Articles Tagged with product liability attorney

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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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The U.S. Food and Drug Administration is a federal regulator without a key regulatory power: Recall. blindinglight

That’s why when investigators with the agency confirmed there were high levels of a potentially lethal toxin in toddler teething tablets, there was really nothing they could do other than announce it. The manufacturer of the tablets refused to issue a recall, and the FDA was powerless to force them to do so.

This could soon change. At least, that is the hope of lawmakers supporting the Recall Unsafe Drugs Act. This measure, H.R. 1108, would give the FDA the authority to order mandatory recalls on dangerous drugs and homeopathic products. The measure would revise the current law for the FDA to be allowed to issue mandatory recalls for products it does not directly regulate. The proposed law would also give the agency the power to issue mandatory recalls of pharmaceuticals that have been shown to cause serious health consequences and/or death.  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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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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A recent study conducted by the American Association for Cancer Research (AACR) reveals that African American women are at greater risk of developing cancer caused by talc exposure than their peers who did not use the genital powder. powder

Study authors noted that while regular use of talcum powder was associated with higher rates of ovarian cancer regardless of where it was applied, users who applied the powder to their genitals showed a 40 percent higher risk of cancer, while those who used the powder for non-genital purposes increased the risk by more than 30 percent.

Joellen Schildkraut, an epidemiologist at the University of Virginia and the lead researcher for this study, told Reuters that black women in America were heavily targeted in marketing campaigns for the body powder. Yet it has no real benefit. Still, Schildkraut began her research as a skeptic. She questioned the fiercely debated issue of whether it caused ovarian cancer and other forms of gynecological cancer. She described herself as a cynic. Her latest findings, on top of what has been previously studied by other researchers, have convinced her. Continue reading

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For the second time in a week, the U.S. Court of Appeals for the Sixth Circuit has dismissed a product liability claim, citing forum non conviens. This is a discretionary power a court has to dismiss a case when another court (or forum) is better suited to hear the case. doctor9

The dismissal isn’t going to prevent a plaintiff from re-filing the case, but depending on the facts, he or she may run up against a statute of limitations issue. It’s always better to thoroughly research such issues ahead of time so that it doesn’t become time and money wasted.

There are many considerations that go into determining the proper forum in a product liability lawsuit, including:

  • Where plaintiff lives;
  • Where defendant is headquartered/ operates/ distributes;
  • Where the injury occurred.

Continue reading

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Facing hundreds of personal injury product liability lawsuits over defective ignition switches, General Motors this year has faced down the first of thousands of these cases. Surprisingly, the company thus far has been fairly successful. The first three cases ended in their favor, with two of them dismissed (one after plaintiff was deemed not credible) and a third following a trial in which jurors decided the vehicle in question was defective and unreasonably dangerous, but it wasn’t the cause of plaintiff’s injuries. driver

Now, the company has chosen for the first time to settle one of these bellwether cases. That’s critical here because it could well determine how the company proceeds with other pending product defect lawsuits – particularly those that ended in fatality.

The auto manufacturer has recalled some 2.6 million of its small cars with the faulty ignition switch issue, which causes power to be suddenly cut from a moving vehicle. Not only is that especially dangerous because it causes a driver to lose control of the vehicle, it also shuts down critical safety systems, like airbags and brakes.  Continue reading