoverboard was the source of the Pennsylvania house fire, which fatally injured two young girls and left another one with severe burn injuries March 1. The fire also displaced about 21 people, local reports said. The LayZ Board hoverboards, which are a different product from Lazyboard hoverboards, were made ... Read More

All Top Three Automakers Now Under U.S. Regulatory Observation

auto industry, regulation, money, justice - Shutterstock

Volkswagen’s $4.3 billion settlement of criminal and civil penalties resulting from its emissions fraud subjects the German automaker to three years of probation and daily regulatory scrutiny. Now, with the VW deal, the world’s top three automakers are under close federal oversight to ensure their compliance with auto rules and regulations. On April 21, federal judge Sean Cox in Michigan approved a $4.3 billion criminal and civil settlement reached between the U.S. government and Volkswagen six weeks prior. Part of that deal puts the automaker under the watchful eye of an independent, court-approved monitor. Toyota, the world’s leading auto manufacturer, ... Read More

Viking agrees to pay $4.65 million to settle gas range defect claims

viking range

A Mississippi company agreed to pay a $4.65 million civil penalty to settle charges the company failed to report and recall a defective product, according to the Consumer Product Safety Commission (CPSC). Viking Range LLC of Greenwood, Mississippi, and its parent company, The Middleby Corporation, of Elgin, Illinois, collectively known as Viking, agreed to settle claims its gas ranges contained a defect causing them to spontaneously turn on and not shut off via control knobs. Between 2008 and 2014, Viking received 170 reports of incidents, including from consumers who were burned when trying to disconnect the ranges from a power ... Read More

Salvaged Takata Airbags Threaten Lives, Latest Airbag Injury Shows

Honda Takata airbags

Honda Motor Corp. said Wednesday that an 18-year-old female was seriously injured in Las Vegas March 3 when the Takata airbag in her 2002 Accord exploded in a minor rear-end collision. The airbag rupture nearly killed Karina Dorado, a customer service call center worker, by puncturing her trachea. Trauma surgeons removed metal pieces of the Takata airbag and its housing from her neck and vocal cords, which were also damaged. She is still being treated for neck injuries. While automakers, federal regulators, and civic and municipal leaders are pushing car owners affected by the massive Takata airbag recall to have ... Read More

Former FBI Director Robert Mueller Picked To Administrate Takata Compensation Fund

Takata airbag - image source alexauto321, wikicommons

A federal judge in Michigan has tapped former FBI Director Robert S. Mueller III to administrate nearly $1 billion in compensation claims for automakers and U.S. victims harmed by defective Takata airbags that deployed with excessive force or exploded. U.S. District Judge George Steeh issued a notice of intent April 6 to select Mr. Mueller to oversee the Takata compensation fund, which allocates $850 million to the car manufacturers that face costly recalls and lawsuits stemming from the defective airbags and $125 million to the human victims, both past and future. Judge Steeh chose Mr. Mueller to administrate the compensation ... Read More

Tennessee Bills Deceased Teen For Defective Guardrail That Killed Her

guard-rail - KCPQ-TV image

The State of Tennessee billed a deceased teen for “damage to state property” and the costs involved in replacing a section of guardrail that malfunctioned and killed her in a November crash. Hannah Eimers, 17, was killed instantly Nov. 1 when the 2000 Volvo S80 she was driving on I-75 near Niota, Tennessee, veered onto the median from the northbound lane and struck the end terminal of a guardrail. Instead of collapsing like a telescope as it was designed to do, however, the Lindsay X-LITE guardrail system impaled the vehicle and struck Hannah in the head and neck, pushing her ... Read More

Southern California Leaders Warn Locals of Grave Takata Airbag Risks

Takata airbag - image source alexauto321, wikicommons

Civic and community leaders in the Los Angeles area have formed a coalition to urge motorists with vehicles affected by the Takata airbag recalls to have their airbag inflators repaired , saying hundreds of thousands of local residents continue to drive around with the potentially explosive airbags. The group is trying to convey to motorists what can happen if they fail to take the recall seriously. Speaking at a news conference at Los Angeles Trade Technical College in downtown Los Angeles, the group warned that airbags in millions of vehicles can deploy with lethal force and blast shrapnel from the ... Read More