Patron Law Firms
| Consumer/Accident Victim Resources |
 |
 |
 |
|
FAQs
Vehicles: June 17, 2011: MILLIONS of Jeep Grand Cherokees from the 1993 through 2004 model years are particularly susceptible to fires when struck from behind and should be recalled, an auto safety group says, based on its review of three independently conducted crash tests, including one performed last month. (more) May 3, 2011: Honda has recalled hundreds of thousands of 2001-2003 Honda and Acura models for airbag issues since 2008, and now the Japanese automaker is re-recalling those vehicles. Honda is inspecting 833,000 vehicles for airbags that deploy with too much pressure, which could lead to metal fragments passing through the airbag cushion material. This defect has resulted in 12 injuries and one death since 2010. (more) March 17, 2011: Toyota has been granted the ability to gather financial data on 81 plaintiffs filing lawsuits against the automaker over losses associated with claims of unintended acceleration. According to The Salt Lake Tribune, two private judges ruled that the automaker could, in fact, secure information from banks, lending and insurance institutions. (more) March 3, 2011: The Detroit News is reporting that Ford and The National Highway Transportation Safety Administration have announced the recall of over 30,000 vehicles. A total of 23,688 Ranger pickups are being brought back to dealers to inspect fuel lines for potential chafing. The problem may result in a gasoline odor or a fuel leak, but is only present on 2010 vehicles equipped with the company's 2.3-liter four-cylinder engine. Additionally, Ford is also re-inspecting certain 2011 F-150, F-250, F-350, F-450, F-550, Edge and Flex models that were covered under a previous recall last December. (more) March 1, 2011: NEW YORK (CNNMoney) -- Faced with complaints of battery packs in Civic Hybrids dying prematurely, American Honda Motor Co. offered a free software upgrade last summer to fix the problem. Many owners say it only made things worse. (more) February 24, 2011: The CPSC product recalls roundup for February 2011 is alarming for many reasons, but the major one is because of the amount of them. While looking on their website we have counted 34 recalls – that’s around 1.4 a day, as the month is not even over yet. How many more can we expect to see over the next four days? (more) February 24, 2011: WASHINGTON (AP) — Toyota Motor Corp. is recalling 2.17 million vehicles in the United States to address accelerator pedals that could become entrapped in floor mats or jammed in carpeting. (more) February 8, 2011: NEW YORK (CNNMoney) -- An intensive 10 month investigation into possible causes of unintended acceleration in Toyota cars found no fault with the automaker's electronic throttle control systems, the Department of Transportation announced Tuesday. (more) January 27, 2011: WASHINGTON — Ford Motor Co. recalled more than 400,000 Windstar minivans in cold-weather states on Wednesday to fix brackets and mounts which could separate from the vehicle's subframe and cause a driver to lose control. (more) January 26, 2011: Tokyo (CNN) -- Toyota on Wednesday announced recalls involving more than 1.5 million vehicles worldwide for issues that could result in fuel leakage, the company said. (more) January 20, 2011: It looks like it will be some time before Toyota enters the court room for the very first of the mountain of lawsuits that were bundled by a federal judge in relation to sudden-acceleration claims. (more) January 13, 2011: This just in from a reader re: Chrysler Town and Country: Please help me….I’ve hit a brick wall with all my inquiries and this is a HUGE issue. December 27, 2010: After fielding more than 600 complaints, the National Highway Traffic Safety Administration is investigating whether General Motors should have recalled 384,000 Saturn Ion coupes and sedans as part of a larger recall earlier this year. (more) December 17, 2010: General Motors has issued a recall on its Theta crossover triplets, the Chevrolet Equinox, GMC Terrain and Cadillac SRX over safety belt buckle anchors that may fracture and separate in the event of a crash. A total of 97,843 vehicles are affected, all from the 2011 model year. (more) December 15, 2010: Volkswagen and Chrysler are recalling almost 750,000 vehicles in two separate recalls, according to documents filed recently with the National Highway Traffic Safety Administration. (more) December 14, 2010: Chrysler is recalling over 76,000 diesel Ram pickup trucks due to a problem with the braking system. The Rams built between March 2009 and October 2010 have a hydroboost brake system that may be equipped with a power steering reservoir cap. (more) December 9, 2010: According to the National Highway Traffic Safety Administration, certain 2011 Kia Sorento models were fitted with rear brake calipers that were improperly machined. (more) December 3, 2010: "On November 30, 2010, Toyota issued a Technical Service Bulletin that instructs technicians how to repair two weld nuts that may be damaged when removing the bolts used to attach the accelerator pedal to the bulkhead." So says the automaker in a statement you'll find after the jump. (more) December 1, 2010: It seems the FDA is not the only government agency awash in investigations of possible defective products. Several investigations are under way by the National Highway Traffic Safety Administration (NHTSA), among them an investigation into a possible fire hazard of Honda CR-Vs model-year 2006. Some 150,000 vehicles could be affected. (more) November 5, 2010: Mercedes-Benz has issued a recall for the 2011 E-Class, GL-Class, M-Class and R-Class due to leaky fuel filters. According to the National Highway Traffic Safety Adminstration, the vehicles' O-ring may not have been properly lubricated, and thus, can result in fuel spilling out onto roads, causing unsafe conditions for other drivers (more) November 3, 2010: We weren't at all surprised when hundreds of lawsuits popped up in the wake of Toyota's recall of millions of vehicles due to unintended acceleration issues. We're just as unfazed by the fact that earlier this week, Toyota filed a motion asking that the lawsuits be thrown out. (more) October 28, 2010: Nissan said Thursday it is recalling 2.14 million vehicles in the U.S., Japan, Europe and Asia for an ignition problem that may stall engines. (more) October 27, 2010: WASHINGTON — German automaker BMW AG issued recalls involving about 150,000 luxury vehicles on Tuesday to repair faulty fuel pumps that could cause vehicles to lose power. (more) October 21, 2010: TOKYO — The Toyota Motor Company announced a global recall of 1.53 million vehicles on Thursday because of brake and fuel pump problems, but stressed that the repairs reflected a companywide effort to be more proactive in addressing potential flaws. (more) October 11, 2010: Mercedes-Benz is recalling about 85,000 of its 2010 and 2011 cars in the United States because of potential steering problems. (more) October 1, 2010: BMW's recall of nearly 200,000 luxury vehicles in the U.S. to fix leaks that could develop in the power braking system may extend to another 150,000 cars of the same series around the globe, a spokesman said Friday. (more) September 27, 2010: The National Highway Traffic Safety Administration announced Sunday that automaker Hyundai is recalling nearly 140,000 Sonata sedans. (more) September 7, 2010: Kia Motors Corp. Vice Chairman Jeong Sung Eun resigned on Sept. 3 to take responsibility for a recent recall of four models, a company spokesman said. President Lee Hyoung Keun will replace him. (more)September 2, 2010: A Mississippi jury ordered Ford Motor Co to pay $131 million to the family of a man who died while driving an Explorer, an attorney for the family said on Thursday. (more) September 1, 2010: The National Highway Traffic Safety Administration is investigating “complete” steering failures on the new 2011 Hyundai Sonata. The agency said it began a preliminary investigation based on the Early Warning Reports all automakers are required to file about possible safety issues. It was not immediately clear from that report how many incidents were reported. (more) August 27, 2010: Back in May, the National Highway Traffic Safety Administration started investigating cases of rear axles breaking in late model Ford Windstar minivans after receiving hundreds of complaints from owners. Over three months later, an official recall has just been announced that covers 575,000 1998-2003 Windstars sold in "Salt Belt" states – places where road salt is used to melt away snow and ice during the winter months. Road salt can accelerate corrosion on the rear axle, which can cause the axle beam to break completely. (more) August 26, 2010: Toyota Motor, the Japanese automaker, said Thursday that it would recall 1.13 million compact cars, days after federal safety regulators upgraded an investigation into numerous complaints about the cars stalling. (more) August 20, 2010: Ford Motor Co. won a new trial in a lawsuit over brain injuries suffered by a teenager in a Bronco II rollover accident that resulted in a $31 million jury award against the U.S. automaker. (more) August 20, 2010: According to a report in The Washington Post, the event data recorders the National Highway Transportation Safety Administration used to investigate claims of unintended acceleration in Toyota vehicles have a history of problems. In one incident, a Toyota pickup that struck a tree in a single car accident was recorded as going 177 mph – far faster than any T100 we've ever seen. (more) August 19, 2010: Mazda plans to recall about 514,000 vehicles to repair power-steering systems that fail suddenly. (more) August 18, 2010: Kia Motors America and its suppliers are reviewing their manufacturing processes to track down what caused one driver to lose all steering ability in a two-month-old 2010 Kia Soul. (more) August 17, 2010: General Motors Co will recall more than 243,000 model year 2009-2010 crossover sport utilities, mainly in the United States, to inspect safety belts for possible damage, the automaker said on Tuesday. (more) August 11, 2010: The government’s investigation into complaints of sudden acceleration of Toyota vehicles has found no evidence of flawed electronics in 58 of the vehicles that crashed, federal regulators said Tuesday. (more) August 11, 2010: Two consumer safety groups are asking the Federal Trade Commission to order Enterprise Rent-A-Car to start fixing every vehicle with a safety recall before renting them to consumers. The groups say the request highlights the lack of a requirement that rental companies must fix recalled vehicles before renting them. (more) August 10, 2010: Honda has announced plans to recall 383,000 Civics, Accords and Elements built in 2003 and 2004. Due to a fault with the ignition interlock system that normally prevents the key from being removed until the transmission lever is in Park, the affected Hondas could roll away on their own accord. (more) August 4, 2010: Two pedals, inches apart, one for gas and the other for brakes. For years, a Japanese inventor has argued that this most basic of car designs is dangerously flawed. The side-by-side pedal arrangement, the inventor says, can cause drivers mistakenly to floor the accelerator instead of the brakes, especially under stress. The solution? A single pedal that accelerates the car when pressed with the side of the foot. More to the point, when the pedal is pushed down, it always activates the brakes. (more) July 29, 2010: Toyota Motor Corporation's recall woes have resurfaced today with official word that the company will recall some 373,000 second-generation Toyota Avalon models built between the 2000 and 2004 model years. (more) July 28, 2010: The National Highway Transportation Safety Administration is investigating older Volvo XC90 models for potential faulty electronics that could cause the headlights and turn signals to fail. So far, the government isn't aware of any crashes resulting from the fault, but 21 owners have filed a complaint. (more) July 28, 2010: BMW is recalling up to 12,400 new 5-Series sedans with defective fuel tank sensors. Bloomberg reports the fuel sensors can become wedged against the tank, causing the fuel gauge to display a higher amount of fuel than what is present. (more) Products March 31, 2011: In a culture where people cradle their cellphones next to their heads with the same constancy and affection that toddlers hold their security blankets, it was unsettling last month when a study published in The Journal of the American Medical Association indicated that doing so could alter brain activity. (more) March 28, 2011: With just a few days to go until we enter a new month, we thought that this would be the ideal time to look over the March 2011 Product Recalls, which as we can see from CPSC is very extensive. We can already see that there have been 45 recalls so far, and we still have a few more days left in the month. (more) January 12, 2011: Seymour, IN: A 16-year-long battle between the owners of an apartment building and the former tenants who claimed their children had been poisoned by the careless use of a pesticide finally ended with a $23 million verdict awarded to the Eibling family. Finally, there’s a resolution at hand for both the Eiblings and their attorney, who pounded against what must have seemed like at times a brick wall. (more) December 23, 2010: Abbott Diabetes Care is voluntarily recalling 359 million glucose test strips because they may be defective and cause false low blood glucose readings, the Food and Drug Administration (FDA) announced Wednesday. (more) December 2, 2010: Chicago, Il: DePuy Orthopedics has recently issued a voluntary recall of two of its hip replacement implants. In a statement on its Web site, the company says, "Data recently received by the company shows that more people than expected who received the ASR Hip System experienced pain or other problems." The two systems are the ASR XL Acetabular System and the DePuy ASR Hip Resurfacing System. (more) December 1, 2010: Home improvement retailer Lowe's said Wednesday that it is recalling 11 million Roman shades and blinds because they could strangle young children. (more) October 28, 2010: The Consumer Product Safety Commission and Dollar Tree Stores are recalling 682,000 battery-operated Halloween lanterns that can overheat, the agency announced Thursday. (more) October 20, 2010: Graco Children's Products is recalling about 2 million strollers that have been blamed for four deaths, the company and the Consumer Product Safety Commission said Wednesday. (more) September 30, 2010: Mattel Inc.’s Fisher-Price subsidiary is recalling almost 11 million toys, including tricycles, after reports of children being cut or choking, the U.S. Consumer Product Safety Commission said today. (more) September 8, 2010: The good news is that booster seats are getting safer. The bad news is that there are still some seats out there that may not protect your child in a crash, a report released Wednesday showed. (more) September 3, 2010: Toshiba has announced the voluntary recall of about 41,000 notebook computers worldwide at risk of overheating and burning users. (more) August 26, 2010: Navigation device maker Garmin Ltd. said Wednesday it is recalling roughly 1.3 million Nuvi GPS devices worldwide because their batteries have the potential to overheat and create a fire hazard. About 796,000 of the GPS units were sold in the U.S. (more) August 19, 2010: About 3,700 Zooper strollers have been recalled for a frame latch failure that can result in the high-end stroller unexpectedly collapsing, federal safety officials announced on Thursday. The Zooper Tango double strollers were sold in 2007 and 2008 at retailers including Babies "R" Us, and cost between $400 and $430. (more) When is a product defective? A product is defective if it does not provide the level of safety that the community generally is entitled to expect. The level of safety will vary from case to case, and it is ultimately for the court to determine whether a product is defective. However, there are various factors the court will take into account when making its determination, including:
Products that are older and subject to more use would not necessarily be expected to be as safe as brand new ones. Similarly, products would not necessarily be defective simply because the safety of later models has been improved.
Because product liability laws vary from state to state, it’s important that you contact an attorney immediately if you suspect that a product has caused injury, illness or death. In many cases, product liability suits are judged strictly on liability, and do not take negligence into account. This means that individuals may be awarded damages regardless of whether design or manufacturing defects can be pinpointed; in many cases, the fact that the product injured someone or caused death is enough for the court to award damages. The physical, mental and financial ramifications of product defects can range from minor to long-term and devastating. Victims of product liability are entitled to be reimbursed for all medical costs, treatments, medicines, and therapies that result from product-related injuries. In addition to having to deal with the immediate physical and emotional ramifications of a product-related accident, victims must also deal with complex issues regarding insurance and finances. Without proper representation by an attorney, victims often find themselves hassling with insurance companies over treatment, and juggling large medical bills. Injured and ill individuals should seek medical attention immediately. Be sure not to dispose of the product that caused the illness or injury, as it will serve as important evidence. Because product liability laws vary from state to state, as do statutes of limitations, it’s important that the person who has become ill or injured in a product-related incident have an attorney go over their details right away. If the injured party is asked to sign papers from an insurance company, this should not be done until the attorney has had a chance to review the papers. An attorney will ensure the survivor isn’t waiving his or her rights or agreeing to a settlement sum that isn’t adequate to cover his or her care. The product liability provisions of the Trade Practices Act will generally apply to a company that:
The retailer may sometimes be deemed to be the manufacturer of the product and hence liable.
Several statutory defenses are provided to a manufacturer against a product liability action. The defenses are available when:
It should also be noted that when an injured person’s acts or omissions contribute to the loss, the court can reduce the amount of compensation payable to whatever extent is appropriate. The reduction could be as low as zero.
|
