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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 lawyerConstruction sites can be dangerous places due to the use of large, heavy equipment and materials and multiple people performing different tasks at once. When working in one of these areas, it is important to follow the proper safety procedures. However, even if employers and workers take precautions, construction accidents can still occur due to defective tools or equipment. People who have been injured because these types of items did not function properly may be able to pursue a product liability lawsuit against a manufacturer or a company that did not follow the correct practices when performing maintenance.

Common Issues with Defective Tools

While any tool that fails can present hazards, some types of tools are more likely to cause serious injuries when they malfunction. These include:

  • Ladders and scaffolding - When these items break, those who are using them can suffer fall injuries, which may include traumatic brain injuries, spine injuries, or broken bones. Hand tools or materials that fall from defective ladders or scaffolds can also injure the people walking or working below.
  • Fall prevention equipment - Harnesses, safety straps, or safety nets may be used to protect those who are working in high places. Other types of safety devices, such as protective railings or barriers, may prevent people from falling in holes or off the edges of a roof or upper floor. If these devices break or otherwise fail, they may be unable to prevent dangerous fall injuries.
  • Power tools - Electrical equipment such as drills or nail guns can cause electrocution injuries or fires if they are not wired properly. In some cases, defects in these tools can send projectiles flying that can cause injuries to the tool’s user or others working nearby.
  • Heavy equipment - Defects in large pieces of equipment, such as cranes, excavators, or cement mixers, may cause drivers or operators to lose control and roll over a person or strike someone with moving parts. Parts failure could also cause these pieces of equipment to tip over and crush workers or damage the structure of a building, leading to further injuries.

Contact Our Aurora Construction Accident Lawyers

If you have been injured while working at a construction site, the lawyers of Kinnally Flaherty Krentz Loran Hodge & Masur P.C. can investigate your case and determine whether defective tools or equipment were to blame. In addition to helping you file a workers’ compensation claim, we will make sure you understand your options for pursuing a third-party product liability lawsuit against the manufacturer of defective equipment. To learn more about how we can help with your case, contact our Kane County construction site injury attorneys at 630-907-0909 and schedule a free consultation today.

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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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IL injury lawyerSustenance is essential to our survival, and when we purchase food from a grocery store or a meal from a restaurant we want to believe it is safe to consume. A faulty good from a department store may cause external physical harm, but negligence in food production can lead to severe illness and death.

Liability when it comes to food safety can take many forms. If a company has poor safety practices, then contamination can affect customers. Bacteria, like salmonella, can make people sick when incorporated into the food supply, or a foreign object can make its way to the final product. Companies in the past have also been held liable for not listing a warning on their products.

One of the most famous cases of the latter is Liebeck v. McDonald’s Restaurants from 1994. Stella Liebeck was served a hot cup of coffee in a McDonald’s Restaurant drive through that resulted in third-degree burns to her lower body. The temperature of the cup of coffee was up to 40 degrees higher than other restaurants that serve coffee, or the average temperature of a cup of coffee from an at home coffee maker. Because of the high temperature, 700 others were also burned by hot beverages at McDonald’s. Although the cup did warn that the contents are hot, there was no warning about third-degree burns. Liebeck was awarded $2.7 Million in punitive damages and $160,000 for medical expenses.

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