If you’re planning on filing a lawsuit, you probably have what you believe to be evidence that you were wronged in some regard. Understanding evidence, however, does take some real legal knowledge. In fact, you may find that, upon meeting with your attorney, they don’t really believe that the things you consider to be evidence […]
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Police Sued Over Privacy Violations
CNN reported that a police department in Washington is facing a lawsuit over violating the rights of inmates. The reporting details that 11 women and 1 man are suing a police department over alleged instances where the inmates—who were all arrested on suspicion of drunk driving—were recorded while they were undressing and using the toilet. […]
Frivolous Lawsuits Get too Much Publicity
The idea behind a lawsuit is to give a person who was wronged because of another person’s negligence away to get compensated. This can include suing manufacturers for putting dangerous products out on the market when they should’ve known better, suing motorists who are prone to driving dangerously and end up hurting or killing someone […]
Dog Bites and Liability
Unfortunately, many dog owners are not responsible with their animals. In fact, it’s quite reasonable to argue that the biggest cause of dog bites has nothing to do with dogs, but with the people who are in charge of taking care of those dogs. There are differences on a state-by-state basis as to how much […]
Daycare Worker Arrested for Raping Children
For parents with children in daycare, a nightmare scenario seems to be unfolding in Ohio. According to NewsOK, a daycare worker has been arrested on two counts of rape. The woman, according to the article, had engaged in sexual conduct with an infant and made a video of herself doing it. Police claim that they […]
Class Action Against LinkedIn Reveals Importance of TOS
If you’ve gotten emails that appear to be from a friend of yours but that were actually from LinkedIn giving a pitch for the website, you’re not alone. In fact, a lawsuit has been filed against the business social networking website alleging that the company breaks into email accounts, uses the contact list to send […]
Can You Sue a Company for Mishandling Your Information?
Today, it’s not uncommon for companies with whom people do very casual business – cellular phone companies, Internet service providers, etc. – to have some very sensitive information about their clients. For example, Social Security numbers are routinely used as forms of identification and many companies require that information in order to open an account. […]
Why Do Personal Injury Attorneys Turn Down Cases?
There are instances when a personal injury attorney may turn down your claim. This may leave you wondering if there is any hope for justice but, keep in mind the fact that civil lawsuits are not really about justice; they’re about compensation. If you’ve been turned down as a client by an attorney, some or […]
How Do You Sue on Behalf of a Child
Some of the largest jury awards are actually handed out to children. These occur in cases involving medical malpractice during birth, car accidents that permanently damage a child and in other cases. Obviously, a child cannot enter into a contract or take any other legal action of their own accord. Parents are the ones who […]
Window Blinds Recalled After Child Death
The Consumer Product Safety Commission and the manufacturer of a line of window blinds are cooperating in a recall of approximately 139,000 vertical blinds and 315,000 horizontal blinds, according to a press release from the CPSC. The window blinds were implicated in the 2009 death of a two-year-old girl from Michigan who ended up being strangulated by a vertical blind cord.
The products come from the company Blind Xpress. The blinds are manufactured with an adjustment cord that hangs freely and that has a loop at the bottom. According to the press release, some of these loops are equipped with a weighted device, as well. The cord presents a threat of strangulation, as it is not secured to anything and, therefore, a child can become tangled up in it and be strangled.
The recalls involve blinds sold from between January of 1995 through December of 2011. They were sold at specialty stores in Michigan and manufactured in the United States. The recall only affects blinds that do not have an inner cord stop device on them or, in the case of vertical blinds, devices that do not have a cord tensioning device that can be affixed to the wall or to the floor to prevent this hazard.
If you have any of these blinds, the CPSC recommends that you stop using them immediately. You can get a free repair kit from the Window Covering Safety Council. If you want to contact them immediately so that you can get ahold of this kit, you can do so at WindowCoverings.org.
Product Liability Claims
In some cases, such as this case with the window blinds, the company that manufactures a product that proves to be defective in a way that poses a threat to customers will participate in a recall voluntarily. This, of course, is the ideal situation, as the manufacturer is taking responsibility for the products that they put on the market and because, of course, they are showing some genuine concern for their customers. This is not always the case, however. Some products have remained on the market after the manufacturers knew that they were dangerous, and, in some cases, manufacturers have resisted CPSC calls to recall a given product from the market.
Companies are responsible for the quality and safety of the products that they put on the market. If a product poses an obvious hazard that is not a characteristic of the device – a drill, for instance, poses a hazard of causing lacerations and puncture injuries, but that is rather unavoidable – recalling the product is sometimes the best course of action. In other cases, the company will simply offer you a free repair or a kit to repair the product so that you can eliminate the danger. If you have been injured by a dangerous product, however, be sure to speak with a Houston product liability attorney.
Call us for a FREE consultation at 713-771-5453
Amputation Threat Posed by Recalled Stroller
The US Consumer Product Safety Commission and Health Canada have announced that the manufacturer of a stroller has voluntarily recalled the device due to an amputation hazard. According to a press release, the Kolcraft Enterprises, Inc. Contours Options strollers, in both the three- and four-wheeled configurations, poses a risk of amputating the fingers of children and adults. In fact, there have already been incidents reported where both have happened.
Incidents
According to the press release, there have been five injuries involving the defective part. The defective part is a hinge mechanism located on the handle of the stroller, near the basket area. This hinge can fold up, cutting or even amputating fingers. There have been three children who have had their fingers amputated and two adults who suffered lacerations and smash injuries due to the hinge.
If you’re concerned that you have one of the strollers, look for the following model numbers, which will appear on a sticker above the left wheel:
- ZL002
ZL005
ZL008
ZL015
ZL018
These products were retailed by Amazon.com, Target.com, ToysRUs.com and at toy stores in the United States and Canada. They sold for between $150 and $160 and were on the market starting in January of 2006, with the recall being effective June 14, 2012, according to the press release.
Defective Products and Responsibility
It is illegal to sell or trade any defective product. They have to be returned, replaced or refunded in accordance with the product recall. If you have one of these strollers, you can contact Kolcraft at 1-800-453-7673. They will explain what to do with the device. You should stop using the stroller immediately and, upon contacting the company, you will be provided with a repair kit that can be used to fix the hazard.
Defective Designs, Manufacture and Advertising
Defective product lawsuits hinge on whether or not the product was defective in its design, in its manufacture or in its advertising. In this case, the product could be found to have been defective in its design or its manufacturing, due to the presence of the hinge that was capable of causing such grievous injuries. If you or your child were injured by this product, you should contact an attorney right away. One of the options you have as a consumer is suing a company that sold you a product that proved to be dangerous.
Filing a defective product lawsuit is generally a time-limited option. The most important thing to do is to contact an attorney as soon as possible and to let them know what happened. If they believe that you do have a good case, they may be willing to take it and argue it for you in court. These cases sometimes end up paying out into the millions of dollars, which is entirely fair, when you consider the life-changing injuries that some people end up suffering because of defective products. In this case, it’s already been reported that at least three children had their fingertips amputated because of the particular defect.
If you have been injured by this stroller, call us for a FREE consultation at 713-771-5453
Recent Product Recalls: Child Safety Seats – Tires – Food
Government agencies and manufacturers are supposed to work together to make sure that dangerous products are taken off of the market. This relationship sometimes works very well and sometimes does not, but there are usually at least some product recalls over the course of any given month. Here are some that have been announced recently.
Dorel Juvenile Group (DJG) Child Safety Seats
The Dorel Juvenile Group (DJG) is recalling a line of safety seats that were found to have a problem with their center front adjuster. This is referred to as the “CFA” in industry jargon. The restraint has a flaw that allows it to become loose, resulting in a situation where the child is not adequately protected in the event of a wreck.
The devices can be fixed and DJG will provide the materials required and the instructions. It is only a matter of lubrication to fix this issue. The recall affects 794,247 safety seats, according to a press release on the National Highway Traffic Association site.
Advance Extra Grip Tires by GTC
Advance Extra Grip Tires by GTC North America, Inc. have been recalled as of March 19, 2012. This will affect approximately 12,289 units. The tires are being recalled because they have a flaw that results in them blistering, bubbling and, in some cases, this may result in the radial belt being exposed and cause a blowout. Because of the danger to consumers, the tires are to be replaced. The tires will be replaced free of charge, including mounting and balancing. If you have these tires, you can contact GTC at 1-330-498-5000 for more information. This is according to a press release that you can find on the NHTSA site, here.
Troyer Cheese – Backroad County Caramel Puffcorn
The FDA announces that Troyer Cheese, Inc. is recalling its Backroad County Caramel Puffcorn in the 8 and 16oz sizes. This recall is due to the presence of milk that wasn’t declared on the packaging. Dairy products can cause severe, possibly deadly, allergic reactions in some people, leading to this recall. These products were sold in Texas and were distributed between January 6, 2012 and March 12, 2012. Distribution was handled through both stores and mail order outlets.
The affected products include:
Backroad Country Caramel Puffcorn, 8 oz. bag, UPC 0 49646 90176 0, Sell By Date/Lot Code:
- 03/07/12 C1P16
- 03/21/12 B2Y16
- 05/16/12 B1X16
- 05/30/12 B1X16
- 06/13/12 A3K16
Backroad Country Caramel Puffcorn, 16 oz. bag, UPC 0 49646 90157 6, Sell By Date/Lot Code:
- 03/07/12 C1P16
- 03/21/12 B2Y16
05/16/12 B1X16 - 05/30/12 B1X16
- 06/13/12 A2R16 or A3K16
Contact a Personal Injury Lawyer
If you’ve been injured financially or physically because of a recalled product, be sure to contact a product liability lawyer. They may be able to help you to file a lawsuit against the manufacturer that could win you compensation for your pain and suffering, your medical expenses, lost wages and a host of other financial hardships that can occur because of defective products.
We make every effort to ensure the veracity of the information provided above. We cannot, however, be held accountable for the veracity of information on other websites or that is provided by third parties, including government agencies. Please check at http://www.recalls.gov/recent.html for any additional information, and the most current information, about recalls.
If you’ve been injured by any product that was defective, please call Houston Personal Injury Lawyer, Blaine A. (Bat) Tucker at 713-771-5453 for a FREE Consultation
Product Recall: Women’s Shoes Spark Recall
If you have a particular type of Naturalizer women’s shoe, you may need to bring it back as part of a recall. At the end of 2011, a recall was announced due to a faulty heel on the shoes in question. That faulty heel design created a risk of falls and injuries and the company that produced them, Brown Shoe Company, has issued a recall.
Defective Products
One of the ways that a product can be defective is in its design. Another is in its manufacture. In the case of the Naturalizer shoes, the design or the manufacture may have been to blame but, either way, the shoes do present a very real hazard of tripping and falling. Sometimes, a slip and fall accident can be very dangerous, causing significant injuries and ending up putting the victim out of work or causing them very significant medical expenses.
The Defective Shoes in Question
The shoes in question will have one of the following numbers printed on the inside of the shoe:
- A3279S2001
- A3279S1600
- A3273S1250
- A3279S1020
The shoes were available in nude, scarlet, grey and black. These shoes were decorated with a leather bow that spans the front of the show and have a three-inch heel. The shoes will also have the word “Naturalizer” on them. This will appear either inside the shoe or on the bottom of the shoe. If you have one of these shoes, do not wear them. You should take them back to the place where you purchased them, where you will be given a refund.
Understanding Personal Injury and Product Liability Law
Personal injury law and product liability law quite often intersect. Personal injury law allows people to seek compensation for injuries-both financial and physical-that they suffer due to the negligence of a company or another person. Product liability law requires that companies put out products that are:
- Designed safely
- Manufactured safely
- Advertised accurately
Any product that does not meet those criteria may be deemed defective. If it is defective and someone is hurt because of those defects, there is sometimes good cause to file a lawsuit against the manufacturer. You should inquire with a personal injury attorney if you feel that a defective product has caused you injury, whether that injury was financial or you actually suffered an injury to your body that resulted in pain and suffering, lost wages or other hardships.
Remember that manufacturers are responsible for their products but that, quite often, it’s easiest to get your refund by just brining the product back to where you bought it. They will generally take it back, issue you a check or cash and send you on your way. Any time that you find out that a product was found to be defective, stop using it immediately. You may have noticed nothing wrong with the product in your own experience, but these problems sometimes do take time to manifest, particularly if there are defects in design or manufacture that only become known after the product has been used for a while.
If you have any questions about how to deal with injuries related to defective products, contact the Law Offices of Blaine A. (Bat) Tucker at 713-771-5453.
Product Recalls In Recent News
Several products have been subject to recalls already this year. If you live in Texas and have used one of these products and have been injured, you may want to contact a Texas personal injury product liability lawyer. They may be able to help you put together a lawsuit that could win you compensation for what you’ve been been through.
Brilliant Blue G
Due to reports of fungal infections, Brilliant Blue G has been recalled, effective for the following lot numbers:
- 08232011@80
10132011@6
10112011@82
10192011@125
These lot numbers come from Frederick’s Pharmacy. If you have products that match these lot numbers, you may return them to the manufacturer for a refund. If you’ve suffered an eye injury or illness due to these products, be sure to contact a Personal Injury Attorney about the matter.
The recall is effective March 9, 2012. You can read the official page at the FDA website.
Guidecraft Children’s Play Theaters
The 4-in-1 Dramatic Play Theater Toys are being recalled by Guidecraft, Inc., a Minnesota-based company. It was discovered that the tory has a hazard that causes it to tip over during use, which could pose a threat to the children using it. The toy can be changed around so that it provides different sets for children to have puppet shows in and weighs just less than 50 pounds in total.
This toy was sold primarily on the Internet and it’s estimated that approximately 1,800 of the units were sold in the US. Guidecraft will provide a replacement or a refund upon request. Be sure to take these toys away from children immediately.
You can read more about this recall at the Consumer Product Safety Commission website.
Fresh Garden Highway Cobb Salad
Fresh Garden Highway Cobb Salad with a sell-by date through 2/6/2012 has been identified as being a potential vector for listeria monocytogenes. The products were sold by retailers throughout Texas, according to a press release describing the recall. The establishment number on these products will be P-44056. This will appear near the USDA mark of inspection.
If you purchased these products from a Texas retailer and were stricken with listeria or a related illness, be sure you contact a lawyer about the matter. Companies are most certainly responsible for the damages caused when they put contaminated food out on the market and you’ll want to be sure that you don’t end up dealing with the resulting financial burdens on your own if you were affected by this product.
The USDA Food Safety and Inspection Service has more information.
What if They’re Not in Texas?
A Texas personal injury and product liability lawyer can sue companies anywhere in the nation. Don’t worry if the defective product that injured you was purchased online or if it was manufactured by a company that’s located outside the borders of Texas.
If you believe that you may have cause to file a lawsuit over being injured by a defective product, be sure to contact an attorney as soon as you can. There are limitations on how long you have to act, so it’s best to contact an attorney right away so that you can explore the options you have available to you and decide whether or not pursuing a lawsuit would be a good choice for you.
We always strive to provide the best and most timely information about recalls, but cannot be held responsible for changes to this information that occurs after publication. Please refer to the official recall site at http://www.fda.gov/Safety/Recalls/ for the latest information on safety recalls.
If you have any questions about injury caused by product recall, call the Law Offices of Blaine A (bat) Tucker at 713-771-5453
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