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Products
that are not safe for their intended use often result in
personal injury. Products can be inadequate in their design,
manufacture or in the warning. Injury can occur in the home
with use of defective products utilized in our daily lives
such as defective knife sharpeners, contaminated food, hair
dryers which cause fires or garage door openers which have
no safety shut off. Injuries also occurr in recreation;
for example, three wheel all terain vehicles and SUV's that
rollover, motorcycle or football helmets that don’t
protect. Injuries from products also occur in the workplace,
(punch press that goes off unexpectedly, oven which explodes,
gas valve that leaks). Consumers have rights that protect
them from defective or unreasonably dangerous products,
and are entitled to the resonable expectation that a product
will be safe for its intended use. Manufacturers have a
duty to make a safe product, and not produce or sell unreasonably
dangerous products. The failure to design manufacture and/or
market a safe product can give rise to a product liability
claim.
Practical
Articals
FENLURAMINE/DEXFENFLURAMINE
WITHDRAWAL
1998
The Estate of Max Harrell (deceased) v. Gaylord Foundry
Equipment Co., et al.
Plaintiff,
Max Harrell, deceased, was a 61 year old man working at
an aluminum coring foundry when a solenoid gassing valve
stuck open causing sulfur dioxide gas to leak into the ambient
work air. Mr. Harrell was a known asthmatic and was exposed
to the gas causing an asthma attack which resulted in suffocation
and death. The widow brought suit alleging product defect
and failure to warn. Defendants contended the employer misused
the product and Plaintiff should not have been working in
that environment.
1998 Randall Figuly v. Fortune Products, Inc. et al.
Plaintiff,
a 26 year old line cook, was injured when the knife sharpener
he was utilizing fractured in his hand allowing the knife
to run free lacerating his wrist, partially severing the
nerves, tendons, and muscles in his left hand. Plaintiff
alleged negligent design, manufacture and inadequate warnings
on the knife sharpener. Defendants contended misuse of the
product by the Plaintiff and his employer.
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1998
Jane Doe v. XYZ Company
Plaintiff,
purchased and consumed ice cream from defendant which was
contaminiated with listeria bacteria resulting in a surical
diversion of her colon. (colectomy), which was later reversed.
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1995
Joe Frankovich v. Asplundh Tree Expert Co., et al.
Plaintiff,
an electrical lineman, suffered electrocution when he came
in contact with 13,700 volt tension lines while working
in an Asplundh line lift bucket truck. Plaintiffs alleged
design defect in the controls of the bucket in that they
were confusing and reversed directions when the bucket was
operated in an over center position (over 90°), making
it unreasonably dangerous to the operator. Mr. Frankovich
lost his left arm, all his back muscles and suffered serious
internal injuries.
| Settlement |
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