Articles Posted in Products Defects

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Seafarers on boats, ships, liners, yachts, and other maritime-related vessels are often injured each day. Some of these accidents are caused by breakages or productions of defective maritime products. In the case that a defective marine product leads to an accident or an injury on navigable water or the dock, the injured party can file a claim. Also, the product which leads to an injury must meet the definition of a defective product as per maritime law. The plaintiff needs to hire a competent and reputable lawyer for consultation and to sue the party at fault. The tips below will aid in determining who is at fault in a defective maritime product case and the resulting action that they should take.

Parties Responsible for a Defective Maritime Product

A docked boat with a few lights on
According to the general maritime law, a manufacturer of a defective product is only held accountable in the event of an accident or injury. Anyone selling any product that is in a poor state and likely to injure the consumer is subject to accountability for any physical harm caused by the product. For one to pursue a claim of strict liability, he or she does not have to be the direct purchaser of the maritime product. As such, a third party injured by a defective product can hold the manufacturer responsible for the injury in a court of law.

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If you have suffered an injury while using a defective product, you should learn the basics of product liability. Being informed about this area of the law can also help you figure out who to sue and teach you about the role a product liability lawyer will play in your case.

Different Types of Product Liability Claims

The inside of a court room with oak wood walls and furnishingsThe manufacturers and distributors of any commercial product must guarantee that it won’t injure consumers. If you have been hurt by a defective product, you may be able to claim compensation with a defective product liability claim.

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In 2018 the Food and Drug Administration (FDA) expanded its 2014 “The Real Cost” campaign, which educates at-risk teens on the dangers of tobacco use, to educate teens on the dangers of E-Cigarette use.  Now the FDA is considering taking these dangerous products off the market altogether.


  • Among middle and high school students, 3.62 million were current users of e-cigarettes in 2018.[1]
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New York City’s ban on e-cigarettes have was upheld by the Appellate Division.  New York City Citizens Lobbying Against Smoker Harassment (CLASH) filed a lawsuit arguing that New York City’s 2013 ban on vaping in public places (Local Rule 152) violated the New York State Constitution by impermissibly lumping smoking traditional cigarettes and smoking electronic cigarettes into the same law. The Appellate Division disagreed with CLASH and upheld the law banning vaping in public places. 

The Court provided, in pertinent part:

“Before enacting this law, the City Council held a series of hearings, at which it heard testimony from, among others, public health advocates, representatives of electronic cigarette manufacturers, and members of the public, including plaintiff Wishtart and the founder of plaintiff NYC CLASH.  The Committee report issued following the hearings explained that electronic cigarettes are devices that contain a liquid containing nicotine, as well as varying compositions of flavorings, propylene glycol, glycerin, and other ingredients, that is heated into a vapor that the user inhales.  Although they have been marketed as a safer alternative to traditional cigarettes since they were introduced in the U.S. in 2006, the U.S. Food and Drug Administration and the Centers for Disease Control have expressed concern about e- cigarettes’ safety for the user and non-user, samples having tested positive for carcinogens, as well as the concern that they may lead to the use of other nicotine products by young people (see; [last accessed 12/12/16]).”

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In the past decade, E-Cigarettes or Vaping has become almost commonplace.  From those who feel it is a safe alternative to smoking, a good method to quitting, or the new social “it” thing to do, everyone from teenagers to adults are using it.

The produce essentially heats a liquid that goes into an aerosol which the user inhales.  The products side effects are not limited to ultrafine particles that can be inhaled deep into the lungs with flavorants such as diacetyl a chemical that has been linked to serious lung disease.

Just read this quote from a young adult from an article recently published by NBC News:

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The Second Circuit of the United States Court of Appeals held that General Motors failed to properly disclose its knowledge of ignition switch defects and accordingly it will now have to face many lawsuits for injuries and other damages, that were once dismissed as part of its bankruptcy filing.

In 2009 General Motors declared bankruptcy.  In doing so, it sought to take any of its viable assets and in an organized sale, transfer them to a new entity now known as “new GM”.  When a company files for bankruptcy they must disclose claims known or likely to be known.  The reason is that when bankruptcy is granted, all debts known or likely to be known are wiped out and the company gets to move forward as a new “reorganized” entity.

Though GM was near financial collapse and the Court did want to maintain a company with thousands of employees, they are not above the law.  The safety of many was at risk and many injuries and deaths had occurred due to defective ignition switches which had caused movement stalls and air-bag non-deployment.  The cause was simple: the poorly improperly designed  ignition switch could slip from the run position and therefore cause many features to fail while in operation.

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Having a newborn is one of the great gifts life has to offer.  A new baby ready to discover the world. Parents ready to provide a safe environment.  However, many products that companies sell to the public are dangerous and can cause serious personal injuries and even death to the innocent and helpless.

This past week, the world’s largest retailer IKEA recalled 29 million dressers.  The Malm and other models of chests pose a serious hazard, and consumers were urged to anchor the items or return them, the U.S. Consumer Product Safety Commission said Tuesday on its website.  The dresser, it was reported had caused 6 deaths and had 82 incidents.

Sadly, the problem is not new.   As is often the case, it is not until litigation is brought or serious injuries or death occur that a company chooses to recall and fix a product; often placing profits over safety.

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You may recall when Jack Nicholson turned into the Joker when he fell into a vat filled with chemicals. This chemical is the same chemical used daily at approximately 3500 dry cleaners where New Yorker’s get their suits and dressed laundered. It is also where 10,000 people work daily. This chemical, perchloroethylene or perc has been known to cause serious harm and damage to our liver, kidney’s, blood and immune system since 1993. Despite this, and attempts by the EPA to reign in its use, it is used daily by so many. In addition, some are concerned of its ability to cause damage to neighbor’s and those living in apartments and buildings nearby.

Crain’s Magazine reported on this recently. California has banned the solvent since 2007. Dry cleaners, they advise are required to post a sign saying they use perc, but landlords’ obligations to tell tenants there is an issue is less than clear.

This growing concern has resulted in the Federal environmental authorities to mandate that perc dry cleaners in apartment buildings pose an unacceptable health risk and must vacate nationwide by 2020. The solution is to upgrade technology and equipment so that it can clean clothes with non perc machines. However with revenue and profits continuing to shrink this choice is an option many are not choosing.

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Yesterday a Missouri jury awarded a woman $55 million dollars in damages for injuries and damages she sustained when she contracted ovarian cancer as a result of using Johnson & Johnson’s baby powder  and shower to shower products.   The award represents $5 million in compensatory damages and $50 million in punitive damages.  It was the second time Johnson & Johnson has been found responsible for similar damages.

The plaintiffs in these case have shown that for many years, J&J hid the link between the use of “talc” have accused J&J of failing for years to warn that talc was linked to an increased risk for ovarian cancer. J&J has said it acted properly in developing and marketing the products.

Presently 1400 lawsuits remain pending; mostly concentrated in Missouri and New Jersey.

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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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