product liability Archives

Rat Liability

June 24, 2020June 25, 2020 BRIEF

bacteria, California, children, dbrief5, pets, product liability

Petco was not liable on product liability grounds for the death of a boy who contracted a rare bacterial infection from a live rat that his grandmother purchased for him as a pet, an appeals court in California ruled. An “unmodified rat” is not a “designed product.”

Courts Health

Tainted Mask

June 5, 2020June 5, 2020 BRIEF

Brief4, coronavirus, pesticides, product liability

Sock-maker Renfro Corp. shipped face masks treated with the pesticide Silvadur — which carries a caution advisory against getting it on skin and clothing and to avoid breathing its vapors — and the mask made at least one wearer sick, according to a lawsuit filed Thursday.

Appeals Business Personal Injury

Saw Manufacturer Seeks New Trial in Case of Amputated Butcher

May 20, 2020May 21, 2020 KAYLA GOGGIN

11th circuit, Florida, manufacturing, negligence, product liability, supermarkets

A kitchen equipment manufacturer ordered to pay a multimillion-dollar verdict to a grocery store butcher whose arm was amputated by a meat saw asked an 11th Circuit panel Wednesday for a new trial on the butcher’s negligence lawsuit.

Appeals Law Personal Injury

Breast Implants

May 15, 2020May 18, 2020 BRIEF

dbrief3, FDA, Ninth Circuit, product liability

The Ninth Circuit upheld the dismissal of a woman’s product liability claims arising out of injuries she suffered from her silicone gel breast implants manufactured by Mentor Worldwide. The woman did not sufficiently allege the company violated a Food and Drug Administration requirement.

Appeals Business Consumers Law

Ohio High Court Weighs Amazon’s Liability for Caffeine That Killed Teen

April 29, 2020April 30, 2020 KYLE ANNE UNISS

Amazon, athletes, China, Ohio, product liability, retail, teens, Wrongful Death

Amazon argued before the Ohio Supreme Court that it is not at fault for a high school student’s death caused by a third-party product.

Consumers Entertainment Personal Injury

Vibrator Burns

April 1, 2020April 2, 2020 BRIEF

dbrief5, Experts, product liability, sex

A woman who was burned while using her B Yours Vibe 2 vibrator may pursue her design defect claims against the seller of the device, a federal court in Washington ruled, finding that her electrical-engineering expert’s testimony is admissible given the “‘liberal thrust’ of the Federal Rules.”

Business Consumers Personal Injury

Car Seats

February 21, 2020February 21, 2020 BRIEF

automotive, Brief6, children, product liability, product safety

Federal class actions in Boston and Sacramento claim Evenflo’s child booster car seats are not safe, as advertised, and plaintiffs’ children were injured because of it.

Appeals Business Consumers

En Banc 3rd Circuit Weighs Amazon Liability to Blinded Woman

February 19, 2020February 19, 2020 EMILEE LARKIN

Amazon, dogs, negligence, product liability, retail, Third Circuit

An appellate panel once revived the case, but the full Third Circuit stands in the way now of a woman’s fight to hold Amazon liable after she was blinded in an accident with a retractable dog leash.

Consumers Health Personal Injury

Medical Devices

February 19, 2020February 19, 2020 BRIEF

Brief7, Medical, product liability, recall

Three people sued Torax Medical and Ethicon in separate federal complaints, claiming they made a defective titanium implant to relieve gastroesophageal reflux that was recalled, and had to be removed.Three people sued Torax Medical and Ethicon in separate federal complaints, claiming they made a defective titanium implant to relieve gastroesophageal reflux that was recalled, and had to be removed.

Consumers

Shattering Sunroofs

February 11, 2020February 12, 2020 BRIEF

automotive, dbrief1, product liability

A federal court in Washington state dismissed a 2013 Ford Escape owner’s consumer protection suit relating to the spontaneous shattering of her vehicle’s panoramic glass sunroof. The failure rate of the sunroofs is .5 % and the consequences of such a failure are not so severe as to qualify as a material defect.

Consumers Health International

EU Court Adviser Limits Breast Implant Claims to France

February 6, 2020February 7, 2020 MOLLY QUELL

damages, EU, European Court of Justice, France, product liability, surgery

Only the victims of defective breast implants made by French manufacturer PIP who had their surgeries in France are eligible for compensation, an adviser to the EU’s highest court said Thursday.

Business Personal Injury

Burning Blanket

January 31, 2020February 3, 2020 BRIEF

Brief8, Fire, product liability, retail, Wrongful Death

A widower sued Sunbeam Products dba Jarden Consumer Solutions in federal court, claiming its defective “heated throw,” or electric blanket, started a fire that killed his wife.

Business Consumers Health Personal Injury

Medical Product Liability

January 23, 2020January 24, 2020 BRIEF

dbrief3, HIV/AIDS, Medicine, negligence, product liability

Product liability claims against the Japan-based manufacturer of an allegedly defective colonoscope may continue, a federal court in Georgia ruled. The plaintiff claims the colonoscope permits infectious materials to be transferred from one patient to another and caused him to contract HIV, which he then passed to his wife.

Appeals Business Health Law Personal Injury

Medical Product Liability

January 14, 2020January 15, 2020 BRIEF

dbrief2, Medicine, product liability, Seventh Circuit, surgery

The Seventh Circuit upheld a $20 million product liability award against Johnson & Johnson and Ethicon for complications a woman experienced after she had a transvaginal mesh medical device implanted.

Business Environment

Monsanto Denied

January 3, 2020January 3, 2020 BRIEF

Agriculture, dbrief3, Monsanto, pesticides, plants, product liability

A federal judge denied Monsanto and BASF Corp.’s motion for summary judgment in a product liability suit accusing it of creating an “ecological disaster” by releasing a dicamba-tolerant seed with no corresponding dicamba herbicide.

Consumers Personal Injury

Just For Men

November 8, 2019November 12, 2019 BRIEF

Brief8, product liability

One hundred thirty-five men sued Combe Inc. in federal court, claiming its Just For Men hair dye caused permanent depigmentation and scarring on their scalps.

Appeals Government Technology

Boeing Wins One

November 1, 2019November 4, 2019 BRIEF

Aviation, Boeing, Brief7, crash, Marines, military, Ninth Circuit, product liability

In some good news for beleaguered aeronautical giant Boeing, the Ninth Circuit agreed Friday that Boeing can’t be held liable for the death of a U.S. Marine who was killed in an Osprey Mayhem 11 crash since the U.S. government was heavily involved with and approved the aircraft’s design.

Business Consumers Personal Injury

Exploding Blenders

October 25, 2019October 25, 2019 BRIEF

Brief5, explosion, product liability

A woman sued Nutribullet in federal court, claiming its defectively designed blenders explode and injure people — the 51^st such lawsuit this year, according to the Courthouse News database.

Business Consumers Health National

Vaping Companies Brace for Wave of Lawsuits Over Lung Illness

October 25, 2019October 25, 2019 IZZY KAPNICK

diseases, product liability, Tobacco, Vaping

Vaping product manufacturers nationwide are bracing for an onslaught of product liability lawsuits arising from an outbreak of vaporizer-linked respiratory illnesses, as mystery lingers over what’s causing the illnesses, now blamed for more than 30 deaths.

Health Personal Injury

Cold Medicine

October 22, 2019October 23, 2019 BRIEF

dbrief3, pharmaceuticals, product liability

A Washington appeals court revived a mother’s claim under the state’s products liability act against the maker of a homeopathic cold medicine. The mother claims the medicine caused her infant’s death.

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