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Product Liability 944 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

AutoNation responds to Takata air bag recall by refusing to sell affected vehicles

Takata airbag - image source alexauto321, wikicommons

After reports of Takata Corp’s exploding air bags wreaking havoc on more than 16 million vehicles around the world, AutoNation Inc. has opted not to sell the vehicles affected by the recent Takata air bag recall. “We as a company have made the decision not to retail any vehicle that is involved in this recall until it is repaired and the vehicles that do come in for service,” said AutoNation Chief Executive Mike Jackson in an interview with Reuters. “We are advising the customer not to put a passenger in front of that air bag until it’s repaired.” Although AutoNation is currently ... Read More

Lawmakers target Takata, NHTSA, automakers with scathing inquiries into exploding airbags

Takata airbag - image source alexauto321, wikicommons

Federal auto safety regulators have again fallen under sharp criticism for their handling of exploding air bags made by Japanese supplier Takata. The defective airbags, which have been installed in millions of U.S. vehicles, are prone to deploying with excessive force, blasting metal shrapnel through the vehicle’s interior, sometimes with deadly consequences. On Thursday Senators Richard Blumental (D-CT) and Edward Markey (D-Mass) planned to send “a sternly worded letter,” The New York Times reported, scolding the National Highway Traffic Safety Administration (NHTSA) for its lackadaisical handling of the Takata airbag recalls. Specifically, the lawmakers want to know why NHTSA is ... Read More

GM vehicles with defective ignition switches being sold through dealerships

GM recall

General Motors (GM) chief Mary Barra said Thursday that the automaker is “stepping up” its outreach to owners of vehicles with defective ignition switches that have not yet been repaired, but state and federal laws do not prohibit dealerships from selling used vehicles that have not had the proper recall repairs performed. Throughout the country, buyers of used GM vehicles are finding that their “new” used cars, trucks, and SUVs, purchased after GM announced its sweeping recalls, are still in need of safety repairs, including the especially urgent ignition switch repair. Used car buyer Diane Miller told Cincinnati’s WCPO that ... Read More

Remove Trinity guardrails from nation’s highways, Connecticut senator tells federal safety officials

guard-rail - KCPQ-TV image

Senator Richard Blumenthal (D-Conn.) is urging the federal government to remove and replace potentially deadly guardrails along highways throughout the nation after a whistleblower suing a leading guardrail manufacturer won a jury verdict of $175 million. Sen. Blumenthal says the Federal Highway Administration neglected to investigate alterations Trinity Industries made in its ET-Plus guardrail system nearly a decade ago. That change, whistleblower Josh Harman alleged in his False Claims Act lawsuit against the company, altered the guardrails’ performance when struck, making them behave more like giant deadly spears than lifesaving devices. “Nearly every state has them, and the Federal Highway ... Read More

NHTSA updates air bag defect warning to include another three million vehicles

Takata airbag - image source alexauto321, wikicommons

Shortly following the U.S. government’s plea to nearly five million car owners to learn more about a life-threatening air bag defect, the National Highway Traffic Safety Administration (NHTSA) has updated its warning to include three million more car owners believed to be driving under dangerous circumstances. According to the safety alert, the NHTSA is making the public aware of inflator mechanisms within the affected vehicles’ airbag systems that may rupture upon impact, triggering an arsenal of metal fragments to violently fly out as the bags are being deployed. Takata Corp., one of the world’s largest automotive suppliers in the world, manufacturing air ... Read More

Texas guardrail maker loses whistleblower case, jury orders company to pay $175 million

guard-rail - KCPQ-TV image

A Texas guardrail manufacturer accused by a whistleblower of defrauding the federal government has been ordered to pay $175 million by a federal jury. Dallas-based Trinity industries for years has manufactured guardrail systems for the Federal Highway Administration (FHA), which uses them on highways in most every state. In 2012, whistleblower Josh Harman, a Virginia guardrail installer and safety advocate, sued Trinity under the qui tam provisions of the False Claims Act, accusing the company of secretly changing the design of its government-approved ET-Plus guardrail system. According to Mr. Harman, the redesigned ET-Plus guardrails cost less for Trinity to produce ... Read More

More deaths and injuries due to dangerous Takata airbags lead to rare urgent plea from U.S. government

Takata airbag - image source alexauto321, wikicommons

In order to try and prevent further deaths and injuries to drivers or passengers on the road, the U.S. government has issued a shocking plea to the almost five million people currently driving vehicles with potentially deadly Takata airbags. Drivers of the affected vehicles are being urged to visit their dealership immediately to have the airbags inspected and possibly repaired or replaced. According to Takata Corp., the Tokyo-based supplier of the airbags in question, the inflating mechanisms within the airbags may rupture violently, causing multiple metal fragments to disperse rapidly into whatever may be in front of them. Safety advocates have confirmed ... Read More

GM’s top lawyer to retire amid ignition switch defect scandal

GM recall

General Motors (GM)’s top lawyer Michael Millikin is retiring from the company early next year after a 36-year career with the Detroit automaker. His resignation comes amid a U.S. Justice Department investigation of the company’s handling of its deadly ignition switch defect, which affects 2.6 million vehicles and has been linked to at least 29 deaths and 27 serious injuries. Mr. Millikin and GM’s entire legal team have fallen under harsh criticism after it became known that they played a key role in the company’s inaction while millions of vehicles with defective, potentially deadly ignition switches rolled off GM assembly ... Read More

NHTSA warns consumers about exploding airbags, urges vehicle owners to have cars inspected

Takata airbag - image source alexauto321, wikicommons

Following an investigation into possible exploding airbags it began in June, the National Highway Traffic Safety Administration (NHTSA) issued an urgent warning to motorists. The agency notes more than 4.7 million vehicles may contain defective airbags manufactured by Takeda, which can explode in even a minor collision, sending shrapnel flying at drivers and passengers. Automakers worldwide already have recalled 12 million vehicles for the problem. Takata airbags are used in a variety of automobiles produced by different manufacturers. The NHTSA alert includes cars made by Toyota, Honda, Mazda, BMW, Nissan, General Motors (GM), and Ford. The problem appears to be ... Read More

DOJ seeks to shut down operations at pharmaceutical supply company after reports of infection

closed-sign

The U.S. Department of Justice (DOJ) is moving to shut down Pharmaceutical Innovations, a Newark, N.J.-based company blamed for producing ultrasound gel that caused infections in 16 patients. The DOJ, working on behalf of the Food and Drug Administration (FDA), filed a complaint against the company and its president and owner, Gilbert Buchalter, seeking an injunction to halt operations at the plant until it resolves violations to the Federal Food, Drug and Cosmetic Act. The DOJ claims the company produced the gel used in ultrasound tests without following proper manufacturing practices, failed to obtain proper approval before distributing its products, and ... Read More