Product liability lawsuits commonly involve products such as vehicles, cribs and other baby products, over-the-counter and prescription drugs, medical devices, medical equipment, tainted foods, household products, toys, appliances, and even fireworks.
How do products become dangerous? Some defective products are produced due to a manufacturing mistake, while others have design flaws that make them inherently prone to causing injury. In other cases, products may not have been advertised correctly or the company that made or sold the product did not properly warn users of foreseeable dangers or how to safely use their product.
If you or a loved one has been injured due to a defective or otherwise unsafe product, we urge you to call Rasansky | McKenzie Law and discuss the facts of your case with our attorneys (for free) at (214) 651-6100.
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Johnson & Johnson recalled Neutrogena and Aveeno sunscreen products after some samples tested positive for low levels of benzene. The company announced that consumers should stop using the products and discard them. If they face any reactions or have any concerns, they should contact their healthcare providers or physicians.
Benzene is called the human carcinogen and depending on the level of the carcinogens humans are exposed to, it has the potential to cause cancer. Continued exposure to benzene can cause leukemia and other blood disorders.
Benzene is naturally found in forest fires and volcanoes and is also a part of crude oil, gasoline, and cigarette smoke. It is commonly used to manufacture plastic, rubber, dye, resin, and pesticides.
It is present all around us in our environment, even in the air. If you can limit your exposure to it, great. One effective way to do it is not to use sunscreen that contains benzene.
J&J did announce that the amount of benzene detected in these aerosol sunscreens is not expected to cause harm to your health. The product was still recalled by the company as a safety precaution. In a press release by Valisure, an independent testing lab in Connecticut, Dr. Christopher Bunick, Associate Professor of Dermatology at Yale University said, “There is not a safe level of benzene that can exist in sunscreen products. Even benzene at 0.1 ppm (parts per million) in sunscreen could expose people to excessively high nanogram amounts of benzene.”
The products recalled under the Neutrogena brand are Cool Dry Sport, Beach Defense, Invisible Daily, and Ultra Sheer while the Aveeno aerosol that was recalled is Protect + Refresh.
Before J&J announced traces of benzene and recalled their products, Valisure had already tested various sunscreens and Neutrogena had topped the list in traces of benzene. Only after this did J&J conduct an end-to-end investigation from their manufacturing process to raw materials and internal testing to identify traces of benzene.
Class Action Lawsuits
Class action lawsuits come into play when more than one person is filing a case against the company for similar injuries. It seems impractical to cater to individual cases then and a joint lawsuit is filed. Either one or a few of the representatives file the case while the other potential class members are regularly notified of the proceedings.
To be classified as a class, few requirements need to be met:
- There are a large number of affected parties and individual cases cannot be filed
- The parties involved should have similar claims
- The representative plaintiff’s claims should be such that it appropriately reflects the claims of the entire class
- The chosen representatives must protect the interests of the entire class effectively
These requirements need to be adequately met for the class action lawsuit to be approved by the judge.
Advantages of a Class Action Lawsuit
There are a few benefits to filing a class-action lawsuit as opposed to an individual one:
- It is less costly to divide the costs rather than bear them individually.
- Filing a joint case would take less time as compared to hundreds of cases for the same issue.
- When several people are filing the case, the settlement is much larger.
- Your case is stronger as there is more than one person affected.
Frequently Asked Questions
What is product liability?
When a person is harmed because of an unsafe or defective item, they may suffer serious injuries and other long-term consequences. These types of injury claims are referred to as “product liability” claims. These claims are usually filed against a manufacturer and/or retailer whose negligence contributed to the injury.
What’s the deal with this massive airbag recall? Am I entitled to a free repair?
Takata, the company who produced the defective airbags specified in this massive recall, announced in May of 2015 that they are doubling the number of recalled vehicles in America from 18 million to nearly 34 million. This is by far the largest automobile recall in history, and one of the largest consumer product recalls ever issued.
According to the National Highway Traffic Safety Administration (NHTSA), these defective airbags can explode upon inflation, sending shrapnel into the face and body of the driver and front seat passenger. At least 17 deaths and well over 100 injuries have been tied to these defective airbags so far.
Car companies affected by this recall include, but are not limited to: Acura, BMW, Chrysler, Dodge, Ford, Honda, Infiniti, Lexus, Mazda, Mitsubishi, Nissan, Pontiac, Saab, Subaru, and Toyota.
This recall is so expansive that every car owner is being asked to contact their local dealership in order to determine if their vehicle has been recalled. Alternatively, you could check the NHTSA’s recall website at https://vinrcl.safercar.gov/vin/. Be aware that the most recent additions to this recall may not show up immediately through this web app, and the NHTSA recommends that you check back periodically.
If your vehicle is listed in this recall, you’re asked to contact the manufacturer’s customer service department or your local franchised dealership to inquire about scheduling a no-cost repair. If you’ve already been in an accident and were injured by airbag shrapnel, you may very well have a valid product liability claim with which our attorneys may be able to help. Call us for a free consultation at (214) 651-6100 for more information.
Could defective tires be to blame for my car accident?
All of the major tire companies, including Goodyear, Bridgestone, Michelin, and Cooper, have all announced defective tire recalls in recent years. And each year in Texas, hundreds of car accidents are caused by tire blowouts, separated treads, belt separations, sidewall defects, and split rims. While some of these accidents may be cause simply by the age of the tire or other considerations, other car accidents are caused by tire defects that should have been prevented by the manufacturer. If your Dallas car accident was caused by a defective tire, speak to our Dallas product liability attorneys today.
Could my car fire have been started because of a product defect?
Did you know that 20 percent of all reported fires are car fires? While there are many causes of car fires (such as poor maintenance or an intentional act) many car fires are caused by a manufacturer defect or a defective auto part.
Defective fuel systems and faulty wiring are two common auto manufacturer mistakes that can lead to serious car fires, car explosions, burn injuries, and even wrongful deaths.
If you were injured in a car fire that was caused by a defect in your vehicle, you may have a valid product liability claim. To talk with a Texas automobile product liability lawyer about your case today, call (214) 651-6100.
Why are drop-side cribs dangerous?
In 2011, the U.S. Consumer Product Safety Commission (CPSC) passed a law prohibiting the sale and manufacture of drop-side cribs.
Drop-side cribs are cribs where one or both sides of the crib can be moved up and down for better accessibility. While many parents found the drop sides convenient, drop-side cribs were responsible for at least 32 infant deaths between 2000 and 2010. According to the CPSC, an additional 3,520 incidents and injuries were reported from November 1, 2007, to April 11, 2010, involving drop-side cribs. Injuries included suffocation, strangulation, entanglement, broken bones, and skull fractures. Most of these injuries and deaths occurred when a drop rail partially detached and a gap formed between the drop rail and the mattress. The child was either fell through the gap or was caught and suffocated or strangled.
Under the new guidelines, crib manufactures are required to use stronger materials and hardware. Crib slats must be well attached and drop sides are banned. While you can still find drop-side cribs at yard sales and on Craigslist.org, our Dallas product liability attorneys suggest that you purchase a crib that meets the current safety guidelines.
The Dallas attorneys at Rasansky | McKenzie Law work to hold crib manufacturers responsible for injuries caused by defective or poorly made cribs. To discuss a crib injury claim, contact Rasansky | McKenzie Law at (214) 651-6100.
How can I be sure that I'm using safe baby gear?
In October 2012, nine out 24 consumer recalls were for children’s products. Every month, at least one highchair, stroller, or baby seat seems to be recalled. You are right to be concerned.
Here are a few tips to help you choose safe gear for your child.
Strollers – Strollers are one of the most frequently recalled children’s products. Many stroller recalls are due to a large gap between the stroller grab bar or tray and the seat bottom. If an infant is not properly harnessed, the child can slip through the gap into a strangulation hazard. Other strollers have been recalled because exposed hinges can amputate small fingers. Most companies offer free repair kits to fix these issues.
Cribs – since 2007, the Consumer Products Safety Commission (CPSC) has recalled 11 million cribs. Last year, the CPSC issued new rules for manufacturers of cribs. Cribs must now be made of sturdier materials and must pass tougher product safety tests before they can be sold. Check your crib to make sure that it is properly assembled and that there are no gaps larger than two fingers between the sides of the crib and the mattress. If your crib has a drop-side, stop using it and see if a retrofitting kid is available from the manufacturer. Never use a crib that is more than ten years old.
Play yards – More than 2,100 accidents involving play yards have been reported to the CPSC. These incidents resulted in 170 injuries and 60 fatalities. In June, the CPSC approved new safety standards for all play yards. These include stricter testing including stability testing, entrapment testing, and floor strength testing as well as minimum side height requirements and latch-and-lock mechanisms. If you use a pack and play, play yard, or play pen, make sure that the mattress pad is well-attached and that you are not using any extra padding. Discontinue use if you notice any problems with the hinges.
Baby seats – Millions of Bumbo seats were recalled after more than 75 babies suffered head fractures when they arched their backs or rocked and tipped the seats over. If you have a Bumbo seat, make sure it includes a restraint belt. Never use it on a raised surface.
Check manufacturer web sites – Manufacturer websites are the best place to find information about recalls and safety alerts. You can also fill out online product registrations to have recall notices mailed or emailed to you.
If your child is injured by a defective children’s product, our Dallas product liability lawyers can help you get accountability and compensation through a Texas defective product lawsuit. To discuss your claim, contact Rasansky | McKenzie Law at (214) 651-6100.
Filing a Recall Lawsuit
If you are a victim of an injury caused by faulty recalled products, you have a legal right to file a lawsuit against the company and seek financial compensation for the damage caused. Tort law exists to hold careless retailers and manufacturers accountable for their negligence while compensating the victim for damages and losses.
There are several questions you might have when it comes to product liability law and seeking compensation from the company that has caused damage to you. In such cases, an experienced lawyer is a good option to answer any queries and confusion you might be facing. Our product liability lawyers at Rasansky | McKenzie Law are experienced at dealing with recall lawsuits and would be able to guide you through the step-by-step process.
Speak With a Dallas Product Liability Lawyer For Free
The attorneys at Rasansky | McKenzie Law are happy to speak to you about your potential case free of charge. If we can help with your claim, we’ll do so for no out-of-pocket cost to you. Call us 24/7 at (214) 651-6100.
