Articles Posted in product liability

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When kids are on summer break and the weather is nice, it’s a great time for young people to get outside and enjoy fun activities. Unfortunately, there are some summer toys which are really risky for kids.  Parents need to make sure they are choosing safe products for their children, checking for recalls and supervising kids so children don’t take unnecessary risks. injury lawyer

Manufacturers of toys and children’s products are also held to very high standards for safety. If products have defects or cause harm to children because the manufacturer didn’t incorporate the right safety features or warn parents of product risks, there is a good chance the product manufacturer could be held legally liable if a child sustains an injury.

A Boston product liability lawyer should be consulted after a child is hurt or killed by any product to determine if the parents and child can make a case for compensation. Continue reading

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If your child is invited to birthday parties this summer, he or she may encounter a bounce house. Portable bounce houses have become really common, as they can be delivered and set up quickly to provide a fun activity children enjoy. Unfortunately, portable bounce houses can also be really dangerous for kids, especially if they are not set up correctly or if there is a defect in the product which causes the bounce house to be less safe than it should be when it is inflated. child injury lawyer

Parents need to understand the risks both of having portable bounce houses at children’s parties they are hosting, as well as the risks of allowing their children to play in bounce houses at parties or events which are thrown by other friends or relatives or community groups.

While your child may be clamoring to play, you want to evaluate whether or not you think it is safe for you to allow your child to use the bounce house. If your child does get hurt, it is also important to know what your rights are for taking legal action. Boston product liability lawyers can help parents to determine who can be held accountable and what legal arguments to make when pursuing a claim for compensation based on a child sustaining injury in a bounce house.

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Summer is a time for cookouts on the grill. Unfortunately, a fun outdoor barbecue could quickly turn into a devastating disaster if something goes wrong with a grill. Grills could be dangerous not only while in use, but also while simply being stored near your home. Explosions and serious burns can occur if a grill malfunctions, and sometimes injuries from malfunctioning grills are fatal. product liability attorney

If you or a loved one suffers an injury due to any type of problem with a grill that is being used, the manufacturer, distributors and others involved with the production or sale of the grill can be held legally liable for damages. A Boston product liability lawyer can assist victims of grilling injuries in pursuing a claim for compensation by proving they were hurt as a direct result of a problem with a grill they were utilizing.

Malfunctioning Grills Present a Big Risk at BBQ

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According to a recent news article from ABA Journal, a jury has just awarded a plaintiff $110 million in a talcum powder lawsuit alleging product liability.  The claim was that defendant (Johnson & Johnson) manufactured talcum powder that caused her to develop ovarian cancer.  Not only did the jury find this to be true by a clear preponderance of the evidence, they awarded her the largest verdict ever in a talcum powder products liability case.

product liability attorneyWhile this is the largest talcum powder verdict by a long shot, it is not the only large verdict.  There have been verdicts of $55 million, $70 million and $72 million in other recent cases. Continue reading

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A recent case from the Supreme Court of New Jersey involved a products liability action filed against the major pharmaceutical maker that is now known as Roche in connection with its Accutane drug.  Accutane is the brand name for the drug isotretinoin. The drug was originally developed by Hoffmann-La Roche labs and was used to treat a severe skin condition known as nodular acne.  It was also used in some cases to treat a form of skin cancer.

pillsWhile the drug was effective at treating acne, it had some serious side effects associated with it.  In some cases, it would lead to severe birth defects.  For this reason, women taking the drug had to be counseled against becoming pregnant while taking it, and also needed to either abstain from sex entirely or use what were considered effective contraceptives.  Condoms were not considered sufficient when not used in conjunction with another method of birth control.  For this reason, Accutane is considered a teratogen, meaning it can cause birth defects. Continue reading

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With the goal of helping to reduce child injuries and deaths, the U.S. Consumer Product Safety Commission recently rubber-stamped updated federal safety guidelines for infant carriers, specifically of the sling variety. This mandatory standard applies to those sling carriers caregivers wear to transport a single infant or toddler, usually up to 35 pounds, though some go up to 50 pounds. mother

The designs can range from hammock-like products that are mostly unstructured and hang from the caregiver’s body to a wrap of fabric that girds around the adult’s body. The caregiver wears the carrier, and once the child is inside, he or she is supported by either one or both shoulders of the adult. The carrier can be used either in front or in back, either with the child facing away or toward the adult, or else reclined in the front.

Updated federal safety standards are based on the most recently updated standard voluntarily adopted by the industry and outlined by ASTM International. However, there is an additional requirement regarding label attachments. ASTM F2907-15 is the standard, and it establishes the performance requirements, testing methods and manufacturing requirements that must be met in order to ensure that use of these sling carriers is safe.  Continue reading

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Some products are dangerous even when manufactured correctly. For example, when a mining company buys a stick of dynamite and a blasting cap, there is no question that this product is capable of exploding and causing serious damage or loss of life, even when used correctly.  If the product wasn’t capable of exploding, it would not be of any value to the mining company, so they wouldn’t buy it.

tobaccoThe same could be said about a chainsaw.  While it won’t explode if manufactured correctly, it is definitely dangerous and capable of inflicting serious injury or death.  If it wasn’t, it would not be able to make quick work of a log or tree as it was designed to do.  In other words, some products are inherently dangerous, and as long as it was not unreasonably dangerous, defectively designed, or the company did not adequately warn consumers of the proper way to the use the item safely, the company may not be liable for any personal injuries. Continue reading

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Hip replacement surgery has become one of the most often performed elective surgical procedures in the United States.  This involves the total replacement of the patient’s natural, but damaged hip joint, which an artificial hip implant manufactured by a medical device firm.  While there are many names for the different firms, these days, they are often subsidiaries of a handful of major pharmaceutical companies and medical device manufacturers.

surgeryA recent news article from ABC 6, takes a look at how a modern hip replacement is performed and what a patient can expect during his or her recovery.  As discussed in the article, in the 1990s, having a total hip replacement involved a having an open incision followed by a stay in the hospital of two weeks or more and then being placed in a lengthy rehabilitation program.  There was a lot of time spent in rehabilitation, and this was not only a long, but also a painful process. Continue reading

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For quite some time, it has been known that the new Samsung Galaxy Note 7 Smartphones have defective batteries and other components that can result in the devices exploding.  This can cause serious personal injury and has caused users to be severely burned. These phones are also not allowed on airplanes, since an explosion on a plane could be catastrophic for hundreds of passengers.  Not only can they not be taken as carry on, they cannot be checked in baggage, even if they are powered down.  The reason for this is because the battery can explode even when the phone is not on or being operated.

mobile phoneWhile the company has voluntarily agreed to recall the device and provide users with a refund, for whatever reason, some users are not willing to return the defective smartphones.  It seems they would rather run the risk of the phone exploding or bursting into flames in a user’s pocket and are not returning them to Samsung. Continue reading

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According to a recent news feature from CNN Money, there is significant confusion when it comes to the recent recall of Galaxy Note 7 smart phones manufactured by Samsung after some of the models exploded.  The reason for the confusion in part is because there are two different suppliers of batteries, and the company has chosen not to call this a recall, but rather a return and replacement program.  While the company may wish to use this more innocuous sounding description, federal regulators have chosen to stick with the more familiar name, calling it a defective product recall.

mobile-phone-4-1490452However, before we look at the more confusing aspects of this recall, lets look at what we do know. We know that these smart phones that retail for over $900 are bursting into flames and basically exploding while people are holding them.  The company says that the problem only occurs while the phones are charging, but since many people charge their phones while using them to talk, text, and use other apps, this poses a significant danger. Continue reading