Every day normal people going about their normal lives are injured by defective consumer products.  The list below is not an exclusive list of dangerous products, but gives you an example of the kinds of products that cause injury.  If you have been injured while using a product like one of these, contact us.

Firearms

Firearms cases are of several varieties.  Those where an individual is injured as a result of a dropped or mishandled weapon (where the safety equipment on the weapon fails to function) and those where an individual is injured as a result of the careless use of a weapon.  Our firm investigates and handles both kinds of litigation.

 

Nail Guns

These nailers work very much like guns, except they shoot nails rather than bullets. There have been numerous cases of operators, as well as bystanders, being injured when one of two activation mechanisms (a safety wire at the muzzle) is bumped at the same time the other activation mechanism (the trigger) is depressed, causing a nail to be discharged unintentionally, and with great force. Whenever both activation mechanisms are depressed simultaneously, a nail gun will discharge a nail. The pneumatic nailer industry has long had the "cure" for this problem, called the "sequential trip;" however, the industry sells it only as an optional feature and, in almost all cases, does not inform consumers that it is a safety feature.

 

Water Heaters -- Fire and Explosion

If a gas or electric water heater is not properly mounted (meaning, placed on a raised platform at least one foot off the floor) any spilled chemical or flammable agent will be ignited when it comes into contact with the pilot light.  If you or a loved one has been injured as a result of a defectively installed water heater, contact us.

 

Water Heaters -- burns from tap water

Scalding injuries caused by hot water account for thousands of serious and sometimes fatal burn injuries each year. Such injuries often entail excruciating pain and permanent disfigurement. A Consumer Product Safety Commission (CPSC) consumer alert stated that 2,600 persons are injured yearly by excessively hot tap water from home faucets. The CPSC also reported 159 fatalities due to tap water scalds over a four-year period. Children and the elderly are most at risk.

 

Space Heaters

If defectively designed or manufactured these devices can cause serious burn injuries, and fire damage.

 

Garage Door Openers

Incorrectly installed or improperly equipped without safety switches, these devices can cause crushing injuries and can kill or maim small children.

 

Irons

If not equipped with automatic shut off features, and if improperly manufactured, these may be fire hazards, or electrical shock hazards.

Child Restraints

Certain restraints for children and toddlers may cause strangulation injuries.

 

Child Safety Seats

Child safety seats may not all perform as indicated.  Certain safety seats are the subject of nationwide recalls.  If your child has been injured because of a defective safety seat, contact us immediately.

 

Children's Clothing

Imported children's clothing frequently does not have the flame retardant chemical applied to it in proper proportions.

Machinery

Industrial equipment and home-based saws, drills, and other tools frequently malfunction and produce injury.

 

Paint Sprayers

Several individuals have suffered severe eye and finger injuries form paint sprayers that became clogged.  If you have been injured by a paint sprayer, contact us.

 

Scuba Equipment

Defects in regulators and safety equipment can produce severe injuries to scuba divers.

Personal Watercraft

Personal watercraft like the Ski-Doo, Waverunner, and similar devices can produce severe orthopedic injury and neck and back injury even when used according to directions.  For information on these cases, contact us.

 

Pressure Treated Wood

Chromated copper arsenate (CCA) pressure-treated wood is a product which has been marketed extensively in the United States for the last forty years. More than 6.5 billion board feet are sold annually in the United States. The CCA retail industry has evolved into more than a four-billion-dollar a year trade.

CCA products involve a treatment process by which wood has been impregnated with toxic and hazardous substances containing arsenic and chromium VI. However, the heavy-metal containing chemicals leach out of the wood and contaminate the environment. Because of this, there are significant industry liability issues involving the wood, including the wood treatment process and the environmental aftermath of the treatment sites, installation premises and disposal (after the useful life of the product). A growing number of litigation involving personal injuries, consumer recall actions, worker-exposure actions and CERCLA actions for wood treating site and surrounding areas are being seen around the country. Due to the tremendous volume of CCA products in use around the country, this litigation trend will continue to rise. It should also be noted that this product has been banned by numerous countries including the European Union from consumer uses. Last February 2002, as a result of numerous pressures, including from the EPA and the Consumer Product Safety Commission, the industry agreed to stop U.S. production within two years.

 

Cleaning Products

Certain solvents and chemicals can produce bad and violent reactions.  Spills of certain chemicals can produce burns and scarring.  When chemicals are distributed without proper warnings and with inadequate safety mechanisms, there may be a product injury case.

 

Toxic mold

Potential health effects and symptoms associated with mold exposures include allergic reactions and asthma and other respiratory complaints, according to the EPA. Clients have been traumatized by experiences with mold and quickly seek legal help. They have been exposed to a toxic environment because of improper design, construction, or maintenance. Sometimes their major asset, the home, is under toxic attack, and the family has been told it cannot go back inside. These families are separated from their worldly possessions and forced to live in temporary housing while dealing with children upset by the changes. They look to their insurance company to take care of them. However, insurers often respond with distrust, suspicion, and antagonism. As a result, with toxic mold claims, an insured homeowner is likely to seek outside help from an attorney earlier in the claims process than with another type of loss. Toxic mold results from water damage, which is not a new claim, but its true impact on people and property is now being fully realized. As for tobacco and asbestos, at first scientific and medical research regarding the effects of mold was scarce; now it provides the proximate cause necessary to establish personal injury and property damage. Research shows toxic mold exposure—through contact, inhalation, or ingestion—results in mold allergies and/or toxicity. Particularly susceptible are people with compromised immune systems and children whose immune systems have not yet fully developed.

 

Tainted Food

Food borne injury most often results from the negligence of a cook, kitchen worker, or food server.  Sometimes it is the result of bad packing and bad quality control at the manufacturing stage.  Whatever the cause, food borne injury can be deadly. If you are the victim, there may very well be a significant case.

 

E-Coli

Coliform bacteria comes from the bowel.  When it is introduced into tissue, it can often produce toxins that quickly kill, or in some cases, maim.  If you've been exposed to E-coli, or a family member has, our firm has represented E-coli victims with great success.

 

Crane & Lift Equipment

There are numerous varieties of crane accidents. Electrocution can occur when cranes come in contact with power lines. Crane tip-overs and rollovers are all too common. Another problem is two-blocking, when an operator accidentally breaks the hoisting cable. Bureau of Labor Statistics figures show that of 2,300 crane contacts with power lines annually, 115 result in death, 200 in permanent disability, and 1,800 in other injuries. The crane industry has refused to implement various safety devices that could prevent many crane injuries. Aerial lift tipovers continue to rank, along with electrocution, as the leading cause of fatalities and serious injuries. In 1983, one manufacturer designed and produced an anti-tipover device. Unfortunately, most manufacturers did not incorporate this device until the late 1990's.

Toys

Numerous injuries to children are caused every day by products specifically marketed for them. For instance, some toys present choking hazards because they are small enough to fit into a young child's mouth. Crib gyms have been responsible for strangulation. Projectiles and other weapons have resulted in puncture wounds, eye injuries, and death. Recreational equipment dangers include those from above-ground pools, athletic helmets, bicycles, and playground equipment. Adult recreational equipment with poor safety records includes the ATV.

 

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Copyright © 2002 Bartimus Frickleton Robertson & Obetz, PC
Last modified: 11/02/02