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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Defective seat belts, airbags, tires, and other safety features can greatly contribute to injuries resulting from a crash.
Each year, more than 30,000 Americans lose their lives on our roads. Though there are numerous causes of car accidents, a vehicle’ design and build can go a long way in ensuring that an occupant is kept safe – especially when in a crash.
Essentially, when a defective vehicle or defective safety features cause the occupant harm (or further harm in an accident), the victim can file a claim against the manufacturer of the vehicle or auto part in an effort to recover compensation for the monetary losses sustained. This would be an example of a product liability claim.
The biggest safety issues.
Vehicle defects can be as varied as they are common. Most of the time, defective automobile claims involve the following:
- Tires – A tire blowout is one of the most-common causes of a vehicle-related product liability claim. These type of defects usually cause tread separation at high speeds, causing the car to veer out of control. In a few short seconds, the driver may be unable to regain control of the vehicle, ending in a crash.
- Airbags – Airbags lessen bodily impact moments after a crash. However, defective airbags have been known to not open, offering no protection to the car’s occupants leading to head, neck and spine injuries. Just as scary, the Takata airbag recall mentioned earlier in this article was due to the risk of these airbags exploding and sending deadly shrapnel into the driver. This defect has been linked to at least eight deaths and 160 injuries so far, and the number is expected to rise.
- Seatbelts – Manufacturing defects can cause a seatbelt to fail, or have so much slack that they’re ineffective during accidents. This may cause the car’s occupants to be flung out of their seats, compounding their injuries and reducing their chances of survival.
- Vehicle rollovers – This is a very common cause of serious injuries – especially for those who drive SUVs and pickup trucks. Rollovers are caused by cars having an unsafe or exceptionally-high center of gravity. Many manufacturers simply do not take the risk of rollover accidents into enough consideration when designing a vehicle.
- Roof crushes – Roof crushes are common causes of neck and head injuries in rollover accidents. This is usually the result of using poor quality materials to construct car roofs, or not installing pillars or poles to give the roof adequate strength to prevent a collapse in the event of a rollover.
- Fuel fires – A vehicle’s integrity shortly after a crash can mean a world of difference. If the car’s fuel tank was improperly designed, it’s easier for a fuel leak to occur, causing the car to go up in flames.
- Accelerator pedals – There have been incidents where accelerator pedals remain compressed, resulting in runaway speeds that cannot be mitigated by compressing the brake pedal.
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Crashworthiness.
The term “crashworthiness” refers to the ability of a vehicle to protect its occupants during a collision or impact. Crashworthiness primarily focuses on the “second impact” of an accident, which refers to the occupants colliding with the interior of the vehicle as the result of the motor vehicle accident.
Automobile manufacturers have a legal duty to design and build a vehicle which is as safe as is reasonably possible. When a manufacturer fails in this responsibility and someone is injured as a result, the victim has the right to seek reimbursement of damages from the automaker. Evidence is key in these types of cases, so be sure to provide your attorney with as much information as possible during your initial consultation.
The era of the automobile recall.
While there are staggering numbers of recalled vehicles every single year, 2014 and 2015 were off the charts. You likely heard about the GM ignition recall which got the ball rolling. There was also a massive Takata airbag recall which affected at least 24 million vehicles, and could eventually be expanded to 90 million! In total, there were more than 63 million total vehicles recalled in 2014 alone.
The majority of automobile recalls can be attributed directly to claims filed by people just like you. While the automaker will likely not take an individual’s complaint or claim seriously, once you hire an attorney, they know you mean business. Through a defective car accident lawyer, you may be able to recover the money you need to pay related expenses (property damage, medical bills, lost wages, etc). Additionally, by bringing a claim, you may be helping to prevent similar injuries from occurring to countless others in the future by forcing the company to make sweeping safety changes.
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.
Your next step.
Catastrophic injuries due to accidents caused by defective automobile parts can permanently alter your life. Injuries such as broken bones, whiplash, internal bruising, head trauma, bleeding, paralysis, nerve damage, burns and spinal cord injuries will all necessitate hospitalization, treatment and rehabilitation. This costs a lot of money that most of us don’t have lying around. Why should you have to pay for someone else’s mistake? This is where our law firm can help.
Rasansky | McKenzie Law works closely with health care planners, economic specialists and other experts to help prepare a solid case. We do our very best to ensure that you get the justice and payout that you deserve to enable you to resume your life. Please get in touch with Rasansky | McKenzie Law by calling (214) 651-6100 for your free consultation today.
Speak With a Dallas Personal Injury Attorney 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.
