Laredo Product Defect Attorney

Faulty or Flawed Product Liability Explained by Laredo Product Liability Lawyer Michael Grossman

If you are the driver of a Toyota then you are not a stranger to faulty products. In January 2010, Toyota Motor Company’s United States division issued a recall of more than two million vehicles. The voluntary recall came after reports that some drivers had crashed their cars when their accelerator stuck.

Months before that January 2010 recall, Toyota had recalled another four million Toyota and Lexus vehicles because the pedals had the tendency to get stuck under the floor mats. Everyone who drove a 2009 or 2010 year model Toyota or Lexus was issued an alert complete with directions on what to do if the gas pedal suddenly became stuck to the floorboard and revved out of control. Drivers were told to apply the brakes with force until the car could be brought under control. That is, if the vehicle was in a collision first! The recalls included the Rav 4x4, two models of pickup trucks and the ever popular Corolla and Camry. Management’s attempt to gloss over the problem didn’t go well with consumers, then the company tried to fix the problem by offering free maintenance if car owners brought their cars into the nearest dealership. Before too long, Toyota’s public relations machine could not fight off the negative publicity. This is an example of product liability.

Companies, such as Toyota and other auto makers, collect millions of dollars in profits by selling products in the United States. But some risks come with the rewards of a company’s success. Federal laws require businesses that either create or dispense or sell wares in the United States to abide by strict rules to make sure that there is truth in their advertising, which means whatever commercials boast, that the advertised product works as promised. Companies also have to stand behind their products so they don’t cause harm to anybody who properly used.

Regrettably, some products find their way into the market when those products never should have been available in the first place. But when it comes in a pretty package or the seller is a well-known auto maker with a brand name that’s known around the world, some consumers buy the marketing sizzle, then they take the product home only to realize everything that’s shiny isn’t gold.

If you have been injured by a defective motor vehicle or household appliance, you might be able to file a personal injury lawsuit against the manufacturer. Even if the product was made in a foreign country, the company could also be held liable by you and other consumers who have been injured by their products. Call the Laredo product defect attorneys at Grossman Law Offices. Michael Grossman has spent more than twenty years protecting the rights of personal injury victims and has won many cases just like yours. Call 1-855-262-0403 for a free consultation today.

There are at least six websites that list the latest products to be added to the recall lists in different industries across the United States. They include (1) the Consumer Product Safety Commission that regulates household product standards; (2) The Food and Drug Administration (FDA) which regulates food, drugs and other medical products, of course; (3) the FSIS which regulates meat and poultry products; (4) the National Highway Safety Administration which regulates motor vehicle, tire and child safety seat recalls; (5) the Unites States Environmental Protection Agency which regulates emissions and pesticides; (6) and the United States Coast Guard which regulates engine petroleum. Every year there are at least a few thousand new products that are introduced to the public. A few of the products that are being sold are worthy and come from good and useful ideas. The other products most consumers could do without. But the average person does not recognize this truth until their non-refundable money has been spent. Somebody thought jack rocks were a good idea until children started to swallow the metal studs that were just the right size. And who didn’t have a bean bag in their home in the early 80’s? They were convenient, cheap and comfortable. Then somebody’s child began to eat the stuffing from inside the bean bags. Jack rocks and bean bags were among the long list of popular, yet recalled, products in the United States.

If there is a child in your home or you run a daycare center, beware: Toys are the most recalled product in the United States. It’s one of the reasons that Toys R Us went bankrupt. As the distributor for hundreds of toy makers, Toys R Us was named as a co-defendant in a number of product liability lawsuits brought by families whose young ones where in some way harmed by the product. So even though Toys R Us manufactured none of the products, their position as a distributor made them liable in a court of law. Before you gear up for another shopping trip, check out the latest in recalled items so you will know what they are. That includes products that are donated to charitable organizations or sold in garage sales. Of the tens of thousands of products introduced into the marketplace every year, only a handful of them deserve to have made it from an idea to production. Those other products everyone could have done without, including products sold on late night infomercials. Some of those infomercials haven’t been recalled, but judging from their performances, maybe they should have been. Design flaws or events that cause harm to the end user are the two main reasons that products are recalled. If it was a moneymaker, the product most likely will be remodeled and re-marketed, but if it wasn’t a hit, the production company might not bother to revamp it.

In the spring of 2011 there was a peanut butter recall because jars of peanut butter were believed to be tainted with a food borne bacteria called Salmonella. A few months later in the summer of 2011, the FDA issued a warning concerning arsenic and chicken feed. Arsenic is used to kill weeds and rodents. Even though the FDA claimed the arsenic in the chicken was not enough to matter, people react differently to the same viral infections. If you have been made sick or have been harmed by a product default, don’t try to fight the case alone. Contact Laredo product defect attorney Michael Grossman at Grossman Law Offices. Michael Grossman has spent more than twenty years protecting the rights of personal injury victims.

It’s no surprise that the marketplace is overrun with hazardous toys, life-threatening chemicals, questionable pharmaceuticals and even faulty food. There are seasons of the year that are used to sell consumers things they don’t need including Easter bunnies, Halloween costumes and that ultimate shoppers season called Christmas time.

But if you, a relative or someone you know has suffered an injury or sickness because of a product defect, it’s your right to file a personal injury lawsuit against the manufacturer. The store you bought the product from might also be held liable as a co-defendant. Even if the product was manufactured in another country, as many items are, there are American distributors who also have a responsibility to you and other consumers to make sure the products they sell are safe for public consumption. Call the Laredo product defect attorneys at Grossman Law Offices.

Second hand stores are becoming more popular than retail stores when it comes to snagging good deals on household items. So it’s probable that defective items could find their way into your home by way of those ever popular thrift stores and consignment shops. Thrift stores carry little to no fault if it is determined that a recalled items was resold at a consignment shop or thrift store. So if you or someone you know has been injured or suffered harm from a defective product that you purchased at a thrift store, you still could file a personal injury lawsuit to collect damages.

There are two classifications of product liability: negligence and strict liability. Simple negligence means the product design had the potential to harmful someone, even it if the product was used as it is intended. Skateboards are a prime example of these. The piece of wood on wheels is meant to be a form of transportation. But if someone uses it without the much needed balancing skills needed to stay on the skateboard the rider could be in for major injuries.

Strict liability is just that the item might never have been made available for public consumption anyway because the people intended to use it are getting harmed by it. Things like BB guns and fire works are accidents waiting to happen. You probably have your own story of someone you know accidentally getting shot in the face with a BB gun. And during the Independence Day holiday there were dozens of stories that talk about someone having to be rushed to the emergency room due to fireworks exploding in their hands or under foot. The makers of these products have a strict liability because of the nature of the product.

In the summer of 2011 Simvastatin, which is a pharmaceutical drug created to lower cholesterol levels, was determined by the Food and Drug Administration (FDA) to cause muscle damage in some patients. And patients who took the medication as prescribed by their physician still might be harmed by the product. The FDA issued warnings against taking high doses of Simvastatin, the maker is being allowed to continue to sell the product. Just like the recall of Hydroxycut which linked the diet product to irregular heartbeats in consumers who used the diet product, the company continues to sell the product until they are forced by the FDA to remove it from the shelf. Why? Because Simvastatin was a money maker. It was prescribed to more than two million patients in 2010 in the United States alone. That made it among the top most prescribed pharmaceutical drug in this country. And that didn’t include the generic brand names the drug was sold under.

It’s clear that some companies are more concerned about their profits and less concerned about your health. So don’t try to fight the battle alone. If you have been injured by a defective product you might be able to sue the manufacturer. And the store you bought the product from also might be held liable as a co-defendant. Even if the product was produced in another country such as China or Mexico where a number of products originate, there are distributors in the United States that also can be held liable to you and other consumers who have been injured by their products they sell. Contact the Laredo product defect law firm of Grossman Law Offices to learn more about your legal options if you’ve suffered injury as a result of a defective product.