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, 08 May 2008 16:45:00 GMT Baby Bottle and Food Warmers Recalled by Munchkin Due to Fire Hazard The bottle and food warmers can overheat, posing a fire hazard. Click here to read this Hazardous Products news article.

Thu, 08 May 2008 16:45:00 GMT American Honda Motor Co. Recalls ATVs Due to Loss of Steering Control The electric power steering shaft of the recalled ATVs could break unexpectedly, resulting in the rider's losing steering control. This poses a risk of injury or death to riders. Click here to read this Hazardous Products news article.

Thu, 08 May 2008 16:45:00 GMT Fingerhut Recalls Master Craft Pressure Washers Due to Fire Hazard The motor on the pressure washer can overheat, posing a fire hazard. Click here to read this Hazardous Products news article.

Tue, 06 May 2008 15:00:00 GMT TJ Power Sports Recalls Dune Buggies Due To Ejection Hazard The seat belt adjustment for the shoulder buckle can break during impact or stress, posing an ejection and injury hazard to driver and passenger. Click here to read this Hazardous Products news article.

Tue, 06 May 2008 15:00:00 GMT Playworld Systems Recalls Swing Sets Due to Fall Hazard Caused by Defective Clevises The clevis bearing on the swing set can wear, causing the swing to detach and the user to fall. Click here to read this Hazardous Products news article.

Tue, 06 May 2008 15:00:00 GMT Williamson-Thermoflo Gas Boilers Recalled Due to Carbon Monoxide Hazard If there is a leak in the vent piping, the recalled boilers can leak carbon monoxide (CO) into the buildings in which they are installed, posing a risk of CO poisoning. Click here to read this Hazardous Products news article.

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Food and Drug Administration--Recalls Recall information from FDA

Tue, 06 May 2008 23:30:00 GMT Blount Fine Foods Issues Allergy Alert On Undeclared Shrimp in All Natural New England Clam Chowder, 20 Oz Cup (May 6) Blount Fine Foods is recalling Blount All Natural New England Clam Chowder, Net Wt. 20 oz with Lot: 0424086D, Sell by date: 6/23/2008, because it may contain undeclared shrimp. People who have an allergy or severe sensitivity to shrimp run the risk of serious or life-threatening allergic reaction if they consume these products. The firm has recovered 1,400 of 1,416 units produced, 16 units are in distribution. Click here to read this Hazardous Products news article.

Tue, 06 May 2008 17:25:00 GMT Updated Press Release: Lezza Blue Raspberry Italian Ice Recalled The product is in round plastic pint containers with a lot code of 2116. Blue Raspberry is the flavor of the product. The product was distributed to retail outlets in Illinois, Wisconsin, Oklahoma, Texas, Michigan, Louisiana, Kansas, Indiana, Georgia, Florida, Ohio, Missouri, Kentucky, Nebraska, Pennsylvania, Arkansas, and Minnesota during 2006 and 2007. Click here to read this Hazardous Products news article.

Tue, 06 May 2008 11:25:00 GMT Hydrox Labs Issued a Voluntary Recall of Alcohol-Free Mouthwash Nationwide Distributed by Cardinal Health (May 2) Hydrox Labs has issued a voluntary recall of Cardinal Health labeled alcohol-free mouthwash. The mouthwash has been tested and been found positive for Burkholderia cepacia (B. cepacia). The CDC has confirmed hospital illnesses in one state associated with the use of the affected mouthwash. Click here to read this Hazardous Products news article.

Fri, 02 May 2008 21:33:00 GMT Little Bay Baking Company Issues Nationwide Allergy Alert On Undeclared Soy In Corn Bread And Muffin Mix in 12.6 Ounce White Paper Tin Tie Bag Package (May 2) Little Bay Baking Company of Newmarket, New Hampshire is recalling all bags of CORN BREAD AND MUFFIN MIX sold before May 2, 2008 because it contains undeclared soy. People who have an allergy or severe sensitivity to soy run the risk of serious or life-threatening allergic reaction if they consume these products. Click here to read this Hazardous Products news article.

Mon, 28 Apr 2008 14:50:00 GMT Lifetime Brands Voluntarily Recalls Certain Items Nationwide from its Pfaltzgraff Villa della Luna pattern and Nautica J Class pattern (Red Only) Stoneware Dinnerware Product Lines (April 28) Lifetime Brands, Inc., of Garden City, New York, today announced that, as a result of its internal compliance and independent product testing programs, it recently became aware that certain Pfaltzgraff Villa della Luna pattern and Nautica J Class pattern stoneware dinnerware products may exceed the Food and Drug Administration's guidance levels for lead and/or cadmium. Click here to read this Hazardous Products news article.

Mon, 28 Apr 2008 14:50:00 GMT Actavis Totowa (formerly known as Amide Pharmaceutical, Inc.) recalls all lots of Bertek and UDL Laboratories Digitek (digoxin tablets, USP) as precaution (April 25) Actavis Totowa LLC, a United States manufacturing division of the international generic pharmaceutical company Actavis Group, is initiating a Class I nationwide recall of Digitek (digoxin tablets, USP, all strengths) for oral use. The products are distributed by Mylan Pharmaceuticals Inc., under a "Bertek" label and by UDL Laboratories, Inc. under a "UDL" label. The voluntary all lot recall is due to the possibility that tablets with double the appropriate thickness may have been commercially released. These tablets may contain twice the approved level of active ingredient than it appropriate. Click here to read this Hazardous Products news article.

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NYT > Automobile Safety Features and Defects News about automobile safety features and defects, including commentary and archival articles published in The New York Times.

Friday 09th of May 2008 10:49:32 AM Huge Recall, but Many Cars Unfixed Hazardous Products news and personal injury law information. Click here to read this Hazardous Products news article.

Friday 09th of May 2008 10:49:32 AM 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.

Friday 09th of May 2008 10:49:32 AM 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.

Friday 09th of May 2008 10:49:32 AM 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.

Friday 09th of May 2008 10:49:32 AM 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.

Friday 09th of May 2008 10:49:32 AM ?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.

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