Articles Posted in Defective Products

A 2008 salmonella outbreak caused by tainted peanut butter is the subject of a trial currently underway in Georgia. The outbreak, which sickened 700 people and killed at least nine more, led to one of the largest food recalls in US history. Our Atlanta product liability attorneys have been following the case, which made the news again this week.

The 76-count indictment names Michael Parnell, the owner of Peanut Corporation of America, Mary Wilkerson, the plant’s quality assurance manager, and another former manager, Samuel Lightsey. The indictment accuses the company of shipping tainted products and hiding lab tests that showed they contained salmonella. Wilkerson is also charged with obstructing justice.

Lightsey pled guilty in May, agreeing to testify for the prosecution in exchange for a lighter sentence. In six days of testimony, Lightsey spoke of how the Peanut Corporation of America shipped contaminated products with falsified documents stating they were free of salmonella, and of the presence of mold and mildew within the plant. He also told the court of how employees used a pellet gun to shoot birds that got inside the plant.

Technology seems to be progressing at a crazy pace these days. Think of all the gadgets and things we take for granted now. So when our Atlanta product liability lawyers saw an article about driverless cars, it seemed like something that could possibly be not too far in the future of our lives. Google has a fleet of driverless cars and Audi and BMW are investing in the new technology too. Driverless cars are already being tested in some parts of the US.

Most car accidents are due to some kind of human error, whether negligent or reckless or otherwise. It is the number one cause of road accidents and as much as 90 percent of fatal car accidents are due to a human mistake. So theoretically, new driverless cars could save thousands of lives by reducing the risk of many accidents. It could especially counter the more extreme forms of dangerous driver behavior, such as road rage. And of course it could also impact drunk driving, as well, if those intoxicated could mainly, or someday entirely, depend on their car to drive them home.

The new question that will be faced once these driverless cars are on the roads is who will be liable in a car crash. The auto industry knows that there is a high likelihood of product liability law being more prevalent in car crash cases in the driverless future, although industry experts note that there will still, at least in the foreseeable future, be drivers in the car, just with less active driving than now. This is an issue that will have to be addressed and sorted out. Last year, Arizona introduced a law to cover driverless cars. Nevada and California have laws on the books about driverless cars, too, including a provision that requires a licensed driver to be in the car ready to take over driving at any time. So that driver would still have the potential for liability in crashes involving these new cars, as they do with regular driver-operated cars. It won’t be long before most states will have provisions to face this new technology. Jeff Dial, who introduced the Arizona law, said, “The more you deal with this issue, the more the issue grows and grows.One other idea to confront the product liability issue is to model driverless car liability after the way vaccine liability is handled. Congress created a special way to handle these cases in the 1980s, and now the cases go to special hearings and victims are paid through funding provided by a tax on vaccines.

Manufacturers, and the stores that sell their goods, know that they have a legal duty not to offer the public unsafe products with no warning. When an unsafe products slips through, there are laws that hold these companies legally and financially accountable for the injuries that result. However, our Atlanta injury lawyers understand that these companies often try to escape accountability for the harms that their products cause. For example, according to recent news accounts, a company called Blitz USA Inc, the makers of defective plastic gasoline cans, and Wal-Mart Stores Inc (where the defective gasoline cans were sold) are trying to use Blitz’s bankruptcy filings to avoid further product liability lawsuits.

At one point Blitz held 70 percent of the US market of gas cans. The main reason that it was forced into bankruptcy was because the company was hemorrhaging money from 36 product liability lawsuits for harm caused by the cans. The defective gas cans have caused severe damage to people who unsuspectingly suffered severe burns, usually from explosions. The company, based out of Oklahoma, has an insurance policy, but there is a $1 million deductible before the insurance kicks in. The court papers filed by Blitz in November stated that they had already spent $30 million defending these products liability suits stemming from the defective gas cans, which was a “debilitating expense for the company.The company also estimated it owed $3.5 million in lawyer’s fees over defending these lawsuits.

Blitz filed under Chapter 11 last November, which temporarily stopped all lawsuits against it. Recently, attorneys for Blitz asked the judge at the US Bankruptcy Court in Wilmington, Delaware, to halt all related lawsuits against Wal-Mart as the retailer selling the allegedly defective goods. Wal-Mart is Blitz’s most important customer, so the company wants to protect Wal-Mart and is worried about the increasing number of these products liability suits. The bankruptcy judge refused the request to halt the lawsuits against Wal-Mart.

When products are released to the market that turn out to be dangerous, often those items end up being recalled. Hopefully, the dangerous consumer products are recalled before anyone gets hurt, but this does not always happen. When an injury occurs as a result of a product defect, an Atlanta defective product lawyer should be consulted to provide help to the victim of the injury or, in the case of fatal injuries, by surviving family members. atlanta product defect lawyer Van Sant Law

Many different types of products are subject to recall, from dangerous medications to unsafe baby products. However, one of the most commonly recalled products is vehicles.

A lot can go wrong with cars, and the consequences can often be dire when there are problems. For example, just recently, Ford recalled 555,000 cars because there was a risk that the cars could roll away without notice. This would put everyone near the vehicle at risk of being hit and hurt or killed by the runaway Ford.

A product is recalled when it is determined it presents an unacceptable risk to public safety. In far too many situations, the product is recalled after someone gets hurt by its use. When this occurs, an Atlanta defective product lawyer should be consulted by victims who need assistance pursuing a claim for compensation. Taking legal action in the case of a defective product can allow victims to be fully compensated for all losses arising from the product defect. Because of special strict liability rules applicable when products malfunction and cause harm, a plaintiff in a defective product case should be compensated for damages regardless of whether the product manufacturer was negligent or not. Medicine recall Van Sant Law

A plaintiff must prove a problem with the product occurred in order to be able to successfully make a product liability case. Evidence may include expert testimony and studies showing problems with the product. A recall may sometimes be used as evidence in a product liability claim, although recalls do not automatically make manufacturers liable even when presented as evidence. Recalls can alert consumers to the fact that a product they were using harmed them, so the consumer can stop using the product and can move forward with exploring the possibility of legal action.

What are the Different Types of Product Recalls?

When children receive gifts for Halloween or the upcoming winter holidays, the new toys and other presents should bring nothing but joy to the home. Unfortunately, sometimes toys turn out to be dangerous and they actually put children at risk of serious injury or even death. Young girl playing in a park Van Sant Law

An Atlanta defective products lawyer knows that the number of toy recalls have been declining in recent years, as safety efforts have improved and dangerous toys are more often identified before they are actually released to the public. However, risky toys could still make it onto store shelves. When kids receive gifts for Halloween or other holidays, parents need to be aware of how to check for recalls and should make sure that these new toys are safe before kids start playing.

Recalled Toy Dangers for Kids

When you buy a product, you have the right to expect it will be reasonably free from defects and safe to operate when used as intended. This is especially true with a costly consumer product that has the potential to put you at serious risk of harm€“ such as a motor vehicle. Atlanta defective products Van Sant Law

Cars should be designed to operate in a safe way on the roads to protect drivers, occupants, and other motorists. Unfortunately, in recent years, there have been a record number of vehicles recalled because of serious or even life-threatening defects. Now, the NHTSA is actually warning some motorists to stop driving their vehicles immediately because those cars present an immediate risk to safety.

Car manufacturers, like other product makers or distributers, should be held accountable if the items they sell to consumers cause harm. An Atlanta defective product lawyer should be consulted to provide representation and assistance to victims injured by a dangerous car or other products that cause harm when used as intended.

Baby carriers and baby strollers are customary gear for parents of young children. Carriers and strollers are intended to help keep children safe and to help make families more mobile. Unfortunately, sometimes these devices that are meant to protect young children can actually result in them getting hurt. Atlanta accidents Van Sant Law

When an infant or young child is injured as a result of an accident in a carrier or in a stroller, it becomes important to determine why the incident happened and who was to blame. In some circumstances, the infant’s injuries are the result of an unpreventable accident. In most situations, however, the problem stems from a poor product design, an absence of important safety features, a product defect, or a failure to warn parents of the risks of using the product.

When problems arise and babies get hurt, parents and young families need to know their rights. An Atlanta product liability lawyer can provide help in pursuing a claim for damages if the stroller manufacturer is to blame for the incident which caused harm

Every eight minutes, a young baby under the age of three is involved in an accident as a result of an issue with a baby product, according to Scientific American. Each year, an estimated 66,000 kids get hurt due to some type of accident that occurs while a baby product is being used. This is a huge number of infants who may need expensive medical care and who could suffer permanent damage or even be killed as a result of injuries sustained in an accident. Atlanta product defect lawyer Van Sant Law

Parents need to be aware of what the risks are, and also of how the law protects them and their children. If the accident which occurs is caused by a problem with the baby product, parents have legal options. A parent could pursue a claim on behalf of a child who was injured due to a defective baby product. This lawsuit could make it possible for parents to get the money they need to provide the best care for an injured baby. An Atlanta defective product lawyer can help parents to determine if they might have a case and can fight for parents to get full compensation if their son or daughter was hurt due to a product defect.

Which Baby Products Caused the Most Atlanta Injuries?

During the holiday season, many new items come into people’s homes. From toys under the tree to holiday decorations, you may be buying lots of new stuff. Unfortunately, as you bring items into your home, you take the risk that those items could be dangerous or have a defect that causes harm. holiday defective product injuries Van Sant Law

When a product turns out to be dangerous, victims who are hurt by its use can pursue a claim for damages. An Atlanta defective products lawyer can provide assistance in determining if you have a product liability claim based on an injury resulting from a product defect.

If you do, our legal team can help you to pursue a case to get compensation for losses from the product manufacturer and others who are accountable for getting the dangerous product into your hands.

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