Articles Tagged with product liability

Multiple Tesla vehicle recalls have been announced recently, affecting vehicle owners in Rancho Bernardo, throughout California, and across the country. And the recalls are ones that vehicle owners need to pay attention to — the defects concern issues that could cause crashes. While the electric vehicle maker has become popular in Southern California, it is also a vehicle maker that has contended with a variety of defects and other problems that ultimately could impact vehicle occupant safety. What do you need to know if you own a Tesla that was recently affected by a recall or another vehicle that has been affected by a recall? Our Rancho Bernardo product defect lawyers can help. 

Tesla and Motor Vehicle Recalls

In October 2023, Reuters reported that Tesla was recalling more than 50,000 Model X vehicles due to a problem with the brakes. More specifically, Tesla Model X vehicles that were manufactured between 2021 and 2023 could have a defect where “the vehicle controller is likely to fail to detect low brake fluid and not display a warning light.” Although Tesla reported that it was not aware of any crashes connected to the recall, the defect has the potential to cause serious crashes and personal injuries.

When products are recalled over safety concerns, consumers should pay close attention to the recall notices, but they should not panic. In many situations, products are recalled for relatively minor issues that are not likely to cause injury. However, in some cases, products may be recalled due to serious safety issues that could lead to debilitating or fatal injuries. If you own a product that is recalled due to a safety defect, should you file a claim? The answer to that question depends upon a variety of factors, and you should discuss the specific facts of your case with an Encinitas product liability lawyer. 

In the meantime, we want to provide you with more information that can help you to determine if it makes sense to get in touch with an attorney about filing a product defect claim.

You Must Have Suffered an Injury

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 

kalu-ci-146209-300x200Do you own a Ford Fusion, or have you been thinking about purchasing a used Ford Fusion? Anyone in California who is currently in possession of a Ford Fusion or has considering buying one of these vehicles used should pay close attention to a recent product recall. According to a recent article in USA Today, “several dozen Ford Fusion owners complained in recent months that their steering wheels had some loose or had come off completely while driving.” After receiving numerous reports of this serious safety defects, Ford issued a large-scale recall impacting at least 1.4 million Fusion models and Lincoln MKZ Sedans. What else should you know about the recall and the dangers posed by auto product defects?

Loose Steering Wheels Could Cause Serious and Fatal Car Accidents

To be clear, 1.4 million vehicles are subject to a safety recall because their steering wheels either can become loose while a person is behind the wheel, or the steering wheel can fall off entirely while a person is driving. According to Ford, the cause of the problem is “potentially loose steering wheel bolts” which can “result in a steering wheel detaching from the steering column.” Ford indicated that, as far as the company knows, two accidents have occurred thus far, and at least one injury has happened.

paolo-bendandi-678730-unsplash-copy-300x200Instant Pot multicookers have become extremely popular over the last year, but do they pose a risk of burn injury? Articles have emphasized that the pressure cookers can make almost anything, from stews to wines. However, according to a recent report from WebMD, certain Instant Pot models may have a safety defect that could result in the unit overheating and, ultimately, starting a fire. If you own an Instant Pot and regularly use it to make dinner in Rancho Bernardo, do you need to stop using the pressure cooker altogether? We will discuss the recall associated with defective pressure cookers and how the defect could cause burn injuries.

Getting the Facts About the Recalled Gem 65 8-in-1 Multicooker

According to the report, the problem exists in some models of the Gem 65 8-in-1 Multicooker. Many were sold at Walmart and by other popular retail outlets, and they are now being recalled. Double Insight, the company that currently imports these Instant Pot models from China, has received to date more than 100 separate reports of the Instant Pot “overheating and melting on the bottom.” In at least five cases, consumers have sustained property damage. An overheating kitchen device can pose a serious risk of burn injuries and fire damage to your home.

imthaz-ahamed-156276-unsplash-copy-300x169Whether you live in Encinitas or another part of San Diego County, you should know about a bill that has been introduced in California to “prohibit settlement agreements that keep secret information about dangerous products and environmental hazards,” according to a recent article in the Sacramento Bee. The bill is not the first of its kind. To be sure, a number of other states have enacted similar laws to help ensure that consumers can have important information about hazardous products that could cause personal injuries. We want to provide some more information about the bill, and to give you an idea of how it could impact personal injury lawsuits in Southern California concerning product defects.

Confidential Settlements and Defective Products in California

Assemblyman Mark Stone introduced Assembly Bill 889, which is designed to prevent lawsuit settlements that are conditioned on information about defective products that could pose “a danger to public health and safety” being kept confidential. Currently, when consumers file lawsuits against manufacturers after being injured by a product with a safety defect, for example, the manufacturer can settle the lawsuit and require the consumer to agree to confidentiality. Often, such confidentiality is to ensure that a protective order issued by the court that “prevent[s] plaintiffs from disclosing information that they have learned and insist, as a condition of settling a lawsuit, that the parties remain silent about the matter.”

clark-young-403377-copy-300x200Consumers in Valley Center and throughout Southern California should be able to purchase products without worrying that a safety defect will cause serious or life-threatening injuries. However, product defects happen much more often than they should, and consumers often do not learn about recalls until other people have gotten hurt. According to a recent report in The Washington Post, a series of recent recalls highlights design and manufacturing flaws in a number of consumer products that could lead to serious personal injuries if consumers do not heed the recall information.

Defective Children’s Products and Child Injuries

A toddler bed has been subject to a recent recall after consumers reported that the bed “can collapse and entrap a child.” According to reports, The Land of Nod company’s “Nook” toddler beds have a faulty headboard and frame system. The recall notice indicates that the headboard can unexpectedly disconnect from the bed frame and can fall onto the bed, entrapping a child who is using the product. Currently, the company knows about four separate reports of the headboard disconnecting from the bedframe and falling onto the bed. Although no injuries have been reported, anyone in possession of one of these beds could be placing their children at risk of injuries.

800px-BladeCuisinart-300x198For any San Marcos residents who regularly use a Cuisinart food processor in the kitchen, it is extremely important to be aware of a recent product recall that could impact your family’s safety. In most households, we have come to expect that high-end kitchen appliances are safe for use. In particular, devices made by companies like Kitchenaid, Vitamix, and Cuisinart are supposed to provide decades of use as long as they are properly cared for by their owners. However, according to a recent article from ABC 10 News, the U.S. Consumer Product Safety Commission (CPSC), along with Conair (the maker of Cuisinart kitchen appliances), has issued a recall for millions of Cuisinart food processors.

What is wrong with these small kitchen appliances? They pose a risk of laceration, and dozens of consumers across the country have already reported suffering serious mouth injuries as a result of the product defect.

Defective Riveted Blade in Cuisinart Food Processors Results in Massive Recall

799px-Played_with_Tonka_toysNow that Thanksgiving has come and gone, many parents in Carlsbad and throughout San Diego County are beginning to think about holiday gifts for children. With considerations for children’s toys often come concerns about toy safety, product defects, and the risks of child injury. According to a recent article in WebMD.com, a safety group has just released its “annual dangerous toys” list just in time for the holiday season. What toys should parents avoid when purchasing gifts for young children?

WATCH Releases List of Dangerous Toys

Each year, World Against Toys Causing Harm (WATCH), a consumer watchdog group, releases a list of dangerous toys. As WATCH emphasizes, “since January 2015 there have been recalls involving more than 800,000 individual products, including 500,000 this year alone.” As such, it is important to be careful when selecting toys for children. Just because a toy says that it is intended for a child of a certain age group does not mean that the product is free of safety defects.

flames-300x200Electronic cigarettes, also known as e-cigarettes or electronic nicotine delivery systems, have been “promoted as safer alternatives to traditional cigarettes,” according to a fact sheet from the National Institute on Drug Abuse. However, as a recent article in Scientific American explains, e-cigarettes have been linked to serious burn injuries caused by the explosion of these devices. While we do not yet have enough information to know about the health risks associated with e-cigarettes, we do know that they can cause serious burns to the hands and mouth, and in some cases can cause fractures and paralysis.

What else do you need to know about e-cigarettes and serious injuries? Can injury victims seek compensation by filing a lawsuit?

Learning More About Electronic Cigarettes

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