Examples of Common Defective Product Cases in California
There are many different types of defective product claims and lawsuits. Below is a brief description of some more recent product claims in California and nationwide.
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), more than a 1,000 recalls have been made throughout the last year or two (specifically 1,035 in 2018 and no data yet available for 2019), and more than 35,000,000 people have been affected by these recalls. Of the 1,035 total recalls in 2018:
- 10 were related to tires;
- 1 was related to a child seat;
- 110 were related to auto equipment; and
- 914 were related to the recalled vehicles themselves.
Some current auto or auto-part recalls include:
- Takata airbag defect in 2002 Honda Civics––improper rupture of airbags during a crash and can (and has) caused fatalities
- 2020 Ford Edge, Escape, Expedition, and Explorer SUVs, Ford F-150, Super Duty F-250, and F-350, and Ranger pickup trucks, Mustang pipes, transit vans, and Lincoln Corsair and Nautilus SUVs––poor electrical connect that reduces rearward visibility and increases the risk of a crash
- 2020 Land Rover Range Rover Sport SUVs with 19-, 20- or 21-inch wheels––improper labeling and/or inaccurate pressure monitoring system
- 2019 Ford Super Duty F-250 and F-350 heavy-duty pickup trucks with single-rear wheels, dual-rear wheels, and 4×4 capability––front axles could contain an improperly welded wheel-end yoke and could increase the risk of a crash
- CFMOTO recalls recreational off-highway vehicles due to crash hazard
There are many more 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 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 2017 annual report indicated that in one year, more than 3.5 million injuries were 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, e.g.:
o Million Dollar Baby Dressers recalled by Bexco due to tip-over hazards (toddler deaths reported)
o Natart Chelsea Dressers recalled by Gemme Juvenile to reduce tip-over hazard (toddler death reported)
o Herman Miller and Design within Reach recalled dressers and cabinets due to tip-over and entrapment hazards (no deaths reported)
- ranges/ovens, e.g.:
o Whirlpool recalled Jenn-Air Wall Ovens due to risk of burns
o Prizer-Painter Stove recalled some gas ranges and wall ovens due to burn hazards
o Prizer-Painter Stove recalled BlueStar Wall ovens recalled due to fire hazard
o Electrolux recalled Kenmore Elite Rangers due to fire and burn hazards (sold exclusively at Sears)
- refrigerators/freezers, e.g.:
o Liebherr recalled refrigerators due to injury hazard and door detaching
o Viking recalled built-in side-by-side refrigerator-freezers with in-door dispensers due to fire hazard
o Liebherr recalled built-in refrigerators due to injury hazard and door detaching
o Haier America recalled chest freezers due to fire hazard
- washer and dryers, e.g.:
o GE Appliances recalled top-loading clothes washers due to fire hazard
o BSH Home Appliances recalls dishwashers due to fire hazard
o ASKO recalls dishwashers due to fire hazard
o LG Electronics and Sears recalled gas dryers for repair due to fire hazard
o LUS recalled hair dryers due to electrocution or shock hazard
- air conditioners/heating units/space heaters, e.g.:
o Goodman Company recalled air conditioning and heating units due to burn and fire hazards
o LG Electronics recalled portable air conditions due to fire hazard
o A.O. Smith recalled John Wood brand oil-fired water heaters due to fire and burn hazards
o Dyson recalled bladeless portable electric heaters due to fire hazard
o PetSmart recalled top fin plastic aquarium heaters due to electrical shock hazard
o Gian Factories recalled water heaters due to risk of fire and explosion
- countertop appliances, e.g.:
o Kenmore microwave ovens recalled due to burn hazard (made by Guangdong Galanz and sold exclusively at Sears and Sears Hometown and Outlet stores) due to incorrect wiring presenting as a burn hazard
o Whirlpool recalled microwaves due to fire hazards
- Other home furnishings, e.g.:
o Harbor Breeze Kingsbury ceiling fans recalled by HKC-US due to impact and laceration injury hazards (sold exclusively by Lowe’s stores)
o CB2 recalls Bordo Dining Tables due to injury hazards.
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.
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
Schedule your case review now.
It’s cmpletely free: NO hidden fees, NO obligation, NO Pressure
Defective Children Goods
Defective children good range from clothing to car seats to cribs and playpens and even toys. According to CPSC’s 2017 report, almost 100,000 children were injured and 70 were killed nationwide 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
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
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 Dietary Supplements
Everyone wants to gain an edge on their health, and dietary supplements can be a key component. Unfortunately, some supplements can also prove dangerous to your health due to a deficiency in the design, manufacturing, or failure to warn or list accurate instructions on the use. Here are recent 2020 recalls of some potentially defective dietary supplements:
- Kraken Kratom, Phytoextractum, & Soul Speciosa White vein powder & capsule red vein powder products due to potential to be contaminated with Salmonella
- Eclipse Kratom-containing powder products due to Salmonella
- Back to Health and Healthy Home Center Inc. pre-workout dietary supplements due to undeclared milk
- Club 13 Kratom Maeng Da Red due to the potential to be contaminated with Salmonella
- Prescript-Assist Probiotic and prebiotic dietary supplement due to undeclared allergens, including almonds, crustaceans, milk, casein, eggs, and peanuts
- Platinum, Slimming Plus, and more dietary supplements due to undeclared active pharmaceutical ingredients (API)
- Mountain Rose Herbs Organic Kudzu Root Herbal Supplement due to potential to be contaminated with Salmonella
- Up2 and Bow & Arrow Up2 THERE IS NO OTHER All Natural Libido for Men & Women Dietary Supplement and Bow and Arrow libido enhancer for men due to the presence of sildenafil
- Nopalina Flax Seed Fiber Powder and Capsules due to potential for Salmonella
The above are just a few of the total number and range of defective dietary supplements currently on recall and currently posing a health risk to consumers.
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 in 2017 due to possibility of hacking but also St. Jude pacemakers were recalled (nearly 400,000 of them) in 2017 because of battery failure
- Breast implants––currently BIOCELL breast implants and BIOCELL® textured breast implants and tissue expanders are on recall due to an increased risk of anaplastic large cell lymphoma (BIA-ALCL) and a class-action lawsuit is pending
- Surgical mesh––currently multiple hernia mesh and vaginal mesh products have been are continue to endure 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 2020 alone include but are not limited to:
- Alaris BD Alaris System Hardware due to potential for four hardware situations that may result in the infusion pump not operating as expected
- BodyGuard Infusion System Administration Set (infusion set) due to the potential that the pump system could cause over-infusion or under-infusion of therapy
- TTDeye colored contact lenses due to distribution without FDA clearance and may pose a health risk
- CMEAmerica BodyGuard Infusion pumps and infusion sets due to malfunctioning pumps
- Many more.
Still wondering about your case? Let’s talk.
No worries: free, confidential, and personal consultations are our first promise.
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
- Many more.
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 lawsuit in California––the clock starts ticking on the date of the injury.
Find a Qualified, Resourceful Defective Product Attorney in Los Angeles Today
Product liability cases are complex and highly technical. Contact us so that we can quickly align your case with a smart, resourceful defective product attorney in Los Angeles today.
