Product Liability Lawyer Blog

December 28, 2015

Daniel v. Ford Motor Company: Products Liability Cases

Daniel v. Ford Motor Company, a case from the United States Court of Appeals for the Ninth Circuit, involved a plaintiff who filed a class action lawsuit against defendant in which he alleged that defendant breached its implied and express warranties and also engaged in fraud when selling vehicles with a defectively manufactured rear suspension system.

In the Uniform Commercial Code (UCC) as adopted by the Commonwealth of Massachusetts, any merchant who sells a product to a consumer makes an implied warranty of merchantability. In this context, merchant means a regular seller of goods of a type. For example, if you buy a toaster oven from Sears, they are regular seller of that item and are therefore a merchant of goods of that kind. On the other hand, if you buy a lawnmower off Craigslist, it is more likely than not that the seller of the lawnmower was a not a lawnmower dealer but was simply selling his or her own used lawnmower. Since the seller is not a merchant, he or she is not giving an implied warranty of merchantability. However, he or she would still be liable for negligence if there was a known defect that caused a personal injury to buyer, and that known defect was never disclosed. Continue reading

December 24, 2015

Are Boston Injured Victims Bringing Enough Product Liability Claims?

by Jeffrey S. Glassman

Tort reform advocates argue Americans are too litigious and aim for limitations on the rights of consumers to sue. Clauses built into consumer product purchase agreements limiting class action rights and mandating arbitration are some of many ways in which companies aim to limit the litigation they are exposed to. News stories are also released purporting to show frivolous lawsuits in order to raise suspicions about the legitimacy of claims based on product defects- even though the facts often show these lawsuits are not actually frivolous at all.

Consumer advocate Ralph Nader is fighting back against the misconceptions that are being pushed by big business. In a recent interview published in Parade Magazine, Nader argued there are actually not enough cases being brought to hold manufacturers accountable when they cause harm to the public.

Injured Victims are Not Bringing Enough Product Liability Lawsuits

December 21, 2015

Could New Regulations Address Dangerous Chemicals in Cosmetics?

by Jeffrey S. Glassman

Cosmetics and skin care products are some of the most widely purchased products within the United States. Consumers spend as much as $50 billion every single year on beauty products. Unfortunately, it turns out that some of the skin care and cosmetic products on the market could actually contain chemicals that are very harmful to health.

Although the skin care and cosmetics market are largely unregulated, manufacturers still have basic obligations to make sure their products are reasonably safe and to provide warnings about risks to users. Cosmetics manufacturers who fail to test products for safety and alert customers to dangers may find themselves being sued if products make people sick. Even the threat of litigation, however, does not appear to deter manufacturers from continuing to sell products that could cause harm. Now, lawmakers are finally considering taking legal action aimed at protecting people from the risks of their skin care and beauty products.

December 18, 2015

Majority of Product Recalls are Household Goods

by Jeffrey S. Glassman

Products are recalled because they present a danger to their users. Ideally, manufacturers will take action to recall products before someone actually gets hurt. Unfortunately, this does not always happen. That means every time a product is released which subsequently turns out to be dangerous, there is a significant risk someone will be hurt or killed before the manufacturer identifies the issues and institutes a recall.

Individual consumers especially, need to be concerned about the significant dangers associated with defective products because a new report reveals the vast majority of recalled goods are household products used by individuals and families.

December 15, 2015

Defective Holiday Decorations Can Lead to House Fires

by Jeffrey S. Glassman

Decorating your home for the holidays can be a joyful experience. EFSI reports as many as 86 percent of Americans do at least some home decorating as a part of their holiday celebrations.

Unfortunately, decorative products can sometimes be poorly designed or badly made and can turn into a major hazard. It is imperative homeowners, renters, and commercial property owners understand risks associated with holiday décor so they can look for safe products and avoid potentially causing serious injuries to themselves or others. Continue reading

December 8, 2015

Boston Injuries Due to Defective Products This Holiday Season

by Jeffrey S. Glassman

The holiday season is a time when many new products come into the home. From Christmas décor to gifts that you purchase for loved ones, dozens of new items are likely to begin receiving regular use at this time of year. Unfortunately, when you bring in these new products, there is a risk that you could inadvertently end up bringing in an item that turns out to be dangerous.

Manufacturers have an obligation to make sure that all products released to consumers are reasonably safe and function as the manufacturer promised they would. Sometimes, however, inadequate testing, poor design, or other manufacturer failures mean products end up on shelves despite the fact the products are harmful.

Manufacturers can be held strictly liable for any injuries resulting from product defects, regardless of negligence. Still, consumers want to avoid injuries and fatalities due to defective products so a holiday gift does not lead to tragedy. This means making sure you shop carefully and keep up-to-date on recalls so you do not endanger yourself or your loved ones.

December 4, 2015

Town Destroys Veteran’s House while He Gets Total Knee Replacement Surgery

by Jeffrey S. Glassman

In a rather disturbing series of events, as described in a recent article from Syracuse.com, a United States Navy veteran left his Long Island home to go to Florida, so he could undergo a total knee replacement operation. He was 69 years old at the time of his operation.

He chose to go to Florida because he had a friend there who could help during what he expected to be a somewhat lengthy recovery period. While he was gone, the town had his house demolished with all of this property still inside. Continue reading

December 1, 2015

Jury Awards $11 Million to Defective Hip Implant Victim in Bellwether Trial

by Jeffrey S. Glassman

Jurors overseeing the bellwether case involving Wright Medical’s Conserve Plus metal-on-metal hip implant in a federal case in Georgia have decided in favor of plaintiff for $11 million. That award, granted to a retired ski instructor, allows for $1 million in compensatory damages and $10 million in punitive damages.

The former is intended to compensate the victims for actual losses, while the latter is supposed to punish defendant for an egregious violation.

This was an important decision because it was the first trial in a multi-district litigation pending before the Atlanta-based court. There are 440 other cases similar to this one pending before U.S. District Judge Bill Duffey. In addition to those, there are hundreds more pending against the same defendant in a state court in California. Continue reading

November 30, 2015

Choosing Safe Toys this Holiday Season – Prevent Child Injures

by Jeffrey S. Glassman

The day after Thanksgiving officially kicks of the Christmas shopping season, as most people are well aware. This is supposedly the first day the retailers’ books go from red to black in terms of profit and losses, hence the name Black Friday. Following Black Friday, there is a Small Business Saturday, in which shoppers are encouraged to frequent small businesses when buying gifts, and there is, of course, Cyber Monday for internet sales of holiday gifts. In other words, there will no shortage of ways to get discounts, and there will be a lot of crazed shoppers camped outside of their favorite stores to get the best deals of the season.

One of the most popular items will be whatever the media has chosen to be the big kids gift of the season. While there is nothing wrong with rushing out and grabbing the hottest new kids toys, it is important consider safety and avoid certain toys, like those that present choking hazards with small children. Continue reading

November 27, 2015

Popular “Hoverboards” May Be Dangerous

by Jeffrey S. Glassman

Every year, around the holiday season, a new product will hit the market, and it becomes a must-have for families across the county. This year, many think the so-called “hoverboard” will be that product.

First, it should be noted, these hoverboards do not hover by any stretch of the imagination. Most people associate the hoverboard with the fictional product Marty McFly used in Back to the Future II. This was the pink skateboard without wheels manufactured by Mattel in the movie. It allowed him to hover over the ground and ride on any surface other than water. Continue reading