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Category Archives: Product Liability

IL injury lawyerThousands of products are recalled for safety concerns each year. In some cases, companies preemptively realize the fault before consumers are injured. In other cases, defects in a product can cause injuries or even death before the company is made aware of the defect. Either way, the company could be held liable for injuries caused by their product, especially if the injury was caused by something that was not the consumer’s fault. This seems to be the case in the recent recall issued by IKEA, a Swedish furniture and home goods manufacturer. IKEA recently recalled thousands of cups, bowls, and plates that were reported to have caused injuries across North America.

Dinnerware Is Prone to Shattering

According to the Consumer Product Safety Commission (CPSC), IKEA recalled around 159,000 units of the “HEROISK” and “TALRIKA” model cups, plates, and bowls from North America last week, with around 11,400 of those units being recalled from Canada. The recall was a result of reports of the dinnerware becoming brittle over time and cracking or breaking. Some of the incidents resulted in burns from hot food or liquids, but only one of the incidents reported was from the U.S. There has been speculation that the material the dinnerware was made out of could be the reason for the brittleness. According to the CPSC, the units were made from PLA, which is polylactic acid or polylactide, a material made out of renewable resources.

Burn Injuries and Their Complications

All of the reports of injury that were received for these products were due to burns sustained by victims, some of which needed medical attention. Most of us have been burnt in some form over the years, however, burns can become extremely painful and even life-threatening in some situations. Burns are typically classified by degrees depending on how severe they are. A first-degree burn only touches the top layer of skin, while third-degree burns reach all the way to the lowest layer of fat beneath your skin.

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IL injury attorneyToys can provide hundreds of hours of play and learning experiences for children of all ages. Most children have a favorite toy, but what happens when it is a hazard to their life due to a manufacturing defect or poor design? Toys that fall under these categories can cause death or serious injuries. When companies release hazardous products and children get hurt, they must be held responsible through product liability lawsuits.

According to the U.S. Consumer Product Safety Commission, 217,000 children a year are treated for toy-related injuries. Not all of these hospital visits are for defective toys, but when companies do not carefully develop products, children can suffer from suffocation, burns, or the effects of dangerous chemicals.

As a parent, it is important to keep aware of consumer recalls and potential hazards when providing a toy to a child. These dangerous products were recalled due to company oversights that caused harm to children.

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IL injury lawyerWhen we hear “cosmetics” the first association is usually make-up. While lipstick, blush, and mascara are cosmetics, many other personal care products fall under the same umbrella concerning the U.S. Food and Drug Administration. Like any manufacturer, companies that produce personal care products have a responsibility to their consumers. When products are misbranded or contaminated, their customers suffer, and negligent companies need to be held responsible for a product liability lawsuit.

Under FDA standards, cosmetics include body lotions, shaving products, deodorants, tanning products, sunscreens, hair care products, hair dye, makeup, and more. Everyone uses cosmetic products, and due to the personal nature of them, faulty products can cause serious skin damage or illnesses. Cosmetics are regulated differently than food or medicine. The FDA does not approve products for consumers but keeps companies to standards for transparency and safety. For example, as of 2017, companies are required to submit ingredient lists of products to the FDA and they have the right to suspend products with safety concerns.

The standards for cosmetic companies has increased over time. There was a time where ingredients like lead were commonly used in makeup. Now, the heavy metal is widely known as a poison that could kill a person with enough exposure. It is the company’s responsibility to protect consumers from harmful ingredients. When known toxins are included, and consumers are not warned about the risk, their personal care item could eventually cause death.

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IL defective product lawyerCompanies design products not only for profit but for our benefit. However, sometimes these products fail and cause harm or death to consumers. A product can harm a person because of a manufacturing defect, a poor design, or from an inadequate warning. A defective product may not necessarily cause serious harm or death, but when consumers suffer it is the responsibility of companies to be held liable after the fact.

The important part about a product liability case is proving that something was wrong with the product and that an injury occurred. How a product is used when the injury occurred is also important. For example, if a consumer was tampering with the electronics of a product, they would not likely have a liability claim of they were electrocuted and hospitalized. Getting compensation after a faulty product affects a person's life can cover medical expenses and time away from work. If someone dies from a fault product then their family may be eligible for compensation instead. The following are deaths caused by negligent defects.

Cars are one of the most dangerous things an average person operates. When they are manufactured or designed poorly, the consequences can be worse than a car accident. From Fiat Chrysler, 1.5 million vehicles were put on the road that had a dangerous design regarding the fuel tank. Months after the recall began, a 17-year-old boy died in a car fire caused by a manufacturing defect. In Grand Cherokee and Jeep Liberty SUVs, the fuel tank was located behind the axel. Seventy-five people have died due to fires caused by the tank being ruptured, and leaking fuel upon impact.

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IL defective product lawyerIt is the responsibility of companies to maintain a standard of safety in the products for consumers. However, sometimes products make it to the market that are unsafe. While there are bad products that may not work or live up to expectations, but when it comes to a product liability lawsuit, it must be proven that a product caused harm in order to have a case.

What Is Product Liability?

Derived from Tort Law, as a product or material gets created and put on shelves for consumers, there is a chain of liability. If the negligence of a company leads to the harm of another person, then that manufacturer may be held responsible. There are three basic claims a person can make with a harmful defective product, design defect, manufacturing defect, or inadequate warnings.

Defective Design: When the design of a product is defective, then the whole consumer good is dangerous. This happens when designed products are not adequately tested for safety. While the product may serve the purpose it was created for, it is too dangerous to continue using. From 2006 to 2008, the magnetic toy sets from Mega Brands were recalled because of small pieces which were easily consumed by children. On top of a choking hazard, the magnets were also strong enough that if consumed, the magnets of the opposite charge would attract and cause further internal injuries. One child died, and 27 were injured due to the defective design of the toys.

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