Articles Posted in Products Defects

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Creepy crawlies belong outside, not in houses. People try many different methods to discourage bugs from entering their homes, whether it be a house or an apartment. There are many products one can use to kill bugs and keep them out of the home. But these products contain a lot of chemicals and can harm humans as much as bugs. And one needs to be cautious because these chemicals are highly flammable, as was shown in the fogger explosion in Chinatown recently.

Exploding Bug Bombs

A woman had a problem with bugs infesting her apartment. She purchased foggers, also known as bug bombs, to deal with the problem. Foggers release a fine mist of chemicals into the air that filter into walls and small places to kill bugs. “A single six-ounce can is enough to treat 6,000 cubic feet of space, which translates roughly to an 800-square-foot apartment with a seven-foot ceiling.”

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Exploding cars are de rigueur in action movies. But in real life, it is pretty scary. Think about the Ford Pinto and one pictures exploding gas tanks. This was used to great comic effect in the movie “Top Secret,” a parody of WWII spy movies. But there have been “32 rear-impact collisions that caused fatal fires resulting in 44 deaths in Grand Cherokees, and five accidents that resulted in seven deaths in Jeep Libertys” according to the National Highway Traffic Safety Administration (NHTSA).

The Investigation

On August 23, 2010, NHTSA opened an investigation into possible fuel tank explosions during rear-end collision and impacts. This investigation covered Jeep Grand Cherokees for model years 1993 to 2004, Jeep Cherokees for model years 1993 to 2001, and Jeep Libertys for model years 2002 to 2007. This investigation started as a safety defect investigation, but was upgraded to an engineering analysis to determine if the “vehicles contain a defect that presents an unreasonable risk to safety.” NHTSA said the design of the vehicle with “the location of the gas tanks behind the rear axle of the Jeeps could make them more vulnerable to being ruptured in an accident.”

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Under the lip of the kitchen sink. In the corners of the shower. Around the base of the bathroom sink faucet. Then there are always the science experiments in the back of the refrigerator. These are common areas of mold growth. Mold can be a good thing, like penicillium that produces the antibiotic penicillin. But too much penicillium, or aspergillum, or cladosporium can result in black mold that can endanger a person’s health. The Environmental Protection Agency (EPA) warns that mold exposure can cause “allergic reactions, asthma, and other respiratory complaints.”

Mold in New York

Molds are prevalent in moist areas. If there are leaks in pipes or a roof, that can be enough create the right conditions for mold growth. Richard Fields saw mold in his apartment in August 2003. He went to the hospital in September 2003 for headaches and nosebleeds. He told the doctor he had mold in his apartment and the doctor said the mold could cause his symptoms. Fields filed suit in January 2006 for mold exposure against the Lambert Houses Redevelopment Corp, the owner and manager of Fields’ apartment building. Fields amended his complaint to add estimated medical expenses.

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There is a reunion or a wedding reception or another party at a hotel ballroom. The room is resplendent in opulence and old friends are renewing acquaintances. Dinner is announced and everyone sits down for a feast. After a wonderful evening, the attendees return home with wonderful memories. But after a day or two, the attendees start to have symptoms of abdominal cramping, diarrhea, nausea, vomiting, and low-grade fever. The doctor diagnoses it as norovirus.

Currently around the country norovirus is making people ill. Norovirus is highly contagious and commonly acquired through contaminated food or water. But it can also be “acquire[d] through close contact with an infected person.” Larger norovirus outbreaks are traced back to food preparation. Food poisoning is always a possibility whenever one goes out to dine. On May 1, 2013, Newsday reported that a hotel in Westchester County is being industrially cleaned top to bottom, overseen by the local health department, after 300 people complained of illnesses after attending events there. Norovisus is the confirmed cause of all the illnesses. How the virus came to be in the hotel has not been determined. The Centers for Disease Control and Prevention (CDC) issued a report in January that a new strain of norovirus called GII.4 Sydney is causing most of the current outbreaks and is highly contagious.

Getting sick is always a pain, but losing workdays and paying out for doctor’s visits can cost. While norovirus symptoms will last for a few days, some people may become severely dehydrated and need medical attention. So now lost revenues from missing workdays, doctors visit copayments, and hospital costs add up. Is there a way to recoup your loses?

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A pocket bike, which may also be referred to as a mini-motorcycle or pocket rocket, is a small gas-powered bikes that look like miniature replicas of full-size motorcycles. Even though they are small, they come equipped with a 40cc engine and can even reach speeds of 40 to 50 miles per hour. The pocket bikes range in price from $185 to $600. They are sold in auto part stores, discount stores and over the Internet. They almost never come with helmets or any other safety equipment.

Although one would not think so by looking at them, pocket bikes present many of the same hazards as full-size motorcycles. While pocket bikes look fun and small enough for children, they are deceptively fast and dangerous. Even though the bikes are low to the ground, when an accident occurs at 40 to 50 miles per hour, the rider is very likely going to experience significant injuries. The speeds of pocket bikes only add to the amount and severity of injuries, including higher chances of spinal cord injuries and head injuries.

The operation of pocket bikes is illegal in most cities and states for use on public roadways. Importantly, the pocket bikes lack many essential safety features like horns, visibility reflectors, break stop lights, brakes on both wheels, turn signal lights, rear view mirrors or vehicle identification numbers. Unfortunately, the reality is that some people will still choose to ride pocket bikes on public streets no matter what the law says. The low profile of pocket bikes makes them easy to miss or see to a car, or especially a large sport utility vehicle or truck, backing out of one’s driveway or coming around a blind corner. In addition, the height of the pocket bikes puts the rider’s forehead at the same height as most car bumpers.

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Sustaining an injury, whether it is a slip and fall or a car accident or something else entirely, can be a scary and confusing time. For many people, sustaining a serious injury is among the lowest points in their lives. It can be particularly confusing when someone else is at fault for your injury. While no one wants to think about bringing a lawsuit immediately after an injury occurs, it is in your best interest to prepare as though a lawsuit will occur.

First, you need to make sure that your medical needs are taken care of. It will not do you any good to start any of the other steps if you have not ensured that your medical needs are met. In fact, it may hurt your lawsuit if you neglect your medical needs, as the defendant could argue that your injuries were increased by a failure to seek immediate medical attention.

Evidence

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Chantix, also known as Varenicline (var en’ i kleen), is a prescription grade smoking cessation tablet that is intended to be taken orally once or twice a day with a full glass of water and food. Chantix is typically prescribed for a 12-week period, at the end of which, it is anticipated that many people will cease smoking. It has been on the market for about 5 years and became the best-selling drug of its type, both in the United States and overseas, until recent negative publicity began to detract from its success.

Formerly, the side effects associated with Chantix, as listed by the National Center for Biotechnology Information (a division of the National Library of Medicine at the National Institutes of Health) were nausea, constipation, gas, vomiting, heartburn, bad taste in the mouth, increased or decreased appetite, trouble falling asleep or staying asleep, unusual dreams or nightmares, drowsiness, and headache. The more serious side effects included swelling of the face, tongue, lips, gums, throat, arms, or legs, difficulty swallowing or breathing, rash, swollen, red, peeling or blistering skin, and blisters in the mouth. Other sources reported risks such as loss of consciousness, visual disturbances, suicides, violence, depression, and worsening of diabetes.

Recently, a randomized, double-blind, placebo-controlled clinical trial that included 700 smokers with cardiovascular disease who were treated with Chantix or a placebo indicated a link between Chantix and adverse cardiovascular events. The cardiovascular events included angina pectoris, nonfatal myocardial infarction, need for coronary revascularization, and new diagnosis of peripheral vascular disease or admission for a procedure for the treatment of peripheral vascular disease. These warning are now being added to the Warnings and Precautions section and the patient Medication Guide.

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The New York products liability attorneys at our firm are always monitoring the changes in laws affecting those who are injured. We follow the changes in many areas including those that affect the safety of our children. At home and while traveling, nothing comes before ensuring that our young children are protected. For many years, drop-side cribs were very popular as they allowed the parent or guardian to easily lift the child from the crib.

However, earlier in the year, Graco as well as other manufacturers recalled these cribs due to several deaths that occurred when the infants were stuck in the movable side of the crib.

Today the Consumer Protection Safety Commission (CPSC) has taken a closer look at the history and dangers and finally decided to ban the sale of drop-side cribs permanently. According to the CPSC records, 32 infants have died as a result of this danger in the past ten year period. 14 additional deaths are suspected as well. The unanimous decision of the CPSC states that it will be illegal to manufacture, sell or resale the cribs. Of additional importance towards the safety while traveling and at hotels or resorts, the CPSC has set a two year time frame for these businesses to stop using them. So though, it will be illegal after 2012, we strongly recommend that all parents find suitable and safe cribs when traveling with their young children and if a drop side crib is all that is available, please make sure its not from the various brand of millions of drop-side cribs recalled over the past few years.