Articles Posted in Product Liability

 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

On December 11, 2013, Ikea recalled its wall-mounted lamps because the cords can be pulled into cribs creating a strangulation hazard. Tragically, a 16-month old child has died as result of strangulation from the cord and a 15-month old child was nearly strangled by the cord.

The lamps are designed for children and feature eight designs including a yellow moon, white flower, blue star, red heart, pink flower, green bug, orange seahorse and blue seashell. Nearly 3 million of the lamps were sold in the United States. 

If you own one of these lamps, stop using it immediately and contact IKEA for a free repair kit. Contact information for IKEA can be found on the Consumer Product Safety Commission’s site.   And if your child has been injured by one of these IKEA lamps, contact one of our experienced product liability lawyers for a free, no-obligation consultation about your case and your rights. Call 615-742-4880 or toll-free at 866-812-8787 or contact us online.

On December 3rd, the Consumer Product Safety Commission issued a recall for Crown Boiler home heating boilers. In the event of a blockage in the vent system, the air pressure switch on the gas-fired hot water boilers can fail allowing the hot water boiler to emit an excessive amount of carbon monoxide presenting a risk of poisoning.   The Consumer Product Safety Commission provides a list of all models affected by the recall.   If you own one of the recalled hot water boilers, you should immediately contact the retailer or the manufacturer for a free repair. While you wait for the repair to be performed, be sure to install a working carbon monoxide detector in your home.

Carbon monoxide poisoning claims the life of roughly 500 people a year. For those that survive, it can also cause serious brain injuries   At The Law Offices of John Day, P.C., our experienced attorneys understand the catastrophic effects carbon monoxide poisoning can have for the victim and the entire family. We handle all carbon-monoxide cases on a contingency basis which means we only get paid if we recover money for you.   If you would like us to review your case, answer your questions and explain your rights in a no-cost, no-obligation consultation, please contact us online or call us at 615-742-4880 or toll-free at 866-812-8787.