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Product Liability 989 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

Mandatory safety standard for frame child carriers

frame child carrier

The danger behind frame child carriers has now been addressed by the Consumer Product Safety Commission (CPSC) with the approval of a new mandatory safety standard in a unanimous vote to ensure the protection of children nationwide. The frame child carrier is designed to carry a child on the back of the caregiver in a sewn fabric construction with a metal (or other material) frame. The child, who sits upright in the frame unassisted, must be between 16 and 50 pounds for the equipment to be used properly. The carrier resembles hiking/mountaineering equipment and is often used for transporting children for ... Read More

Honda president resigns; profits hurt by Takata air bags

Honda Takata airbags

Honda Motor Co. suffered another devastating blow from the Takata air bag controversy as President Takanobu Ito announced his resignation. Honda, the automaker experiencing the most fallout as a result of the dangerous Takata air bag inflators, has been forced to soak up recall costs related to the air bags, causing inferior earnings lower than the company anticipated. Following Ito’s resignation, Honda executive Takahiro Hachigo will take on the role of president in April and continue his 33-year career with the automaker. The situation with the Takata air bags was not mentioned during the news conference in Tokyo. Other managerial changes ... Read More

NHTSA to fine Takata $14K a day until compliance

Takata airbag - image source alexauto321, wikicommons

A fine of $14,000-per-day has begun being levied against Takata Corp. by the National Highway Traffic Safety Administration (NHTSA) after the auto parts supplier failed to “fully cooperate” with the safety agency’s probe of Takata’s exploding air bag inflators. The NHTSA also plans to discuss the situation with the Department of Justice if Takata continues to neglect its responsibility with dangerous air bag inflators, which have already been linked to at least six deaths. NHTSA issued “special orders” to Takata following the discovery of the air bag inflator defect, including requesting answers to questions while under oath and various documents. In essence, ... Read More

CDC issues final report on Listeria outbreak, links deaths to contaminated apples

Happy Apples caramel apples

An outbreak of food poisoning from Listeria monocytogenes has been linked by federal health regulators to commercially produced, prepackaged caramel apples made from apples supplied by Bidart Brothers. The outbreak of Listeriosis food poisoning sickened at least 35 people in a dozen states and two people in Canada, according to the U.S. Centers for Disease Control and Prevention (CDC), which investigated alongside U.S. Food and Drug Administration (FDA) authorities. The CDC said that public health investigators from both agencies used the PulseNet system to identify illnesses that were a part of the outbreak. PulseNet is a national network of public ... Read More

Whistleblower, expert engineer say Trinity guardrails failed critical safety test

guard-rail - KCPQ-TV image

A whistleblower who sued Trinity Industries under the False Claims Act and won, filed documents in court last week alleging the guardrails at the center of the case failed one of the tests ordered by the court. Joshua Harman, a Virginia guardrail installer, alleged in his whistleblower complaint that Dallas, Texas-based Trinity secretly modified its ET-Plus guardrail system in 2006 to save money but failed to tell the Federal Highway Administration (FHWA) about the alterations. Mr. Harman claimed that the illegal modifications turned the guardrails into giant spears that cut through vehicles, sometimes impaling their occupants. A federal jury in ... Read More

Jury awards $11 million to victims of Toyota sudden acceleration crash

toyota cars

The victims of an alleged Toyota sudden acceleration crash involving a 1996 Camry will share an $11 million award after a Minnesota federal jury found the Japanese automaker partially responsible for the deadly accident, which killed three people and injured three others. The verdict concludes a tragic saga that has taken unexpected twists and turns for much of a decade, uniting plaintiffs once locked in a legal face-off in a lawsuit that sought to make Toyota pay for manufacturing defective vehicles that could potentially accelerate unexpectedly and race out of control. In June 2006, Koua Fong Lee was driving his ... Read More

Honda expecting lower profits in 2015 as a result of Takata air bag recall costs

Honda Takata airbags

A prolonged (and apparently expensive) Honda recall to replace potentially dangerous Takata Corp. air bags has caused the Japanese automaker to cut approximately 6.5 percent of its profits from the company’s annual profit predictions. Instead, Honda is placing millions of dollars aside to ensure that the recalled vehicles are fixed. The Takata airbag recalls began when millions of cars from nine different auto manufacturers were recalled in June due to defective airbag inflators produced by the Japanese supplier Takata Corp. The recall notice claims that the airbags may burst from the defective inflators, resulting in metal fragments blasting into the ... Read More

New auto industry whistleblower bill would expose safety defects, misconduct

whistleblower-2

Propelled by the General Motors’ deadly ignition switch disaster and the record number of vehicles recalled industry-wide last year, a bipartisan group of U.S. lawmakers is pushing for support of a new bill that would give more incentives to whistleblowers who expose potentially deadly automotive defects. The Motor Vehicle Whistleblower Act was introduced by Commerce Committee Senators John Thune (R-S.D.) and Bill Nelson (D-Fla.) on Nov. 20, 2014, in a previous session of Congress, but not enacted. The senators reintroduced S. 2949, as the bill is called in the Senate, last week. If enacted, the auto industry whistleblower bill would grant the transportation ... Read More

GM ignition switch fund deadline approaches, 50 death and 75 injury claims approved

GM recall

General Motors ignition switch compensation fund administrator Kenneth Feinberg has approved 50 claims for death and 75 claims for personal injury just before the deadline to file claims for damages related to defective ignition switches in GM vehicles arrives on Jan. 31. Mr. Feinberg, who has also administered funds established for the victims of the BP oil spill, the Boston Marathon bombing, and the 9-11 terror attacks, reported that the GM ignition switch fund received has received 338 claims for death and 2,730 claims for injury since it began accepting claims in August. Many of the claims remain under review ... Read More

Numerous recalled drop-side cribs remain in use despite safety ban

drop side crib

In 2010 the Consumer Product Safety Commission (CPSC) banned drop-side cribs due to entrapment and suffocation hazards. In the past few years, millions of cribs have been pulled off the market to prevent catastrophe. However, many recalled cribs stay in the marketplace through various means, purchased used at garage sales or in online shops, or handed down among family members unaware of the recalls and the danger. Another problem arises when the manufacturer of a once-popular line of these type of cribs goes out of business, halting the line of communication with consumers. LaJobi was responsible for producing a large amount of ... Read More