Articles Tagged with “defective product”

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Following the tragic deaths of at least five infants across the United States, Fisher-Price is recalling 2 million swings over suffocation risks. 

The concern lies with the company’s Snuga Swing products, which feature pillows depicting different animals, such as raccoons, cats, bears, and puppies, on which parents can lay their infants down before clipping them safely inside. Included in the recall are replacement sleep pads for these swings. 

Similar products appeared to still be for sale Wednesday online at retailers such as Walmart and Poshmark, retailing anywhere from $50 for used products to over $100 for new ones. In reporting from CNN, some of the recalled swings were allegedly for sale for $160. 

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One teen charged, another killed after the two were playing with a loaded gun at an apartment in Broward County, officials say. 

The incident happened around 2:30 p.m. Monday. The teen who was hit was identified by police in reporting by The Miami Herald as 16-year-old Christopher Granados. He was taken to the hospital by emergency responders where he was pronounced dead.  

The other boy involved in the incident, who was not named, was charged Tuesday with manslaughter.

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Apple juice sold under numerous brands at stores all over the country, including Walmart, Aldi, BJ’s and others, is under FDA recalls over concerns of potentially harmful levels of arsenic, according to the U.S. Food and Drug Administration. 

The recall comes after an FDA report that included almost 10,000 cases of Great Value 100% Apple Juice that “contains inorganic arsenic above action level set in guidance to industry.” 

A total of 133,500 cases of juice were recalled on Monday that had been sold under various brand names. In June 2023, the FDA made changes to its Final Guidance to Industry on Action Level for Inorganic Arsenic in Apple Juice. The current action level is 10 parts per billion (ppb). 

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A pregnant woman has filed a lawsuit after she claims she was hospitalized due to an illness brought on by Boar’s Head products following a recall of certain deli meats from the brand due to listeria. 

The recall was issued by the U.S. Department of Agriculture’s Food Safety and Inspection Services after an investigation in Maryland by the Maryland Department of Health and the Baltimore City Health Department. Data collected by the Centers for Disease Control shows that at least 43 people have been affected by the outbreak of Listeria monocytogenes, a serious food infection contracted via food contamination. At least three people have died, according to the CDC. 

Listeria can cause stillbirths and miscarriages in pregnant people. Other symptoms include fever, flu-like symptoms, a stiff neck, seizures, headaches, and or a loss of balance. 

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Leesfield & Partners has represented many clients injured in drop-fire cases against gun manufacturers.  One of the many allegations included that the subject pistols had a design defect which caused them to fire without the trigger being pulled.  The flawed designs were responsible for the accidental discharges, which caused death or catastrophic injuries to our clients.

One of the common design defects pertains to a crucial component that ignites the gunpowder in the cartridge, which in turn propels the bullet out of the barrel.  That component is the firing pin.  The firing pin is a small metal rod that is spring-loaded and sits inside the slide of the pistol. When the trigger is pulled, it releases the hammer, which then strikes the firing pin, causing it to impact the primer on the cartridge. The primer contains a small amount of explosive that ignites the gunpowder and propels the bullet out of the barrel.

In past cases, attorneys with the firm were able to prove that the design defect was related to the firing pin releasing without the trigger being pulled -that it could happen whether the safety was engaged or disengaged, which is a separate design defect- causing the firing pin to impact the primer and discharge the firearm unintentionally.

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On April 5th, the Consumer Product Safety Commission (CPSC) issued a warning to consumers about the Fisher-Price Rock ‘n Play after another infant death, the tenth tragedy in less than 4 years.

The statement warns that infants aged 3 months or older, who are able to roll over while seated unrestrained in the Fisher-Price sleep, will be able to turn to their stomach or on their side and suffocate. CPSC recommends consumers to stop using the product when the infant is three months of age, or as soon as an infant exhibits rollover capabilities.

Needless to say, additional steps must be taken to reach as many consumers as possible. Many parents will continue to use the product unless Fisher-Price reaches out to or attempts to reach out to all of them.

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We all know that consumer products can be dangerous if used improperly. Everything from vacuum cleaners to jet skis have large, orange warning decals posted on them instructing users, “READ THE OWNER’S MANUAL PRIOR TO USE.” In the owner’s manual, users will find an extensive composition of warnings, diagrams, and instructions for the safe use of the product.

Owner’s manuals are often the focal point in product liability cases where it is alleged that a product is dangerous or the manufacturer failed to provide adequate warnings. In such cases, trial lawyers will introduce owner’s manuals to point out the adequacy or inadequacy of warnings and instructions.

Surprisingly, owner’s manuals are largely ignored by trial lawyers in personal injury cases involving presumptively safe consumer products. Our firm has handled many cases in which hotels, attractions, and tour operators have severely injured our clients by misusing OM.gifconsumer products. Parasailing ropes break, picture frame supports fail, beach umbrellas fly into guests, bungee cords snap, and the list goes on.

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In Northern California’s Calaveras County last night, twin brothers Ryan Hall and Joshua Hall died during a local power outage. The two 22-year-old brothers were ventilator dependents and the early investigation revealed that their respective ventilators’ back-up system systems failed when the house lost power.

twins16n-1-web.jpgRyan and Joshua Hall suffered from muscular dystrophy and relied on their ventilator to breathe for them. Sheriff Gary Kuntz told reporters that the investigation is focused on the reasons why the backup systems failed.

This tragic incident is eerily similar to a case Leesfield & Partners recently handled and successfully resolved after almost three years of litigation, and a $2.5 million wrongful death settlement was reached for the parents and sole caretakers of the 31 year-old man who died.

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