Hazardous Products

Product liability deals with cases involving defective or unsafe products. Manufacturers, wholesalers, and retailers of products can be held liable for damages arising from the use of defective products. Products covered by this area of law include food, drugs, and real estate, as well as virtually all consumer products. The user who is injured and seeks damages does not need to be the original purchaser of the product, nor does a person seeking damages always have to prove negligence. Product liability frequently is a question of strict liability: that is, if the product is defective and that defect caused injury, the injured user may sue for damages as long as the product was used as it was meant to be used and not substantially changed from its original condition.

If the injured user was using the product in a manner not intended by the manufacturer or retailer, or had altered the product so that safety features were disabled, it may not be possible to prove that injuries were caused by defects in the product. The defendant may be able to successfully claim that the injuries were caused by the acts of the plaintiff.

Questions of negligence and breach of warranty are also grounds for a claim for damages under product liability. In the case of negligence, if it can be shown that a company was negligent in testing its product adequately or in supplying directions for its use, the injured party probably has grounds for filing suit. Similarly, a manufacturer implies a warranty for fitness of use and freedom from defect when an item is sold. If the item proves to be defective, or is unfit for the purpose intended, an injured user can file a product liability case. In a case of negligence, it is important that the plaintiff be able to show that the product was defective when it left the control of the party being sued. It is not possible to hold someone liable for a defect that occurred after that party had control over the product.

In product liability, there are various areas of defects that can occur. If a claim of strict liability is to be pursued, the injured party will need to show that due to a defect, the product was unreasonably dangerous for its intended use. There are generally three areas in which a product can be unreasonably dangerous:

1. The manufacturer or seller can fail to warn about dangers associated with the product's use. Manufacturers and sellers are expected to give adequate warnings about possible dangers and to provide clear and adequate instructions of use. Failure to do so can cause a useful product to become deadly. For instance, coolants used in automobiles are extremely toxic; failure to print warnings of this toxicity on the product labels could lead to an accidental poisoning and thus to a suit for damages.

2. The product may have a design defect. This means that the product is manufactured with a defect, even if it is assembled perfectly. An example would be a car gasoline tank that is designed with weak walls such that an impact can rupture the tank and cause the car to catch on fire, even when the tank is correctly assembled and installed.

3. A manufacturing defect exists when an otherwise safe product is rendered dangerous because it is assembled improperly. A car whose wheel is installed with missing or cross-threaded bolts may lose a wheel at high speed, injuring or killing the driver and passengers. If it is proved that the car was manufactured with that defect, the manufacturer will be liable.

In all cases of product liability, it is essential to the success of the case that the product be preserved and that all paperwork showing the origin of the product be made available. Receipts showing purchase, any repair records, etc., can be vital to building a successful case.

If you or a loved one has suffered an injury, illness or death in connection with the use of a hazardous product, call VanDerGinst Law at 1-866-843-7367 or click here for a FREE online case evaluation. The initial consultation is free of charge. If we agree to handle your injury case, we will work on a contingency fee basis, which means we get paid for our services only if, and when, there is a money recovery for you. In many cases a lawsuit must be filed before an applicable expiration date, known as a statute of limitations. So please call right away to ensure that you do not waive your right to possible compensation.

Hazardous Products

• Airplane Accidents
• Bicycle Accidents
• Boat Accidents
• Car Accidents
• Construction Accidents
• Cruise Ship Accidents
• Dangerous Drugs
• Dog Bites & Animal Attacks
• Dram Shop Liability
• Environmental Pollutants
• Hazardous Products
• Injuires Caused By Intoxicated Persons
• Medical Malpractice
• Motor Vehicle Accidents
• Motorcycle Accidents
• Negligent Security
• Nursing Home Negligence
• Other Disability Claims
• Pedestrian Accidents
• Premises Liability
• Product Liability
• Railroad Accidents
• Slip and Fall Accidents
• Social Security Disability
• Tractor Trailer & Big Truck Accidents
• Workers' Compensation

Links on the Web

US Consumer Product Safety Commission - Recent recalls and product safety news Recalls and product safety news from CPSC

Tue, 06 Jan 2009 15:30:00 GMT Jardine Expands Recall of Cribs Sold by Babies"R"Us; Cribs Pose Entrapment and Strangulation Hazards The wooden crib slats can break, creating a gap, which can pose an entrapment and strangulation hazard to infants and toddlers. Click here to read this Hazardous Products news article.

Tue, 06 Jan 2009 15:30:00 GMT Children's Hooded Jackets with Drawstrings Recalled by Ms. Bubbles Inc. Due to Strangulation Hazard The jackets have a drawstring through the hood which can pose a strangulation hazard to children. In February 1996, CPSC issued guidelines to help prevent children from strangling or getting entangled on the neck and waist drawstrings in upper garments, such as jackets or sweatshirts. Click here to read this Hazardous Products news article.

Tue, 06 Jan 2009 15:30:00 GMT Bicycles with RockShox Bicycle Forks Recalled by SRAM LLC Due to Crash Hazard The steel steerer on the forks can crack, causing the fork to detach from the bicycle frame. This can cause the rider to lose control and crash. Click here to read this Hazardous Products news article.

Tue, 06 Jan 2009 15:30:00 GMT Viking Range Corp. Recalls Toasters Due to Shock Hazard Wiring inside the toaster can become loose and contact the toaster body, posing a shock hazard to consumers. Click here to read this Hazardous Products news article.

Fri, 02 Jan 2009 16:00:00 GMT Lasko Products to Pay $500,000 Civil Penalty for Failure to Report Defective Fans Lasko Products Inc., of West Chester, Pa., has agreed to pay a $500,000 civil penalty. The penalty, which has been provisionally accepted by the Commission, settles allegations that the company failed to immediately report incidents about its defective portable fans. Click here to read this Hazardous Products news article.

Tue, 30 Dec 2008 18:15:00 GMT Boys Reversible Vests Recalled by Bon-Ton Stores Due to Choking Hazard The zipper tabs on these vests fail to meet the children's torques test standards, posing a choking hazard to children. Click here to read this Hazardous Products news article.

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Food and Drug Administration--Recalls Recall Information from FDA

Tue, 06 Jan 2009 16:31:00 GMT Celeste Industries Corporation Recalls All Lots of simplySmart Remove Make Up Remover (January 5) Celeste Industries Corporation has voluntarily recalled all lots of simplySmart Remove Make Up Remover in the US and Canada This product is packaged as a single towelette with hiexpress.com shown on the packet. This recall was a result of certain limited lots testing positive for Pseudomonas aeruginosa bacteria. Click here to read this Hazardous Products news article.

Mon, 05 Jan 2009 14:52:00 GMT National Brands Inc. Issues a Nationwide Recall of Topaz brand Wafer Rolls Because of Possible Health Risks (December 19) National Brands Inc., Spring Valley NY is initiating a nationwide recall of all their 4.76oz (135gm) cans and 12.3oz (350gm) cans of Topaz brand Wafer Rolls because it may be contaminated with Melamine. Click here to read this Hazardous Products news article.

Fri, 02 Jan 2009 14:22:00 GMT FDA Announces Class I Recall of Ophthalmic Surgical Device The U.S. Food and Drug Administration announced a Class I recall of lot no. UD30654 of Healon D, an ophthalmic viscosurgical device (OVD) manufactured by Advanced Medical Optics Inc. (AMO) of Santa Ana, Calif. Click here to read this Hazardous Products news article.

Wed, 31 Dec 2008 21:35:00 GMT Stryker Craniomaxillofacial Issues Nationwide Recall of its Custom Cranial Implant Kits; Catalogue Numbers 54-00101, 54-00102, 54-00103 and 54-00104, all lots shipped sterile (December 23) Stryker's Craniomaxillofacial (CMF) business unit announced today that the U.S. Food and Drug Administration (FDA) concluded on Dec. 18, 2008 that its recall of the following Stryker CMF's Custom Cranial Implant Kits is a Class I recall, which means the product could pose an imminent hazard to health: Catalogue Numbers 54-00101, 54-00102, 54-00103 and 54-00104, all lots shipped sterile. The notification relates to a nationwide voluntary recall initiated by Stryker CMF on Oct. 24, 2008 of 322 Custom Cranial Implant Kits after determining that the sterilization validation of the product was not performed according to appropriate standards. Click here to read this Hazardous Products news article.

Wed, 24 Dec 2008 27:46:00 GMT KRC Food Trading Inc. Recall of Fish Cake Sushi (December 23) KRC Food Trading Inc is recalling its Fish Cake sushi with production date of December 19 and December 22 due to the label not declaring eggs. People who have an allergy or severe sensitivity to eggs run the risk of serious or life-threateningallergic reaction if they consume these products. The Fish cake Sushi was distributed in California in coffee shops, bakeries, and Korean markets in Los Angeles, CA including two retail stores owned by the firm. Click here to read this Hazardous Products news article.

Tue, 23 Dec 2008 23:36:00 GMT KV Pharmaceutical Voluntarily Suspends All Shipments of its Approved Tablet-form Drugs (December 23) KV Pharmaceutical has advised the U.S. Food and Drug Administration (FDA) that, effective midnight Dec. 19, 2008, the company voluntarily suspended all shipments of all FDA approved drug products in tablet form. KV Pharmaceutical is also recalling a single production lot of Hydromorphone HCl 2 mg tablets (Lot 90219, Exp: 3/2010; NDC 58177-0620-04), a pain management drug, following the report of an oversized tablet. Click here to read this Hazardous Products news article.

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NYT > Automobile Safety Features and Defects News about automobile safety features and defects, including commentary and archival articles published in The New York Times.

Tuesday 06th of January 2009 03:27:58 PM Can You Hear My Prius Now? Two recent graduates of the Stanford Graduate School of Business built a system to allow hybrid vehicles to generate sound in order to make blind pedestrians aware of them. Click here to read this Hazardous Products news article.

Tuesday 06th of January 2009 03:27:58 PM Ensuring Junior Goes for a Mild Ride Hazardous Products news and personal injury law information. Click here to read this Hazardous Products news article.

Tuesday 06th of January 2009 03:27:58 PM Slow-Moving Vehicle Hazardous Products news and personal injury law information. Click here to read this Hazardous Products news article.

Tuesday 06th of January 2009 03:27:58 PM Comments of the Week Readers comment on Automobiles section blog on Congress considering bill to require Transportation Department to come up with safety standards for hybrids and other quiet vehicles, which will include some kind of audible alert for pedestrians Click here to read this Hazardous Products news article.

Tuesday 06th of January 2009 03:27:58 PM Are Hybrids Too Quiet? Article by Richard Simon Chang on Automobiles section blog questions whether hybrids pose safety hazard to pedestrians because vehicles are too quiet; bill was introduced in Congress requiring Transportation Department to establish safety standards for hybrids and other quiet vehicles, which will include some sort of audible alert for pedestrians; photo Click here to read this Hazardous Products news article.

Tuesday 06th of January 2009 03:27:58 PM Huge Recall, but Many Cars Unfixed Hazardous Products news and personal injury law information. Click here to read this Hazardous Products news article.

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