Defective Products

December 16, 2013

Defective Toys Pose a Serious Risk During The Holiday Season

As Christmas approaches, you might find yourself rushing to the nearest toy store to find the perfect gift for a child in your life. However, before you walk out of the store with your purchase, you want to make sure that the toy on the child’s wish list isn’t a hazard. Each year, thousands of children are treated at emergency rooms for injuries caused by toys. Hundreds of toys are also recalled every year because of safety issues. When you buy a toy for a child, you should pay special attention to what you are purchasing, including the recommended age and any warnings. Remember that young children are particularly at risk of asphyxiation caused by toys with small, detachable parts. Toys with easily accessible batteries or magnets are also choking hazards for young children. Plastic or glass toys that break easily can cause injuries as well. Flammable materials, toxic substances, and sharp edges are all examples of poor design that puts your child at risk. Adhere to the manufacturers’ warnings and instructions, and provide supervision when necessary. You can also check annual reports, such as “Trouble in Toyland”, for a list of toys that could be dangerous for children. Though you should do everything you can to ensure the child’s safety, ultimately, it is the product manufactures designers, distributors, and sellers who are responsible for the toy.

Under Massachusetts product liability laws, these parties have the duty of creating and distri buting safe products. They are also responsible for providing a warning of the toy’s dangers if any exist. Product liability laws cover three kinds of product defects: flawed product design, when a toy is improperly designed; manufacturing process error, when the toy is manufactured differently than it was designed; and marketing defect, when a toy does not have the proper instructions or warnings for its safe operation. Even when none of these defects apply, products liability law holds manufactures and sellers liable if a product is dangerous or defective enough to cause injury or death.
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October 25, 2013

Toyota to Pay $3M Verdict in Sudden Unintended Acceleration Lawsuit

by Altman & Altman

Did the electronic throttle-control system of a 2005 Toyota Camry cause the vehicle to accelerate suddenly, seriously injuring one elderly woman while killing another? A jury in this latest sudden unintended acceleration case to go to court decided that that the automaker was liable and awarded $3M in compensatory damages to the plaintiffs-$1.5M to 76-year-old driver Jean Bookout for her serious injuries, the other $1.5M to the family of passenger Barbara Schwartz who died in the 2007 crash. Despite disagreeing with the ruling, Toyota then settled over punitive damages before a verdict on that could be reached.

Bookout claims her Camry accelerated suddenly before crashing into an embankment. Toyota, however, said there was no problem with the auto’s computer system and testing hasn’t showed any evidence of this safety problem impacting its cars. The auto manufacturer argued that driver error is what caused the catastrophic crash and that Booker mistakenly stepped on the gas pedal instead of the brake.

Sudden acceleration lawyers claim that the number of such incidents reported rose after Toyota started installing the ETCS-i system in its cars. The system lets the engine throttle be controlled not mechanically but electronically. A sensor is supposed to emit signals that gauge to what extent a gas pedal is depressed. The information is sent to a computer model that is supposed to open and close the throttle. Auto defects attorneys, however, claim that electronic signals other than the vehicle’s can impact the throttle.

September 16, 2013

Millions of Dehumidifiers Recalled Because of Fire Hazard

by Altman & Altman

More than 2 million dehumidifiers have been recalled throughout the United States and Canada after reports have surfaced of fires and property damage caused by certain models produced by Gree Electric Appliances.

According to the United States Consumer Product Safety Commission, 12 brands of humidifiers, all manufactured by Gree Electric Appliances of China, were voluntarily recalled because of their potential to overheat, smoke, and/or catch fire. Thus far, the CPSC has estimated there has been about $2M in property damage caused by these dehumidifiers.

The models involved in the recall include 20-, 25-, 30-, 40-, 50-, 65-, and 70-pint dehumidifiers with the brand names Danby, De’Longhi, Fedders, Fellini, Frigidaire, Gree, Kenmore, Norpole, Premiere, Seabreeze, Soleus Air, and SuperClima. An estimated total of 2.2 million dehumidifiers were sold to consumers in the United States, and approximately 52,500 were sold in Canada. Consumers who own any of these models have been advised by Gree and the CPSC to immediately turn off and unplug the appliance and contact Gree for a full refund.

Fire%20Damage1LARGE.jpg Product manufacturers, designers, distributors, wholesalers, and sellers are liable for making sure that their consumer products are not only manufactured correctly, but are safe for consumption or use. The scope of those injured or killed by consumer products is overwhelming; and the CPSC estimates that tens of thousands of people fall victim to various types of faulty consumer products each year-from children’s toys to automobiles to household appliances. When merchants fail to fulfill this obligation, and someone is seriously injured or is killed, the injured victims and their family members are entitled to file a claim against responsible parties.

There are three kinds of product defects covered under products liability law including flawed product design, manufacturing process error, and lastly, marketing defects. A design defect is a defect that is inherent to the product itself, which makes the product unsafe for its intended use. Though the product may have been produced and marketed the way it was intended, it may have been designed improperly. In most instances with these types of cases, the manufacturer could have potentially used a safer design to avoid any foreseeable risks associated with the product. In the instance with Gree Electric, Gree ultimately bares the responsibility for manufacturing and selling a flawed product. Their product is a fire hazard and is prone to cause serious property damage, personal injury, or death.
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August 19, 2013

Massachusetts Man and Child Injured After Jet Ski Blows Apart on New Hampshire Lake

by Altman & Altman

A Massachusetts man and his young niece were hurt Sunday afternoon when a jet ski they were riding on in Lake Winnipesaukee, New Hampshire, blew apart.

According to Marine Patrol, who responded to the incident, the man broke his pelvis and the child, 8, suffered a laceration to her head. Both victims were taken to an area hospital for treatment. Marine Patrol officials are still investigating what may have caused the incident with the watercraft, but were able to put the jet ski back together when they arrived on scene.

Watercraft and motorboat incidents happen all the time for a variety of reasons. While human error is usually to blame, people do not often think about the mechanical dangers of watercraft and boats, and often these mechanical failures blindside victims. What may start out as a fun day out on the water, can end in tragedy. When a jet ski accident does occur, the machine itself must be thoroughly inspected. Investigators often cite mechanical errors, design flaws, or other safety malfunctions as the causes of many of these types of crashes. Some of these types of safety issues may include complications with the propeller, gross overpowering or issues with the throttle, as well as issues with the fuel line.

Common Injuries Resulting from Jet Ski Accident

The most common types of injuries include:

• Broken bones • Brain injuries • Burns • Damaged ear drums • Dislocations • Serious neck and back injuries
• Spinal cord injuries
Who Is Responsible for My Injuries?

If you were involved in any type of watercraft incident, whether it was a motorboat accident or jet-ski accident, and you believe it was the result of defective design or malfunction, you may be eligible for compensation. Product manufacturers, distributors, wholesalers, and private sellers are supposed to guarantee that the products they are selling are safe for consumers’ use. When they fail to fulfill their obligations, and consumers are seriously injured or killed as a result of this failure, the injured victim and his or her family may file for damages against the liable party or parties.
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August 16, 2013

7-Month-Old Boy Dies After Ingesting Laundry Detergent Pod

by Altman & Altman

Several months ago, our Boston injury lawyer blog posted a story about a recent alert put out about by the Consumer Product Safety Commission warning that single-load liquid laundry packets are toxic for kids-especially because their gel-like tiny packets tend to be soft and colorful, making them attractive to young children, who tend to be easily prone to putting tiny objects in their mouth.

Now comes a report that a 7-month-old boy has died after eating one of these laundry packets and an investigation into the incident is ongoing. According to the Orlando Sentinel, the ingestion accident took place in a battered women’s shelter. It is not known at this time whether ingestion of the detergent caused the baby’s death. If it is, this would be the first reported poisoning death involving these pods.

The American Association of Poison Control reports that already this year there have been 5,753 kids under the age of sick that have gotten sick from ingesting laundry detergent packets. The pods are the right size for putting in the mouth and can puncture easily, potentially causing serious side effects even if the detergent just makes contact with the eyes or skin. Serious side effects have included vomiting, breathing problems, drowsiness, eye irritation, temporary vision, ocular burns, and diarrhea. Many of the laundry detergent brands that make these detergent pods don’t package them in childproof containers, which means that if a child gets to one of these containers while unsupervised, he/she can easily open one up and touch the pods and/or put it in the mouth, thinking it is a toy, candy, or an object to teeth on.

August 13, 2013

Baseball Fan Dies after Fall at Georgia Stadium

by Altman & Altman

A baseball fan died last night after falling nearly 70 feet from the upper-deck at Turner Field in Atlanta.

The incident involving a 30-year old Georgia man occurred around 8:55 p.m. Monday night. Investigators are unsure of why the man fell but believe that the fall was accidental. They have not said whether alcohol was a factor in the fall.

This is the second death at a Georgia sports stadium since last year. Last August a Tennessee fan died after he fell 45 feet at the Georgia Dome during a college football game between Tennessee and North Carolina State.

When incidents like this occur, the first questions people usually ask are “Why did this happen?” and “Who is responsible?” People are also concerned about how the incident could have been prevented and how future similar incidents could be prevented. Referring back to an earlier blog we posted about fan injuries in stadiums, there are several things that can explain the legal responsibility a stadium owner has to a fan that has been injured while at the vicinity.

Owners and managing companies of these large stadiums are fully aware of the types of risks posed to individuals who visit their establishments, and often tickets to sporting events or concerts are printed with a disclaimer and assumption of potential risk statement. These statements essentially mean that by purchasing the ticket, the guest understands the risk for injury and assumes responsibility should he or she be injured at the stadium. The statements also relieve the stadium’s owners or managers from assuming legal liability for the injured person.

In addition to the disclaimer on tickets, venues that regularly host sporting events are outfitted with protective equipment to prevent spectator injury. At Fenway Park for example, there is a protective net behind home plate and surrounding sections to protect fans from wild pitches and foul balls. And at the Bruin’s home ice rink at the TD Garden, there is protective glass as well as netting surrounding the ice to shield spectators from flying hockey pucks.
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July 23, 2013

FDA Warns Consumers of the Dangers of Wearing Spray Sunscreen Near Open Flame

by Altman & Altman

Spray sunscreens are widely admired for their easy application for people on the go, especially those with small children. Though their convenience may put them in a category above traditional lotion sunscreens, sprays come with a significant safety risk. The Food and Drug Administration has found that many of these products contain flammable materials and have the potential to cause significant burns to consumers who wear them near open flames. To date, the FDA is aware of five separate instances where people have suffered burns while wearing spray sunscreen that were so severe that they required medical attention. All of these victims, according to the FDA, were exposed to some sort of open flame (lighting a cigarette, grilling, and contact with a candle) after the sunscreen had been applied.

One company, Energizer, has voluntarily recalled over 20 of its Banana Boat spray sunscreen products because of this safety concern. In their press release, Energizer stated that the delivery spray system dispenses more sunscreen compared to other similar products and does not dry as fast on the skin, and therefore increases the risk for the product to ignite should a consumer come into contact with a flame. Energizer is currently the only manufacturer who has voluntarily taken its products off the market however the FDA is warning consumers that many other spray sunscreen products contain flammable properties such as alcohols that could ignite if exposed to heat and flame.

According to the FDA, consumers should take the following safety precautions to prevent injury from sunscreen:

• When choosing a sunscreen, think about where you will be applying it. If you plan to be near an open flame, avoid products that have a flammability warning and choose a non-flammable sunscreen product. Be especially aware of what type of sunscreen you’re choosing for your child.
• While applying or wearing a sunscreen that is labeled “Flammable” avoid exposure to flames and do not apply these flammable products near an open flame; avoid lighting cigarettes, grilling, candles, or sparking materials.
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July 3, 2013

New England Woman Awarded $43.1 Million Settlement in Products Liability Case against Car Seat Manufacturer

by Altman & Altman

A Vermont woman, who was paralyzed during a car accident six years ago, was awarded $43.1 million by a jury last week in a case against car seat manufacturer, Johnson Controls, Inc.

Dzemilia Heco, 51, was left quadriplegic when the 2000 Dodge Neon she was driving was rear-ended in August, 2007. The driver’s seat, which was manufactured by Johnson Controls, Inc., collapsed, causing Heco to suffer from severe spinal-cord injuries.

Heco’s lawyer, Bob Langdon explained that because of the extent of Heco’s injuries, she will require around-the-clock care for the rest of her life. The jury award included over $600,000 for past medical bills, $26.2 million for anticipated future medical bills and health care expenses, $355,000 for past lost income, $1.2 million for future lost income, and $14.3 million for pain and suffering.

More than 2 million people are injured and over 30,000 people are killed in automobile accidents each year in the United States, according to the National Highway Traffic Safety Administration. Most people do not consider the dangers of driving in automobiles yet defective auto components and parts can play a significant role into the seriousness of injuries during an accident. Because car accidents are so common, car manufacturers have an ethical and legal responsibility to make sure that the cars they manufacture are safe to drive and able to protect drivers and passengers during an accident. When auto manufacturers fail to produce products that meet reasonable safety standards, they may be subject to liability.

Common examples of defective automobile parts may include: seat belt failure, seat back failure, door latch defects, brake defects, occupant ejections, defective airbags and airbag failure, unintended acceleration, SUV rollovers, steering defects, defective tires and tire blow outs, exploding gas tanks, and crushed roofs. One of the largest and widely publicized defective automobile cases involved Toyota Motor Company, when people began reporting their cars accelerating out of control. Though Toyota quickly shifted the blame away from its manufacturing practices, ultimately the company paid out millions of dollars in damages to individuals and their families who had been injured or killed as a result of Toyota’s mistake.
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June 17, 2013

AAA Says Hands-Free Calling & Texting Devices Don’t Prevent Boston Distracted Driving Accidents

by Altman & Altman

According to the AAA Foundation for Traffic Safety, sending and reading text messages with a hands-free devices or talking on a cell phone without using your hands while driving are no less distracting than doing these activities manually. The AAA’s study comes as voice-activated technologies that let people talk, text, and Facebook while driving continue to grow in popularity. This is the most comprehensive study of its kind to date. In Massachusetts, please contact our Boston injury lawyers if you believe that your car crash injuries or a loved one’s death was caused by a negligent driver.

Per the study, which sought to gauge how mental or cognitive distraction affect driving, even these hands-free devices don’t take away the mental distraction that can arise from engaging in so many other activities while operating a motor vehicle. As the mind becomes more distracted, the brain’s reaction capabilities slow down, as does its ability to detect vital cues on the road, including pedestrians and stop signs.

These findings are important for hands-free device manufacturers and also makers to know so that they can make sure that consumers don’t end up thinking that these types of products make it safer to text and talk while driving. AAA CEO Robert Darbelnet even called the surge in hands-free technology a “public safety crisis” just waiting to happen.

April 16, 2013

FDA Chastised For Failing to Go After New England Compounding Center Years Before the Deadly Meningitis Outbreak

by Altman & Altman

Republicans and Democrats in the US House say that the US Food and Drug Administration failed to better police compounding pharmacies prior to the deadly meningitis outbreak that killed over 50 people and afflicted more than 700 others with the virus, spinal infections, joint infections, stroke, and other health issues. Many of the victims still don’t know if they will ever fully recover, and their medical bills have been racking up in the tens of thousands of dollars. The approximately 17,000 tainted vials of methylprednisolone acetate came from the New England Compounding Center (NECC), which is located in Framingham, Massachusetts.

Already, dozens of products liability, drug injury, wrongful death, and dangerous drug lawsuits have been filed by victims and their families seeking to recover compensation for their health issues or the deaths of loved ones. In Massachusetts, contact our Boston personal injury lawyers at Altman & Altman to find out if you have grounds for a case. In addition to drug defect claims, you also may have reason to pursue medical malpractice damages from the doctor and/or medical facility that administered the contaminated steroid injections.

According to lawmakers, the FDA should have been doing more to police compounding pharmacies, including shutting down the NECC before the outbreak happened. Reportedly, it had received numerous complaints from hospitals, patients, doctors, anonymous whistleblowers, and state pharmacy regulators about the pharmacy over a nearly 10-year period.