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Recent Posts in Product Liability Category

  • Product Warning Labels: What Do They Have to Include?

    For product labels, what the law requires manufacturers to label comes down to the specific product being marketed: Electronics and medical devices follow different guidelines than consumer products sold in bulk and imported goods. When it comes to associated risks, every product — no matter what category it falls into — is mandated to have a warning label specifying what dangers it poses to ...
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  • Is Robotic Surgery Safe?

    Yes and no. Robotically-assisted surgery is FDA-approved for certain procedures, but the U.S. Food and Drug Administration cautions doctors and patients alike against using surgical robots for others. Hospitals often oversell the benefits of robotic surgery and downplay the drawbacks. Aggressive marketing can make an institution seem high-tech and entice patients into robotic surgery, but most ...
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  • OxyContin Heiress Purchases $3M Mansion

    While families around the country reel from the effects of the opioid crisis, the Sackler family, who invented and made much of its fortune off OxyContin, continues to thrive. Just this month, OxyContin Heiress Madeleine Sackler paid $3,235,000 in cash for a luxurious Mediterranean villa-style home in a popular Los Angeles neighborhood. Meanwhile, another member of the Sackler family profited from ...
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  • Beware of Unsafe Toys for Sale on Popular Websites

    ‘Tis the season for holiday shopping, but parents should be extra mindful of what toys they are buying for their children this winter. A report from the BBC has revealed a number of unsafe toys for sale on popular sites like Amazon and eBay. Safety risks included high levels of chemicals, too much lead, and the chance of intestinal blockage. Not Enough Regulation Under current laws, online ...
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  • HP Recalling More Laptop Batteries Over Fire & Burn Concerns

    HP will continue to recall laptop batteries after the U.S. Consumer Product Safety Commission (CPSC) found that some HP laptops still contain malfunctioning batteries that cause “fire and burn” damage. The CPSC website states that “HP has received eight new reports of battery packs in the US overheating, melting, or charring, including one report of minor injury and two reports of property damage ...
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  • J&J Claims They Had No Idea About Asbestos in Baby Powder, Despite Facing Lawsuits and Losing Billions in Market Value

    Johnson & Johnson lost $39.8 billion in market value last month , after a report from Reuters claimed that the company knew for decades that its Baby Powder and other products contained asbestos. Although J&J has refuted the story , calling it “one-sided, false and inflammatory,” that didn’t stop the company’s shares from dropping over 10% in one day. J&J is now facing thousands of lawsuits, ...
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  • 6 Ways to Protect Your Children from Falling Furniture

    Children often allow their imaginations to run wild when they play. Whether it’s embarking on a jungle expedition or avoiding hot lava from an erupting volcano, many of these playful situations involve climbing pieces of furniture, such as couches and even dressers. Unfortunately, falling furniture is a common cause of child injuries and deaths in the United States. According to the U.S. Consumer ...
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  • Who Is Liable for Nursing Home Injuries?

    Millions of elderly Americans reside in nursing homes and other assisted living facilities, which provide the necessary care and supervision many individuals need for their safety and wellbeing. Injuries can occur though, and it can be a challenge to know who is responsible when an accident occurs. Here are some things you should know if you’re considering filing an injury claim against a nursing ...
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  • Laceration Injuries Prompt Massive Vitamix Recall

    If you’ve been saving up for a Vitamix blender to make your morning smoothies, you might want to do some careful comparison shopping first. Vitamix has just announced a recall of over 100,000 blender products, after multiple people sustained serious laceration injuries. Due to a systemic defect in certain models, the blending containers can separate from the base and expose the extremely sharp ...
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  • Who Is Responsible for Faulty Playground Equipment?

    When children go to the local playground or on the play equipment at school, you would assume that they would be safe from accidental injuries caused by unsafe structures. Unfortunately, this isn’t always the case. Poorly designed or inadequately maintained playgrounds can cause serious injuries to children. There may be action parents can take, however, to receive compensation for their child’s ...
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  • Who is Liable For Defective 3D Printed Medical Devices?

    3D printing is revolutionizing the medical industry and offering new ways to treat patients. It also is raising new questions about who is liable if one of these devices injures a patient. When doctors are able to custom design and print devices, these cases can toe the line between medical malpractice and product liability cases. The Design & Production Process When a patient needs a 3D printed ...
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  • FDA Medical Device Proposal to Speed Up the Clearance Process

    The U.S. Food and Drug Administration (FDA) recently proposed a new way to fast-track medical devices to the market. Scott Gottlieb, Commissioner of the FDA, proposed making a quicker route to market for certain products that might not meet the current criteria for clearance under the agency’s 510(k) fast-track pathway. Gottlieb’s reasoning for the proposal is that it would foster innovation. This ...
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  • 3 Surprising Products That Were Recalled

    Product recalls happen on a pretty regular basis. They are usually the result of a manufacturer discovering a flaw or problem with their product that could lead to a severe injury or create the potential for a lawsuit. Here are 3 of the most surprising recalls you might have missed. Recall 1: U.S. Consumer Product Safety Commission Lapel Pins The U.S. Consumer Product Safety Commission (CPSC) is ...
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  • Graco Recalls More than 25,000 Car Seats

    Graco is an American company that manufactures baby products. It’s based in North Carolina and is owned and operated by Newell Brands. It has produced thousands of different products since its inception in 1942. Recently, Graco needed to recall more than 25,000 car seats after a defect was found in the child safety product. Out of all things that should be safe to use, a product meant to keep ...
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  • Toyota Recalls More Than 800K Minivans Due to Defective Doors

    In a recent announcement , Toyota has announced that it will recall more than half a million minivans due to an issue with the vehicles’ sliding doors. The issue, found in Toyota Sienna models manufactured from 2011 to 2016, involves a circuit issue which can cause the doors to not properly latch when closed and suddenly open while in motion, potentially leading to accidents. What Is the Issue? ...
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  • Ford Recalls 680K Vehicles Due to Seatbelt Defect

    Of all the various safety features and technologies included in modern cars, basic seatbelts still offer some of the most essential and life-saving protection in the event of a collision. That is, as long as they work properly. For Ford, the uncertainty of the proper function of their vehicles’ seatbelts has prompted a massive recall of more than 680,000 vehicles sold globally. The Michigan-based ...
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  • Why You Should Not Ignore Your Vehicle Recall Notice

    If you have owned several cars, chances are good you have probably received a notice from your auto manufacturer at some point informing you that your vehicle is subject to a recall and is eligible for free repairs. While many are tempted to toss these notices out with the rest of their junk mail, this can be a major mistake. Your Life Could Be At Risk Automotive safety recalls are only issued ...
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  • BMW Recalls Vehicles for Faulty Fuel Pump

    BMW USA has announced that it will recall as many as 154,000 vehicles due to an issue with the cars’ fuel pumps. According to Consumer Affairs, the cars’ loose wiring within the fuel pumps could cause a connector to melt over time, causing fuel to leak and possible vehicle stalling – a combination which can potentially lead to crashes. The recalled vehicles were manufactured between 2007 and 2012 ...
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  • Ford Recalls Roughly 830K Vehicles with Faulty Door Latches

    Ford has announced a massive recall of more than 830,000 vehicles in the United States and Mexico due to an issue with the vehicles’ door handles. According to Ford, the pawl spring tab in the side door latch of the affected vehicles has been known to break, causing the doors to fail to latch and possibly open while driving. As it stands, only one reported accident and one injury have been ...
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  • Jim Gilbert Delivers Auto Product Liability Seminar in Indiana

    Over the past two days, a group of some of the top trial lawyers in the country convened at the ISTA Conference Center in Indianapolis for “ Thinking Outside the Box for Your Practice ,” a seminar sponsored by the Indiana Trial Lawyers Association. Our own Jim Gilbert was on hand as one of the presenters, with a talk about a subject in which he is one of the leading experts nationwide, auto ...
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  • GM Issues Massive Vehicle Recall Due to Brake Issue

    Blog: GM has recalled approximately 473,000 trucks and SUVs sold in North America due to a faulty nut installed in the vehicles’ brakes, leading to loosening over time and potentially rendering the brakes inoperative. The recall affects certain 2015 and 2016 Chevrolet Silverado HD, GMC Sierra HD and Chevrolet Tahoe police vehicles. Dealers will inspect the vehicles and reapply adhesive on the nut ...
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  • Takata Defective Airbags Continue to Cause Fatal Accidents

    Investigators in South Carolina have determined that South Carolina resident Joel Knight was fatally wounded by a defective Takata airbag inflator in his Ford Ranger in late December 2015. The “safety device” exploded so catastrophically during a minor collision with a wandering cow, police first called to the scene initially believed he had been struck by a stray bullet. This marks the 10 th ...
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  • Treadmill Accident: Mike Tysons Daughter Dies After Her Neck Gets Caught in Exercise Machine Cord

    A tragic treadmill accident this week claimed the life of former heavyweight boxing champion Mike Tyson’s 4-year-old daughter Exodus On Monday, her 7-year-old brother found her with the cord that hangs from a treadmill console wrapped around her neck. Following the strangulation accident, Exodus’s mother tried to revive her with CPR while waiting for the paramedics to arrive at their home. The ...
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  • Using Indoor Tanning Beds Can Lead to Greater Non-Melanoma Skin Cancer Risk, Reports UCSF Study

    According to a new study led by UCSF that recently published online in BMJ , indoor tanning beds can up the risk of developing non-melanoma skin cancer. These tanning devices are already linked to malignant melanoma, which is the deadliest type of skin cancer. Considering that millions of people in the US use tanning salons each year, both these findings are disturbing. At The Gilbert Law Group®, ...
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  • CPSC Stopped About 647,000 Unsafe Products from Entering the US During 1st Quarter of Fiscal Year 2012

    In the first quarter of fiscal year 2012, Consumer Product Safety Commission port investigators and US Customs Border Protection agents have stopped nearly 650,000 units (of approximately 240 different noncomplying products) from entering the country and reaching consumers. They screened over 2,900 shipments at ports of entry throughout the country and pulled the items that they determined were ...
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