Articles Tagged with Boston defective equipment lawyer

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A products liability lawsuit involves an injury caused by a dangerous or defective product. This can involve dangerous drugs like Xarelto, or defective artificial hips like the Pinnacle ASR metal-on-metal hip manufactured by DePuy, or it can involve seemingly harmless household products that possess hidden dangers. There are various factors that will determine if a company is liable for a product that caused an injury including the following:

  • Whether the product was defective.
  • Whether the product works for the purpose for which it was designed without causing personal injury.
  • Whether the company knew or should have known of a hidden or less-than-obvious danger.
  • Whether the manufacturer adequately warned potential plaintiffs of potential dangers.
  • Whether the type good is covered the under Uniform Commercial Code (U.C.C) as adopted by Massachusetts.
  • Various other reasons not included in this list. Products Liability

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Some products are dangerous because they are defective.

archery-2-1554374On the other hand, some products are dangerous because they are intentionally designed that way.

In one such case analyzed recently by the United States Consumer Products Safety Commission, the makers of a crossbow have agreed to recall their device to prevent accidental injury.
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According to a recent news story from the Morning Call, Samsung has just issued a major recall on 34 models of their top-selling washing machines.  The reason for the recall is that a defect in these 3 million units sold (all top-loading washers) can cause the drum to lose balance.  The drum is the large spinning basket that holds the clothing in the washing machine.

inside-washing-machine-2-1468042When the drums become unbalanced, it can cause the washing machines to start to vibrate excessively.  While this just seems like it would be annoying and not dangerous, the vibration becomes so excessive that the top of the washing machine can actually separate from the bottom and come flying off.  There have already been more than 730 injuries reported, including shoulder injuries and at least one broken jaw. Continue reading

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By now, most people have heard that Samsung’s release of the Galaxy Note 7 smartphone did not exactly go as planned.  Problems started when users were reporting their phones were spontaneously bursting into flames or completely exploding.  As if this was not bad enough, there were reports of them exploding on airplanes, which caused even more concern. The company has claimed there was a problem with the batteries that were made by a third party and has agreed to recall all of the phones sold to consumers to replace them with a device that features a safe battery.

mobile-phone-4-1490452According to a recent news article from NPR, there are now more questions being raised about not only the safety of these products, but also in the transparency of the recall process – or more accurately, the lack of transparency.  The problem is the company claimed the issue was not the device itself, which Samsung manufactured, but rather with the batteries, made by a third party.  However, that seems to not be the case, considering Samsung has switched battery suppliers and the combustion continues. Continue reading

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According to a recent news feature from USA Today, General Motors has just announced they will recall 4.3 million vehicles as result of a problem with the airbag control system.  There has been one death as well as several injuries linked to this particular airbag issue.

dashboard-air-grill-1192876-225x300The problem is related to the software that controls airbag deployment in the front of the vehicle.  The software issue caused the system to go into test mode when the vehicle was in motion as opposed to when it was first turned on and all of the system runs a test and diagnostic mode.  While it is not exactly clear how this happens based upon reports, the computer may have be able to disengage the seat belt retention mechanism when the airbag was in test mode. Continue reading

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A Texas woman was awarded nearly $16 million against a Rhode Island company after she became quadriplegic after a utility vehicle ran her over while she was working on her family’s farm. ward1

The $15.8 million verdict is reportedly the highest personal injury damage award doled out in the federal U.S. Western District of Texas, though plaintiff will reportedly only receive about half of that due to a finding of 50 percent contributory negligence. Based on Texas’ modified comparative fault with a 51 percent bar (the same standard used in Massachusetts), that was almost enough to prohibit collection of any damages at all.

According to court records in Nestor v. Textron, Inc., the accident involved a vehicle called the E-Z-Go Workhorse cart. It looks something like a golf cart, but it’s designed to haul material. It was December 2011 and plaintiff was working alone on the ranch, using the vehicle to help her with feeding and moving livestock around the property. Plaintiff alleges that she stopped at a gate to open it. She took her foot off the accelerator, which stopped the engine. However, as she was opening the gate with her back to the vehicle, one of the cubes of cattle feed fell onto the acceleration pedal. The engine started. The vehicle thrust forward. The force knocked her to the ground and the vehicle ran her over. As a result, she is now paralyzed from the neck down.  Continue reading