Products Liability

Unsafe products can come in many different shapes and size, and in the least expected places. A products liability case could arise out of any of these products. Every year there are recalls for unsafe products that have made their way into the stream of commerce and into the hands of unsuspecting consumers and users. In June 2016, IKEA, a furniture supplies giant, had to recall around 29 million chests and drawers because they posed a serious tipping hazard. IKEA received over 41 complaints, with 4 fatalities and 17 injuries that included children. In another instance, one of the largest recalls in history involved Takata airbags installed in the cars of some of the largest car manufacturers in the country, including Ford, Nissan, Honda, and Toyota, that killed at least 14 people and injured over 100 million more. Despite manufacturers being aware of the dangerous risks these airbags pose, the cheap price incentivized many to purchase and install Takata airbags. What made these airbags lethal was the presence of ammonium nitrate inflaters that generated gas so rapidly it exploded and turned the airbags essentially into shrapnel.

Unfortunately for consumers, these horror stories are not rare. Consumers wanting to be more informed can look to the United States Consumer Product Safety Commission for the most up to date recalls. Products range from complicated tools to things as simple and common as children’s toys and sweaters. A parent for instance purchasing toys for their child places his or her faith in the manufacturers, expecting that the toys would be child-friendly as the manufacturers probably took precautions against hazards. No one wants to hand over a toy that would hurt the child. According to the Consumer Product Safety Commission, 172 recalls went out for unsafe toys in 2008, 19 of which had lead. Some other products currently out for recall include:

  • Adult Kick Scooters from Xootr.
  • Mountain Bikes from Marin Bikes.
  • Children’s Hooded Sweatshirts and Girls Bomber Jackets from Fred Meyer.
  • Portable Table Saws from Rexon.
  • Infant Caps from Sock and Accessory Brands.
  • Little Giant Ladders from Wing Enterprises.
  • Sportsman ATVs from Polaris.
  • Bistro Chairs from Pier 1 Imports.

A products liability case may also include food and drug items. The U.S. Food & Drug Administration (“FDA”) regulates the safety of food and drugs, and offers up to date information on the recall of these products. Some examples of products the FDA oversee include:

  • EpiPens.
  • Herbal & Dietary Supplements.
  • Breast Implants.
  • Flush Syringes.
  • Ventilators.
  • Pain Killers.

There are various nuances to navigate through in a products liability claim, including which party to hold responsible. Whoever placed the dangerous products into the stream of commerce should be held accountable for them. This may include manufacturers, distributors, wholesalers, designers, and or retailers. Here at Mitcheson & Lee, our attorneys understand the legal loopholes they have to jump through to get you the compensation and peace of mind you deserve, as well as know where to search for evidence to reduce the risk of compromised or destroyed evidence. Your rights are our priority and we will do our best to maximize your compensation. Compensation may include but are not limited to:

  • Medical Bills.
  • Lost Wages.
  • Pain and Suffering.

Your health and safety should not be compromised for a company to save money. We will do our utmost due diligence in defending your rights as a consumer and or user. If you or someone you know was harmed by the use of an unsafe product, please contact Mitcheson & Lee at (617) 939-4388 or (781) 223-3635‬ to schedule a complimentary consultation.

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