There are many advantages to living in the United States. One of the most considerable such gains is the presence of numerous groups, agencies, and statutes to protect consumers against dangerous products. Virtually every product, whether it be the food that we eat, the medications that we take, the tools that we use, or the toys that our children play with is covered in some measure under these protections. There are also civil and criminal punishments in place to discourage companies from knowingly violating accepted safety standards. Despite this, some enterprises are driven by a boundless desire to pad their own bottom lines without concern for the consequences that putting dangerous goods into the marketplace might have upon consumers or the penalties that they will face if caught.
When you purchase something from a retail establishment, you have a reasonable expectation that it should be safe if used as intended. In cases where there are substantial inherent dangers associated with the proper utility of an item, there are typically federal requirements governing information that must be included on the package so that consumers are adequately informed about potential dangers. For a variety of reasons, however, there are some products that reach the marketplace with design, manufacturing, or other defects that expose those who use them to the risk of serious injury or death.
If you have been injured at the hand of a poorly designed product you may want to contact a product liability attorney. They can help you evaluate your injuries and determine the best way to proceed. According to the Chicago Sun Times, during a recent incident in Chicago, a woman had a brand new walk out bathtub installed. The product cost $12,000 however the second time it was used the owner fell and became stuck in the tub. This accident caused her to sit in the tub in water for 30 hours. Luckily her daughter found her and got her medical attention right away. The Chicago Sun Times reported that she then spent 4 days in the hospital and then a 3 month long nursing home stay to follow.
The woman attempted to pull the plug in the tub but the chain broke when she tried. Because the chain broke she was unable to drain the water and the injuries she sustained were more serious than if she had been able to drain the water. The bathtub that was installed ultimately caused the injuries sustained by the owner. Medical treatment is very costly and bills can build very quickly. If an injury occurs at the fault of a product it is important to hold that product responsible rather than struggling to pay for the medical care yourself.
Another example of dangerous products is crib bumpers. A crib bumper is designed to wrap around the inside of a baby’s crib so that they won’t roll directly into the wooden bars. In theory this product makes great sense however a crib bumper can also prove to be a suffocation hazard. Crib bumpers are a product liability that is so serious, the idea of taking them off the market is being considered. Recently thousand of drop side cribs were recalled because they had been found to trap babies and suffocate them. These incidents did not happen often but they still posed a risk to babies.
Warning labels are mandatory under the laws of many countries. These labels are created to create some fear and make the consumers be aware of the dangers that befall them by virtue of consuming the stated product. Most products that have alcohol, tobacco and some addictive elements are required to place a warning label on such products in a manner that anyone purchasing them must see. Many people have smoked over time and the many warning levels that are indicated seem not to be working. The tobacco consumers are getting more careless every day even when they understand that there are grave concerns waiting for them. The warning labels expressly tell the people the health related dangers that they could go through as a result of consuming certain product. It’s also intended to act as deterrent to teenagers and other young people who may want to try something dangerous out of curiosity
While many manufacturers who sell dangerous products have gone to courts to fight against inclusion of on their products, the law has always remained firm on them. Many have had to oblige or get pushed out of business. So many cigarette manufacturers have resisted placing on their products in the past but the scenario is now changing. Most cigarette smokers still believe that the use of is not meant to educate them but to create stigma in the entire process which is quite a fallacy. There is no truth in it. Many perceive it as an attempt to make smoking and alcohol consumption as a very dangerous affair yet its not.
There have been interesting in the current times. For instance, one that has stood out is the graphic caption of a person exhaling a smoke thorough a hole in the neck which forms an important part of a human body. There are those who have been created to show teeth of smokers turning black over time as a result of continuous smoking. This makes it a bit interesting. All cigarettes sold at the moment must bear that tell people expressly that cigarette smoking is dangerous and can cause terrible harm no your life.
Most consumer products are tested for safety before they are put on the market for purchase. It is especially important that products designed for children and babies are safe and do not pose any risk to the kids who may play with them. Unfortunately, many children’s toys or baby products are made with hazardous materials or contain dangerous components. Thousands of items a year are recalled by their manufacturers because of safety concerns; however, a product must typically inflict harm before the manufacturers issue a recall.
Products are defective due to a “manufacturing defect” or “malfunction” when there is a flaw in the manufacture or construction of the particular product involved in the accident. A hypothetical example is a lightweight aluminum product such as a bicycle handlebar. Some of these products are designed to be as light as possible. The design involves portions of the handlebars which have very thin aluminum walls. These are generally safe if the manufacturing process is perfect. However, if an air bubble, grain of sand or other impurity gets into the aluminum at a stress point, this can cause a sudden, catastrophic failure of the bar. While the design is arguably sound, the presence of the flaw in the manufacturing process of the particular item makes that product defective.
Another way in which a product can be deemed defective is the failure to warn of potential dangers in the use of a product or the failure to provide the proper instructions as to the product’s safe use. An example here would be a manufacturing machine that has moving parts that can snag on loose clothing such as shirtsleeves or frayed work gloves. While such a product would likely be deemed defective in design, the failure to warn the users to avoid loose clothing and frayed gloves could also be considered a defect.
The examples of product defects are as varied as products themselves. Placing an emergency stop switch more than an arm’s length from an in-running pinch point on an industrial machine is a design defect. Designing a child’s toy with small pieces that can break off and choke a child is a design defect. Designing a farm tractor without an operator presence control that would shut the engine down if the operator left the operating station of the tractor is a design defect. A wooden stepstool which is perfectly proper in design is defective if insufficient glue is used to assemble it. Metal scaffolding materials are defective if the welds are improper, causing the framing to fail under stress.
With the increasingly global nature of our economy, more and more products and component parts are being manufactured in foreign countries where labor costs are very low. Quality control systems in these countries and these factories are often below United States standards. With this, the incidence of manufacturing defects and malfunctions increases. Also, big box discount stores often sell low price products that are designed and manufactured overseas. These products are often packaged with the intention that they will be sold in many countries. Sometimes, the warnings and instructions are formatted in such a way to have application in many countries which speak many languages. This can result in instructions and warnings that are very difficult to understand. This can constitute a warnings defect.
In a perfect world, companies would take full responsibility for the quality of the design, construction, and distribution of their products to ensure that no consumer could possibly become injured by defective goods. Unfortunately, companies often have their own financial interests in mind and these interests often trump the issue of consumer safety. For this reason, consumer protection agencies exist to evaluate products, to warn the general public, and to attempt to force companies to take responsibility for the safety of their products. Unfortunately, these organizations can only do so much, and people often suffer from dangers products as a result of the careless or irresponsible behavior of companies.
Make-up and other cosmetic products are often made of complex combinations of chemicals. Ingredients for cosmetics, both synthetic and natural, come from a vast array of sources. Although these ingredients are regulated in many countries, there is no absolute guarantee that cosmetic products are safe. Their formulations may contain dangerous chemicals that went overlooked, and in some cases, products can become contaminated before they are sold to the public. Compared to food products and medications, regulation of cosmetics is very limited. The FDA only regulates the use of color additives, with very little oversight of the wide array of other ingredients.
Cosmetics companies are often only held responsible for marketing dangerous products when they have been shown to be in violation of the Federal Food, Drug, and Cosmetic Act. With the large number of new products released each season, violations usually only surface after they cause harm. In response to consumer concern over the contents of cosmetic products, some cosmetics companies have produced lines of “all natural” or organic cosmetics. While there is no regulation of “natural” products, companies must meet strict guidelines before they can market products as organic. So-called “natural” cosmetics can still contain substances that are hazardous, given the number of naturally-occurring toxic substances.
In America, consumers have an expectation that the products that they find on store shelves and in other retail environments are safe for use when utilized in accordance with the manufacturer’s intent and instruction. This is largely a valid belief thanks to the work and oversight of the numerous regulatory agencies that evaluate the potential risks associated with manufactured goods. But the reality is that there is simply no way for these entities to keep up with every item that rolls off of the assembly lines or out of the laboratories.
Recent studies have shown that there are many products being sold online that claim to bleach your skin white, but some have terrible side effects, while others don’t work at all, and so are ripping off people who are in some cases quite desperate for a solution to their conditions. There are many reasons why a person might want to bleach or lighten their skin. Burns, scars, freckles, birthmarks and conditions such as hypopigmentation and hyperpigmentation can cause embarrassment and mental distress to the affected person.
To start with, one treatment which has been prescribed by doctors for many years is hydroquinone containing creams. Hydroquinone is a powerful bleaching substance, and is not recommended for use for more than a couple of weeks at a time. The problem is, the skin is constantly regenerating itself, and so to achieve permanent results, the cream must by applied on an ongoing basis, at least once every few months, so as to maintain the depigmentation effects. Some of the side effects that can results from ongoing use of this chemical are dark blue-black bruising of the skin, thickening of the skin, and in some cases, nausea, headaches, and even hallucination if the toxicity builds up to a high enough level in the bloodstream.
Other creams sold online from countries with less strict rules and regulations for manufacurers contain dangerous amounts of mercury, a substance that can cause brain damage, and other terrible effects. Products are being sold that claim to be able to lighten the skin through swallowing a pill, or even injecting a substance into the veins. First of all, injections should only be carried out by a qualified professional, as the unqualified attempt to use needles on one’s self can cause infection, and even death, if air is pumped into the bloodstream, as it can cause heart attack.
Each year, over 400 people in the U.S. die from exposure to carbon monoxide. In addition, 4,000 people are sent to the hospital and 20,000 people are rushed to the emergency room. People over the age of 65, those with heart failure, respiratory issues, or anemia, and young children are at greatest risk for death because of carbon monoxide exposure. This common gas is found in homes, schools, and vehicles, and because of the dangers of exposure, it is important to understand what this chemical is, how it is formed, where to find it, and how to decrease your risk of injury or death.
Thousands of injuries occur each year in the United States from defective or dangerous products. Victims of dangerous defective products have legal protection under product liability laws throughout the country. These laws govern the legal rules that determine who can be held liable for the defect or danger to consumers. In general, products sold to the public are required to meet common expectations of consumers. When those products have an unexpected defect, common expectations of consumers are not met.
An actual injury or loss is a crucial element for a lawyer in proving a product liability claim. Specifically, the injury or loss must be a direct result of the product’s defect. In some cases, demonstrating the link between an injury and product defect is straightforward. In other cases, proving that the defect caused the injury or loss is not so easy. For instance, a client was injured in a car accident while driving a vehicle prone to flipping over. If there is evidence that the client was speeding when the accident occurred, the manufacturer could argue that reckless driving – not the design of the vehicle – caused the accident.
In addition to proving that the product caused an injury or loss, the lawyer must also prove that the same product is defective. For some cases, the defect could be the result of a problem at the manufacturing plant. For others, the defect is within the product design, which means that the entire product line is dangerous for consumer use. A lawyer might have a harder time proving that there was a flaw in the product design. The most likely scenario is demonstrating that an unreasonable design created the danger. However, a product that has potential danger is not automatically a judgment against the manufacturer or supplier when an injury occurs.
Product liability law is there to protect the consumers of defective and dangerous products who suffer injuries as a result of using these products. The second important feature of product liability law is to hold responsible those who put dangerous and defective products into market. They may include manufactures that make these products, retailers and distributors who make available these products in the market. It is possible that there are various parties who are liable for product liability as the product goes down the line from the manufacturer to the consumer and it may vary in different jurisdictions.
Bisphenol A is found primarily in Polycarbonates, depicted with the number ’7′. Polycarbonates are basically used to make water bottles, lining tin cans of food and beverages, making baby feeding bottles as well as 5-gallon water bottles. Special attention needs to be paid to the products outlined above. Water bottles are in use almost all the time, in fact they are not only used once but reused in many households. Similarly, tinned foods and drinks are a favorite in many household owing to the ease of use of such items. Baby feeding bottles are present in every household where a baby is born. The usage of these products is very high in not just one region of the world but almost everywhere. And it is in these products that Bisphenol A is present, making leeching a highly likable reality.
The first study conducted to determine whether the presence of this compound in plastic is harmful was executed by the Japanese on a set of monkeys. This comprised of a set of pregnant female monkeys throughout their pregnancy. The results were then compiled after the behavioral pattern of the born male monkey was scrutinized. It was observed that there was a difference in the behavioral pattern associated with a male monkey, with the monkey displaying many female characteristics particularly in the social exploration areas.
In the past, the rule of the day was “buyer beware”. It was up to consumers to inform and protect themselves from irresponsible companies and dangerous products. Current law, however, is just the opposite. Now companies are legally required to provide reasonably safe products. If companies produce dangerous or defective products, consumers can sue them for the injuries suffered as a result. Strict product liability makes everyone in the production process, from component manufacturers to distributors, responsible for the safety of the product. This makes safe products a priority for both consumers and producers, which should be the ideal situation.
However, the mere existence of this law has not completely protected consumers from dangerous products. Often companies are not careful and let defective products slip through the production line, or they compromise the safety of their product to reduce costs. Defective products reach the shelves every day, where they can hurt consumers. When these products injure you, it is important to find a lawyer and pursue the company, both to claim the repayment you deserve and to protect other consumers from the defective product.
A product does not even have to be defective for its manufacturer to be liable under product liability law. If a product is merely unsafe to consumers, every company affiliated with the production, distribution, and retail of that product can be held responsible. There are four different ways to legally establish product liability for defective or dangerous products: negligence, breach of warranty, misrepresentation, and strict liability.
A company is considered negligent when it is responsible for providing a standard of safety and does not do so. This includes inaction as well as careless and intentionally dangerous practices. Breach of warranty occurs when a product fails to carry out the claims of a seller. Companies are obligated to fulfill any promises made to customers. Misrepresentation refers to the expectations consumers hold from a products advertising and promotion. If consumers are lead to believe, through advertising, that a product is safer than it really is, the product has been misrepresented. Finally, strict liability assigns the responsibility for safety to every step of the production and distribution process. If a product is defective and the defect injures a consumer, the company is strictly liable and responsible for the injury regardless of fault or intent.
A person only has three years to bring an action from the time they become aware of the loss, the defect, and the manufacturer. Any action that is taken has to happen within ten years of the time the goods were supplied. This creates a limited window for consumers to protect their interests, claim repayment from irresponsible companies, and establish justice for dangerous business practices. This area of law is very complicated and if you feel that you have been hurt or injured by any product you should contact a lawyer right away. An attorney will review your case and tell you from experience what you could expect from pursuing a lawsuit.
Weight loss products for losing weight are one of the most sought-after products available in the market today. These products offer you a method of losing weight drastically in a short period of time – even for just as short as three days! Sounding magical, rather than effective; behind the 100% satisfaction guaranteed by these weight loss supplements are ineffective results, dangerous side effects, and lack of proven facts to support their claim. With a lot of bucks you are paying for just to purchase these weight loss supplements, you must first consider whether they are worth your time, health, and money.
These weight loss supplements may come from pills, juice, diet drinks, and other weight loss programs. Although they are screened first before being released in the market for public consumption – that is why some of them are rejected or pulled out of the market – some products still manages to sell. According to the FDA, some dietary supplements include dangerous chemicals and ingredients that may cause fatal health problems such as risk for heart attack, high blood pressure, stroke, and even may result in death in some cases.
Dietary pills must also be taken with caution for its numerous side effects. The Emagrece Sim and Herbaslim, a famous Brazilian diet pill, contains ingredients such as Librium, Prozac, and Frenproporex, which are considered as dangerous drugs by the FDA since 2006. Some pills are also tainted with phenylpropanolamine hydrochloride, a drug that causes high blood pressure and palpitations for some users. Some products, in order to sell more, also mask themselves as ‘all-natural’ or ‘herbal’ and therefore, are a healthier and safer option for those who want to lose weight. However, a lot of these products contain hidden concoctions that contain ingredients for seizure medications and blood pressure medications that have significant risks for consumers.
Aside from pills, there are also diet drinks that are used as substitutes for a meal. They may come as coffee made of natural products or juices with fast slimming ingredients. Although they may achieve weight loss results for a short period of time during the diet period, you will gain twice as much once your set back to normal eating. This is because you have deprived yourself for weeks or months, and your body stores more fat when you begin to start eating normal. Some of these dangerous products include the Ultra Slim Fast, Chitosan products, and Chromium products. Further, aside from the dangerous effects, some of these products do not even have proven facts to support their claims.
Even further, these products are just a waste of your money. They are expensive, ineffective, and dangerous to our health. The results, if any, are just artificial results that do not provide long-lasting benefits for your health. Although they consider themselves as herbal alternatives, some of these products come with hidden ingredients for unsuspecting consumers who are desperate to lose weight. There is no easy way out or one week program to lose weight safely, so veer away from products that promises unrealistic claims and quick fixes.
The 1994 Safety Regulations on general product safety apply to both new and second-hand consumer products. Among the hundreds of products included are clothing, medicines, agricultural and horticultural products, DIY tools, food and drink, household goods, nursery goods, chemicals and pesticides, and motor vehicles. These rules require all suppliers of these goods to supply products that are safe when used in both normal and unusual-but-predictable applications. Taking into account all circumstances, if a product does not provide a reasonable level of safety it is considered a defective product.
A product that merely doesn’t work, but also does not hurt anybody, does not qualify as defective. You can return such a product to the manufacturer or pursue action under law of contract, but without being dangerous this broken product does not qualify for a defective product lawsuit. Other circumstances, like the warning labels, are also relevant to determining whether a product is defective or not. If there is a label warning you of electrocution, you can reasonably expect to be electrocuted if you misuse the product.
Under product liability law, if a person was injured or made ill because of a failure to warn, dangerous product, or manufacturing flaw, they could be entitled to compensation. Unsuspecting individuals will always be at risk of injury or death if these large companies continue to fail to show care and caution in the products they release onto the market. If they choose to put profit over the health and safety of consumers, they could be held accountable for this breach of trust. One major issue that has garnered a mass amount of media attention in recent years is that of dangerous drugs.
The pharmaceutical industry racks in billions of dollars every years in the U.S. alone. However, they have also lost a large amount of money as victims are bringing lawsuits against these manufacturers. These drugs cause devastating consequences either due to lack of adequate testing, lying on ingredients labels, or failing to warn consumers of the possible negative effects of using the drug. Another area of concern in the consumer industry is products designed for children and infants. Toys, cribs, and other items have caused serious injuries and even deaths in the lives of many families.
One such example is the drop-down crib. Cribs which feature a fold-down wall were causing strangulation due to defects in the crib. The drop-down side can leave a gap between the mattress and the crib, just enough room for an infant to become trapped and suffocate. Another issue to be aware of is that of dangerous toys. From pocket bikes to airsoft guns to choking hazards, toys that are on the market are constantly being recalled due to unforeseen risks and dangers. Food poisoning also falls under product liability law. This could occur if the food came into contact with a disease, bacteria, virus, parasite, or another dangerous contagion.
Although some are more common than others, there are over 250 possible causes when it comes to food poisoning. If you were suffering from vomiting, nausea, or stomach cramps, these could all point to a case of food poisoning. Every year in the U.S., there are over 70 million cases of food poisoning. Most of these cases do not require hospitalizations and are over in a day or two. However, some are extremely serious with over 5,000 cases of fatalities. Those who are most susceptible to seriously suffer from food poisoning are people who already have a weakened immune system, infants and young children, and the elderly.
There are many different kinds of toys and products on the market that are intended for use by children. Manufacturers and government inspection groups are supposed to ensure that these products are safe around children. However, injury can and does happen when these products are defective or faulty. Your child should not have to suffer and you should not have to pay because of the negligence of others. If your child has been hurt by a defective toy or other product, it is highly recommended that you speak with a knowledgeable and skilled attorney who has experience practicing product liability law. Not only can working with a lawyer help you secure the compensation that your child deserves for his or her unnecessary injury, but it can also help alert the public to a dangerous and defective consumer product.
We are surrounded by consumer products. We use these items for work and play and everything in between. When you go to the store and buy a new product, you can reasonably expect this item to be safe for you to use, not dangerous. However, there are certain types of product defects that can turn a simple item into a hazardous consumer product. There are three main steps of the production process. First, innovative people dream up a new product. They design the item, which is later submitted to determine whether it will be manufactured or not. Next, if approved, the design is sent to the manufacturing facility, which is in charge of actually creating the item. Lastly, a marketing team creates an attractive, informative label for the product.
Sadly, something can go wrong during each of these three steps of production, resulting in a dangerous product. There are three basic types of product defects that are associated with the steps of the production process. If a product has one of these types of defects, the company responsible for the item may be responsible for any damages that you incur from using the item. This is an area of law called product liability. A company can be held liable for a hazardous product if it carries one of the following problems: design flaw, manufacturing defect, or misleading label.
A design flaw is inherent in a product from the very beginning. Because every one of the same product comes from the same design plan, all products in the line will have the same flaw. This may be an exposed blade or wiring that would hurt a general user even when utilized properly.Next, a manufacturing defect occurs during the manufacturing process itself. This may affect just one item, or it can affect a whole group that was all manufactured with the same components. For instance, maybe only one car in the manufacturing line received a faulty fan belt. Or, perhaps a whole group of children’s toys were made with lead paint. Either way, manufacturing defects can cause injuries and even death.
One of the most common design flaws found among product safety lawsuits involves children’s toys with small parts that can detach and become choking hazards. It is also not uncommon for a changing table, carrier, or playpen to be recalled because it does not adequately restrict the child from climbing or falling out. Unfortunately, children’s toys are among the most commonly recalled products for the second reason as well: toxic contamination. Children’s toys are frequently recalled for being coated in paint that contains lead.
The Consumer Product Safety Commission outlawed consumer use of lead paint in 1978 due to the specific risk it poses to the nervous system, development, and kidneys of children under the age of six. Even so, lead is a high-performing paint additive that increases paint’s durability, moisture resistance, and drying quickness. With consumer and corporate demand for mass quantities of low-cost goods, manufacturers often end up cutting this corner to maintain a profit for themselves as well.Even after a hazardous product is identified, accountability can be difficult to enforce. Products go through several hands before they reach the consumer shelves and find their way into the home.
In recent years, consumers have brought product liability litigation against the factories that did the actual manufacturing, the distributors who bought the goods from those manufacturers, and the companies that then sold the goods in their stores and under their brand labels. There is no way a consumer can be expected to anticipate product malfunction or know the chemical breakdown of a toy’s surface. One of the best precautions you can take is to keep regular track of up-to-date recalls and hazardous product lawsuits. Stay familiar with your child’s toys and where they came from, and always read and follow all instructions that come with any product you purchase.
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