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

Thu, 03 Jul 2008 19:15:00 GMT Black Cat Fireworks Recalls Fireworks Due to Injury Hazard The firework can produce a loud bang and unexpectedly scatter debris, posing an injury hazard to the user and bystanders. Click here to read this Hazardous Products news article.

Thu, 03 Jul 2008 17:15:00 GMT Children's Jewelry Recalled by Bead Bazaar USA Due to Risk of Lead Exposure The children's jewelry could contain high levels of lead. Lead is toxic if ingested by young children and can cause adverse health effects. Click here to read this Hazardous Products news article.

Thu, 03 Jul 2008 17:15:00 GMT Bayside Furnishings Recalls Youth Bed Toy Chests Sold at Costco After the Death of a 22-Month-Old Child The lid supports on the toy chests fail to prevent the lid from closing too quickly, posing an entrapment and strangulation hazard to young children. Click here to read this Hazardous Products news article.

Thu, 03 Jul 2008 17:15:00 GMT Fireworks Over America Recalls Fireworks Due to Shock Hazard The parachutes can become entangled in overhead power lines causing a shock hazard to users and bystanders. Click here to read this Hazardous Products news article.

Thu, 03 Jul 2008 17:15:00 GMT Outdoor Canopies Sold Exclusively at BJ's Wholesale Club Recalled by Wanda Technology Due to Fire Hazard The canopies fail to comply with a voluntary flammability standard could pose a fire hazard to consumers. Click here to read this Hazardous Products news article.

Wed, 02 Jul 2008 15:00:00 GMT Hayes Bicycle Group Recalls Quick-Release Devices for Bicycles Due To Fall Hazard The quick release devices can unexpectedly fail or break when locked in position on the bicycle, causing the rider to lose control, which poses a serious fall hazard. Click here to read this Hazardous Products news article.

Click here for archived Hazardous Products news.

Food and Drug Administration--Recalls Recall information from FDA

Wed, 02 Jul 2008 18:11:00 GMT Jack Distribution, LLC. Issues a Voluntary Nationwide Recall of Select Lots of Rize 2 The Occasion Capsules and Rose 4 Her Capsules (July 1) Jack Distribution, LLC, and its wholesale distributors G and N Works, Inc., and Devine Distribution, Inc., announced today that they are conducting a voluntary nationwide recall of the following lot numbers of the company's supplement products sold under the brand names Rize 2 The Occasion and Rose 4 Her. (Rize 2 lot numbers CG-84 expires 11/10, GD-98 expires 08/10, CC-06 expires 06/10, 709 expires 09/10, CG-79 expires 11/10) (Rose 4 Her lot number CG-78 expires 11/10). Click here to read this Hazardous Products news article.

Mon, 30 Jun 2008 20:32:00 GMT Sage Products Inc. Issues Voluntary Recall of 2% Chlorhexidine Gluconate Cloth Patient Preoperative Skin Preparation (June 27) As a precautionary measure, Sage Products announced a voluntary recall of limited lots of 2 Percent Chlorhexidine Gluconate (CHG) Cloth Patient Preoperative Skin Preparation product. Testing of bulk 2 Percent CHG solution from an outside supplier was found positive for Burkholderia cepacia (B. cepacia). Click here to read this Hazardous Products news article.

Mon, 30 Jun 2008 12:35:00 GMT Giant Food Alerts Customers to Voluntary Recall of Giant Brand Garlic Bread and Garlic Spread (June 27) Giant Food has announced a voluntary recall of Giant brand garlic bread and garlic spread products sold in its Bakeshop as the items contain milk products which are not declared on the labels. Giant removed from its shelves all 16 ounce packages of Giant brand garlic bread and all 16 ounce packages of Giant brand garlic spread products. Click here to read this Hazardous Products news article.

Mon, 30 Jun 2008 12:35:00 GMT Stop and Shop Alerts Customers to Voluntary Recall of Stop and Shop Brand Garlic Bread and Garlic Spread (June 27) The Stop and Shop Supermarket Company has announced a voluntary recall of Stop and Shop brand garlic bread and garlic spread products sold in its Bakeshop as the items contain milk products which are not declared on the labels. Stop and Shop removed from its shelves all 16 ounce and 9 ounce packages of Stop and Shop brand garlic bread and all 16 ounce packages of Stop and Shop brand garlic spread products. Click here to read this Hazardous Products news article.

Thu, 26 Jun 2008 12:05:00 GMT Bay Valley Foods Issues Allergy Alert on Undeclared Milk in Mislabeled Kroger Chicken Noodle Soup (June 24) The recalled product, Kroger Chicken Noodle Soup, comes in 10.5 ounce cans and is marked with lot code 52104098, and a "best before" date code of 40910 (April 9, 2010) that can be found on the bottom of the can. Consumers are urged to return the product to the store where it was purchased for a full refund. Click here to read this Hazardous Products news article.

Thu, 26 Jun 2008 11:08:00 GMT Matterhorn Group Inc. Announces Voluntary Recall of Astro Pops and Missile Pops 3.5 oz Cherry Pineapple Frozen Novelty Pops in Arizona, Nevada and California due to Safety Hazard (June 18) Matterhorn Group Inc is recalling certain date coded product of their Rainbow Glacier "Astro Pops" water ice frozen novelty pops, Cherry Pineapple Swirl 3.5 oz size 12 count bag pack, with tag closure "Best by JUN 03-09", "Best by JUN 04-09" and "Best by JUN 05-09" sold through the Wal-Mart stores located in California and Arizona, Sunnyside Farms "Missile Pops" Cherry Pineapple in 3.5 oz. size 12 count bag packages, with tag closure of "Best By JUN 02-09", "Best by JUN 03-09", and "Best by JUN 04-09" sold through the California stores of grocery retailers Save Mart and Raley?s, and Vitafreze Frozen Astronot Pops 3.5 oz size 12 count bag packages, with tag closure of "Best By JUN 02-09" sold in California. The products are being recalled because they may contain pieces of hard plastic. Only the noted product date codes listed are affected. Click here to read this Hazardous Products news article.

Click here for archived Hazardous Products news.

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 08th of July 2008 10:39:26 PM Huge Recall, but Many Cars Unfixed Hazardous Products news and personal injury law information. Click here to read this Hazardous Products news article.

Tuesday 08th of July 2008 10:39:26 PM Tiny Saves Gas, but Big Can Save Lives Hazardous Products news and personal injury law information. Click here to read this Hazardous Products news article.

Tuesday 08th of July 2008 10:39:26 PM Is It Fixed? How to Check How does a shopper know if the problem has been fixed, or even if there was a recall on the car in the first place? Click here to read this Hazardous Products news article.

Tuesday 08th of July 2008 10:39:26 PM Making It Safer to Back Up New legislation will make it easier to get rear-view cameras. Click here to read this Hazardous Products news article.

Tuesday 08th of July 2008 10:39:26 PM Ford Displays a Wreck to Score Safety Points Hazardous Products news and personal injury law information. Click here to read this Hazardous Products news article.

Tuesday 08th of July 2008 10:39:26 PM ?Catastrophic? Failure Leads to Seat Recall The government insisted on a recall of child safety seats even though there is no standard that specifies how well such seats must protect children in a side crash. Click here to read this Hazardous Products news article.

Click here for archived Hazardous Products news.