Articles Tagged with Defective Products

During the holiday season, a lot of new products will enter the home. Kids will receive new toys and parents will receive new long-awaited gadgets. It is a time of year that many are very excited about. Once the presents are unwrapped, the new products will usually get their fair share of use, especially in the months to come. The hope, of course, is that these products bring joy to those that receive them, but unfortunately, that is not always the case.

Across the country, someone may inevitably encounter a dangerous product. It may be a toy that causes a child to get hurt or a kitchen gadget that malfunctions and causes a severe burn. Initially, the injured individual may blame themselves or chalk it up to a freak accident, but as more information comes out about the product nationwide, they might realize that this was truly not their fault.

Some individuals may be hesitant to discuss their case with a lawyer, feeling they don’t have a strong enough case. Others may feel their injury is not substantial enough to warrant a lawsuit. No matter the situation, it may be in your best interest to at least discuss your case with a product liability attorney. While an injury may seem minimal at first, that injury may lead to substantial financial loss over the long term. Similarly, you may not be the only person who experienced injury due to this product and it may be important to hold those who made and distributed the product accountable.

It hardly seems unreasonable to argue that a consumer in New York or anywhere else in the United States has the right to use purchased products in a confident manner.

Put another way: They shouldn’t explode, ignite, fail to engage as promised, collapse, start or shut off unexpectedly, or otherwise operate in a manner that injures their user.

There are state and federal laws that address such problems, and their origins are grounded in the sad reality that consumers flatly need to be legally protected against products that are negligently designed or manufactured, or that fail to adequately warn against dangers when used in certain ways.

The fanfare behind the new IPhone 6 Plus may not have been as great as prior IPhone releases, but customers appear generally happy with the new smartphone iteration. However, with each new phone release, there the expected defects and bugs that can drive customers crazy, and the IPhone 6 Plus is no different.

There have been consumer complaints about the new IPhone overheating. Essentially, the new fingerprint sensor that allows users (and no one else) to access the phone causes the device to overheat and shut down. While the problem is not the same as the Stacks phones in the move “Annie” it brings about the question of what a manufacturer’s liability would be should an overheating phone injure a consumer. 

Basically, a manufacturer has a legal duty to ensure that a product it puts out in the marketplace is safe for its intended uses. This means that they must take reasonable steps to remedy defects that could put consumers in danger by informing customers through recalls and replacing problematic products when necessary.

While a number of our posts have focused on automotive recalls, there are many other product recalls that can affect our readers in different ways. For instance, everyone at some time goes to the grocery store to buy food. In the last few weeks, a number of important food recalls have been initiated.

For instance, Dole Fresh Vegetables has called for a recall of bagged spinach due to fears about possible salmonella contamination. This bacteria could be potentially harmful if ingested. Officials from Dole indicate that the recall is a precautionary one, and that no consumers have been sickened as of yet. A random sample of spinach was tested by the State of Michigan’s Agriculture Department.

According to a USA Today.com report, the recall affects more than 33,000 bags of spinach, which were distributed to New York, New Jersey, Pennsylvania and a number of other states. Health officials advise consumers that if they purchased Dole spinach that have certain product codes to discard the bags immediately.

A dehumidifier was reportedly responsible for causing a house fire in the town of Marcellus on Thursday evening. According to a Syracuse.com report, firefighters from several departments responded just before midnight to put out the fire. Because of such a quick response, the small fire that was found in the basement was quickly put out before it could spread to the rest of the house.

Fortunately, the fire was isolated and eliminated quickly so that no other rooms in the structure were affected. Authorities believe that the dehumidifier was the sole cause of the fire. It is unknown as of this writing whether authorities believe that the device was defective or whether it was operating unattended. 

If it was the former, the maker of the dehumidifier could be held liable for the damage to the home. Essentially, manufacturers have a duty to use reasonable care when building a product and making it available for sale. The product should perform according to its expected use without putting its owner in danger. Moreover, if a product is deemed to be defective, the manufacturer should take affirmative steps to warn consumers by issuing a recall.

We hear about many types of product recalls throughout the year, from toys to various household appliances to motor vehicles. The basic point of a product recall is to make sure that the unsafe product does not hurt consumers.

A recent recall is definitely alarming because the product is actually made to keep individuals safe. In this case, it is not that the product itself could hurt a consumer, but the concern actually has to do with the product malfunctioning and therefore failing to alert individuals of danger.

Nearly 400,000 heat-activated fire alarms made by Sure Signal Products have been recalled. The alarms can apparently fail to alert those who use it due to a defective fuse. This defect was apparently revealed by the Consumer Product Safety Commission. Four different brands and models are being recalled; all are either chrome or white in color. These fire alarms were made between Jan. 1, 2014 and July 1, 2015.

With ABC’s hit drama “Scandal” returning this week, it would be appropriate to discuss the latest automaker’s scandal. And if you know anything about scandals, it is not the deception or act; it is the cover-up that gets people in trouble. Because of this, it is probably best to admit when you have done something wrong before it morphs into a full fledged scandal.

For executives at Volkswagen Motors, making a public mea culpa (which is embarrassing enough) may be the least of their worries. According to several media reports, the company had for years used technologies to fool emissions standards testing systems using an algorithm that could detect when a car was being tested. Essentially, when the cars would be tested, they would change their performance to meet emissions standards. However, when on the road, the cars would emit nearly 40 times the limit of nitrogen oxides. 

The long standing deception will eventually cost the company millions in fines. However, the costs to customers for recalling defective cars could be substantial. It is estimated that more than 480,000 Volkswagens will have to be brought in to be serviced, if they can be at all. It also remains to be seen whether complaints about asthma and other respiratory problems due to increased levels of omissions will lead to products liability complaints.

As we near the end of August, it is common for dealerships to advertise steep discounts for prior model year vehicles in an attempt to make room for new cars as they are introduced by automakers. This year is no different. As Chrysler dealerships make room for 2016 Chrysler 200 models, 2015 models will generate a discount, and sales of the prior model will expectedly go up.

 However, the 2015 models are not without their flaws. According to recent media reports, Chrysler-Fiat will recall more than 85,000 new Chrysler 200’s because of an electrical problem that could cause the cars to stall unexpectedly. Essentially, the car could suddenly shift from drive to neutral or the engine could shut down by itself. 

Chrysler-Fiat maintains that the problem was based on a supplier’s post production tests and that it will honor any repair request based on the recall. So far, the company does not know of any accidents or injuries based on the electrical defect.

City landmarks are cherished venues, and they have a knack for standing the test of time. However, sometimes landmarks can succumb to disasters; as did an iconic restaurant in Oswego. According to a Syracuse.com report, Wade’s Diner was severely damaged by a fire last night. The popular restaurant had been serving customers for more than 75 years.

The diner had opened for business on Monday morning and had closed at noon. When firefighters responded, they had to cut a hole in the roof so that the heat and smoke could escape so that they could control the fire.

Fortunately, no one was hurt.