product liability

Published on: May 14, 2022

NHTSA Launches New Critical Recall Safety Feature on Website

Recalls on cars can be made for a number of issues, most of which in safety concerns. These can include faulty brakes, seatbelts and even headlights. A number of recent car recalls have involved vehicles that are at risk of engine fires even when they are parked. The federal administration has recently launched a new feature on its website that specifically alerts owners to the dangers of fires and other critical safety risks with these defective automobiles.

The National Highway Traffic Safety Administration provides information about car safety recalls on its website. However, a number of recently recalled vehicles have involved critical safety risks like engine fires. In 2022 alone, Kia Motors and Hyundai have initiated recalls of more than 485,000 automobiles because of engine fire risks. The risk in all of these automobiles is that the cars can catch fire not only when they are being operated, but also when they are parked. The companies admit that they have received at least 11 reports of fires that occurred in these automobiles, although none of these resulted in injuries.

Any kind of car fire can lead to catastrophic consequences. In the case of a car that is being driven, both driver and passengers could be at risk of injuries. In the case of a parked car, it is not just the car that is at risk of fire damage, but cars parked nearby as well as structures are also at risk of major damage. Recalls of such cars are critically important because of the risk of injuries as well as property damage.

Published on: July 15, 2017

Seniors with Dementia May Be at Risk of Poisoning from Laundry Detergent Pods

by Robert N. Katz, Esq.

It’s not just young children who may be at risk of poisoning after ingesting brightly-colored and attractively packaged laundry pods. The Consumer Product Safety Commission (CPSC) is increasingly coming across cases involving seniors with dementia who have swallowed these pods by mistake, causing severe injuries, and in many cases, fatalities.

Laundry detergent pods are brightly packaged and come in several shiny hues. These qualities make them extremely endearing to children. The pods are designed to dissolve as soon as the packaging comes into contact with water. Children are naturally attracted to shiny, colorful things.

Children can be at risk of poisoning as soon as they put these pods into their mouths. In fact, the CPSC is aware of incidents involving persons who died after swallowing or ingesting these laundry detergent pods. Ingesting even one such pod could be dangerous, and even lethal.

Published on: December 12, 2016

Avoid Dangerous Toys This Holiday Season

by Robert N. Katz, Esq.

Buying toys and gifts for loved ones this season? Here are some tips to keep in mind, especially if shopping for young children.

Many popular toys come with severe injury risks, specifically the risk of eye injuries. Injuries involving toys are far too common to ignore. The Consumer Product Safety Commission estimates that in 2014, there were approximately 251,800 injuries related to the use of toys reported to emergency rooms across the United States. That works out to approximately 500 child injuries every single day. Nearly 50% of these injuries involved children below the age of four. And a significant 44% of those injuries involved injuries to the face and head areas.

The eyes are especially vulnerable to impact from projectiles, or sharp edges on children’s toys. These injuries can be severe, and even have permanent effects on the victim. One study published recently in the JAMA Ophthalmology journal found that air guns, basketballs and baseballs cause approximately 50% of all sports-related eye injuries.

Published on: March 2, 2016

Accidents Caused By Defective Seatbelts

by Robert N. Katz, Esq.

Seatbelts are arguably the single most important automobile safety invention in history. However, when seatbelts are defective, there is a serious risk of injury to car occupants.

Seatbelt use across the United States is at close to all-time highs. According to the National Highway Traffic Safety Administration (NHTSA), in 2015, seatbelt use across the United States reached 88.5%. That was an increase from 86.7% recorded in 2014. Although that is not believed to be a statistically significant difference, it is encouraging to note that Americans continue to buckle up even though cars now come with several high-tech safety features. The fact is that in many different types of accidents, it is the seatbelt that significantly reduces the risk of serious injuries or death.

Make sure that you and other people in your car are always buckled-up while driving. Children must not be restrained in seatbelts unless they have reached the proper age and weight.

Published on: October 31, 2011

CPSC Product Safety Database Hit with First Lawsuit – Effort to limit likelihood of Product Liability Claims

by Robert N. Katz, Esq.

This was something that Atlanta personal injury lawyers had been expecting.Ever since the Consumer Product Safety Commission database that allows consumers to upload complaints about products went online, the attorneys at our law firm have been expecting manufacturers to challenge the manner in which the database allows consumers to publicly post complaints about products.That is exactly what has now happened.An unidentified company has filed a lawsuit to block the Consumer Product Safety Commission from posting what it describes as “baseless allegations” about one of its products.

The database in question here is located on the website saferproducts.gov.The website is operated by the Consumer Product Safety Commission, and the establishment of the website was one of the provisions of the Consumer Product Safety Improvement Act of 2008.That law had been passed after a tumultuous couple of years for product safety in the country.Millions of children’s products and toys had been recalled for high lead content levels, and a number of other deficiencies.The database serves as an early identifier of products which contain defects which may result in severe personal injury or wrongful death.

The database which was launched in March this year, allows consumers to upload complaints about products.These complaints are posted online, and are publicly accessible.Other consumers can view these complaints, and make informed decisions about the products they want to buy.Consumers can post complaints about thousands of products.Manufacturers are given the opportunity to review these complaints, and post their responses.

Published on: October 12, 2011

FDA Likely to Declare Surgical Mesh Devices as High-Risk Because of Injury Hazards – Product Liability Claims Likely

by Robert N. Katz, Esq.

Under pressure from consumer safety advocates and product liability attorneys, the Food and Drug Administration is likely to soon limit access to surgical mesh devices because of the high risk of personal injury and complications resulting from the use of these. The Food and Drug Administration has confirmed that it will soon review the safety of the devices, which are used to treat pelvic organ prolapse in women.In this condition, the uterus and other organs shift from their position, and protrude through the body.The condition is frequently seen in women after childbirth.A surgical mesh device is used to keep the protruding organs in place.These devices are implanted transvaginally.

However, the Food and Drug Administration has been aware of complaints involving complications in women who had been implanted with surgical mesh products, for a while now.According to the Food and Drug Administration, between January 2008 and December 2010, it received more than 1,500 complaints of complications associated with the use of surgical mesh products.In July, the agency issued a safety warning about the products.Most of the complaints alleged chronic pain after the insertion of the surgical mesh.Women have also reported complaints about painful sexual intercourse.

What has seemed really outrageous to Atlanta product liability attorneys is that many women, who have had these surgical mesh products implanted and now face chronic and consistent pain, could have been treated even without the use of these devices.Doctors now believe that an unknown number of women may have had surgical mesh produces implanted to treat pelvic organ prolapse, when there are noninvasive techniques that can help treat the condition. In fact, the Food and Drug Administration believes that the use of surgical mesh product exposes patients to more severe injury risks, compared to traditional non-mesh repairs.The increased risk from the use of the surgical mesh does not translate into higher benefits for these patients.The Food and Drug Administration says that it has not seen any evidence to indicate that the use of the surgical mesh treats the condition any better than non-mesh procedures.

Published on: June 21, 2011

Table Saw Injuries in Atlanta are Preventable making Product Liability Claims more likely

by Robert N. Katz, Esq.

Thousands of persons are injured every year in table saw accidents, many of them occurring in Georgia.These horrific injuries include amputations and involve not just woodworkers and other workers, but also DIY fans.Personal injury attorneysand Workers’ Compensation lawyers have been regularly pointing out that the technology to prevent these accidents not only exists, but has also been widely proven to prevent amputations and other injuries from table saw accidents.However, the technology has been widely resisted by the manufacturer lobby.That might soon change.

Last week, the National Consumers League accompanied by injured workers traveled to Washington to meet with representatives of the Consumer Product Safety Commission.Also attending were manufacturers of table saws who took the opportunity to demonstrate the latest guarding technology that they have developed to prevent table saw-related injuries.Unfortunately, the guarding technology that these manufacturers have developed is cumbersome to use and not very popular.

The technology that can actually prevent these injuries however has been developed by an inventor called Steven Gass.The technology, SawStop works by using electrical sensors to detect a human finger.When a finger is detected, the blade comes to a stop within a few one thousandths of a second.The technology promises to virtually eliminate fingertip amputations from table saw-accidents, but the manufacturer lobby believes that mandating SawStop on all tools, would give its maker a monopoly.

Published on: May 29, 2011

NHTSA Acts to Prevent Injuries from Defective Motorcycle Helmets

by Robert N. Katz, Esq.

The National Highway Traffic Safety Administration is coming down hard on manufacturers of novelty helmets that do not protect motorcyclists.These novelty motorcycle helmets are not approved by the Department of Transportation, and do not protect motorcyclists from injuries in a motorcycle accident.As an Atlanta motorcycle accident attorney, I am well aware of many serious injuries arising after accidents in which the driver was wearing a novelty helmet.

Helmets are a motorcyclist’s first line of defense against injuries in an accident.It’s important that motorcyclists wear helmets that are approved by the Department of Transportation.The National Highway Traffic Safety Administration will soon require new motorcycle helmets to come with a label that contains the words “DOT FMVSS 218 Certified.”

Novelty helmets have recently become very popular, because of their designs.However, testing has found that these helmets do not meet safety standards set by the National Highway Traffic Safety Administration.Those safety standards are contained in the Federal Motor Vehicle Safety Standard 218.These standards cover a number of criteria, including impact absorption and penetration resistance.

Published on: June 20, 2010

Reclining Seats Increase Risk of Injuries and Death in Auto Accident

by Robert N. Katz, Esq.

It is not something that we give a second thought to while riding in someone’s vehicle. In fact, most of us have probably done it at some time or the other. We are talking about reclining the passenger seat when you’re in a moving vehicle, for some quick shut eye. However, a recent study indicates that you have an increased risk of injury in an auto accident if you seat is reclining.

Trauma care doctors at the Seattle’s Harborview Medical Center studied a pattern of injuries in passengers who were in reclining seats during an auto accident. The researchers found that no matter which part of the country these accidents occurred, passengers who were in reclined seats were much more likely to suffer head injuries, spinal cord fractures, leg injuries and severe chest trauma. In fact, the study found that when the passenger was in a partially reclined seat, his fatality risk shot up by 15%, and if he was in a fully reclined seat, his fatality risk spiked by up to 70%.

Reclining seats have long been touted by auto makers as an affordable piece of luxury. However, not many passengers are aware that their risk of death in an auto accident increases dramatically, if they’re in a reclining seat at the time of the crash. Automakers have always known about these risks. That’s why most of them mention these risks in the car’s user manual. Unfortunately these warnings, when they do appear, are always in obscure fine print, the kind that hardly anyone bothers to read. That lack of warning is very disturbing to Atlanta accident lawyers, considering the dramatically diminished odds of surviving an accident if you’re in a reclining seat.

Published on: April 20, 2010

Consumer Product Safety Database Available Next Year

by Robert N. Katz, Esq.

New CPSC Database Will Let Consumers Know of Product Injuries Before a Recall

The Consumer Product Safety Commission is investing more than $20 million in establishing a searchable database that will make information about product injuries available to consumers before any recall is announced. It’s a development that was long overdue, and promises to offer American consumers the kind of information and knowledge they need to make safe choices for their families.

The final details of the database have not been established yet. It is likely to be available on saferproducts.gov, and is expected to be online by this time next year. Once up, the database will contain information about literally thousands of consumer products, from gifts, cribs, and strollers to power tools and electronic appliances.