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
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Links on the Web
 Recalls RSS |
| Thu, 16 May 2013 13:30:00 GMT Powell Company Recalls Anywhere Lounger Bean Bag Chairs Due to Suffocation and Strangulation Hazards Bean bag chairs without a permanent zipper closure allow young children to unzip, ingest or inhale the small beads inside the bean bag chair. Click here to read this Hazardous Products news article. |
| Thu, 16 May 2013 11:30:00 GMT Avon Recalls Microwave Popcorn Maker Due to Burn and Fire Hazards; New Instructions Provided When cooked too long, the popcorn can overheat in the plastic popcorn maker and ignite. Click here to read this Hazardous Products news article. |
| Thu, 16 May 2013 10:30:00 GMT Deezo Children?s Hooded Sweatshirts with Drawstrings Recalled by Zulily Due to Strangulation Hazard The hoodies were sold with drawstrings, which pose a hazard to young children. Click here to read this Hazardous Products news article. |
| Wed, 15 May 2013 12:00:00 GMT Optimus Recalls Portable Electric Heaters Due to Fire Hazard The portable electric space heater's design can fail to prevent ignition of nearby combustible material. Click here to read this Hazardous Products news article. |
| Fri, 10 May 2013 15:00:00 GMT Meijer Recalls Touch Point Baseboard Convection Heaters Due to a Fire Hazard Touch Point-brand portable electric baseboard convection heaters with a model number of BBC-1500 can overheat. Click here to read this Hazardous Products news article. |
| Thu, 09 May 2013 13:00:00 GMT Toro Recalls Zero Turn Riding Mowers Due to Fire Hazard The idler pulley on Z Master mowers can rub against the fuel tank. This is the second recall of these lawn mowers. Click here to read this Hazardous Products news article. |
| Food and Drug Administration--Recalls Recall information from FDA |
| Sun, 16 Mar 2008 15:42:00 GMT Publix Issues Recall for Assorted Flavors of Empanadas (March 14) Publix Super Markets is issuing a voluntary recall on all codes of prepackaged 2 and 4-pack Apple, Pineapple and Pumpkin Empanadas sold in retail bakeries due to the undeclared milk ingredient. People who have an allergy or severe sensitivity to milk run the risk of serious or life-threatening allergic reaction if they consume these products. Click here to read this Hazardous Products news article. |
| Fri, 14 Mar 2008 17:48:00 GMT Slade Gorton and Co. Recalls Icybay Cooked Langostinos Because of Possible Health Risk (March 14) The product retails in one pound, clear plastic package marked with UPC 0-73129-61672-8 on the top and with an expiration date of June 2009 and is distributed under the brand name of "ICYBAY". The product also was distributed to wholesale accounts, also under the "ICYBAY" brand, in five pound clear plastic packages containing either 70-90 count, 90-125 count or 120-150 count. This recall involves production dates of July 18, 2007 through August 13, 2007 and/or Julian dates of 199 through 232. Click here to read this Hazardous Products news article. |
| Mon, 10 Mar 2008 21:58:00 GMT Alaz Fine Food Corp. Issues Alert on Undeclared Sulfites in Delta Brand Golden Raisins (March 6) ALAZ FINE FOOD CORP is recalling Delta brand Golden Raisins because it contains undeclared sulfites. People who have severe sensitivity to sulfites run the risk of serious or life-threatening reactions if they consume this product. Click here to read this Hazardous Products news article. |
| Mon, 10 Mar 2008 12:43:00 GMT The Hartz Mountain Corporation Recalls Vitamin Care for Cats Because of Possible Health Risk (March 7) The Hartz Mountain Corporation is voluntarily recalling a second specific lot of Hartz Vitamin Care for Cats due to concerns that bottles within the lot may have been potentially contaminated with Salmonella. Hartz is fully cooperating with the US Food and Drug Administration in this voluntary recall. Hartz recalled a specific lot code of Hartz Vitamin Care for Cats last November due to similar concerns. Both lot codes were manufactured for Hartz by UFAC (USA) Inc. in 2007, and were removed from distribution last November. However, bottles from the second lot had been shipped to customers prior to their having been removed from distribution. Click here to read this Hazardous Products news article. |
| Sat, 08 Mar 2008 13:44:00 GMT Algae Bloom Prompts DSHS to Close 3 Bays to Shellfish Harvesting, Issue Recall (March 7) The Texas Department of State Health Services (DSHS) has closed Aransas, Corpus Christi and Copano bays to shellfish harvesting and has issued a recall of oysters, clams and mussels because of an algae bloom. DSHS officials say high concentrations of the Dinophysis organism have been found in several locations in the area. The toxin produced by this algae bloom, okadaic acid, can accumulate in shellfish tissue and cause diarrhetic shellfish poisoning, or DSP, in people who consume oysters, clams or mussels. Cooking does not destroy the toxin. Click here to read this Hazardous Products news article. |
| Wed, 05 Mar 2008 14:42:00 GMT New BCN Trading Inc. Issues Allergy Alert on Undeclared Sulfites in Asian Boy Sweet Ginger (Feb. 11) New BCN Trading Inc. of South Plainfield, NJ is recalling 7 oz. plastic tubs of Asian Boy Brand Dried Ginger because the product contains undeclared sulfites. Consumers who have severe sensitivity to sulfites run the risk of serious or life threatening allergic reactions if they consume this product. No illnesses have been reported to date in connection with this product. The Asian Boy Brand Dried Ginger, a product of Vietnam, was distributed to retail stores in NJ, NY, FL, MD, VA, CT, MA, OH and PA in an uncoded 7 oz. plastic tub. Click here to read this Hazardous Products news article. |
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