Articles Posted in defective products

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Mitchell v. City of Warren, a case from the United States Court of Appeal for the Sixth Circuit, involved a rather unusual set of circumstances that resulted in the tragic death of plaintiff.

1235172_beeAccording to court records, an officer responded to a call for assistance to provide backup to another officer who was in the process of conducting a traffic stop. The first officer alleged plaintiff was driving with expired license plates when the officer initiated the traffic stop. The 16-year-old plaintiff then allegedly ran from his car and tried to hide in an abandoned house. Continue reading

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According to a recent news report from the Calgary Herald, a man was operating his string trimmer (commonly called a “weed eater” or weed whacker”) when it picked up a stray nail and threw it into his eye.

eye-macro-1189098-m.jpgThe 27-year-old landscaper could have suffered a fate much worse when the three-inch nail penetrated his eye and traveled into his brain. A neurosurgeon at Massachusetts General Hospital (MGH) who treated victim said when you looked at him, all you could see was the head of the nail sticking out of his right eye.

This medical case history made into the New England Medical Journal as doctors used a new type of CT scanner to get detailed imaging of his eye and brain, as they were unable to determine the length or path of the nail from an external examination. One radiologist who helped perform the scan said the nail was very deep and had almost punctured victim’s other eye.
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When we purchase clothes for young children, we normally think about how they will fit and whether they will look good. We normally do not worry about whether they present an unreasonable risk of burn injuries due to a defective design.

We don’t concern ourselves about this because we assume manufacturers of children’s clothing have followed the law and all recommended safety guidelines and do everything in their power to avoid safety risks. We also assume if a company learns of a problem, it will immediately issue a voluntary safety recall and notify the public.

707631_fire_truck.jpgAccording to a recent news article from WFLA News, one manufacturer of children’s pajamas is recalling its products as a result of a violation of the federal flammability regulation. Officials have reported the pajamas in question pose a significant safety risk due to burn injuries.

In response to this alleged violation of federal flammability standards, the company says they are recalling around 8,000 units affected by this issue. The company also urges parents to have their children stop wearing the potentially hazardous pajamas immediately. The pajamas involved in the recall were one-piece and two-piece sets made of 100 percent polyester. Fortunately, no injuries have been reported as result of the burn hazard, but these allegedly defective children’s pajamas were sold from 2012 to 2015.
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In Stuhlmacher v. Home Depot U.S.A., Inc., plaintiff was injured in November of 2008 while building a cabin for his parents. The cabin was in Sullivan, Indiana. A few days before his accident, plaintiff purchased a four-legged stepladder from a big box hardware retailer, so he could work on the roof.

stair-folding-1185444-m.jpgDuring his first time using the ladder, it fell from the side of the house. He grabbed onto the rafters and then fell to the ground on the right front rail of the ladder. His groin made contact with the ladder when he fell. He suffered a shoulder injury, but his most serious personal injury was to his penis. His doctor diagnosed plaintiff with Peyronie’s disease.

Peyronie’s disease is painful condition that causes one’s penis to become bent, which among other things prevented plaintiff from having sexual intercourse with his wife.
As our Boston personal injury attorneys can explain, when a victim of a personal injury is no longer able to have a normal intimate relationship with his or her spouse, the law provides a remedy known as loss of consortium damages, which can be awarded to the victim’s spouse.
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According to recent news report from CNN, professional golfer Greg Norman was hospitalized after being injured in a chainsaw accident. Norman had posted pictures of himself with the chainsaw on the social media platform Instagram with a caption that it was time trim the sea grapes and that you should never pay someone to do a job you can do yourself.

1314902_medical_doctor.jpgLater that same day, Norman posted another photograph showing himself in a hospital with an air cast on his arm. In this photograph he told viewers that he was lucky to be alive, to always respect chainsaws, and the he still had the use of his left hand.

It has been reported that he injured himself while using the chainsaw and required surgery to repair the resulting nerve damage. He is expected to make a full recovery.

While it appears that Norman will be okay when his arm heals, our injury attorneys in Boston know accidents involving power tools and heavy machinery often end with more tragic results.

While there are many occasions where the injury was truly an accident for which nobody was at fault, there are also times when the injury is the result of a defectively designed tool, or the result of the manufacturer failing to adequately warn users of dangers the company knew or should have known about.
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Our Boston wrongful death lawyers understand that in some cases, proving a relationship between a plaintiff and third party may require significant litigation.

UF_charges_DC.jpgVesely v. Armslist LLC, a case heard in the United States Court of Appeals for the Seventh Circuit, involved a woman killed by a man she met on an internet dating website. The man attempted to pursue a romantic relationship with the decedent, but she declined his advances.

After being rejected by the victim, the man purchased a .40 caliber handgun from a man in Seattle via an online classifieds page created to facilitate the purchase and sale of weapons. The website featured several disclaimers that stated owners of the site are in no way involved in any transactions between parties and that they in no way guarantee the legality of any transaction conducted via the website.

According to the website, any person who engages in a transaction is responsible for following all state and federal laws pertaining to the sale of guns and ammunition, and if a party has any questions, they should contact the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) directly.
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Our Boston personal injury lawyers know rules of evidence can lead to complex litigation.

pistol-443691-m.jpgIn Lee v. Smith & Wesson Corporation, the plaintiff was injured while shooting target practice with his revolver manufactured by the defendant. The plaintiff fired two shots without incident and, on the third shot, was severely injured when the gun hit him in the eye.

According to the plaintiff’s testimony, the cylinder that holds the bullets swung open after the shot was fired due a manufacturing defect and hit him in the safety glasses. The safety glasses broke, causing significant trauma and loss of vision to his right eye.
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In May 2009, engineers at GM learned that black box evidence obtained from Chevrolet Cobalts confirmed that hundreds of thousands of cars had fatal defects. The evidence showed that if the vehicle was bumped or weighed down, the engine’s power could shut down and deactivate airbags. Despite this knowledge, along with additional documents and studies that confirmed the report, GM told families of accident victims that it did not have enough evidence to confirm the defect. After years of denial, GM finally recalled 1.6 million Cobalts and other vehicles that could also be affected by the defect.
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When a defective or dangerous product causes harm to a consumer, the company must be held liable. While many corporations may fight allegations on other grounds, this is a case of egregious deceit in an attempt to deny victims their rightful recovery. Failure to admit the fatal defects has also put hundreds of thousands of additional motorists and their passengers in danger. Our Boston personal injury attorneys are dedicated to protecting the rights of accident victims.
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When looking for a new bicycle, most of us want one that fits our needs. Whether that’s our color preference, the size or the way it rides, we all want a bike that will work for us. But how many of us think about safety when purchasing a new bike? We kind of just assume that it’s made properly and default free upon purchase.

But often we’re wrong.
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Officials with the U.S. Consumer Product Safety Commission (CPSC) have recalled a number of bikes in recent weeks. These recalls have been because of faulty brakes, fall hazards and serious injury risks.

Our Boston defective products attorneys understand that consumers were deluged with 2,363 recalls last year, or about 6.5 recalls each day, covering consumer products, pharmaceuticals, medical devices and food, according to data from the U.S. Food and Drug Administration (FDA), the Department of Agriculture and the Consumer Product Safety Commission.

Many of these recalls involve expense bikes aimed at serious riders.
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In previous posts we have discussed the injuries and deaths involving Toyota’s “sudden acceleration” accidents. While Toyota once objected to the notion that the vehicles automatically accelerated and caused accidents, the company has now agreed to move forward in an intensive settlement process on behalf of accident victims and their families. As with most large-scale product liability and defective products cases, the facts can be complicated and involve numerous victims. In this case, the company is likely moving forward to prevent additional public exposure and to prevent an extended trial period for these cases.

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Any car accident case may involve a defective part or product. If you or someone you love was involved in an accident, you should consult an experienced advocate who can investigate your case and uncover the cause of the injuries or fatalities. Our Boston personal injury attorneys are experienced with complex car accident and products liability claims and can effectively protect your rights and interests. We are also dedicated to staying abreast of cases involving multiple injuries and accidents caused by defective products.
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