Defective Products / Products Liability: Injured

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Defective Products and Products Liability

Defective Products and Products Liability lawsuits involve injuries from the use of a defective or dangerous product. This could arise in the case of a defect in a car which causes an accident, a burn sustained from using a beauty product, or even food poisoning. The manufacturer or seller is held liable to any party who foreseeably could have been injured by the product. There are several types of defects, including defect in the manufacturing, defect in the design, defect in the warning (improper labeling) and marketing defects (insufficient instructions).

Usually, a products liability lawsuit is not easy and involves testimony from experts. Since the law of products liability varies from state-to-state, similar cases in different states might not yield the same results.

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Despite the fact that using recycled and reclaimed materials in building, and renovation, is a rather popular trend, a group of parents in the San Diego Unified School District are anything but excited about the new fields made from recycled tire rubber.

In a lawsuit filed this month by a parents' group called Keep Turf Safe, the San Diego school district is being sued for installing a type of astro-turf known as tire-crumb turf at several schools. The parents allege that the tire-crumb turf is toxic, contains carcinogens, and endangers the health and safety of the school children who play on it.

Not all prophylactics are created equal. From permanent and temporary implants to the pill, there are plenty of options for female birth control out there, and unfortunately some are safer than others.

Whether making a device or a drug, birth control manufacturers can be liable if their product causes injury. Here are five recent birth control lawsuits, and what you need to know about the products involved.

Hash oil is a popular, and legal in some states, marijuana derivative consumed to help users chill out. Turns out some of the processes for extracting hash oil aren't so cool. Higher Level Concentrates in Astoria, Oregon was using an "open" extraction system, whereby hash oil is extracted from the marijuana using an extraction tube and liquefied petroleum gas to extract THC from the cannabis plant material.

This is all well and good until "invisible LP gas vapors will escape and can quickly fill an enclosed area," and "an explosive mix of LP gas vapors and air formed, ignited, and caused an immediate and violent explosion and flash fire." That's what happened to Jacob Magley, who is now suing Higher Level and 12 other entities and individuals after he was injured in the explosion.

On the heels of the lawsuit filed against Apple for the death of 5 year old Moriah Modisette due to an auto accident caused by a FaceTime-ing driver, a class action lawsuit has been filed against Apple alleging that the tech giant prioritized profits over customer and public safety. In the new case against Apple, the driver, Julio Ceja, was rear ended by a driver that was texting on their iPhone.

While the class action does not seek monetary damages for Ceja’s back injury, it is looking to hold Apple accountable for not implementing a driver “lock-out” feature, which they hold a patent for. The allegations in the two lawsuits are closely related in that they both blame Apple for not implementing a feature that would prevent drivers from being distracted by their smart phones’ many distracting features.

The controversy over the Bair Hugger surgical warming blankets has escalated beyond expectations. When the federal court initially accepted the case as a multi-district litigation case, there were just over a dozen cases. Now, just one year later, there are nearly 900 cases claiming the Bair Hugger caused surgical site infections. Currently, the parties and the court are working on figuring out which cases will be tried as representative (Bellweather) cases.

Basically, the way the device works has been called into question, despite it being widely accepted throughout the medical industry. The surgical warming blanket system works by essentially forcing warm air into sterile disposable blankets that are placed on a patient's body.

The lawsuits claim that the part of the device that forces the air into the blankets can be easily contaminated, because it sits on the floor, thereby increasing the risk of infection by circulating contamination from the floor into the warming blankets that rest directly on a patient's skin.

Tech giant Apple is facing another lawsuit that claims they are liable for an auto accident which resulted in a death because the at-fault driver was using their iPhone at the time of the crash. Underlying the claim is the fact that Apple apparently has the technology to prevent drivers from using their iPhones in dangerous ways while driving. This newest lawsuit is also premised upon the same patent used in an earlier lawsuit, which shows that Apple has the technology to detect when a device is being operated by a driver in order to prevent certain features, like texting, from working.

The plaintiffs in the case, the surviving family of the five-year-old child that died as a result of the accident, assert that Apple is at fault because the driver that caused the accident was in the middle of a FaceTime video call when they caused the accident. The plaintiffs’ legal theory, in both new and old cases, is that Apple should be liable because it knew people would use their technology in this dangerous way but didn’t didn’t stop it with a “driver lock-out” feature.

Ikea, the company known for affordable, flat-pack furniture that buyers must assemble themselves, has agreed to settle three wrongful death cases filed against it for $50 million. The three cases, filed in the state court in Pennsylvania, claim that the furniture maker was negligent in not manufacturing their dressers to meet industry standards, which resulted in the death of three toddlers (in three separate incidents) who were crushed when the dressers toppled over onto them.

Ikea has settled a few other lawsuits with similar claims over the last decade, and reports indicate that this may have been a known issue dating all the way back to 1989. All in all, there have been seven reported deaths due to unstable Ikea furniture.

Jurors in Texas awarded six California plaintiffs $1.041 billion in a lawsuit against Johnson & Johnson and its subsidiary, DePuy Orthopaedic, over defective hip implants. It's another ignominious defeat for J&J, who've been hit with six of the seven largest jury awards this year, according to the American Bar Association.

It's also another in a long line of lawsuit losses for J&J and DePuy over their hip implants, which plaintiffs allege cause tissue death, bone erosion, and other injuries.

Mesothelioma is a type of cancer that affects the lining of a person’s internal organs, such as the lungs, stomach, and heart. There is no cure for the disease, and most cases are directly related to exposure to asbestos.

According the American Cancer Society, mesothelioma is a rare disease with approximately three thousand cases diagnosed each year. Individuals who become sick, injured, or die, as a result of asbestos exposure, may have a legal claim depending on how the exposure occurred. It can be extraordinarily difficult to assess the legal claim as mesothelioma may develop decades after the asbestos exposure.

You may have heard the term 'class action lawsuit' before, especially when it comes to large companies being sued by a bunch of disgruntled customers. While the majority of lawsuits are filed by one party against another single party, a class action allows many parties who are similarly injured or situated to bring one lawsuit, for the sake of consistency and efficiency.

For example, one person injured by a defective car could sue the car manufacturer, but if the defect is widespread and causes many injuries, all of those affected could sue the car manufacturer collectively, under a class action claim. Class actions can be confusing, so here are four of the biggest questions regarding class action lawsuits, along with some answers.