Articles Posted in Product Liability

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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Monsanto is a major chemical producer that primarily provides chemical inputs to farmers and other agricultural operations. One of its most common products that can even be found in some urban dwellers’ pantries is Roundup, a chemical used to kill certain weeds. The main ingredient in Roundup is glyphosate. This chemical is applied to genetically modified crops that are engineered to withstand Roundup, allowing the chemical to kill other weeds and unwanted plants.

According to the World Health Organization’s International Agency for Research on Cancer, glyphosate is “probably carcinogenic to humans.” In response to many of these claims and other criticism over glyphosate’s allegedly harmful attributes, Monsanto insists that Roundup is “safe enough to drink.” In 2015, Monsanto reported receiving $4.8 billion in sales from Roundup alone.

A recent lawsuit is challenging Monsanto’s claims regarding Roundup’s safety. According to four farmers from Nebraska, the chemical has caused them to develop non-Hodgkin’s lymphoma. This disease is a form of cancer that originates in the lymphocytes that comprise a part of the body’s immune system. These lymph nodes and other lymphatic tissue like the spleen and bone marrow are a vital part of the body and can act as a conduit to spread cancer cells elsewhere.

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The U.S. Food and Drug Administration has recently issued a safety alert for Wen hair conditioner products. According to the federal agency, these products may result in severe breakage, balding, rashes, itching, and hair loss. The products are the subject of ongoing litigation that was commenced in 2014 through a class action lawsuit. The low-lather conditioners, which were developed by celebrity stylist Chaz Dean, have been the subject of over 127 FDA complaints from consumers.

According to the safety alert, this issue constitutes the most reported adverse event associated with a hair product. In addition to the 127 complaints sent to the FDA, roughly 21,000 complaints were delivered to Chaz Dean, Inc., by consumers who used the product and experienced negative consequences.

The FDA safety alert states that the reason behind the adverse side effects is unknown and that the company that makes Wen cleansing conditioner products has been asked to provide data that could help the consumer safety agency determine the issue. There are a variety of ingredients in the products, many of which are harmless. Chamomile, aloe vera, soy protein, and almond oil are examples. A few ingredients are not as benign, like methylisothiazolinone and methlchloroisothiazolinone. Both of these preservatives have been associated with eye, skin, and lung irritations. The Environmental Working Group prepared a report about the side effects and dangers associated with these preservatives.

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Some products pose obvious dangers to our well-being, like kitchen appliances, cars, and sporting equipment. When seemingly harmless objects cause serious injuries to us or our loved ones, it can be quite alarming. Recently, international furniture and home goods retailer IKEA initiated a recall of 29 million chests and dressers that have been linked to at least six child deaths that date all the way back to 1989, as well as at least 36 injuries. Based in Sweden, IKEA is the largest retailer of furniture in the world. The accidents occur when the dressers’ drawers are pulled out and children climb on the drawers like a staircase. The weight of the child tips the dresser or chest over and crushes them beneath it.

The chairman of the Consumer Product Safety Commission, Elliot F. Kaye, stated that the furniture is simply too dangerous to keep in your household if you do not properly anchor it to the wall, particularly if you have young kids in the house. Lars Petersson, the president and CEO of IKEA USA, issued a statement saying that the furniture was never intended to be used without the anchoring equipment, which secures the dressers and chests to the walls against which they are placed. In a recent interview, Petersson said, “If you are assembling correctly, the product is actually a very safe product.”

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Moll Law Group has filed its first lawsuit against Johnson & Johnson, seeking damages on behalf of a 39-year-old woman who was diagnosed with ovarian cancer following her use of the company’s talcum powder-based products. In the lawsuit, which is captioned Barbara Ross v. Johnson & Johnson, et al., the plaintiff was diagnosed in 2014. She used Johnson & Johnson’s products for feminine hygiene purposes as part of her daily shower routine for 23 years, including Baby Powder and Shower to Shower.

In the complaint, the plaintiff alleges that her continuous use of these products directly resulted in her developing ovarian cancer and suffering other devastating and potentially fatal injuries in addition to infertility and serious mental and emotional suffering. Some sources suggest that the major international pharmaceutical and household product maker knew about the potential risks associated with talcum-based products for several years but failed to provide adequate warnings to consumers.

Talcum powder is derived from a mineral substance that has known similarities to asbestos, which is a known carcinogen. According to a group of researchers at Harvard University who conducted a study, women who used talcum powder-based hygiene products had a 36 percent higher risk of developing ovarian cancer compared to women who did not use talcum-based products.

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These days, a number of futuristic toys and machines are hitting the market, including hoverboards, drones, and the infamous Segway. This last device is a two-wheeled scooter that allows the rider to stand up while riding and steer the machine, which includes a self-balancing mechanism. Although many people have enjoyed riding Segways, and the devices have become popular at many tourist attractions, they are incredibly dangerous and can lead to serious injuries or even death.

In 2010, for example, a British entrepreneur died after the Segway he was riding drove off a cliff on his estate in Britain. The entrepreneur had purchased the company less than a year before the tragic accident. At the time of the accident, he had been driving one of the off-road models of the Segway, designed to handle more rugged terrain than common urban environments. This is not the only incident of injuries associated with Segways, with hundreds of people reporting to emergency rooms with serious traumas. According to a case review of injuries associated with Segway devices released in 2010, some of the most common injuries associated with the device are facial traumas, head injuries, and broken bones.

With tens of thousands of Segways in operation in the United States, many physicians and public health experts have asked the U.S. Consumer Protection Agency to promulgate stricter safety regulations for the devices to keep riders from harm. The study also urged riders to wear helmets and other protective equipment when riding Segways, which can be particularly important if the rider is inexperienced.

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