Defective Products Law in the News
2006 has been a year of large scale recalls. Manufacturing and agricultural errors have caused products to be placed on the market that were literally putting lives at risk.
Sony Laptop Batteries: Sony said last week that about 9.6 million lithium-ion batteries, manufactured between August 2003 through February this year, are being recalled worldwide after reports of some computers using the Sony battery packs overheating and bursting into flames.
Tainted Spinach: Federal food safety agents recalled bagged spinach traced to a batch processed at the San Juan Bautista plant of Natural Selection Foods LLC, which packages spinach under 34 brand names including Dole, the brand eaten by many of the sickened people. Test results found the same strain of the deadly E. coli bacteria in cow manure at a cattle ranch near a Salinas Valley spinach farm earlier this month, but it's still unclear how the pathogen traveled to the plants.
Acetaminophen Recall:The recall affects 11 million bottles containing varying quantities of 500-milligram acetaminophen caplets made by the Perrigo Co. The pills were sold under store brands by Wal-Mart, CVS, Safeway and more than 120 other major retailers, the Food and Drug Administration said. At least two chains -- CVS Corp. and SuperValu Inc. -- started pulling the pills from store shelves.
From Merriam-Webster:
Risk
Function: noun
Etymology: French risque, from Italian risco
1 : possibility of loss or injury : PERIL
2 : someone or something that creates or suggests a hazard There are situations in which the use of the word “risk” is entirely appropriate. For instance, if one of your hobbies happens to be mountain climbing or sky diving, then it could be said with certainty that you are engaging in risky behavior. If you find yourself in Las Vegas, and are placing a large wager at the gaming tables, there is certainly a possibility of loss. Again, the word “risk” is an accurate description of your actions. These are examples of actions in which someone can engage in risky behavior of their own free will, knowing that there could be consequences and continuing on regardless. But the word “risk” does not and should not enter the equation when someone is walking the aisles of a hardware store, or buying a new car. Purchasing a lamp, blender, or toy for your child should not be a situation where you are putting your own safety in jeopardy. For thousands of Americans, this is the predicament that they are unknowingly placing themselves in, and the results are often disastrous. Products Liability Manufacturers of products are required to meet certain safety standards to protect consumers. If an appliance, car part, or hardware product fails, and does so in a way that could be dangerous to the user, manufacturers can be held liable for the injuries that result. Most consumers are used to their products working correctly, and most consumers could not imagine a scenario where something as innocuous as a blanket or baby carriage could put the lives or their loved ones at risk. The truth is that this happens more often than you would think. The Consumer Product Safety Commission is a federal agency dedicated to ensuring that products placed on the market in the United States are safe for use and pose no unintended hazard to those who purchase them. As of this writing (July of 2006), the CPSC has announced recalls for fourteen separate products. Items that were recalled included radial saws with blades that can detach during use, office chairs with legs and backs that break, and scented candles that can unexpectedly flare up during use. Also mentioned in July’s list of dangerous products is a notice that Family Dollar, Inc. paid a $100,000 fine for failing to report problems with a brand of electric blanket that was being sold in its store. The blanket, of which approximately 9,000 were sold, allegedly received upwards of 40 complaints involving scorching, smoke, minor skin burns, and even fire damage. While receiving $100,000 is all well and good for the Consumer Product Safety Commission (and certainly no big loss for Family Dollar,) there should be some concern for the 40 people who could have conceivably had their homes burnt to the ground or worse. It is here that product liability law is a crucial aspect of consumer safety. Laws exist that allow consumers who have been injured through the correct and ordinary use of products to seek damages from those who design, manufacture or market those products. Causes of Product Liability The process of getting a product on the market is usually a lengthy one, with several different participants involved in the design, manufacture, marketing and eventual sale of the product in question. A product may be designed in Baltimore, manufactured in St. Louis, marketed by a firm in New York, and sold in stores all over the world. The key in discovering culpability in a product liability case is finding the weak link in the chain. Defective Designs Defective designs are flaws in the design of a product that makes it unduly dangerous. Design defects occur when the engineering or design process used by a company to design a product is faulty, resulting in a product that is unnecessarily dangerous. With a design defect, all of the items that come off a company's assembly line have the same defect, so the damage has a tendency to be more widespread. Manufactured Improperly When a product is manufactured improperly, it was not manufactured as designed. There may be nothing wrong with the overall design of the product; but it may have become flawed during assembly. Products that were manufactured improperly are normally much easier to prove because the manufacturer’s own designs can be used to show that the product is defective. This can often happen with auto parts, which are often manufactured at different plants and then shipped to a central facility for integration with the rest of the car. Marketing Defects Marketing defects take place when a product is improperly labeled, comes with unclear or incomplete instructions, and/or does not warn consumers about a products hidden danger. Legal action is often taken against pharmaceutical companies for this reason, as shown in the case of Vioxx, which led to strokes and heart attacks in several of its users, and Zometa, which led to several cases of osteonecrosis of the jaw. Nichols Zauzig: Advocating Protection and Justice for Consumers The Nichols-Zauzig Litigation Group is a vigilant watch dog for consumer advocacy. We believe strongly in the concept of free market enterprise, and we respect the right of manufacturers to make a profit from their wares. However, when a product is released on the market without sufficient testing and risk assessment, or without fully disclosing the findings of their tests, all bets are off. At that point, the manufacturer has broken a solemn pact between seller and consumer, and owes an explanation to its consumers in the form of a settlement or award. If you or a family member has suffered an injury, severe illness or wrongful death due to the failure or malfunction of a vehicle, adverse reaction to a pharmaceutical or health product, or the failure or malfunction of construction, yard or farm equipment, be sure to contact a personal injury attorney that specializes in products liability. By contacting Nichols-Zauzig, you can rest assured that we stay apprised of the latest developments in products liability and defective product law. We know the questions to ask and who to ask those questions in determining if you have a products liability case. If we determine that you have a case, we'll work hard to obtain justice against all negligent parties. If you or a loved one has been involved in an accident involving faulty equipment or a dangerous product, contact our offices for a free legal consultation.
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