Personal Injury Product Defect Specific Cases

This blog post deals with specific cases of product defects that have caused serious personal injury

Personal Injury-Product Liability In Personal Use Items

Batteries

Lithium-ion batteries are all over. They are in cell phones, laptops, and a host of consumer devices. Smartphones are as thin as they are because of these batteries. There are billions of these batteries in use. They pose a danger in that they may explode or catch fire. They are supposed to shut down rather than cause a fire. The problem is that the part that separates the positive cathode from the negative anode may break. This allows contact between these layers. This causes heat and causes the electrolyte solution to expand and ignite or explode. Electricity in a battery is caused by the the ions passing to the positive side. As long as this is done in the controlled fashion, then electricity is the only result. 

It is believed that batteries carried in cargo planes were the causes of two fatal crashes in recent years according to the Airline Pilot Association International. 

Model airplane hobbyists, also use these batteries to allow prolonged flight for their planes. Most such owners have long known that these batteries explode upon impact. 

Drop Side Cribs

On December 15, 2010 the CPSC voted to ban the making, sale and resale of cribs which have a side rail that moves up and down. The purpose of a side rail is to allow parents to more easily lift the child. The problem is the drop side rail partially detaches from the crib creating a V-like gap between the mattress and the side rail. The baby can get caught there and smother. Hotels and childcare centers cannot use these cribs. Call or contact us for a free consult. 

Bunk Bed Entrapment

Bunk bed entrapment of a small child can result in serious injury or death. The space between the bed frame and the guardrail on some bunk beds is large enough for a child’s body to slip through. The head does not slip through resulting in the child hanging to death. It is well known that children over the age of one begin trying to climb out of their beds. With their new-found mobility and lack of judgment they are excellent candidates for entrapment in bunk beds. The standard across the industry is that children of that age should not be put on the top bed of a bunk bed. 

Standards 

Standards have been published by the American Furniture Manufacturers Association (AFMA), the CPSC and the American Society for Testing and Materials. All of these are sources to check as to standards in regards to bunk beds. 

In handling cases of this nature there are several things that need to be done: 

• Get hold of the bed.
• Measure the bed and photograph and videotape the process of taking such measurements.
• Check any labeling on the bed to identify the maker and the date.
• Also locate the retailer since the maker may allege the retailer modified the bed.
• In addition get a copy of any 911 calls along with governmental reports.

Stove Range Defects

Stove range defects are a hidden hazard in many homes. The hazard that many people are not aware of is that of range tipping. If a range tips as a result of a child putting weight on an open door that results in burns from the f01 ward tipping range. Once that door is open then it is low enough for a child to climb on. As a result, that forward tipping can be initiated by a weight of 30 pounds or less. 

UL 

UL has published standards to prevent tipping. This has required makers to develop anti-tipping brackets. These secure ranges to either the floor or the wall. However there are a number of limits on these brackets. Certainly if properly installed they can reduce the chance of range tipping. 

In a suit involving range tipping the defendants are the maker, the retailer, the installer and, if in an apartment, the landlord. The maker can be found by getting the number on the UL label. Claims against landlords may be based on a failure to secure the stove. The Institute of Real Estate Management has provided some standards in regards to these products. 

An engineer with knowledge of safety issues may be needed as an expert witness as to how the stove should have been installed. 

The concept of post-sale duty to warn of defects is something that also needs to be looked at. The National Safety Council has published a protocol as to when post-sale notices are needed. Likewise, the CPSC has a Recall Handbook that addresses when post-sale notices should be given. Call or contact us for a free consult. 

Propane Heaters Cause Carbon Monoxide Injury

Propane heaters can cause carbon monoxide injury. These heaters are intended for outdoor usage by campers. Many of these heaters contain no warnings that if the heaters are used in an enclosed area they can cause injury. The concept that such a heater is an outdoor device is a bit of an oxymoron. These heaters are not commonly used outdoors. Propane heaters are commonly used inside a tent, an RV or other enclosed space to warm the area. Warnings stating that there is a need for ventilation are not consistent with usage in a tent, RV, or other enclosed space. 

There are a number of theories of liability relating to propane heater injuries: 

• In a restricted space the heater sucks up oxygen and produces carbon monoxide. There are heaters that warn the user audibly if the oxygen is being depleted. In addition, there are “flame out” featmes that will actually cause the heater to turn off if the carbon monoxide level gets too high.
• The failure to warn may apply. The warning should be clear that the consequence can be death.

Personal Injury-Product Liability In The Workplace

Machine Entrapment

Machine entrapment cases are less common today than they were years ago. Guarding techniques have been employed. The most common entrapment accidents involve legs or arms caught between two or more moving machine parts. Therefore the question in these cases is whether the defect could have been designed out, if not could it be guarded against and if not was a warning provided. From a cost point of view designing the hazard out is the most costly. Guarding is almost as costly. The least expensive is providing a warning. 

In looking at machine entrapment cases workers may make errors in: 

• Misjudging reaction times. They assume they may be able to see a hazard and react to it in time to avoid it.
• Misjudging visual perception. They believe that they will always be able to see the hazard. However rotating objects such as blades appear to be standing still even though they are moving at high speed.
• In addition, momentary distraction may disrupt the rhythm of the worker.

There are a number of different standards applicable to entrapment cases published by ANSI and also the Product Standards Index. Call or contact us for a free consult. 

Fertilizer Explosions

On April 17, 2013 a fertilizer plant in Texas exploded. The fertilizer plant had no sprinklers. It had no fire walls. It had no water deluge system. Safety inspections at the plant were, at best, sporadic. 

It so happens that small fertilizer plants across the nation are overseen by a number of governmental agencies. Each with limited power. The source of the explosion in this case was ammonium nitrate. This is the chemical used to build the bomb that blew up the federal building in Oklahoma City in 1995. 

Guidelines

What is missing are any guidelines as to how close a plant like this can be to homes. There is no U.S. agency that judges how close such a plant can be to homes. That is left up to the local zoning office. In the state of Texas zoning is de minimis. As a result it is not unheard of to have a plant close to schools and houses. 

This blast destroyed an apartment complex, a nursing home and houses in a 4-block area. The company in this case not only stored but also distributed and blended fertilizers. The plant had been cited by EPA for not having an up-to-date Risk Management Plan. That breach was resolved. The company submitted a new plan in 2011. However that plan stated the company was not storing or handling any flammable substances. In addition the plan did not list fire or explosion as a danger. 

Personal Injury-Product Liability in Foods

Energy Drinks

Teenagers and young adults have become the focus of marketing for energy drinks. The two most famous such drinks are Red Bull and Monster. 

These flavored drinks contain high amounts of caffeine. In addition they have other stimulants that stimulate the central nervous system and the heart. They can cause caffeine shock, heart attacks, irregular heartbeat, strokes and other problems. 

The industry in 2011 grossed $8.9 billion. That is up from the previous year. These types of drinks are dietary supplements. They are not governed by the U.S. As a result these drinks can be purchased by children or anybody else who simply has the money to pay for them. 

Companies that make these drinks promote conceits and other things that young people are interested in. Since they are not controlled by the U.S. there is no duty on the part of the maker to disclose the true ingredients. Call or contact us for a free consult. 

Dangers

There are several dangers associated with these products:

• Increased blood pressure and heart rate which can affect even healthy young people. These are special dangers to those with high blood pressure or heart problems.
• These drinks interact dangerously with any blood pressure medicine.
• People who are not used to caffeine intake may have adverse reactions.
• Pregnant women are at risk for a host of problems including miscan’iage, stillbirths and poor gestational development.

The warning that is on the Monster product states that it should be consumed responsibly. In addition it states the user should limit themselves to 2 cans per day. Also the warning says it is not advised for children, pregnant women or people that are sensitive to caffeine. This tells the user very little about the risk. 

In looking at a case involving this product the potential defendants are the maker and the retailer. 

Overuse of Antioxidants

Antioxidants are either vitamins, minerals or enzymes. Enzymes are protein molecules that assist chemical reactions in order to allow your cells to properly function. What antioxidants do is to block the action of f unstable chemical fragments that can cause harm. These fragments can cause cells to grow and reproduce abnormally. Your body produces these fragments during exercise and also while converting food into energy. In addition, such things as smoking, drinking alcohol, being exposed to sunlight and to certain contaminants can produce more of these fragments. Antioxidants, especially those in fruits, vegetables and whole grains counteract this process. People who consume a greater amount of antioxidant-rich foods have a lower risk of certain diseases. 

However, the idea that more is better is not necessarily true with antioxidants. Too much can be a problem.

For more information about product liability see the pages on Wikipedia.

Autos and Product Defect Cases

Automobile Safety Data

Automobile safety data is now more available due to the excellent work of a motor vehicle safety advocate in Massachusetts. His name is Sean Kane.  Mr. Kane has developed the Vehicle Safety Information Resource Center (VSIRC). This is a massive database of motor vehicle safety records. Also it includes documents from a host of entities including the National Highway Traffic Safety Administration (NHTSA).

This database contains four basic categories of info. They are recalls, defects and investigations, consumer complaints and crash compliance tests.

Data On Similar Cars

Within this database the user can research a particular year, make or model  The user will receive results for all substantially similar vehicles.  For instance, if your focus is on one model the VSIRC will retrieve info on what are called model twins. This is true even though they may be made by a different manufacturer.

This database takes a great deal of the unknown out of searching government websites. Many of these sites are coded. Unless you are aware of the coding process you will never get a complete picture relating to your question.

See Vehicle Accident  and Car Accident litigation page of our site for more information on auto accidents. Call, or contact us for a free consult.

Rollovers

Rollovers continue to be a problem with many vehicles. The doctrine of crashworthiness is a part of product liability law. It was developed many years ago. It is based upon the duty of auto makers to protect occupants in foreseeable crashes.  The nature of the defects that may cause injury to passengers are inadequate roof and pillar strength, seat belts that unlatch or seat belts that do not properly hold the occupant. In addition there may be door latches and locks that fail allowing ejection. There may be lack of proper glazing of windows that otherwise would keep occupants inside. Finally there may be lack of airbags that can prevent ejection.

Vans

A common culprit in these rollover cases is the 15 passenger van.  These vans were originally designed to carry cargo.  They are classified neither as passenger cars nor as school buses. As a result they are exempt from some U.S. standards. These 15 passenger vans have a higher rollover risk than do other light trucks or vans.  In addition when they have 10 or more passengers then the rollover rate in single vehicle crashes is nearly three times the rate of those that were lightly loaded.

In looking at any rollover case there are many factors to be looked at:

Construction

• Roof crush.  The entire roof structure should be designed as a safety cage. It should create a survival space for occupants. You need to know if the testing done by the maker reflects the dynamic forces in an actual rollover. Did the testing account for the fact that the windshield may break before the roof collapses. This reduces roof strength.
• Seat belts.  Seat belts need to be 3 point belts. They need both lap and shoulder components.  The restraint system should function to keep the passenger in the seat and away from the roof. This also prevents ejection.
• Window glazing.   Laminated safety glass prevents passenger ejections.

Latches,Padding, Airbags

• Door latches.  The purpose is to keep the doors closed so that passengers are not ejected.
• Padding.  Padding is necessary as part of the roof to protect the occupant’s head.  It is also needed around support pillars and side rails.
• Side curtain air bags.  These are designed to stay inflated during  a rollover for six seconds or longer while the vehicle is actually rolling.

High Center Of Gravity

Rollover injuries due to high center of gravity are most common with these vans, certain sport utility vehicles and certain types of Jeeps. Ford Motor is the leader in the 15-passenger vans.  When designing the van, Ford opted to add another 20 inches to the back of the van for another seat.  This had the effect of increasing the load. In addition it put more rear overhang behind the rear axle.  The effect was to move the van’s center of gravity up and rearward.  Ford’s own documents show that its engineers looked at other designs that would have been safer.

Increased Load

Loading with cargo strapped to the roof makes these vans more unstable.

The National Highway Transportation Safety Administration (NHTSA) found that when the 15-passenger van was loaded to full capacity the rear tire bore over 65% of the weight.

Whether dealing with this van, a sport utility vehicle or certain jeeps the key is to lower the center of gravity.  The most straight forward way is the addition of dual rear wheels. Also this reduces the chance of loss of tire pressure on the real wheels.In addition it reduces the overall center of gravity. The failure of many makers to conform with the basic need for a lower center of gravity may be a basis for liability.

The National Highway Traffic Safety Administration (NHTSA) has issued a number of different regulations dealing with some of these issues. Call, or contact us for a free consult.

Product Defect Cases Involving Tires

Tire defect cases require knowledge of how tires are made. A tire defect contributing to the crash may give rise to a product liability claim.

In any tire defect case the first step is to find out who is the maker. If this is not seen from the remains of the tire then further inquiry needs to be done.  The Department of Transportation Number is normally on the tire on the axle side.  A book known as Who Makes It and Where is in most tire stores. It will tell you who the maker is based upon the DOT number.  This number will also tell you the plant where the tire was made and the date when made.

Parts Of The Tire

A steel belted radial tire has several parts. The inner lining, two polyester body plies, two steel belts, two bead reinforcing strips, the sidewall rubber and a tread.These parts are assembled in their uncured state. Then they are put through a vulcanization process involving extreme heat and pressure.

Causes Of Failure

The different causes of tire failure are:

• Tread separation.  The top steel belt and tread may become detached from the rest of the tire.
• Sidewall failure.  This may consist of a hole or a split in the sidewall caused by under inflation or contact with a sharp object.  If that is the case, then this may be a tough case to proceed with.
• Bead failures.  The bead is the part of the tire that comes in contact with the wheel.  It acts as an anchor holding the tire to the rim.
• Ozone cracking.  This shows itself by small cracks or breaks on the surface of the rubber.  This is may be the result of maker error.

Tires more than six years old present an increased risk. A maker’s failure to warn of this may itself be a basis for liability.

Product Defect Cases Involving Seat Belts

Seat belt injury claims received a boost from the U. S. Supreme Court on February 23, 2011. The Court ruled that a case against Mazda, claiming that Mazda was liable for installing lap belts instead of lap and shoulder belts in its 1993 MPV minivan, could proceed.  The Court said that a U.S. rule that allows auto makers to elect the type of seat belt in minivans does not protect them from being sued if they pick one that is less safe.

In 1989 the DOT said that lap and shoulder belts were required for minivan front seats and rear outer seats. Makers had a choice of which belt to install for the rear middle and aisle seats.  These rules were later changed in 2007 to require lap and shoulder belts for all seats.  The Supreme Court said that the DOT’s main reason for not requiring lap and shoulder belts was the cost factor.  Call, or contact us for a free consult.

Product Defect Cases Involving Power Windows

Power windows have been known to kill and injure children.  Having an attorney who is experienced with these types of product liability claims is critical.  The flaw in many of these types of windows is that the makers install rocker or toggle switches which can be contacted by a child who is sticking his head out the window. This causes the window to activate and go up.

Design Changes

There are several design changes that have been known to makers that remove that hazard:

• putting the window switches on a center console
• using recessed switches
• installing an auto-reverse safety mechanism like what exists with elevator doors

In handling a claim like this several things are important:

• the vehicle must be preserved
• all family members and witnesses must be thoroughly interviewed
• police reports must be obtained
• the vehicle must be thoroughly inspected and photographed.

Product Defect Cases Involving Auto Glass

Auto glass defects cause injuries in failing to keep passengers in and in allowing glass to project inward. Many side and rear windows and sunroofs  are made of tempered glass. Tempered glass is different than laminated glass. Tempered glass when it breaks it shatters. It can become  a flying instrument of death.

However laminated glass when it breaks, tends to stay in place.  Front windshields are now mandated to be made of laminated glass.  In addition it serves to contain the occupants.  Occupants who remain inside during an impact tend not to suffer the same traumatic injuries as those that are projected through a window.

If  you have been injured as a result of the lack of laminated glass in a vehicle that you are riding in, contact us.

Historic Product Defect Cases

Ford Pinto

You may have some recall of a famous product liability claim that was brought against Ford Motor Company many years ago. It related to their Pinto automobile. Ford decided to place the gas tank on the Pinto in the rear. They knew that the gas tank in that spot would result in death or serious injury to the occupants if the car was rear ended.

Documents showed that Ford knew or should have known of that risk. However Ford decided to keep the cars on the road. They felt that the overall financial benefit would weigh in their favor. They knew they would have to pay several million dollars in claims as a result of injuries. The jury in that case returned a large award against Ford for the injuries suffered and also punitive damages to punish Ford for it wrongful conduct. It should have warned the public or taken the cars off the road.

Product Liability As To Guns

Product liability based on guns and shooter liability issues are of pressing concern.
The National Rifle Association (NRA) has taken the lead in opposing any background check or U.S. registry for handgun purchases and handgun owners.  The present federal law prohibits a national gun registry. 

Breaking Ranks

Some groups that have been aligned with the NRA are now breaking away. The National Shooting Sports Foundation has become a proponent of an effective complete background check. 

In addition, the trade group for the nation’s leading firearm makers has said it will not actively oppose the expansion of background checks. These checks are designed to prevent guns from reaching criminals or the mentally ill. 

In addition a group of large city mayors has written to major gun makers telling them that they may begin using economic pressure to force makers to support increased regulation and background checks.  Big cities spend millions of dollars per year on police weapons and ammunition. 

The specific plan that many of these groups are looking for is a ban on assault weapons, new limits on gun sales and criminal background checks.

Gun makers are wary of breaking ranks with the NRA.  Smith & Wesson learned a tough lesson a long time ago. It took a view contrary to that of the NRA. Gun rights groups swiftly punished them. They urged dealers not to carry their products. As a result this created serious trouble for S&W.

Registration

Gun store owners and retail dealers have generally supported an expansion of background checks. However the NRA maintains that any small changes in background checks or gun registry is designed to force people to register their guns.

Another ongoing issue is whether background checks should extend to gun shows and other venues. The Fraternal Order of Police says that these venues should be governed by background checks.

Guns In The Workplace

A Wall Street Journal article of October 16, 2013 dealt with the issue of workplace guns.  Starbucks made headlines when its chief executive requested that customers not bring guns into their stores.  Twenty-two (22) different states have passed laws that limit the ability of store owners or other property owners from banning firearms in their parking lots.  Also there are several states that ban employers from prohibiting employees from bringing guns into their parking lots. However most do allow employers to prohibit guns in the workplace.

Volatile Places

The people on the pro-gun side of the argument argue that increased carrying of guns improves safety.

In the year 2012 375 workers were killed in shootings on the job.  Also a 2005 study reported that workplaces that allowed guns were about 5 times more likely to have a worker get killed on the job compared to workplaces that prohibited all kinds of weapons.

At large employers, managers have reason to worry that workplace disputes could turn into mayhem.

Wal-Mart does allow customers to bring handguns into their stores where the law permits such. However Costco bans its members from bringing guns into their stores.

Call, or contact us for a free consult. Also for more information on product liability see the pages on Wikipedia.
In addition for more information on job injuries see the site herein dealing with construction accidents.

For more information on product liability matters see the other posts on this site:
personal injury product liability
product liability specific legal issues