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Product Liability 1053 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

Fiat Chrysler faces record fines and buy-backs for mishandled recalls

Fiat Chrysler logo

A settlement between the U.S. and Fiat Chrysler will require the Italian-American automaker to buy back potentially hundreds of thousands of Dodge Ram pickup trucks from customers and pay a record $105 million civil fine for its alleged misconduct in 23 safety recalls affecting more than 11 million vehicles. Fiat Chrysler also agreed to allow owners of more than a million older Jeeps with dangerously positioned rear gas tanks to trade them in or get paid to have the vehicles repaired. The agreement signals a tougher stance by the National Highway Traffic Safety Administration (NHTSA), which has fallen under harsh ... Read More

Big private investment will help Blue Bell resume ice cream making

Recall - blue bell ice cream cups

Blue Bell Creameries said that a “significant investment” from a Texas oil billionaire will help it get back on its feet after being shuttered for months following a Listeria outbreak linked to its ice cream products. Sid Bass, a prominent Texas billionaire, invested an undisclosed amount to the privately owned ice cream manufacturer. The company said the investment would allow it to start making test batches in its factories once again. In May, Blue Bell CEO Paul Kruse told the company’s small group of investors that it required up to $125 million to recover from “a financial crisis that could ... Read More

Takata won’t set up compensation fund for airbag victims

Takata airbag - image source alexauto321, wikicommons

Japanese automotive supplier Takata said it does not plan to establish a compensation fund for people and their families injured or killed by its airbag defect, which affects about 34 million vehicles in the U.S. Earlier this month, TK Holdings Inc., Takata’s North American unit, said it would consider setting up a compensation fund much like the fund that General Motors created for those harmed by its ignition switch defect. The company was acting in response to calls from Senator Richard Blumenthal (D-Conn.) and other U.S. lawmakers to start such a fund. However, in an email to Sen. Blumenthal, Takata ... Read More

NHTSA launches investigation into defective ARC airbag inflators in older-model vehicles

Takata airbag - image source alexauto321, wikicommons

The National Highway Traffic Safety Administration (NHTSA) has announced an investigation into defective airbag inflators manufactured by ARC Automotive, which is unaffiliated with Takata’s defective airbags. According to NHTSA, nearly 420,000 older-model Fiat Chrysler Town and Country minivans, as well as about 70,000 Kia Optima sedans are equipped with the defective ARC airbag inflators under probe. Similar to the Takata airbag recall, the faulty ARC airbags may also explode upon impact, but not for the same reasons. During a preliminary analysis, experts learned that the path used by inflator gas to exit the airbag may be blocked by an unknown ... Read More

Fiat Chrysler recalls 88,000 cars with defective Takata airbags

Takata airbag - image source alexauto321, wikicommons

Fiat Chrysler said over the weekend it is recalling more than 88,000 vehicles that it “inadvertently excluded” from a May recall to repair defective airbags made by Japanese supplier Takata. The faulty airbags are prone to explode with deadly force and have been installed in nearly 34 million vehicles. The latest recall involves 88,436 model-year 2008-2010 Dodge Challengers manufactured between September 2007 and October 2010, the National Highway Traffic Safety Administrations (NHTSA) said in a notice. Auto safety regulators announced the recall about a month after announcing they had identified all of the vehicles equipped with the flawed Takata airbags. ... Read More

Alleging ignition-switch cover-up, plaintiffs seek GM’s legal communications

GM recall

Plaintiffs seeking documented communications between General Motors and its lawyers urged a New York federal judge Thursday to order GM to release the documents, arguing the automaker and its lawyers conspired to commit fraud to conceal a deadly ignition switch defect and therefore should not be allowed to hide their misconduct behind attorney-client privilege. Plaintiffs’ lawyers singled out three cases demonstrating how GM and its attorneys allegedly lied and buried evidence that it knew the ignition switches in millions of its cars were unsafe – actions that constitute a crime or fraud as defined by the crime-fraud exception to the ... Read More

Chinese Drywall Class Action plaintiffs await ruling on damages

china

Nearly 3,000 homeowners who claim their homes and personal property have been ruined by cheaply made Chinese drywall await a federal judge’s decision after a trial to determine damages in a class-action lawsuit concluded Tuesday. U.S. District Judge Edon Fallon, who certified the class, heard testimony from expert witnesses in New Orleans and will decide damages without the participation of a jury. The judge plans to make a decision toward the end of the month, after meeting with attorneys from both sides. The class action includes homeowners from Alabama, Florida, Louisiana, Mississippi, Texas, and Virginia who contend the defective drywall ... Read More

Honda pins an additional 4.5 million vehicles to its Takata airbag recall

Honda Takata airbags

Honda continues to be the hardest hit by the Takata airbag recall as the company announces plans to recall another 4.5 million vehicles. With this recall added, more than 24 million Honda vehicles are now suspected to be afflicted by the dangerous Takata airbags. The suspected, but unconfirmed problem with the Takata airbags continues to be the defective airbag inflators, which contains a powerful propellant solution that some experts believe could burn too quickly, resulting in an explosion that bursts metal shrapnel into passengers sitting in the vehicle’s front cabin. The exploding airbag issue has been linked to eight deaths ... Read More

Blue Bell Creameries’ Alabama plant to start trial runs in July

Recall - blue bell ice cream cups

Blue Bell Creameries said its Sylacauga, Ala., production plant will start trial runs later this month, moving a step closer to resuming normal production. The announcement comes as sweet news to millions of Blue Bell fans who haven’t eaten their favorite ice cream brand since it started recalling some of its products for bacterial contamination in March. The company expanded the recall April 20 to include all of its products amid a national outbreak of listeria-induced illnesses traced to Blue Bell ice cream, including three deaths. The Brenham, Texas-based company said the Alabama trial runs are tentatively set to start ... Read More

Takata airbag victims may be better served by court litigation, not compensation fund

Takata airbag - image source alexauto321, wikicommons

Takata officials are considering the feasibility of creating a compensation fund for victims of its defective airbags, which have been installed in some 34 million vehicles and can explode in the most minor of accidents, spaying vehicle occupants with metal shrapnel. The idea for such a fund comes naturally amid large-scale and costly disasters, such as General Motors’ defective ignition switch crisis and the BP oil spill, but plaintiffs’ lawyers say that such a fund may not be suitable in Takata’s case. Japan-based Takata Corp. finally agreed in May to recall about 34 million vehicles affected by the flawed airbags. ... Read More