Articles Posted in Product Liability

The Wall Street Journal has published an opinion piece by a trial lawyer making the case for product liability trial attorneys who help keep manufacturers of defective products on their toes.

In the wake of the Toyota scandal, this much is clear. American consumers can expect little protection from agencies charged with the responsibility of keeping them safe. These agencies including the National Highway Traffic Safety Administration, the Consumer Product Safety Commission and the Food And Drug Administration are supposed to monitor defective products, and pressure companies to pull them off the market as soon as manufacturers become aware of such defects.

All that is in theory. In reality, these agencies battle a wide range of problems that include funding shortages, staffing crunches, agency infighting and disagreement, allegations of corruption, conflict of interest and other symptoms of malaise that limit their abilities to protect the American consumer.

The NHTSA has said that it will begin examining documents to see when the Toyota first found about the safety problem that has seriously eroded its credibility, damaged its reputation and has had product liability lawyers in Atlanta and around the country, criticizing the manner in which the automaker has handled the issue.If the new NHTSA probe does indeed reveal that Toyota was aware of auto defects contributing to unintended acceleration in its vehicles much before it announced a recall, then the company will be in more trouble than previously thought.

The agency will also look at how quickly Toyota acted to begin a recall after it found out about the problem.If the NHTSA finds that the company delayed informing federal regulators or failed to initiate an immediate recall, it could be fined penalties of up to $16.4 million. The NHTSA requires that any automaker that finds defects in its vehicles reports these to federal regulators within 5 days of finding a defect. The company must also act quickly to initiate a recall.

Toyota already had its credibility tarnished last year when one of its former lawyers alleged that the company concealed important documents during several of its product liability lawsuit proceedings.While those revelations had shocked Atlanta car accident lawyers then, they have taken on a new meaning in the light of the new unintended acceleration episodes that have emerged. If the NHTSA probe shows that the company delayed a recall, it will boost the credibility of the lawsuits that are beginning to stack up. It will also stress what trial lawyers in Atlanta have maintained all long – that in the face of the failure of the NHTSA, it falls on us to hold Toyota responsible for its failings.

Georgia Product Liability Lawyers Show You How to Shop for Safe Toys

The year’s biggest shopping season has begun, and millions of parents will be making the all-important decision – what to give the special little someone in your life. While choices are endless, there is always the question of safety.

For the last couple of years, there has been huge media and legislative attention on lead content in toys. The Consumer Product Safety Improvement Act set strict limits for lead paint on toys, and therefore, risks from lead contamination are now lower than they used to be. However, children continue to be at risk from toys with detachable parts, or sharp pointed parts that can pose penetration and choking hazards.

Ford Inflatable Seatbelt Systems Promise to Reduce Risk of Injuries

As Georgia car accident lawyers, we are constantly monitoring new auto safety technologies that promise to keep drivers and passengers safe in an accident. Ford Motor Company has now announced the development of new inflatable seatbelt systems that we believe could be the next big thing in auto safety.

According to Ford, it will equip new Ford Explorers that are due to go into production next year, with the inflatable seatbelts in the rear seats. During a crash, the belt inflates and fills up with cold compressed gas. The gas is released after several seconds through tiny pores in the belt.

A new report presented by a pediatric orthopedist at a pediatric conference in Washington is warning that newer models of child safety car seats, that double as baby carriers, may place children at a high risk of injuries. The risk comes from using the car safety seats outside the car. When these seats are placed on tables, counter tops, and soft surfaces like beds, the seats are likely to tip over injuring babies, and possibly suffocating them.

The report found that more than 8,700 babies suffer serious injuries every year when these car seats are used outside the car. Most injuries recorded in the study included head injuries, arm and leg fractures. The study looked at injuries that occurred between 2003 and 2007, and found that an estimated 680 babies a year suffered car seat injuries serious enough to require hospitalization. The researchers are calling for educating parents about the dangers posed when they use their car seats as baby carriers and baby beds, outside the car.

The use of car safety seats is estimated to have saved close to 9,000 lives over the past 30 years. However, the amount of time a baby spends in a car seat has also increased. Placing a baby in a car seat for long periods of time can also lead to the development of a condition called container syndrome, marked by weak muscles and a flat shape to the head.

Nestle SA has announced a recall of its Toll House cookie dough because of fears of E. coli contamination linked to dozens of cases of food poisoning nationwide. About 47 varieties of the cookie dough have been included in the recall.

The Food and Drug Administration has warned consumers not to eat Toll House refrigerated and prepackaged cookie dough because of the risk of E coli contamination. The agency has asked consumers who may have any of the pre packaged cookie dough to throw these away. Consumers have been advised that they could face the risk of food poisoning even if they cook the dough, because the bacteria might be transmitted to their hands and cooking surfaces. According to the FDA notice, the contamination was exposed in a study conducted by the Centers for Disease Control and Prevention as well as state and local health departments.

So far, there have been 66 reports of illnesses from 29 states since March this year. 25 persons have been hospitalized and seven of these had suffered a complication called Hemolytic Uremic Syndrome [HUS] which can end in kidney damage and even death.

The father of a boy who was injured when his Crocs shoes got caught in an escalator at an Atlanta Airport has filed a lawsuit against the company. The father Clark Meyer, is claiming $2 million in damages for injuries suffered by his son, identified only as “AM”.

According to the lawsuit, Meyer’s son was “severely and permanently injured” in the accident on July 15^th last year. On that day, the boy’s foot was snagged on an escalator at Hartsfield Jackson International Airport. The boy who was four years old at that time suffered at least three broken toes and cuts. In the lawsuit, Meyer alleges that the company was aware of the dangers to children wearing the popular Crocs shoes in 2005, but that didn’t stop the company from marketing the shoes targeting young children.

It is the second such lawsuit filed in Atlanta in 2005 involving children and escalator injuries linked to the popular shoes. Crocs meanwhile has denied that the shoes cause any injuries.  The company blames faulty escalator design and the parents for the injuries suffered by children who wear their shoes.

Toymaker Mattel has agreed to pay $2.3 million to settle allegations that it imported and distributed toys that contained lead levels in paints that were in excess of federal standards.

The Consumer Product Safety Commission announced the penalties, the highest ever for importation and distribution regulation violations by the agency, on its website. Mattel and its subsidiary Fisher Price, have been charged with importing toy that contained lead levels that were higher than the .06 percent by weight, mandated by federal laws. Mattel was charged with importing 900,000 toys that were non compliant with the standard, while Fisher Price, according to CPSC allegations imported more than 1.1 million toys that did not comply with those safety standards. With the fines, Mattel has put those allegations to rest.

The lead toy recall crisis of 2007 has had several positive effects – Congress moved to equip the generally-regarded-as toothless CPSC with more powers to prevent such crises. This led to the implementation of the Consumer Product Safety Improvement Act, which sets standards for lead in children’s products including toys, among other standards.

After Bausch & Lomb Inc. went private in 2007, the contact lens maker conducted a quiet recall of its ReNu with MoistureLoc solutions, without much fuss and away from the public glare.

As it now turns out, the company also quietly settled nearly 600 product liability lawsuits brought against it by contact lens wearers across the country, who contracted a fungal eye infection called Fusarium Keritatis. These persons claimed that the infection, which left some of them with permanent eye damage, was the result of using the ReNu with MoistureLoc multi purpose solution. Fusarium Keratitis is an extremely rare infection which means that when these cases of infection began to show up in 2005, ophthalmologists were not able to diagnose the infection correctly and treat it properly. As the result, 60 people suffered enough eye damage to require a cornea transplant, and at least 7 people lost an eye.

Several of these injured users have had their lives impacted dramatically by the infection. One race car driver in Colorado had to give up his passion for racing after he suffered severe eye damage. A Broadway actress who suffered scarring in her eye was also one of those who filed a product liability lawsuit against the company.