Articles Tagged with San Diego product liability lawyer

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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

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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 

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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.

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jakob-owens-169886-copy-300x205When parents in Poway and throughout Southern California buy food products for their kids, they should be able to expect that these items will not result in unexpected injuries. Unfortunately, however, foods we buy at the local grocery store can contain product defects that lead to serious injuries. According to a recent article in The New York Times, boxed macaroni and cheese products made with powdered cheese could be causing harm to your kids. Could this popular food, especially among children, be the potential basis for product liability claims in California?

Are Boxed Macaroni and Cheese Products Harmful to Your Child’s Health?

As the article explains, it looks as though the powdered cheese contained in many of these boxed products contains high amounts of phthalates, chemicals that “can disrupt male hormones like testosterone and have been linked to genital birth defects in infant boys and learning and behavior problems in older children.” Are these chemicals found naturally in cheese? In short, the answer is no. Rather, phthalates can “migrate into food from packaging and equipment used in manufacturing.” Young children and pregnant women should be particularly concerned with the risks associated with these chemicals.

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andrew-branch-126761-copy-300x212Anyone in Oceanside who has used Roundup weed killer and developed cancer should know that this pesticide may be linked to non-Hodgkin’s lymphoma. According to a recent article in The New York Times, the active ingredient in Roundup, glyphosate, might be a cause of cancer. The International Agency for Research on Cancer (IARC), which is a branch of the World Health Organization (WHO), reported recently that glyphosate is “a probable carcinogen,” and it cited links between its use and the development of non-Hodgkin’s lymphoma.

A number of individuals who have developed non-Hodgkin’s lymphoma have filed a lawsuit against Monsanto, the maker of the pesticide. The product liability lawsuit alleges that Monsanto failed to warn consumers about the risks associated with using Roundup. What else should Oceanside residents know about the risks of Roundup and the possibility of a product defect claim?

Disagreement Over the Effects of Glyphosate

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Each year, the U.S. Food and Drug Administration (FDA) sees hundreds of applications for new medications. In many cases, the FDA will reject the drug due to, among other reasons, product safety concerns. According to a recent article in Fierce Biotech, the FDA recently put its seal of approval on flibanserin, “a first-of-its-kind pill designed to boost women’s sexual desire, but not without sticking a black-box safety warning on the twice-rejected drug.” In other words, the FDA previously rejected flibanserin upon two separate applications, and it has now only approved the drug with significant safety warnings attached.6556949031_fc30e025eb

First Drug of Its Kind Comes with Significant Side Effects

The recently approved drug, flibanserin, was manufactured by Sprout Pharmaceuticals and will be sold under the brand name Addyi. It’s designed to “help premenopausal women diagnosed with hypoactive sexual desire disorder (HSDD) regain their sex drives by boosting dopamine and norepinephrine levels in the brain.” When the FDA previously rejected the drug, it emphasized that some serious safety issues existed with the medication. Taking note, Sprout Pharmaceuticals conducted more studies and has now seen the drug approved for consumer use.

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Single-load laundry detergent pods became available to consumers in 2012, but a news release from Consumer Reports emphasizes that this product can pose serious child injury risks. It’s true that the laundry pods are convenient, but they’re “a serious health hazard for young children,” the magazine explained. Manufacturers have a duty to provide products that aren’t unreasonably safe for use.2075433092_a2dbf94911

While companies who make detergent pods have attempted to make these hazardous products safer for households with young kids, the American Association of Poison Control Centers (AAPCC) continues to receive reports about severe child injuries. As such, Consumer Reports recently decided not to include laundry detergent pods on its list of recommended products, and the magazine even went so far as to “strongly urge households where children younger than 6 are ever present to skip them altogether.”

Dangers of Laundry Detergent Pods

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