Articles Posted in Defective Products

Defective Products | September 14, 2021

On April 17th the U.S. Consumer Product Safety Commission (CPSC) issued an urgent warning about the dangers of the Peloton Tread+ treadmill after a small child was pulled under the rear of the product and killed.  At the time of the warning, the agency had linked 39 incidents to the Tread+ and stated that it posed serious risks to small children.  Those risks include abrasion, entrapment, fractures and – as evidenced in the tragic case mentioned earlier – death.

Peloton responded by calling CPSC’s warning “inaccurate and misleading.” Peloton’s CEO, John Foley, stated that the company had no intention of issuing a voluntary recall on the Tread+.

Defective Products | March 29, 2017

Do you remember the insistent messages sent out by Microsoft in 2015, urging consumers to download the Windows 10 operating system on all their Windows devices?

If so, you aren’t alone. However, a group of Illinois residents says that the messages were more than just annoying and intrusive — they were outright destructive because they sometimes resulted in software downloads that users didn’t expressly consent to have. Those downloads ultimately destroyed data and devices alike and gave users no option to restore their old operating system. Many had to purchase new devices altogether.

Defective Products | February 17, 2017

Is your baby’s food safe to eat? Or could a defective seal quietly be causing it to spoil or let in bacteria that could harm your child?

A former compliance officer who worked at the Mead Johnson Nutrition Company, the United States firm that made Enfamil up until it was recently sold to a British company, claims that her 25-year career ended because she complained too often, too loudly and too far up the hierarchy trying to get someone to do something about some defective seals.

Defective Products | January 5, 2017

Conventional legal wisdom used to pretty much say that if you were injured by a defective product that came from a Chinese manufacturer, you were going to have an uphill battle winning a lawsuit and actually collecting the judgment on your claim.

Even though retailers based in the United States often sold the products, many of them were able to skate by the strict liability laws that sought to hold them liable by asserting, as a defense, that they weren’t in the business of regularly selling that sort of product. Strict liability laws against retailers don’t always apply when the retailer isn’t in the business of exclusively selling a specific type of product but carries a hodgepodge assortment of goods for sale.

Defective Products | December 30, 2016

Are more defective products likely to find their way into consumer hands over the next few years?

Quite possibly, if the incoming presidential administration cuts the power of the Consumer Product Safety Commission to levy serious fines against businesses that fail to immediately report potential product hazards.

Defective Products | December 9, 2016

What’s the difference between a truly defective product and one that just isn’t as good as the manufacturer claims?

It depends largely on how concrete the claims were that the manufacturer made when he or she sold you the product.

Defective Products | October 18, 2016

In October 2015, the U.S. Food and Drug Administration issued a safety communication regarding a heater-cooler device originally manufactured by Sorin Group Deutschland GmbH. The Stӧckert 3T Heater-Cooler System has been linked to an increased risk of infection with the Mycobacterium chimaera. These infections, referred to as non-tuberculosis mycobacteria (NTM) infections, can lead to serious health complications and even death. The Sorin Group has since partnered with another company and now does business under the name LivaNova.

Who Has Been Exposed?

Defective Products | September 13, 2016

As American consumers, we typically trust in the designers and manufacturers of the products we purchase. Most of the time, this trust is well-founded. However, sometimes our trust and even our well-being are jeopardized by the use of products that have been found to be defective. When these products cause injury or death, victims often do not know where to turn for the help they so desperately need. They may not understand how the law can help and this is where an attorney first begins to assist the victims in seeking compensation.

Defective product claims can provide victims or their surviving family members with an effective way to acquire compensation for the damages suffered. More importantly, such claims can shine a spotlight on the danger so that others can avoid these injuries. Most claims center on one of three main product defects: design defects, manufacturing defects and lack of adequate warning about the dangers associated with the product.

Defective Products | August 17, 2016

The Consumer Product Safety Commission keeps a running list of recent product recalls so that consumers have one place to easily find the information they need. A quick scan of this list shows that a new product makes the list every few days; there are usually a handful of products that are announced every week. Below are a few current examples.

1. A chest of draws made by Sauder Woodworking has been recalled because it’s too easy for it to tip over if it is not anchored to the wall. This can be a serious hazard, especially to young children, who could be injured or even killed if the chest falls on them.

Defective Products | June 28, 2016

A lot of homeowners think that breakers and fuse boxes are a constant annoyance. Whenever a circuit gets overloaded, it trips the breaker or blows a fuse. This cuts off power to the circuit, and everything shuts down.

This can be frustrating. For example, newer kitchens often have multiple circuits because of the amount of appliances that are used these days. Older homes, though, may just have a single circuit. A home built in 1926 wasn’t designed for a fridge, a microwave, a toaster, a hot plate, a coffee maker and more. This means the circuit can trip when you use everything at once.