Product Safety: Who is responsible for today's safer products?

Author: Attorney Malcolm P. McConnell, III

On a recent, late autumn afternoon, I was mowing my lawn for the last time this year.  As I reached the edge of my yard, I attempted to turn the lawnmower around to cut the next strip of grass.  The lawnmower stuck a large stick that had fallen from a tree and it stopped moving abruptly, causing me to stumble and fall over and in front of the lawnmower.

As I fell, I let go of the lawnmower handle, releasing the spring-loaded lever that killed the engine.  By the time I hit the ground, the engine was off and the blades were no longer turning.

I stood up, unharmed (but a bit embarrassed) by my fall, and realized that only the safety features in the…

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Automotive Products Liability: Update on Toyota's "Sticking Gas Pedals"

Author: Attorney  Scott D. Fitzgerald

On August 28, 2009, the gas pedal on Mark Saylor's loaned Lexus ES3500 stuck under the floor mat while he was driving the car on a San Diego highway.  After reaching speeds approaching 100 mph, a passenger was able to place a frantic 911 call before Mark Saylor lost control and crashed, killing everyone in the vehicle.  The family's products liability claim against Toyota was later settled for an undisclosed sum.[1]

Over the past decade, the National Highway Safety Transportation Administration (NHSTA) has received over 3,000 reports of sudden acceleration incidents involving Toyota manufactured vehicles.  Upon investigation, many of them appear to have involved…

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FAQ: Why Do I need To Contact An Attorney Promptly After An Accident?

The Importance of Prompt Investigation After an Accident

Author: Attorney Trent S. Kerns

How can you prove that a product was defective without the product in a product liability case?  How can you prove that a condition was unsafe if the condition has been altered or removed?  Many personal injury cases become unwinnable because there is not a prompt investigation.

I recently had a case in which the wooden stairs to a second floor deck of my client's home pulled loose and caused her to fall.  As a result, she was severely  injured.  Fortunately her son-in-law suggested that she contact an injury lawyer at Allen and Allen immediately, and she did so.  Knowing that there had to be some defect in…

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Complex Regional Pain Syndrome: An Enigmatic Enemy

Author: Attorney P. Christopher Guedri

In my years as a Virginia personal injury attorney I've helped clients with a dizzying array of injuries and medical conditions. It always saddens me when I see someone whose suffering could have been mitigated if their condition had been diagnosed in time.

One client, a State Trooper, fell victim to misfortune and a defective product. After slashing his finger to the bone on a hubcap, he developed Complex Regional Pain Syndrome and watched helplessly as his right hand curled and warped into a misshapen claw-like appendage. This injury ended his career as a state trooper.

Complex Regional Pain Syndrome, or CRPS, is a chronic, progressive disease characterized…

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Case Study - Product Liability Case: Moyer v. General Motors

Author: Attorney P. Christopher Guedri

A vehicular pursuit can result in all sorts of unpleasant outcomes, and losing a hubcap would generally rank among the least worrisome. But for one unfortunate trooper, it was as devastating as a high speed crash.

State Trooper Jason Moyer was engaged in the pursuit of another vehicle when his squad car lost a hubcap. He dutifully obtained a replacement and set about its installation, but during the process the air valve became wedged underneath the new hubcap. Trooper Moyer reached behind the hubcap in an attempt to free the valve, and sliced his finger to the bone on the razor sharp inner edge of the hubcap.

Under ordinary circumstances this would…

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Product Liability - An Overview of the Law of Dangerous and Defective Products

Jason W. Konvicka, Richmond, VA Personal Injury Attorney

Author: Jason W. Konvicka, Richmond, VA Personal Injury Attorney

Products liability is an area of the law that relates to the legal responsibility of manufacturers, wholesalers, and retailers for defective products that injure those using the products after they enter the marketplace. Various parties may be responsible for a dangerous product. They include the designers of a product, the manufacturers of component parts (parts used to make a product), an assembling manufacturer (the company that takes the component parts and assembles them in to the final product), a packaging and user manual creator (who prepares warnings, instructions, labels, and directions), wholesalers (who sell the products from…

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Medical Alert: DePuy Hip Replacement Recall

Author: Attorney Jason W. Konvicka

In August of 2010, Johnson & Johnson's artificial joint replacement company, DePuy Orthopaedics, Inc., issued a recall of two hip replacement products because of excessively high failure rates that required second surgeries.   If you or someone you know has had a hip replacement that may have used one of these products, you should be aware of this recall.

What DePuy Hip Replacement Products Have Been Recalled?

ASR Hip Resurfacing System ASR XL Acetabular System

What Was the Cause of the Recall?

The recall came after data showed that one in eight patients needed a "revision surgery," which is required when an artificial joint…

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Products Liability Law Suits Making Consumers Safer - The AAJ Reports

The American Association for Justice Report: They Knew and Failed To...

Introduction by Attorney P. Christopher Guedri

As a trial lawyer who has handled a number of complex products liability cases over my career, I view one of the rolls of the American civil justice system to protect consumer rights against corporations who knowingly endanger and fail to protect their customers. A recent report out from the American Association for Justice (AAJ), outlines scenarios where corporation responsible for product failures which endangered the lives of consumers, some even resulting in deaths, not only had knowledge of the products' dangers, but also failed to do anything about it. Because…

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After Market Tire Rims: Cash Buys Flash, but Will You Crash?

Are After Market Rims Safe?

Don't you love those flashy, huge rims that dress up cars today? Dubs, blades, speeds, spinners and twenties are beautiful and add personality that distinguish my car from the next guy who has the same make and model. 1

But those flashy wheels come with a risk. There have been many instances of after-market wheels collapsing or breaking causing serious car crashes. Rims available from suppliers other than your vehicle's manufacturer are after- market products, products not manufactured specifically for your vehicle. Wheel rims are typically forged or cast aluminum. For high stress applications like automobile wheels, aluminum is blended with other materials…

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