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Articles Tagged with dangerous products

arseny-togulev-DE6rYp1nAho-unsplash-1-copy-300x169If you are injured by a defective product in Escondido, you most likely will be eligible to file a product liability lawsuit. Depending upon the defect associated with the product and the way in which you got hurt, you could be able to file a design defect claim, a manufacturing defect lawsuit, or a marketing defect case. However, in some situations, product designers, manufacturers, and sellers may have immunity from certain types of claims. In the new era of the COVID-19 pandemic, the Public Readiness and Emergency Preparedness Act (PREP Act) gives liability to certain manufacturers who are designing and manufacturing products for combatting the coronavirus. Most immediately, the PREP Act could give automakers immunity in situations in which products like ventilators turn out to be defective.

 We want to say more about the PREP Act and how its immunity provision could prevent consumers from filing product liability lawsuits. At the same time, we will explain the limitations of PREP Act immunity for defective products.

Immunity from Product Defect Cases Under the PREP Act 

markus-spiske-197281-copy-200x300Now that Thanksgiving is over and the holiday season is in full swing, it is more important than ever for parents, guardians, and other family members and friends to be aware of dangerous toys that could result in child injuries. While we should not have to worry about product defects when we visit a retail store in San Marcos or elsewhere in San Diego County to shop for Christmas or Hanukkah gifts for kids, it is necessary to know that a variety of children’s products may pose injury risks. According to a recent report from CBS News, the consumer safety group World Against Toys Causing Harm (WATCH) has just released its 2019 list of toys that could injure kids. 

WATCH List of 2019 Hazardous Toys

Just because a product poses an injury risk does not necessarily mean it will be subject to a recall. As such, it is important to know about recalled children’s products in addition to toys that have not been recalled but could cause injuries. Often, children’s products are not recalled until someone gets hurt. Many product recalls occur as a result of a marketing error, or a failure to warn. For example, if a toy maker fails to warn consumers about certain risks associated with using a product (or even fails to warn about risks associated with using the product in an improper but foreseeable manner), anyone who is injured may be able to file a product defect claim.

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