Articles Posted in Dangerous or Defective Products

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https://www.texasinjurylawyersblog.com/files/2021/01/Screen-Shot-2021-01-15-at-7.18.55-PM-300x57.pngWhen a consumer purchases a new product, they rightfully trust that the designer, manufacturer, and retailer took measures to ensure the product’s safety and efficacy. However, despite testing standards and federal oversight, some dangerous products make their way into the consumer stream. Products with a design or manufacturing defect or that are inherently dangerous may cause serious injuries and lead to a Texas product liability lawsuit. The United States Consumer Product Safety Commission (USCPSC) requires manufacturers, distributors, and similar entities to report any issues with their products and issue recalls if necessary. However, these parties may still face liability even if they issued a recall.

Texas product liability laws cover claims stemming from design defects, manufacturing defects, and warning defects. The law allows injury victims to recover damages against manufacturers or sellers of a defective product that causes personal injury, death, or property damage. Texas design defect claims are generally the most onerous product liability claim. In these cases, plaintiffs must establish that the victim suffered injuries because the product’s design was inherently dangerous. The law requires plaintiffs to present evidence of a safer and economically feasible alternative design. Manufacturing defects are relevant when the product’s design is appropriate, but something went awry during the manufacturing process that made a specific item dangerous. This type of claim may be appropriate when a manufacturer fails to meet safety or design standards. However, the claims do not apply to those who suffer injuries from a defective product manufactured before updated safety standards. Finally, failure to warn claims are applicable when a manufacturer did not provide appropriate instructions or warnings.

The New York Times recently reported that The Home Depot recalled a popular indoor/outdoor fan, after reports that the fans’ blades were detaching while spinning. The Home Depot issued a voluntary recall after nearly 50 consumer reports of detaching blades. The USCPSC, reported that The Home Depot voluntarily recalled the fans and ceased sales when they discovered the issue. They maintain that the fans are not inherently dangerous, and the hazard resulted from a manufacturing defect.

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Every year nearly 500 people in the US die from what is a preventable death: accidental carbon monoxide poisoning.  Nearly 50,000 people in the U.S. end up visiting emergency rooms each year due to CO poisoning. There are many ways to protect your family, loved ones, guests and renters.  Whether you’re at home or traveling, there are steps you can take to help keep yourself and others safe from CO poisoning.

Owners of hotels, rental properties and homes have legal obligations to make sure their properties are serviced and do not pose a risk of renters, friends, family or guests developing CO Poisoning.  Winter temperatures now mean an increase in heating systems running for hours which adds to the carbon monoxide risk.

Surprisingly, fumes are produced by more than furnaces.

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https://www.texasinjurylawyersblog.com/files/2020/09/Screen-Shot-2020-09-28-at-8.44.28-PM-300x112.pngBecause of social distancing requirements in the wake of COVID-19, people in Texas are taking advantage of shopping from the comfort and safety of their own homes. In addition, the ease and availability of all kinds of products through online retailers has made it possible to purchase everything from your family’s weekly grocery haul to the newest gadget. But when that package arrives on your doorstep, is the item you have received safe? Outside of the convenience factor of the shopping experience, can we trust online retailers and their products? If you are a Texan who has purchased a faulty product from an online retailer that has become a hazard or dangerous, you may be eligible to receive compensation through a product liability claim.

According to a recent article, an investigation has revealed that dozens of AmazonBasics electronics and other products have remained for sale despite consumers reporting that they were potential fire hazards. AmazonBasics is one of the massive retailer’s most popular lines, with a variety of budget-friendly products that range from kitchen and home basics to electronic accessories. The investigation yielded nearly 1,500 reviews on the Amazon website involving more than 70 products described as potentially dangerous. Despite reviews on these items using terms like “hazard” or “fire” or demanding the product to be recalled entirely, many of these items still remain for sale on the retailer’s website.

Following these reports, three lawmakers are demanding the recall of any hazardous products bearing the Amazon brand. Although the retailer did not respond directly to the investigation, electrical engineers told investigators that other factors may be at play when using these products, such as faulty wiring within a home or user error. According to the engineers, electronics sold under the AmazonBasics name should not typically pose a danger to the public when properly made and used according to instructions. Critics disagree.

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pexels-anna-shvets-3987150-200x300Following the initial COVID-19 outbreak in the United States earlier this year, thousands of Americans flooded stores in search of hand sanitizer and other cleaning supplies. Many stores were completely wiped out from the start of the pandemic of such supplies and have taken several months to restock these products because of demand. In preparation for the uncertainty associated with the pandemic, many Texans purchased large quantities of these products. However, recent FDA recalls indicate that some of these sanitizing products may be causing members of our community to become ill. These recalls may be the basis for a Texas product liability claim.

According to a recent article, federal regulators from the Food and Drug Administration (FDA) have been urging consumers to avoid more than 130 hand sanitizers that were previously available through stores such as Walmart and other national major retailers. The agency has cited that many of these products lack the sufficient level of alcohol necessary to effectively kill germs or that the products contain dangerous and potentially deadly levels of wood alcohol.

With hand sanitizer demand skyrocketing during COVID-19, a new rush of brands manufacturing hand sanitizer has entered the market. However, while many of these products claim to contain ethanol (otherwise known as ethyl alcohol), FDA tests have shown that they actually contain methanol, or wood alcohol. Methanol can potentially be toxic when absorbed through the skin and could even cause blindness or death if consumed. Because many products have been mislabeled, consumers would be unable to tell which items actually contain methanol. The FDA has kept an updated list of recalled products on its website for easy reference.

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(NATIONAL RECALL: February 2020) The Food and Drug Administration (FDA) has issued a recall for an insulin pump that thousands of people use with Type 1 diabetes. The recall is centered around certain Medtronic MiniMed 600 series insulin pumps.

One person has died, 2,175 people have received injuries and there have been more than 26,000 complaints, according to a statement released by the FDA.

Medtronic is recalling the specified insulin pumps due to a missing or broken retainer ring. That ring helps lock the insulin cartridge into place, according to the FDA.

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Bryan, Texas, February 8, 2020:  A  second explosion happened at one of Chesapeake Energy’s oil wells in the Eagle Ford Shale just two weeks after a Jan. 29 deadly explosion at a Chesapeake Energy oil well site in nearby Burleson County. Three men were killed and one man was left hospitalized in the Burleson incident. Bryan Maldonado, 25, and Windell Beddingfield died in what is the deadliest oilfield accident since January 2018.

Authorities are investigating the accident which occurred about 1 a.m. Saturday at a storage tank on the company’s Luther lease off Sandy Point and Old San Antonio Roads in a rural area of Brazos County about eight miles northwest of Bryan.

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Photo Credit: KWTX

(BURLESON COUNTY, Texas,  Feb 3, 2020)  Three oil field contractors have died and another is still in the hospital after an oil well blowout and the resulting fire in Burleson County, Texas.

The accident happened at a well site near Deanville, on County Road 127 and FM 60,  southwest of Bryan on January 29th.  The Chesapeake Energy owned well was undergoing major maintenance operations by contractors employed by CC Forbes and Eagle Pressure Control when the explosion occurred.

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Photo Credit: KTRK

(HOUSTON, January 27, 2020)  Two people were killed in a gas explosion in northwest Houston at a manufacturing warehouse on Friday the 25 at around 4:30 a.m. After the explosion the Houston Fire Department reported that 48 people had to be sheltered and 18 people were sent to local emergency rooms for injuries.

Officials have identified Gerardo Castorena Sr. and Frank Flores as the two victims who were killed in this fatal explosion.

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December 24, 2020 – The recent decisions by Boeing to halt production of an obviously danger prone aircraft is a nice call to action in the world of safety. Often, it seems profits come before safety and it appears Boeing is attempting to put safety first in their decision despite the ripples that will no doubt be felt economically  worldwide by Boeing and the transportation industry.

https://www.chron.com/business/article/Boeing-CEO-Dennis-Muilenburg-to-step-down-14927109.php

 

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Special Reporting:  Jesse E. Guerra Jr. Of Counsel attorney with Carabin Shaw PC

The recent decisions by Boeing to halt production of an obviously danger prone aircraft is a nice call to action in the world of safety. Often, it seems profits come before safety and it appears Boeing is attempting to put safety first in their decision despite the ripples that will no doubt be felt economically  worldwide by Boeing and the transportation industry.

Article New York Times – After Boeing Halts Max Production, Suppliers Wait for Fallout

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