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Product Liability Injuries Archives

Beware of defective and unsafe Toys

Christmas Toys: How to play it safe - Injury HelpLineStill shopping for toys to put under the Christmas tree? You might want to check out the list of the ten worst toys of 2017 before you head back to the stores. Some toys are best kept away from children, especially if they are under 5 years old.

In 2016, there were an estimated 240,000 toy-related injuries treated in U.S. hospital emergency departments. An estimated 166,300 (69 percent) of those injuries occurred to children 12 years of age or younger.

Learn about the CPSC Toy Safety System

Purchase safe toys for ChristmasThankfully the U.S. Consumer Product Safety Commission (CPSC) has created a sophisticated toy safety system to address many toy safety problems. All children’s toys must be tested and certified to the Standard Consumer Safety Specification for Toy Safety (ASTM F963-16). In addition each toy has too meet a variety of additional requirements pertaining to lead content, phthalates, small parts and toy tracking labels.


Top Ten Toy Safety Tips for a worry-free Holiday

However stringent the CPSC requirements may be, parents should remain vigilant to keep their children’s playtime safe. Here are few common sense tips to observe when choosing your children’s Christmas toys:

1. Check the labels

See if the toy meets safety standards, check the recommended age and review the materials used to manufacture the toy.

2. Think big

Injury Helpline recommends to avoid toys with small parts Don’t buy children under 5 toys or games with small parts that could become a choking hazard.

Avoid marbles, balls, and games with balls that have a diameter of 1.75 inches or less. (If they can fit through a toilet paper roll tube, they are too small). Until the child reaches 3 years of age, the toy should be bigger than his or her mouth to prevent the possibility of choking.


3. Choose sturdy, high quality toys

Choose toys that can withstand rough playtime without breaking into small or sharp pieces. Parts, strings and straps should be securely attached.

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In February 2016, a Missouri jury ordered the pharmaceutical giant, Johnson & Johnson, to pay $72 million for the wrongful death of Jacqueline Fox. Fox was diagnosed with ovarian cancer after using Johnson & Johnson baby powder with talc for feminine hygiene purposes, for more than thirty-five years.

Punitive Damages Awarded by Jurors

Fox’s family claimed Johnson & Johnson was well aware of the link between ovarian cancer and the use of talcum powder for feminine hygiene, yet issued no warnings to women. Fox died a few months prior to the beginning of the trial, yet in depositions said she wanted other women to know of the potential dangers from using talcum powder. The Fox wrongful death settlement was split into $10 million in compensatory damages and $62 million in punitive damages.

Just over two months later, a second Missouri jury awarded plaintiff Gloria Ristesund $55 million for her talcum powder product liability claim. Ristesund also said she used J & J baby powder with talc and Shower to Shower regularly for more than three decades, then developed ovarian cancer in 2011. Ristesund’s award was split into $5 million in compensatory damages and $50 million in punitive damages.

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texture-860666_1920One of the most commonly known car-related product flaws is the Toyota gas pedal issue, where certain Toyota vehicles had the gas pedal stick when it was pressed down. This issue resulted in numerous drivers losing control, which caused injury accidents and even fatalities. Toyota was forced to recall more than four million vehicles and eventually reached a settlement of $1.1 billion for consumers who had been injured or harmed by the defect. This particular settlement contained no admission of fault on the part of Toyota.

Faulty Takata Airbags Result in Injury and Death

Another car-related product liability issue is the defective Takata airbags, which mostly affected cars built between 2002 and 2008, but also included models through 2014 in some cases. The main issue with the recall is that some airbags can deploy explosively, injuring or even killing car occupations. This issue involved the airbag’s inflator, which is some cases would ignite with explosive force. If the casing ruptured in a crash, there was a possibility that metal shards could be sprayed from the airbag throughout the vehicle’s cabin.

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Generally speaking, if you are injured while working a construction job, you are entitled to workers’ compensation benefits, including payment of medical expenses and some compensation for lost income. Workers’ compensation construction-9-1230280 (1)benefits typically prohibit a construction worker from suing their employer; however, a workers’ compensation claim only requires the employee to show an injury occurred while on the job. There are certain circumstances, though, where other parties may be liable for construction injuries, which may result in the ability to file a third-party lawsuit in conjunction with a workers’ compensation claim. Some of the most common accidents on a project site are caused by falling from heights (scaffolding, rooftops, ladders) and being struck by a falling load or object.

Construction Injury Liability: Who is Responsible?

Liability in a third-party construction injury lawsuit may include the construction site owner, the general contractor, a sub-contractor, the manufacturer of faulty equipment and any other third-party that contributed to the injury due to negligence or gross misconduct. An important factor in construction injury liability for site owners and contractors is the degree of control that they have in a particular environment. The degree of control the construction site owner and contractors have over the premises and the work being conducted help determine if, and to what extent, they may be responsible for an injury that occurs on a construction site and under their supervision.

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Drug Interactions a Serious Health Concern

We live in an age where medical and pharmaceutical research is something we take for granted. The medical procedures and medications we rely on to maintain and improve our health are often seen as safe, reliable and easy to obtain. Yet these advances in medical technology do not come without risks, especially when we take two or more types of drugs. The risk of drugs interacting with one another to cause negative, and potentially deadly, side effects is a very real one, and one that leads to a shockingly high number of deaths and injuries each year.

Prescription Drug Interactions Deadlier Than Car Crashes

About 34,000 people die every year as the result of automobile crashes, while more than 2 million people sustain injuries. Meanwhile, the Food and Drug Administration reports that adverse drug reactions, or ADRs, are responsible for killing nearly three times as many people as those killed in car crashes. The FDA reports that about 100,000 people die from ADRs each year, while another 2 million suffer serious complications.

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What Happens if You’re Injured by a Dangerous Product?

Whether it’s a laptop with an overheated battery, a car with airbags that fail to deploy, or prescription medication that leads to serious side effects, consumers are constantly using a variety of products that can and do lead to injuries, harm, and even death.

When someone suffers an injury as the result of using a product, they often wonder if they can sue to recover damages. These types of cases are known as product liability cases. In order to prevail in such a case, consumers usually have to show that the product manufacturer is negligent.

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When Your Medication Harms You: Pharmaceutical Drug Liability

Prescription pharmaceutical names like Vioxx, Fen-Phen, and Baycol are primarily famous not because of the good they did, but because of the harm they caused. Pharmaceutical companies release dozens of new prescription medications every year, and every year more people suffer because of drug-related problems. Someone who suffers harm as the result of taking a prescription medication can often recover money for the injuries they’ve endured. Like other product liability cases, pharmaceutical drug cases typically involve a number of common elements.

Prescription Drug Liability: Chain of Distribution

A prescription drug is a complicated product, one that involves participation of numerous people and organizations. When someone is hurt as the result of taking a prescription medication, finding out who was responsible involves looking at a lot of possible suspects.

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