Defective Automobile Parts & Auto-Related Products
Defective automobiles and auto parts is a serious safety issue that has ramifications for the driver, passengers, and just about anyone on or around the roads. According to data provided by the National Highway Traffic Safety Administration (NHTSA), around 1,000 vehicle recalls have been made throughout the previous year (check here for most recent Recall Reports and Completion Rates), and nearly 30,000,000 people have been affected by these recalls. Of the total recalls during the last 4 years:
- 10.80% were related to tires;
- 12.63% was related to a child seat;
- 26.86% were related to auto equipment; and
- 66.23% were related to the body of the recalled vehicles.
Every year, there are many ongoing recalls. You can check on NHTSA’s website to find out if your vehicle is subject to a recall. If you’ve been in an accident you should contact a lawyer, especially if you suspect it was caused by a defect.
Defective Appliances & Furnishings
Defective appliances and furnishings are one of the primary causes of injuries in households. CPSC’s recent annual reports indicate that in one year, around 3.5 million injuries are quite possibly related to defective appliances and furnishings. Children were victims, too, especially from appliances or furnishings that tipped over onto them. The most commonly recalled appliances and home furnishings with recent examples include:
- dressers/cabinets,
- ranges/ovens,
- refrigerators/freezers,
- washer and dryers,
- air conditioners/heating units/space heaters,
- countertop appliances,
- other home furnishings.
As you can see, there is any number of recalls on home appliances and furnishings. To see if something you own has been recalled, you can always conduct a search on the CPSC Recall List website.
Note: To keep you and your family safe from defective products, along with other precautionary measures, you can subscribe to The U.S. Consumer Product Safety Commission’s recall alerts list. In addition, make it a habit to periodically research the products you use, check for safety notices, register new purchases with manufacturers when possible, and follow safe-use guidelines. Staying informed and proactive is one of the simplest ways to reduce the risk of preventable injuries at home.
Defective Beauty Products
Beauty products or cosmetics can be defective due to a chemical substance in the product or not listed in the label. These products can prove extremely harmful and even fatal. Some recent 2020 recalls include:
- Mystic Shield Protection Topical Solution due to undeclared methanol
- Becca Cosmetics Light Shifter Brightening Concealer due to potential mold
- Medline Remedy Essentials No-Rinse Cleansing foam due to B. cepacia (dangerous bacteria that can cause serious infection)
- Saje Natural Wellness Splish Splash Gentle Baby Wash due to the possibility of Pseudomonas aeruginosa (dangerous bacteria that can cause serious infection)
- Yes To Grapefruit Vitamin C Unicorn Paper Mask due to skin irritation complaints
- Johnson’s baby powder due to asbestos (asbestos causes cancer, like mesothelioma, which is not curable and fatal––many lawsuits are pending and several have rendered verdicts for the victims with millions in compensation)
- La Bella Extreme Sport Styling gel due to bacterial contamination (Burkholderia cepacia and a group of related strains)
- Claire’s makeup due to the possible presence of asbestos
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Defective Children Goods
Defective children goods range from clothing to car seats to cribs and playpens and even toys. According to CPSC’s recent reports for Toys and Children Products, hundreds of thousands of children were injured and hundreds were killed nationwide – during the recent years – due to defective nursery equipment, clothes, toys, and other child-related products. Some of the most common defective children goods include:
- Strollers
- Car seats
- Cribs
- Playpens
- High chairs
- Ride-on toys
- Clothing (that are chemically treated or that do not meet fire-resistant standards)
- Infant sleepers or inclined sleepers
Unfortunately, according to CPSC, some of the most common injuries due to the above defective children goods include:
- Burns
- Poisoning (including lead poisoning)
- Falls
- Entrapment
- Crush injuries (from tip-overs)
- Electrocution or shocks
- Lacerations
- Choking
- Infant death, etc.
To make sure your child is safe, you can sign up to receive recalls by email via Safe Kids Worldwide. This organization keeps a complete and regularly updated database of all children’s products that have been recalled. Not only that, they keep an updated database of other relevant recalls that could impact a child, like food and electronic recalls.
Defective Medical Devices
Defective medical devices are a common consumer concern. The process usually begins with a complaint with the Food & Drug Administration (FDA) and then an FDA recall of the same. Recalls of medical devices are categorized as:
- Class 1 (dangerous or defective products with the potential to cause serious health issues or death);
- Class 2 (dangerous or defective products that could cause temporary health issues or create a risk of more severe health problems; and
- Class 3 (not a dangerous product but a product absent FDA-required labeling or a product in violation of regulations).
Examples of defective medical devices with recent and/or pending lawsuits include:
- Hip implants––hundreds of lawsuits have been filed nationwide due to pain, stiffness, discomfort, and inflammation, among other injuries
- Pacemakers implants––hundreds recalled recently (many because of the battery failure)
- Breast implants––in recent years, BIOCELL breast implants and BIOCELL® textured breast implants and tissue expanders were on recall due to an increased risk of anaplastic large cell lymphoma (BIA-ALCL)
- Surgical mesh––recently, multiple hernia mesh and vaginal mesh products have been involved in class action lawsuits, multi-district lawsuits (MDLs), and personal injury and wrongful death lawsuits in California and nationwide.
Other medical devices that have been recalled in recent years include but are not limited to the following cases: Alaris, BodyGuard, TTDeye, CMEAmerica, and many more.
Defective Pharmaceutical Products
Thousands of prescription and over-the-counter medicines have been recalled over the last decade due to their potential risks, harm, and lack of proper labeling, instructions, or warnings. Many drug recalls are started when side effects or adverse reactions––before unknown––materialize in a number of people after the use of the drug. Recalls can be initiated by the drug manufacturer or the FDA. Examples of recent drug recalls include:
- Time-Cap labs Inc. Metformin Hydrochloride for Extended-Release Tablets, USP 500 mg and 700 mg
- Smart Care hand sanitizer
- Cleaner hand sanitizer
- Riomet ER Metformin Hydrochloride for Extended-Release Oral Suspension
- NP Thyroid 15 & NP Thyroid120 Thyroid tablets
- M Hand Sanitizer Alcohol Antiseptic 80%
- Red-E male enhancement tablet
- Mylan Tranexamic Acid and Amiodarone HCl injections
- AND MANY MORE.
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What Defenses are Available to Product Liability Defendants in Los Angeles?
Understanding the potential defenses that a defendant may try to use to avoid or reduce a settlement or verdict award is important if you want to successfully counter that claim. Here are the primary defenses that a defendant could use if the facts and circumstances support it:
- Mistaken Identity: the defendant did not design, make, distribute, or sell the defective product.
- Mistake: the product is not defective.
- Assumption of Risk: the plaintiff knew there was a danger associated with the product and used it anyway.
- Failure to Satisfy the Elements of the Claim: for example, no injuries were sustained, the plaintiff’s use of the product was not reasonably foreseeable, or the product was not defective when it left the defendant’s possession.
- Contributory Negligence: the plaintiff was negligent in the use of the product.
- Expiration of the Statute of Limitations: Typically, you have two years to file a Product Liability injury lawsuit in California––the clock starts ticking on the date of the injury. The statue of limitations in each and every case may vary, depending on the circumstances and various factors. Therefore, it’s a great idea to always consult a qualified attorney regarding your particular legal matter.
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Product liability cases are complex and highly technical. Contact us so that we can quickly evaluate your case and inform you about the legal options and remedies you may possibly have.
