Legal News Archive by Area: Products Liability
September 03, 2019 | Finz & Finz, P.C.
Forbes reported on August 30, 2019, that multiple members of the United States Congress had sent letters to the technology giant Amazon after a Wall Street Journal investigation found that Amazon’s inability or unwillingness to police third-party sellers had led to 4,152 products being sold on Amazon despite being deceptively labeled, deemed unsafe by federal regulators, or outright banned.
Continue Reading: Congress Demands Answers from Amazon About Defective Products
May 15, 2019 | Finz & Finz, P.C.
A February 2019 jury decision to award a plaintiff 3 million dollars in damages due to defective design of a Cook IVC filter was based on the concept of proximate cause. Proximate cause is a legal standard to establish fault that does not require establishing that the event was the direct cause of injury, but that it was sufficiently related to the injury in a legal sense.
Continue Reading: Proximate Cause Sufficient to Establish Fault
May 14, 2019 | Finz & Finz, P.C.
Roundup weed killer has been on the market since 1976, and hundreds of thousands of Americans have used the product in the intervening years. Marketed heavily on television through the 80s and 90s, consumers were assured it was a safe method of dealing with pesky plants on their properties.
Continue Reading: Rounding Up the Losing Streak
February 13, 2019 | Finz & Finz, P.C.
The race to create a better knee replacement is always ongoing. Whenever a large medical market exists, manufacturers always want a bigger and bigger piece of the pie, and the best way to do that is to develop a better product. The bad way is to market an inferior product aggressively and hope to sell a lot of units before anyone notices. The Depuy Attune Knee seems to fall into the latter category.
Continue Reading: Depuy Attune Knee Replacements Failing at Alarming Rate
January 15, 2019 | Finz & Finz, P.C.
The car manufacturers no longer even bother to claim that the recall is over. Instead, as another 1.3 million vehicles are recalled due to potentially faulty airbags, Toyota simply makes an announcement and attempts to move on. This just a few days after Ford announced a similarly large scale recall.
Continue Reading: No End in Sight for Airbag Recalls
October 23, 2018 | Finz & Finz, P.C.
For decades consumer advocates have sounded the alarms regarding flammable Halloween costumes, yet the risk to children remains much the same as it was twenty or thirty years ago. Many children’s costumes are still fashioned from cheap flammable materials, including plastics that can melt to the child’s skin if ignited.
Continue Reading: Flammable Halloween Costumes Still a Risk
July 30, 2018 | Finz & Finz, P.C.
Battery packs of electric cars manufactured by Tesla have demonstrated significant risks of ignition and re-ignition. The most recent incident occurred in Fort Lauderdale, Florida on May 18th, when a battery pack ignited after a high speed collision, causing a fire that killed two young men and left another injured.
Continue Reading: Batteries in Electric Cars Pose Risk of Recurrent Ignition
August 14, 2017 | Finz & Finz, P.C.
It has not been a good few weeks for the Big 3 US automakers. The Big 3, so-called because they are the three largest motor vehicle manufacturers in the country, is comprised of Ford, General Motors, and Fiat Chrysler. Now, two of those three, GM and Ford, are being forced into large scale recalls.
Continue Reading: Two Out of Three is Bad: Automobile Recalls Among the Big 3
January 18, 2017 | Finz & Finz, P.C.
Last year IKEA made national headlines when the furniture retailer recalled 29 million of their dressers after the deaths of a number of children who had the defective product fall on top of them. The Swedish manufacturer has now agreed to a $50 million settlement for three families who lost a child in these tragic and preventable accidents.
Continue Reading: Settlement Reached with IKEA over the Deaths of Three Children from Falling Furniture
December 09, 2016 | Finz & Finz, P.C.
Defective products can cause accidents, injuries and potentially serious illnesses. Product recalls by the company or manufacturer, along with the Consumer Product Safety Commission, are designed to inform the public of hazardous products and provide information on how return or exchange them and obtain a refund. It is important that people are aware of the recalls on defective products that they mayuse in everyday life.
Continue Reading: Product Recall Roundup
November 04, 2016 | Finz & Finz, P.C.
As if Samsung wasn’t having a bad enough year, the company is cooperating with the Consumer Product Safety Commission on a voluntary recall in the U.S. of 34 models of their top-loading washing machines, an estimated 2.8 million in total. The recall comes less than a month after the South Korean company was forced to pull their Galaxy Note 7 phones off the market due to the possibility of the battery catching fire.
Continue Reading: Voluntary Recall Issued for Samsung Washing Machines Due to Injury Risk
October 11, 2016 | Finz & Finz, P.C.
Less than a month after Samsung issued a recall of the highly anticipated Galaxy Note 7 phone, the South Korean company has announced that it will no longer manufacture or sell the problematic model. Despite the recall, reports of replacement phones overheating and exploding continued, forcing Samsung to completely take the defective product off the market before someone was seriously burned or injured.
Continue Reading: The Samsung Galaxy Note 7 Is Gone For Good
September 14, 2016 | Finz & Finz, P.C.
In wake of the global recall by Samsung for the Galaxy Note 7, mass transit agencies in the Tristate area have placed restrictions the smartphone due to the chance of the lithium battery overheating and catching fire. This is in addition to the Federal Aviation Administration instructing passengers to not turn the phones on while on a flight and to not store them in carryon luggage.
Continue Reading: MTA Looks to Prevent Accidents Involving Samsung Galaxy Note 7 Phones
September 12, 2016 | Finz & Finz, P.C.
Samsung Galaxy users were excited about the release of the Galaxy Note 7 in August. New features included an updated camera, a water resistant case and a state of the art screen display. All of those impressive aspects of the phone are not making headlines anymore, as the company has had to issue a recall of the popular model after reports of the lithium batteries in the phones catching fire and even exploding. Now, the 2.5 million phones sold are part of a worldwide recall.
Continue Reading: Exploding Samsung Galaxy Note 7 Phones Put Consumers at Risk for Serious Injuries
September 02, 2016 | Finz & Finz, P.C.
We have been conditioned to believe that washing our hands with antibacterial soap will not only get them cleaner, but will be more effective in stopping the spread of germs. In 2013, the Food and Drug Administration (FDA) told soap manufacturers to prove that this was the case, and that long-time use of these products was safe. Since the manufactures were unable to do so, the FDA has now ordered certain ingredients to be removed from so-called antibacterial soaps within the next year.
Continue Reading: FDA Says Antibacterial Soap May Do More Harm Than Good
July 22, 2016 | Finz & Finz, P.C.
Parents were alarmed last month when IKEA issued a voluntary recall on furniture that could fall and trap children underneath, potentially killing them. This month has seen two recalls on children’s products that parents need to be aware of as well. They involve a baby monitor with the potential to overheat and water bottles that could possibly have lead contamination.
Continue Reading: More Product Recalls Affecting the Safety of Children
June 30, 2016 | Finz & Finz, P.C.
It is a product recall 27 years in the making. In 1989, a toddler was killed by a piece of falling furniture purchased at IKEA. From 2002 to 2016, five more children under the age of three lost their lives in the same way. Now, finally, the Swedish furniture manufacturer and retailer has issued a voluntary recall for 36 million dressers and chests sold in the U.S. and Canada due to the possibility of the products toppling over if not safely anchored to the wall.
Continue Reading: IKEA Issues Major Product Recall Following the Death of Six Children
February 29, 2016 | Finz & Finz, P.C.
It took 27 deaths before CR Bard began to recall its G2 blood filters. It took 27 deaths before CR Bard even bothered to stop selling the product. Now NBC News wants to know why.
Continue Reading: Dangerous Products: Take Action to see Recalls
January 07, 2016 | Finz & Finz, P.C.
When designing a child bicycle trailer, it stands to reason that the bare minimum safety standard should be to ensure the wheels, safety belt, and tow bar are safe. Without these three elements, there is nothing else that can be done to make the trailer safe to use. Despite this, too many designers and manufacturers have failed to meet these minimum standards.
Continue Reading: Stay Informed Regarding Recalled Products
January 06, 2016 | Finz & Finz, P.C.
The regulators are starting to pay attention.
Continue Reading: A Dark Cloud Hovers with Defective New Toys
October 02, 2015 | Finz & Finz, P.C.
Corners should never be cut, because when corners are cut bad things happen and people get hurt. This is especially true in the automotive business, where thousands of pounds of metal can destroy lives in a hurry. Whenever we purchase a vehicle, we trust that the manufacturer has provided all the bells and whistles and safety features listed on the specifications. Unless we are mechanics, and sometimes even if we are, we have no way to know if shortcuts were taken.
Continue Reading: New York Law Firm Warns About Manufacturers Cutting Corners
September 11, 2015 | Finz & Finz, P.C.
The Dremel MICRO 8050 Rotary Tool has been recalled by the Robert Bosch Tool Corp., due to multiple major issues with the device that put consumers at risk. Though there is an element of risk in most power tools, it is clear the Dremel model in question was not properly safety tested before being released to the public.
Continue Reading: New York Attorney Warns of Dremel Rotary Tool Recall
August 14, 2015 | Finz & Finz, P.C.
It sounds like science fiction, but it’s just another symptom of the design problems that cause all too many accidents. Andy Greenberg was piloting his SUV down the freeway when suddenly the car began to slow. There were a number of potential explanations, but most people never would have guessed the actual reason. His SUV had been hacked, and the hackers had brought it to the stop in the middle of the busy street.
Continue Reading: Hack Attacks Prompt Vehicle Malfunction
March 24, 2015 | Finz & Finz, P.C.
For twenty years they’ve been on the market. For twenty years they’ve appeared on television and in movies, and even people who have never experienced an MRI firsthand still have a basic understanding of the machines. One of the most important rules, one that almost everybody knows, is how important it is that the person undergoing the scan not wear any jewelry or other metal objects.
Continue Reading: Product Liability and Recalls: A Scanner Darkly
January 26, 2015 | Finz & Finz, P.C.
There are few words more terrifying to hear on the evening news that “toy recall.” Sadly, we hear those words far too often. With toy injuries on the rise, according to a recent press release from Consumer Reports, it is more important than ever that parents are aware of how to keep their children safe. With the holidays behind us, we know that many children received toys as gifts. Parents can be careful only to purchase safe toys for their kids, but relatives and friends can’t be relied upon to judge a safe toy from an unsafe one.
Continue Reading: Recent Recalls: Never Toy Around
April 17, 2014 | Finz & Finz, P.C.
Take a look around your home and in your yard. Do you know the status of everything you have purchased as far as its dependability, probability for breakdown, or potential placement on the recall list? Chances are unless you subscribe to regular newsfeeds from an organization like the Consumer Products Safety Commission (CPSC), you’re not on the up-and-up when it comes to safety in your home from the products you use. Too frequently do we find out about a recalled item before it’s too late, and some of those consumer products involved could actually cause injury or death.
Continue Reading: Are You Living With a Recalled Item?
March 17, 2014 | Finz & Finz, P.C.
We know how tempting it is to take it upon ourselves to complete household projects, repairs and renovations. Those televisions shows make it look so easy. With just a few simple tools and a few minutes to spare, we should have a new room or cabinet installation done in no time, right? Not so fast. Let’s not forget the people on the television shows are experts no matter how simple they make the renovation appear. After all, they have had years of practice making it all look seamless. They time-test their tools and make sure all is in working order before they demonstrate anything on television. The average consumer is not so lucky. We use the tools we have had for many years—often without regular repair or maintenance. We don’t check recall lists to see if our tools or appliances have been recalled. We’re sure nothing would happen to us.
Continue Reading: Household Tools and Product Defects
February 14, 2014 | Finz & Finz, P.C.
Are you keeping up with the news on recent recalls published by the Consumer Product Safety Commission? This organization provides updated news on recalls involving home products and appliances, children’s clothing, baby products, and much more. Subscribing to a service such as this could mean all the difference between purchasing a recalled product that is still on the shelf or in your home, and seeing the other side from a potential injury or fatality.
Continue Reading: Save Your Life with Recall Notices
January 29, 2014 | Finz & Finz, P.C.
The holidays are finally over for many of us across the country, and we’re ready to start back into work and life with new routines, energized spirits and a renewed outlook for health and fitness. For some, this means adopting new habits such as losing weight, and ditching unhealthy habits like overeating. A gym membership may have been on your own personal wish list this year, or you may have decided to treat yourself to a membership once and for all. A visit to the gym can be life changing—in more ways than one.
Continue Reading: New Year’s Resolutions Could Mean Injuries at the Gym
November 15, 2013 | Finz & Finz, P.C.
Every few months we like to inform the masses of some recently recalled items that you may find in and around your home or place of employment. With the holiday and gift-giving season right around the corner, it’s important to know whether the purchase you’ve been long-awaiting is still on the shelves or whether it’s been removed due to recall activity. You might be looking for that perfect toy or play equipment you plan to provide your child. From a shiny new appliance that will make your life easier, to the latest trend in clothing or baby gear, it is not uncommon that your favorite item could show up unexpectedly on the recall list.
Continue Reading: Recent Recalls: The Latest in the News
August 21, 2013 | Finz & Finz, P.C.
Recent Recalls: Portable Fan Heaters and Refrigerators
Continue Reading: Recent Recalls: Portable Fan Heaters and Refrigerators
April 04, 2013 | Finz & Finz, P.C.
Keeping our families and children safe is our number one priority, whether it’s ensuring that we socialize with the right people, driving the safest car, or purchasing items that we know will serve our family for years to come. Product defects and recalls come into play when choosing the best and safest items for our families, and we want to be sure we avoid any products on a recall list. Manufacturers work hard to correct any malfunctions before the defect affects the masses. Sometimes, however, an injury occurs or a child dies and lives are changed forever.
Continue Reading: New York Law Firm Warns about Recent Recalls of Children’s Furniture and Toys
January 28, 2013 | Finz & Finz, P.C.
In the 1970s and 80s, crib death, also known as sudden infant death syndrome (SIDS), was a common cause of death in children under one year of age. Originally thought to be a brain condition of the child (and many still support the theory of oxygen deprivation at some point between birth and the crib death incident), today’s definition of crib death cites many other causes. While crib death doesn’t occur nearly as often, it is more likely to occur as a result of product or manufacturer defect.
Continue Reading: Crib Deaths: Still a Concern Today
November 28, 2012 | Finz & Finz, P.C.
Digital technology is slowly eliminating the traditional need for print shops and quick copy storefronts. But, old-school print house operations are still in existence serving businesses with print needs, and employing millions of people nationwide. They’re not going anywhere, despite the capabilities of Print on Demand and on-line ordering platforms like Vista Print and Shutterfly.
Continue Reading: Hold the Presses! Injuries in the Fast-Paced World of Printing
October 11, 2012 | Former NYS Supreme Court Justice Leonard L. Finz
On October 5, 2012 a front-page article appeared in the business section of the New York Times, it's title, “Two Sides of Product Liability - A Factory’s Closing Focuses Attention On Tort Reform”. The article tells the story of the closing of a plant in Oklahoma [with the loss of 117 jobs] that since 1970 manufactured gasoline cans. Its present owners place the blame on “frivolous lawsuits” and greedy lawyers who through the years have recovered millions of dollars on behalf of users of their product who suffered injury from flash- back explosions of cans filled with gasoline.
Continue Reading: Is it “Tort Reform” or “Tort Destruction”?
September 24, 2012 | Former NYS Supreme Court Justice Leonard L. Finz
Simply stated, negligence is the doing of an act that a reasonably prudent person would not do under the same or similar circumstances. Negligence is also defined as the failure to do an act that a reasonably prudent person would do under the same or similar circumstances.
Continue Reading: A Worker Exposed to a Toxic Substance used on the Job who Suffers Injury May Sue the Manufacturer
September 20, 2012 | Former NYS Supreme Court Justice Leonard L. Finz
With millions of products on the market, it can be reasonably anticipated that a certain number of consumers will sustain an injury in the use of a product. The question therefore asises: what are the rights of the injured consumer as against the manufacturer? The same question applies to the supplier (distributee) of the product.
Continue Reading: Liability of a Manufacturer to a Consumer under Strict Products Liability Law