Articles Posted in Product Liability

Major retailer Target has announced a recall of over half a million toy eggs designed to absorb water after concerns that the toys could create a blockage in a child’s stomach if they are ingested. The toys were designed and packaged for Easter.

Since the toys are designed to absorb water, if a child accidentally ingests a toy, it will swell inside the body and create an intestinal obstruction. The reports also suggested that the toy may not show up on an x-ray, making a life-threatening condition even harder to identify and treat. This could lead to serious health consequences, including severe pain, discomfort, dehydration, nausea, vomiting, and even death.

Although there appear to be no reports of injuries associated with the toy at this time, the Consumer Product Safety Commission initiated a Fast Track Recall covering some 560,000 toys. They also alerted members of the medical community and instructed parents to take adequate precautions, including not giving the toy to children and returning the product immediately.

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E-cigarettes have emerged as a popular alternative to traditional cigarettes. Created by a pharmacist in China, they offer a less toxic method for ingesting nicotine, compared to traditional cigarettes. A liquid solution containing propylene glycol, water, flavoring, and nicotine is heated, producing the vapor.

Although the companies that manufacture e-cigarettes and the many available accessories claim that they are a safe alternative to smoking, the U.S. Food and Drug Administration has yet to back that claim. In fact, the federal agency has proposed banning the sale of e-cigarettes to minors and is in the process of requiring companies that make these products to place warning labels on them. Additionally, the Centers for Disease Control have stated that there should be more regulations limiting the sale and advertising of these products to minors.

Beyond the health implications, there are concerns regarding whether the devices are safe. A recent article described one incident in which an individual was using an e-cigarette when the battery inside it exploded, causing him to suffer third-degree burns. Although the incident occurred over one year ago, the individual is still experiencing damaging effects and requires daily treatments and care.

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We live in a digital age, in which new technological inventions seem to be announced every single day. One of the most discussed technological inventions of 2016 and something that is sure to stay in the spotlight during 2017 is driverless cars. These machines offer consumers the convenience of a personal vehicle with the added bonus of not needing to pilot the car, leaving passengers free to read, catch up on work, or engage in other activities.

Recently, however, a federal class action lawsuit alleges that one of Tesla’s self-driving vehicles has logged 62 times more “sudden unintended acceleration” events than the average nationwide. The lead plaintiff in the lawsuit alleges that his Tesla vehicle, a Model X SUV, crashed through a wall in his garage as a result of one of these unintended acceleration events.

Tesla considers itself a software company, and its founder, Elon Musk, has described its vehicles as “computers on wheels.” The driverless function of the vehicle is intended to make all the decisions for the driver. Computer engineers who design the software are responsible for anticipating the many different scenarios that a vehicle may encounter and to program the computer to make the appropriate decisions necessary to navigate each scenario safely. In December 2015, Musk reported that the computer software was so advanced that the vehicle could not only track the car in front of it but also the two vehicles in front of it. He also stated that the vehicle could see through rain, snow, dust, and fog. He projected that by 2017, all Tesla vehicles will have full self-driving abilities.

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Smoke alarms are intended to protect homeowners, apartment dwellers, and other people from fire-related dangers. We are reminded on a constant basis that we should test our smoke alarms regularly to ensure that they are working and to make sure that we have enough smoke alarms installed throughout the house. This is considered so important that many fire departments often go door-to-door to test smoke alarms for residents.

Along with smoke alarms, it is often recommended to keep a carbon monoxide monitor in the home. In some cases, the smoke detector and the carbon monoxide monitor will be combined into the same device.

Just like any other device intended for the home, however, a smoke alarm and a carbon monoxide detector can put residents at serious risk if they are not manufactured appropriately. According to a recent report from Good Housekeeping, Kidde, a major manufacturer of smoke alarms and carbon monoxide detectors, initiated a major recall of its products after concerns arose that the devices did not function as they were intended. In some situations, the devices may fail to respond appropriately to an emergency situation, due to lack of power.

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Many household appliances are designed to improve our comfort and health around the home. There are countless appliances that may be in your home today. What many consumers often forget, however, is that these appliances also pose serious dangers if they are not designed in a safe manner. Recently, the Consumer Product Safety Commission announced that the manufacturer Gree initiated a recall of 2.5 million dehumidifier devices because they are prone to causing fires. The recall happened after Gree received some 450 reports of fires associated with the machines. This has resulted in at least $19 million in property damage.

Gree sells its dehumidifiers under several different brand names, including Kenmore, GE, and Frigidaire. This is not the first time that the devices have been recalled. In September 2013, Gree instituted a recall and then updated it again in October of that same year. The recall was also expanded in January 2014.

Recalled devices include various pint sizes:  20, 25, 30, 40, 45, 50, 65, and 70. The brand names subject to the recall include Premiere, Kenmore, Norpole, Gree, GE, Frigidaire, Seabreeze, SoleusAir, Fellini, SuperClima, De’Longhi, Fedders, and Danby. These devices were sold a at a number of recall locations, including Kmart, Home Depot, HH Gregg, Lowe’s, AAFES, Sam’s Club, Walmart, Sears, Mills Fleet Farm, and Menards. Some of the devices were sold through online retailers like Amazon and eBay as well. Devices subject to the recall were sold between January 2005 and August 2013. They cost anywhere from $110 to $400.

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Earlier this month, a jury returned a massive $70 million verdict against Johnson & Johnson and Imerys Talc America in a lawsuit regarding the company’s talcum powder products. The verdict constituted $67.25 million against Johnson & Johnson, $65 million of which represented a punitive damages award. The jury assigned $2.75 million in damages against Imerys Talc America and $2.5 million in punitive damages. Unlike other types of damages, punitive damages are designed to punish a defendant that engages in willful, malicious, and reckless conduct.

The plaintiff, Deborah Giannecchini, a 62-year-old woman, alleged that she used Johnson & Johnson’s baby powder products for over 40 years until she was diagnosed with ovarian cancer in 2013. Based on her treating physicians’ analysis, Mrs. Giannecchini faces an 80 percent chance of dying as a result of ovarian cancer in the next two years. She has also undergone chemotherapy, radiation, and surgery in an attempt to treat her cancer. During the trial, the plaintiff’s lawyer offered evidence suggesting that Johnson & Johnson had been aware of the link between talcum powder and ovarian cancer for three decades through their possession of scientific studies.

The basis of the jury’s conclusion was that Johnson & Johnson should have provided a warning to consumers about the risk of using talcum powder-based products and the potential to develop ovarian cancer.

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Sometimes it is easy to overlook the fact that there are hundreds of appliances and products in our daily lives that pose latent risks to our health and safety. Something as simple and common as a washing machine can lead to serious injuries if is not manufactured with reasonable safety and diligence. Recently, the Consumer Product Safety Commission issued a confirmation that there are serious risks associated with Samsung’s top-loading washing machines.

According to the public watchdog agency, machines that were sold between March 2011 and April 2016 are prone to exploding when they are run on any setting higher than the delicate cycle. One woman told ABC News that she was standing next to her Samsung top-loading washing machine when it exploded. After the explosion, she discovered fragments of the machine all over the laundry room and described the corresponding sound as being akin to a bomb exploding.

The news outlet has received other reports of similar experiences regarding the Samsung washer. A consumer in Holly Springs, North Carolina discovered that her washing machine had exploded. It was only two months old at the time of the explosion. The Consumer Product Safety Commission has collected over 20 additional reports providing similar accounts of exploding Samsung washing machines. Some of these victims have filed lawsuits against Samsung, seeking damages for their dangerous product. One mother denied an offer of a refund from Samsung, choosing instead to file a product liability action. When asked why she turned down the refund, she indicated that the potential injuries the exploding device could have inflicted on her child were too severe and that she felt compelled to speak out.

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A new study published by the American Association for Cancer Research concluded that the risk of developing cancer as a result of using talcum-based products is higher for African-American women compared to other African-American women who do not use these products. The lead researcher for this study is an epidemiologist based in Virginia. According to the researcher, companies that develop, market, and sell talcum powder products target African-American females when considering how to brand and attract buyers for these items.

What prompted the study was the doctor’s curiosity regarding whether these products actually lead to different types of cancer, including ovarian cancer. The researcher began the study as a self-proclaimed critic, believing that these claims lacked merit. After completing the study, however, Dr. Schildkraut now states that these talc products have a direct link to cancer.

To conduct the study, the doctor assembled a research team that performed interviews of almost 600 African-American women who had ovarian cancer and 745 other women of color who had not been diagnosed with ovarian cancer. Overall, some 63 percent of the participants who had been diagnosed with cancer and 53 percent of the participants who had not been diagnosed with cancer were users of talcum powder products. Based on these figures and other conclusions from the study, the doctor determined that using talcum powder products increases a woman’s risk of developing ovarian or another type of cancer.

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In the recent case of Hosford v. BRK Brands, Inc., the Supreme Court of the State of Alabama considered whether a smoke detector manufacturer could be held liable for the death of the plaintiffs’ daughter, resulting from a fire in the family’s mobile home. The defendant in the lawsuit manufactured two smoke alarms that had been installed in the family’s mobile home prior to when the fire took place. In their complaint, the plaintiffs alleged that the manufacturer designed the smoke alarms in a defective manner and failed to provide sufficient warnings about the dangers associated with the fire alarms.

During the litigation, the plaintiffs conceded that one of the smoke detectors made an alerting sound at the time the fire began. However, they contended that the alarm did not sound soon enough to ensure that the occupants could exit the mobile home safely, which would have required rescuing their daughter before exiting.

The plaintiffs’ complaint included numerous causes of action against the defendant, including a breach of warranty claim, a failure to warn claim, and a negligence claim. They also asserted a product liability claim, which imposes a strict liability standard on the defendant. At the close of trial, the trial court judge concluded that the plaintiffs had only provided enough evidence to support their product liability claim. The jury deliberated and returned a verdict in the defendants’ favor. The plaintiffs appealed.

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