Gadsden Personal Injury Lawyer - Defective Products

Injured Employees Should Look for Third Party Liability in Work-Related Accidents

Jason Knowles — Wed, 01 Jul 2009 16:36:44 GMT

A worker who is injured in an on-the-job accident can file a claim for workers’ compensation benefits but typically, at least in Alabama, the recovery in that sort of claim is woefully inadequate to compensate an injured worker. Workers should therefore be aware that a third party, other than the employer, may be responsible for the worker’s injury, in which case the recovery is often greater.

When an injured worker comes to our firm, we fully investigate the cause of injury to determine if a third party was responsible for the worker’s injury. Often we discover that a defective machine, for example, was the cause of the injury. Often, injury-causing machines are defective in that that they are not properly designed to eliminate or prevent hazards or they are not equipped with proper warnings about the hazard. Sometimes a third party is liable when, for example, their employee caused the accident and resulting injuries, such as in a two vehicle crash. Many other types of negligence by third-parties may give the injured worker a cause of action.

So, workers injured on the job should be aware that they have options which may significantly aid them above and beyond the workers’ compensation laws.

Originally posted at InjuryBoard by Jason Knowles

Chrysler Bankruptcy Will Leave Product Defect Victims Empty-handed

Jason Knowles — Thu, 18 Jun 2009 17:42:46 GMT

There is an interesting article in the June 10, 2009, issue of BusinessWeek which discusses the effect of Chrysler’s bankruptcy protection on those injured or killed by a faulty Chrysler vehicle. Under the terms approved by the Bankruptcy Court on June 1, 2009, the “new” Chrysler will not be liable for product defect claims involving any vehicles sold before it came into existence. Thus, under the Court’s order, it appears that anyone with a pending injury or death claim against Chrysler has no hope of recovery and that the “new” Chrysler is shielded from suits filed by anyone injured in a future accident involving a Chrysler vehicle currently on the roads.

My brother, Alexander City, Alabama attorney Jeremy Knowles, whose firm, Morris, Haynes & Hornsby, won a $52 million verdict against Chrysler in 2005, summed it up best when he told BusinessWeek that “people with personal injuries or life-ending injuries should be at the top of the list, not the bottom”.

The looming question now is whether General Motors will win the same kind of liability protection in its bankruptcy case. With about 31 million Chrysler vehicles on the road and about 74 million GM vehicles on the road, according to the Insurance Institute for Highway Safety, the bankruptcy courts’ decisions will profoundly affect thousands of consumers and accident victims.

Originally posted at InjuryBoard by Jason Knowles

Peeemption, Bad Drugs, Devices & Products

Greg Cusimano — Thu, 12 Jun 2008 20:42:05 GMT

“Giving a free get out of jail card to negligent corporations” has been used to describe Preemption. That would give irresponsible corporations complete immunity from all lawsuits from Americans hurt by bad drugs and medical parts. There would be no hereafter for injuring or killing people because of defective products.

Why, when big, central government is getting bigger would Bush & many Republicans want to take away from states the right and power to enforce state law? Aren’t conservative Republicans for 'States Rights', home rule, and a smaller federal government? Don’t they complain that Democrats believe that government can and should do all things for all people? You probably know the answers to these questions.

Do we believe that if “big brother” (in the form of the Federal Food and Drug Agency (FDA)) allows a corporation to sell an unsafe drug or bad meat that injures or kills people, they shouldn’t be responsible? That the corporation that profited from the sale shouldn’t even have to answer how and why it happened--- that they should get off scot-free?

That is exactly what “Preemption” is. This administration has used the Preemption strategy to in effect eliminate state law in 52 federal rules since 2005. Those politicians giving negligent corporations a free pass would likely argue, “that only big brother federal government has the know-how to regulate and control the sale of these products. We can’t allow the people in the states to have a say or use their laws. We will use the federal law to handle these injuries and deaths!”

Really now! That is interesting, since, there are no federal laws that apply. If state law is not applied, those responsible are not required to be accountable for these injuries and deaths!

There are caring senators and congressmen in Washington, trying to correct this wrong—help them! Many others are supporting Preemption! Educate yourself, understand what is going on and ask them,“Why”!

Originally posted at InjuryBoard by Greg Cusimano

Fentanyl Pain Patch Recall

Michael Roberts — Mon, 24 Mar 2008 17:59:11 GMT

Additional recall developments have occurred involving fentanyl pain patches. On February 18, Actavis, Inc. announced a recall of 14 lots of its patches, due to a fold-over defect that may cause leaks that expose patients directly to the fentanyl gel. Previously, a Johnson & Johnson subsidiary recalled certain lots of its fentanyl patches, marketed under the name of Duragesic.

The FDA stated that damaged patches should be not be handled directly and that anyone who comes into contact with the fentanyl gel should thoroughly rinse the exposed skin with large amounts of water only, and not to use soap. Exposure to fentanyl gel can lead to life-threatening adverse events, such as respiratory depression and possible overdose.

Originally posted at InjuryBoard by Michael Roberts

Deep Fryers Recalled Over Fire Hazard

Shannon Weidemann — Tue, 11 Mar 2008 16:59:17 GMT

A recall has been issued for over 27,000 deep fryers. The recalled deep fryers were sold by J.C. Penney through mail order and online sales. They may cause a fire or burn the person using it.

The Chinese-made Cooks deep fryer were sold for about $50 each and has a brushed stainless steel exterior, a wire mesh basket with a handle, a lid with a window and black handles. The deep fryer has a 1/3-gallon capacity. "Cooks" is stamped on the side of the deep fryer and model number 22016 is printed on the bottom of the deep fryer.

The problem with the deep fryers is a bad heating element. J.C. Penney is offering a full refund for the item. They have received five reports of problems with the deep fryer. One person was burned by it.

If you would like to read more about product recalls, please visit InjuryBoard's Defective & Dangerous Products information page.

Originally posted at InjuryBoard by Shannon Weidemann

5 million Pepperoni Pizzas Recalled Due to E. Coli Taint

Courtney Mills — Thu, 01 Nov 2007 17:01:35 GMT

General Mills recalled about five million frozen pepperoni pizzas Thursday sold under the name Totino's and Jeno's because the pepperoni toppings on these pizzas may be tainted with E. coli bacteria. Eight different types of pizza were recalled by the food supplier.

Totino's and Jeno's frozen pizzas, trademarks of the giant food supplier, both appear to have been involved in some 21 E. coli-related illnesses already, and food service investigators would like to contain the outbreak as much as possible. The company stated that approximately 414,000 cases of frozen pizza were touched by the recall.

According to media reports, the first reports of people becoming ill from the pizzas came around the 20th of October, although all the people have since recovered. E. coli is a type of bacteria that can cause serious gastrointestinal illness involving dehydration, diarrhea, cramping, and in certain populations with sensitive immune systems, coma and death.

Consumers should make certain to discard any Totino's or Jeno's frozen pizzas with pepperoni toppings.

For more information on this subject, please refer to the section on Defective and Dangerous Products.

Originally posted at InjuryBoard by Courtney Mills

Fisher Price Recalls 1M Toys for Lead Hazard

Chrissie Cole — Wed, 15 Aug 2007 21:29:26 GMT

Fisher -Price, a division of Mattel Inc., in cooperation with the U.S. Consumer product Safety Commission (CPSC) announced a toy recall of approximately 967,000 toys due to the surface paints containing excessive levels of lead. Lead can be toxic if ingested by small children.

The recalled toys were manufactured by a Chinese vendor and sold within the U.S. using non-approved paint pigments that contain excessive levels of lead. Eighty-three popular toys including Cookie Monster, Big Bird, Dora and Elmo are included in the nationwide toy recall.

Consumers are advised to take the recalled toys away from small children. Toys can be exchanged for a voucher for another product of the same value. This is the first Fisher-Price recall that involves lead paint.

For more information on this subject, please refer to our section on Defective and Dangerous Products.

Originally posted at InjuryBoard by Chrissie Cole