Mesriani Law Group Blog » Product Liability

Chrysler Recalls 600,000 Jeep Wranglers and Minivans

Los Angeles Lawyer — Wed, 09 Jun 2010 04:50:57 +0000

The Michigan-based automaker, Chrysler has recently announced a recall of two of its vehicles amounting to nearly 600,000 recalled units of Jeep Wranglers and Chrysler Town & Country minivans.

According to the National Highway Transportation Safety Administration (NHTSA)’s notice, the affected models are Jeep Wranglers from model years 2006 to 2010 and Chrysler Town & Country minivans from model years 2008 and 2009.

Although no accidents or injuries have been reported, the recall involved auto defects involving brakes and wiring.

Allegedly, Jeep Wranglers have a condition which may cause its brakes to fail. It is susceptible to brake fluid leak (which can cause partial or total loss of brakes) because of contact between the right and left front inner fender liners and the right front and left rear brake tubes.

On the other hand, some Chrysler Town & Country minivans were built with an improperly routed wiring harness which can cause a short circuit and lead to a fire.

Owners of the above-mentioned vehicles shall be contacted by Chrysler for free repairs.

For most car manufacturers, car defects and auto recalls is an experience they go through at one point or another. This is particularly common for automakers who share the same parts suppliers.

Aside from Toyota’s unintended acceleration problems with millions of vehicles recalled, Chrysler has also previously recalled vehicles for the same sticky accelerator pedals. The defective pedals were apparently all made by the same supplier, CTS.

In case you own a car which has been recalled, don’t hesitate to take it to the nearest dealer for a free fix. A lot of cars may seem to run fine in the beginning but can hurt or injure you in an accident if it turns out to be defective or prone to accidents.

If you or a loved one were injured or suffered a death within your family because of a defective vehicle or auto part, you have the right to sue either the car manufacturer or the auto supplier for compensation for any damage or loss you incurred.

Under the doctrine of strict liability which is usually applied in product liability cases, parties who make their defective products available to the public, regardless of negligence or tortious intent, are responsible for the injuries those products cause.

Government Agency to Issue Warnings on Deadly Baby Slings and Carriers

Los Angeles Lawyer — Fri, 19 Mar 2010 05:13:58 +0000

In so many ways, new parents often have their hands full, as caring for a baby is always a handful. For some multitasking parents who are on the go, a baby sling is a useful contraption more convenient than a stroller when going out with their child.

But according to the US Consumer Product Safety Commission (CPSC), baby slings/infant carriers can be hazardous and in some instances, deadly.

A number of deaths and serious injuries have been linked to the use of these products. Aside from babies falling from the carrier because of soft fabric slings, infants have reportedly suffocated because some baby slings’ curved design can cause a child to get smothered in the parent’s clothing.

Infantino’s “SlingRider” in particular, after having been recalled for defective plastic sliders on the sling’s strap is still a cause for concern for many consumers because of its curved design or “C-like” position which has yet to be recalled or even addressed.

Other dangerous baby sling defects include problems with the fasteners, stitching and shoulder straps which have caused infants falling from the sling. Since 1997 around a dozen sling or front-wearing baby carriers have been recalled.

The CPSC has announced that it will issue a general warning to the public but made no mention of any recalls.

For parents, there is nothing worse than losing a child. The pain will doubtless be doubled especially in instances where the baby accidentally got suffocated in an infant carrier or fell down because of the baby sling’s defects.

Under the law, parents whose babies died or got injured as a result of a defective or dangerously designed baby sling or infant carrier has the right to file either a wrongful death claim or personal injury lawsuit based on product liability.

The law on product liability provides that manufacturers, suppliers, and even retailers can be held liable for putting a defective and harmful product out to the market. Product liability includes:

•    Manufacturing defects – Errors in the manufacturing process which may also involve poor quality materials or shoddy worksmanship
•    Design defects – Even if the product is well manufactured, it is still considered dangerous or defective because of its inherently hazardous design
•    Marketing defects – Also known as failure to warn defects – consumers can still get hurt by the product because of the absence of warnings or labels.

Elderly Couple Dies from Bathrobe Fire

Los Angeles Lawyer — Wed, 04 Nov 2009 18:50:13 +0000

Products and services must meet certain standards before they could be available to the public. For innately hazardous or dangerous products, a warning must be made to inform consumers of the possibility of causing damages or injuries.

In Oceanside, an elderly couple was engulfed in fire when their bathrobe sleeve caught on fire.

Eighty-one year old Evelyn Rogoff was making herself a green tea when their stove’s electric burner set her bathrobe on fire. Her husband, Murray, came to rescue her but was burnt as well. The couple died eventually due to burn injuries.

Susan Brent, the couple’s daughter, sued Blair Corp. for at least $1.9 in damages citing negligence due to the flammability of its bathrobes. Brent alleged that the company failed to warn the public specially its target market – elderly people of the robe’s flammable nature.

Due to the incident, Blair Corp. recalled162, 000 of its chenille robes.

A product liability case may be filed when the action is based on accident-causing defects such as a bathrobe’s flammability. An injured person can bring a negligence claim in addition to a strict liability claim against the manufacturer. These claims may be best pursued through the help of a product liability attorney

New Chrysler to Accept Product Liability Claims

Los Angeles Lawyer — Tue, 01 Sep 2009 04:51:32 +0000

After filing for Chapter 11 bankruptcy protection, announcing plans of partnership with Italian automaker Fiat and the sale of some assets and operations, a “new” Chrysler was formed, now formally known as Chrysler Group LLC.

The federal government also lent the troubled automaker a helping hand when it financed the deal with US$6.6 billion in financing.

Chrysler vehicle owners, especially those with defective or bugged down cars will have a cause to rejoice as the automaker has recently announced that it would accept product liability claims on vehicles built by the “old” Chrysler that are involved in accidents after the completion of its bankruptcy which was in June.

John Bozzella, the Senior Vice President for External Affairs & Public Policy of Chrysler Group LLC said that despite the challenges that lie ahead for the company, they are confident that the future viability of the company will not be threatened if these claims are accepted.

Under the Product Liability Law, manufacturers, distributors, suppliers, retailers, and others who make products available to the public are held responsible for the injuries those products cause. Consumers who are injured by the use of the defective product have the right to sue the seller or manufacturer for damages suffered.

Thus, Chrysler, as an automobile manufacturer will certainly be obliged to compensate consumers for the damage they incurred for faulty and/or defectively designed vehicles.

Motor vehicle defects in particular, have been the subject of several product liability and common law suits have involved defects such as:

•    SUVs designs that are prone to rolling over
•    Tires that are prone to blowouts
•    Unstable motorcycles that “wobble” when driven at high speeds

While Chrysler announcement is indeed good news, the company emphasizes that the claims they will entertain will not include those filed prior to the company’s bankruptcy. Chrysler Group had agreed to assume liability only for cars sold by Chrysler Group. So, consumers better take note of that condition.

Luv N’ Care Gel-Filled Teething Rings Recalled

Los Angeles Lawyer — Thu, 23 Jul 2009 15:06:53 +0000

How ironic that a manufacturer named Luv N’ Care would have to announce the recall of its gel-filled teething rings because the gel inside the rings would make babies sick.

The Food and Drug Administration announced that the Louisiana-based manufacturer has voluntarily recalled its products after the FDA found Bacillus Subtilis and Bacillus Circulans in the gel samples from the teethers.

Although there have been no reported illnesses, the bacteria in the teether can cause stomach pain, vomiting, diarrhea and more serious disease if ingested by infants and children with weakened immune systems.

These gel-filled teething rings are sold under brand names such as “Nuby”, “Playschool” and “Cottontails”.

Consumers are advised to immediately stop using them, they may also ask for a full refund at the place of purchase.

Fortunately, these products have been recalled and announced before any actual harm has been done.

However, if babies have been harmed as a result of the gel-filled rings, under product liability laws, a product liability claim may be instituted to compensate for damages.

However, in order to make a claim successful, there are certain elements that should be present in the case:

• The consumer was injured or suffered losses

• The product is defective.

• The defect of the product caused your injury

• The consumer was using the product as it was intended

For parents whose children are using the gel-filled teethers, it is best to throw them away or ask for a refund as soon as possible. It is actually much harder to tell if children are not feeling well as they could not express themselves well.

Sometimes, even the symptoms such as vomiting and diarrhea mentioned above can be brushed off by the parents themselves as harmless ordinary illnesses experienced by a young child.

But in case of injury or damage, parents whose child gets sick because of the bacteria from the gel-teething rings may opt to file a product liability case against the manufacturer.