Articles Posted in Product Liability

Did you know that liquid nicotine comes in hundreds of flavors ranging from menthol to chocolate to boston cream pie and strawberry daiquiri?   More importantly, did you know that just a teaspoon of liquid nicotine can kill a child? To say this is scary would be an understatement. In fact, the director of the San Diego division of the California Poison Control System has been quoted as saying it is not a matter of if a child will be seriously poisoned or killed, but a matter of when.

Electronic cigarettes are widely touted as a safe alternative to smoking traditional cigarettes. Because the electronic cigarette is smokeless, the user does not inhale the tars and toxins in the tobacco smoke. But many electronic cigarette users are unaware of the hazards associated with the liquid nicotine. Oral ingestion of liquid nicotine or absorption through the skin can create toxic symptoms including rapid heart beat, dizziness, confusion, elevated blood pressure, nausea, diarrhea, seizures, etc. Ultimately, the toxicity can lead to a coma or death. 

In the United States, there is currently very little government oversight over liquid nicotine. The New York Times reports that vendors offer to sell the product by the gallon and barrel despite the fact that as much as a teaspoon can be lethal. In Europe, liquid nicotine must be sold in child-proof and tamper-proof packaging and with health warnings. In Canada, manufacturers must comply with these same regulations and also submit proof evidencing the quality and safety of the product.

Roger Bates got into the grain auger to break up material that would have clogged the machine.  But, the corn sucked him down so fast that he could not use the chain he had brought in with him as a safety measure.  Lucky for Mr. Bates, his grandson reacted quickly and decisively. He called 911, turned off the auger and then got into the bin to dig out some of the corn around his grandfather’s chest before the 35,000 lbs. of corn suffocated him.  Five hours later, emergency responders were able to free Mr. Bates from the bin. 

To say Mr. Bates was extremely lucky is an understatement, as fifty percent of all grain engulfments accidents end with the victim being suffocated to death. Over the last 50 years, there have been more than 900 grain engulfment accidents in the United States. 

In 2010, the number of grain accident engulfments reached an all-time high, so efforts were launched to improve safety, awareness and enforcement.  The United States Department of Labor has issued a hazard alert, and OSHA has developed a fact sheet to help employers maintain safe work places for their employees.

The National Highway Safety Administration (commonly referred to as “The NHTSA”) is the country’s watchdog on all things related to motor vehicle safety.  For instance, the NHTSA is the government agency responsible for testing all vehicles to ensure they comply with all Federal Motor Vehicle Safety Standards (i.e, things like crashworthiness, airbags, etc.)  The NHTSA also monitors customer complaints and accidents looking for trends which might necessitate a recall of a particular vehicle. 

Well, the NHTSA now has an app.  The app allows users to quickly look up a vehicle crash test rating and compare the ratings of different vehicles – a feature which would be very handy when shopping for a vehicle.  It also will provide you driving directions to the closest location providing assistance with installing child safety seats.  If you are having a safety issue or problem with your vehicle, you can report it to the NHTSA using the app.  And finally, you can be notified if your vehicle or a family member’s vehicle is the subject of a safety recall.  This is especially important for owners of used vehicles who may not have registered their contact information with the vehicle manufacturer and so might not receive recall notifications by mail. 

This app could be helpful in keeping up with information that can help keep you and your loved ones safe. 

 Roughly 3.8 million child seats are being recalled by Graco because the buckles may fail to unlatch.  Graco has explained the buckles get jammed by food particles and sticky drinks like juice getting into the latch area.  What is interesting about the recall is that Graco is not recalling another 1.8 million child seats that have the same buckle.  Graco defends this decision by pointing out that the non-recalled child seats are rear-facing and infants do not get food or drinks on their seats. 

Say what?  It seems the National Highway Traffic and Safety Administration (NHTSA) is not buying that explanation either.  And why should they when both the NHTSA and Graco have received customer complaints about the rear-facing buckles and harnesses.  In a harsh response, the NHTSA accused Graco of providing “incomplete and misleading” documents in response to the investigation.

If you have a Graco child seat, go to the NHTA’s website for full recall information.  Obviously, these child seats could pose a serious risk of harm in certain types of car accidents.  Even in the absence of an accident, some parents have been forced to cut the straps of the car seat in order to be able to remove their child.  

 Imagine you are standing at the counter at Walgreens or CVS and the pharmacist offers you a choice:  you can purchase either the brand name version of your drug for $400 or you can purchase a generic alternative for $50.  Very few people would not opt for the less expensive generic version.  But, there is something you should know before making a decision between generic and brand name drugs.  

Generic drugs manufacturers are not responsible for drug defects or for failing to warn about such defects.  So, if the drug poses a substantial risk of harm for diabetics but the label does not warn about it, the generic drug manufacturer is not responsible. The injured diabetic has no recourse. Think about that.  Not only did the generic manufacturer not have to invest any money in researching and developing the drug, but then if they copy the drug they are not responsible for any harm caused by it (unless the generic drug manufacturer makes a mistake in the formulation process and does not accurately copy the drug).  This crazy result is based on a 2011 U.S. Supreme Court decision, Mutual Pharmaceutical v. Bartlett. 

In November of last year, the FDA announced a proposed change to the current rule which would make generic manufacturers responsible for labeling in the same fashion as brand name manufacturers.  The original comment period for the proposed rule was 60 days but the deadline was extended.  The new deadline is March 13, 2014.   We will keep you posted about this important safety issue for drug consumers.  

Nationwide Industries has recalled its Trident Pool Gate because the magnet which secures the gate can come loose resulting in the gate failing to latch.  The United States Consumer Product Safety Commission has a picture of the pool gate latch and a full description of the product.  

Pool gates are critical safety devices.  They prevent unintended access of the pool by children or other at-risk individuals.   For children ages 1 to 14, drowning is the second leading cause of death so preventing unintended access is a high priority. 

If you own a pool with a latching pool gate, take a moment and make sure your gate is not affected by the recall.  If you live in a residential complex with a community pool, call or email your property manager to make sure they are aware of the recall and have checked the gate.  If you have a neighbor who has a private pool, do the same thing.  This is especially true if you are the parent of young child. 

Who doesn’t love a good deal?  At garage sales, consignment stores, Ebay, Craig’s List, yard sales and the like, shoppers can snap up gently used products for a fraction of what the item would cost new.  But in some cases, the good deal is an illusion because the product has been recalled and actually poses a danger to you and your family.   For instance, in 2013, there were 5 separate recalls for baby strollers.  The risks associated with these recalled strollers ranged from strangulation and choking hazards to projectile and fall hazards.  Needless to say, regardless of the price, these particular strollers were not a good deal.  

The good news is you do not have to choose between safe and full price.  Instead, before purchasing used items, take a few moments and run a quick search on www.saferproducts.gov.  The site will give you recall and other technical information on the product you are contemplating purchasing.  It will also give you some piece of mind.   

As part of the purchase negotiations, ask for the owner’s manual to be provided with the product.  And while I know that most people do not relish reading an owner’s manual, take the time to do so to ensure you use the product correctly.  Trust me, if you are injured by the product, and a warning about the issue was detailed in the owner’s manual that you did not bother to read, your product liability claim is going to be undermined.  Not to mention, by reading the owner’s manual, you can often pick up a few handy tidbits about the product that you might not have otherwise been aware.  

Chapter Two of the cold snap in Middle Tennessee is here.  Many folks will use space heaters to ward off the cold.  If you do, check your make and model because the Consumer Product Safety Commission has announced Sears and Kmart have recalled 42,500 Kenmore oscillating fan heaters bearing model number 127.90914310.  The model number can be found on a silver sticker on the bottom of the heater.  The fans are being recalled due to reports of them smoking and catching fire. If you own one of these heaters, you should immediately discontinue use and return it to Kmart or Sears for a full refund.  

Defective products are all too common.  And when they harm innocent consumers, manufacturers should take all responsible steps including recalling the product and fairly compensating any injured customers for the harm caused by the defective product.  Unfortunately, that rarely happens.  So if you or a loved one has been seriously injured by a defective product and would like to discuss your product liability case, contact our award-winning attorneys online or call us at 615-742-4880 or toll-free at 866-812-8787 for a free, no-obligation consultation.  

After seventy-degree days and tornado warnings, we have finally hit a patch of chilly temperatures.  And so, many folks will use space heaters to ward off the cold.  If you use a space heater, here are some facts you should know (as published by the National Fire Protection Association): 

• Half of all home heating fires take place in December, January and February
• One-third of home heating fire are caused by space heaters (stationary or portable) 
• Eighty-one percent of all home-heating deaths are caused by space heaters.

If you use a space heater, here are some steps use should take to ensure the safety of you and your family: 

• Follow the manufacturer’s recommendations about proper use.
• Keep the heater at least three feet away from fabrics such as drapes and bedding.   The same rule applies to furniture and other combustible items 
• Do not allow pets or children to be near space heaters.
• Do not leave a space heater on while you sleep or if you are not in the immediate area. 
• Only use a space heater on a hard, non-flammable, level floor. 
• Only use kerosene (not gasoline) in a kerosene space heater. 
• Use a space heater that has been tested to the most current standards. 
• Ensure all smoke and carbon monoxide detectors have good batteries and are functioning properly. 

If defective, space heaters can cause serious burn injuries, wrongful death and significant property damage.  If you or a loved one has been injured due to a defective space heater, our award-winning lawyers are experienced with product liability claims and would be happy to sit down with you, review your case and explain your rights.    To schedule a free, no-obligation consultation, contact us online or call us at 615-742-4880 or toll-free at 866-812-8787