Articles Posted in Products liability

Do you love eating ice cream, particularly Turkey Hill Ice Cream? If so, beware of a recent recall. Earlier last month, Turkey Hill Dairy recalled a number of its Dutch Chocolate Premium Ice Cream after it was discovered that the package possibly contained Rocky Road Ice Cream instead. It is reported that the cup of the affected packages reads “Dutch Chocolate Premium Ice Cream” and the package lid actually read “Rocky Road Premium Ice Cream.”

Why is this a big deal? Well, the packages with Rocky Road Ice Cream may contain unlisted ingredients such as almonds and eggs. These are two of the major allergens. If a person, who is allergic to these ingredients, consumes these ingredients, he or she may have a serious reaction.

Some of the affected packages were sold in Illinois, so be on the lookout. If you discover that you purchased one of the affected packages, you should either throw it away or return it to the place of purchase for a full refund. Yet, if you are not allergic to almonds or eggs, there is no safety issue in consuming this ice cream.

Our attorneys cannot stress enough the importance of product safety. We have frequently discussed how imperative it is that manufacturers and sellers comply with product liability laws. This might be of the greatest importance though in regards to creating and selling safe children’s products. Children and babies are at an even greater risk than adults when exposed to danger and brought in harm’s way due to a dangerous product. Where adults may have some awareness of the situation and may be able to defend themselves from danger, children are completely innocent and have no reason to expect that they are in danger. In addition, with being so small and undeveloped, they are much more easily harmed than grown and strong adults.

Product safety in regards to children’s products has been in the spotlight in the news. According to a recent report by ABC, nearly 71,000 Britax brand infant car seats are being recalled. The U.S. Consumer Product Safety Commission recently announced this recall in wake of the knowledge of the great danger these defective seats pose. According to the CPSC, there have been over 74 reports of car seat handles breaking while in use. The handles have reported to easily develop fractures and cracks while they are used. These cases of broken handles have been so serious that they have caused infants to fall from their carrier to the ground. In one instance, an infant fell to the ground and suffered an injury to the head.

Our attorneys urge our readers to please take note of the models at issue in this recall. The car seats involved in this recall are the Britax B-Safe 35 and B-Safe 35 Elite infant car seats. Consumers are advised to immediately cease use of these car seats, and to especially not use them by the handle. Reports indicate that right now these seats are only safe to use when secured in a vehicle or stroller, but that they should never be used by the handle until further notice is relayed of repairs or new parts.
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It is fairly easy to observe how much Americans rely on cars. Vehicles are so important to our way of life that we utilize them on a daily basis for work, school, errands, and leisure. Because they are so necessary in our lives, it is especially important that vehicles are safe to drive. This means it absolutely vital that manufacturers of vehicle use the utmost care in the design, assembly, and inspection of our vehicles. With vehicles being so high in volume throughout our country, when manufacturers are negligent in providing safe vehicles, this can easily lead to serious harm, such as death and injuries.

The International Business Times reported that a switch flaw in General Motors ignitions has caused 169 deaths. Recent personal injury settlements in civil class action lawsuits surrounding the flaw totaled over $575 million.

The report indicates that the switch flaw was in regards to small-car ignitions in particular, such as the Chevrolet Cobalt and other small cars. The flaw causes the ignition to slip out of the “on” position, which cuts power to the vehicle’s engine, steering, brakes, and air bags. In addition to the 169 deaths, several hundred other people have suffered injuries due to this flaw. This resulted in a class-action lawsuit consisting of 1,385 clients.
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While food poisoning and product recalls are always a call for concern, they are especially alarming when this occurs in regards to a large company and common household name. In these instances, the affected products, and by result number of potentially at risk individuals, is a significantly larger pool due to the immense size of the negligent company.

This is the exact issue and cause for concern in a recent post by the International Business Times. Kraft Heinz has recalled more than 2 million pounds of Oscar Mayer turkey bacon. This occurred after customers began reporting illnesses after consuming the product, according to the U.S. Department of Agriculture. The article explains that the packages may expire sooner than what is inscribed on the label and could be adulterated.

There have been three varieties of turkey bacon at issue. These were produced between May 31st and August 6th. The specific products are the Oscar Mayer Selected Uncured Turkey Bacon, the Oscar Mayer Smoked Cured Turkey Chopped and Formed in the smaller size, and the Oscar Mayer Smoked Cured Turkey Chopped and Formed in the larger size. The Selects Uncured Turkey Bacon comes in 56 oz. cardboard boxes containing four plastic-wrapped packages and consists of plant number P-9070 and UPC 044700076330. The smaller size of the cured turkey comes is 36 oz. cardboard boxes with three plastic-wrapped packages with plant number P-9070 and UPC 071871548748, while the larger size comes in 48 oz. cardboard boxes with four plastic-wrapped packages and plant number P-9070 and UPC 071871548793.
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In the age of technology and information, digital products are extremely popular, and arguably often a necessity in some cases, such as phones and computers. If you take a moment and simply look around you, try to count how many pieces of technology you use on a daily or weekly basis you would be surprised.. With such a high use of digital products among the majority of people, it is imperative that these products we use in our daily lives are safe and danger free for our use. However, when companies and manufacturers fail to use the diligence and care required of them by law in making a product, consumers often suffer personal injuries. In these instances, companies can be held liable under a product liability lawsuit for failing to inspect a product for dangers, failing to warn consumers of known dangers, or failing to timely remove a dangerous product from the stream of commerce.

In a recent report by the United States Consumer Product Safety Commission the popular technology brand Apple known for the ipod, iphone, and Mac computers, has recalled some of its popular speakers. The product at issue for the recall is the Beats Pill XL Portable Wireless Speakers. They are the subject of recall for the potential of fire hazard. According to the report, the battery in the speakers can overheat, having the potential for fire to start. There are about 222,000 of these units in the United States. The Beats Pill XL portable wireless speakers are plastic, capsule-shaped speakers that are about 4 inches tall by 13 inches wide by 4 inches deep. They have a plastic mesh grille on the front and a built-in carrying handle in the back. They can be identified by the “b” logo on the grille and the “beatspillXL” inscribed on the handle. As of recently, Apple has received eight reports of the speakers overheating. One of these reports included a burn incident, where a consumer suffered burns to their fingers and damage to their desk. Consumers should immediately stop using the product.
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Having children is a joy to families. These youngest members of families are a lot of fun, especially in helping them learn and grow. Part of being a kid is having a fun and educational environment that helps you learn about the world around you, grow physically, and expand your mind. Families should not have to worry about kids being harmed by products and toys aimed at helping children do so.

Retailers have a legal duty under product liability law to provide safe goods that will not cause harm or injury to the users. Even though children may not be the ones purchasing the product, they are the foreseeable users and recipients of toys and other children’s goods. This means that companies have a duty to inspect all products for defects, warn of known defects, and remove dangerous products from the marketplace. Where they fail in this regard and do not abide by this standard of care and injury results to a child, they can be held liable in a product liability lawsuit for injuries they have caused.
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According to a recent article by Yahoo! Health, there have been 737 recalls of food since January 2014 alone by the Food and Drug Administration. Many of the recalls have been due to undeclared allergen ingredients (ex: nuts) or a confirmed contamination.

However, some companies have sold contaminated food more often than others. According to that same article, Whole Foods is at the top of a list of companies that have been forced to recall food. Since the beginning of 2014, Whole Foods has had 26 store-brand products recalled. What is alarming is that even though Whole Foods accounts for the store with the highest number of recalls, they still only account for 3% of all recalls issued in the United States during that time period. This means that recalls are not just centralized by one offender, but are unfortunately spread out among many grocers and sellers, suggesting that there may be no one seller that hasn’t been culpable of providing dangerous products to consumers.

Recently, food safety has been a major issue throughout the United States. According to the same article, just in the month of April, a large and diverse array of food products has required recall for food poisoning and safety concerns. These have included hummus, ice cream, and a variety of dairy products. The article relayed that many recalls have also involved prepared foods. Since 2014, 10% of recalls have included ready-made meals – a type of convenience food where you can purchase an already prepared meal from your local grocery store that they have prepared for customers.
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Now that the weather is getting warmer and spring is hitting Chicago, it’s about that time of year for a warm-weather favorite treat: ice cream. Soon lines will start forming on hot summer nights at neighborhood ice joint favorites. Ice cream trucks will start driving through town with their catchy jingles to alert you of their delicious treats for sale. Unfortunately a recent recall draws attention to potential food poisoning risks associated with one popular store bought ice cream brand.

According to a recent article by the New York Post. Blue Bell Creameries has issued an all-product recall for potential listeria contamination. They issued this recall after two samples of chocolate chip cookie dough ice cream tested positive for listeria, which is a potentially deadly bacteria. The recall includes ice cream, frozen yogurt, sherbet, and frozen snacks. The recall affects 23 states and international locations, including Illinois. The illness was eventually tracked to two different company locations in two different states.

The article elaborates about a rather unsettling fact: the company cannot even say how the bacteria was introduced into the facilities. This begs the question about quality of the safety regulations and oversight within the company and its production area. The most recent contamination was discovered only after a testing program was initiated by the company after the first recall. It is interesting to ponder why this testing was not already in place. Last month the U.S. Centers for Disease Control and Prevention linked the contaminated ice cream to three deaths and five illnesses occurring in more than one state. This is a serious and widespread case of foodborne illness. However, this is the first recall in the company’s 108 years of operation. Blue Bell is now implementing a new process to test all of its products before releasing them to the market. However, under product liability law, it is already the legal duty of companies and manufacturers to inspect their products to discover dangers.
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A new baby is a joy for families. There’s a brand new member of the family and a tiny life to take care of and protect. Babies require different care than grown people too, such as different sleeping schedules, different entertainment, and different food and drink. As not being fully grown and so young, they need special diets in order to receive the right nutrients and in a consistency that their tiny bodies can chew and digest. That is why there are specially made baby foods and formulas on the market and available at our local grocers. Because companies specialize in producing foods particular to the diet of a baby, we grown adults trust that the company is providing a proper nutritious and safe food since they are selling a product and calling themselves experts in that field. Unfortunately, just as instances of negligence occur in our everyday adult foods, manufacturers of baby food have been found to be negligent in their production as well. What is most unfortunate about this though is that a baby is so young and fragile that this negligence can impact them far worse than it would to an adult, and a baby is unable to communicate with language when something is wrong like an adult can.

Unfortunately, recent reports relay that Beech-Nut baby food has been recalled for glass contamination. The United States Department of Agriculture reports that Beech-Nut Nutrition is recalling approximately 1,920 pounds of baby food that may be contaminated with small pieces of glass. The food was produced on December 12, 2014, and are 4-oz. glass jars labeled as “Stage 2 Beech-Nut CLASSICS sweet potato & chicken.” The product also has the establishment number “P-68A” inside the USDA mark of inspection. The products expire in December of 2016 with product numbers “12395750815” through “12395750821.”
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Companies have a legal duty to provide safe products to consumers. This includes inspecting all products for dangers, removing dangerous products from the market, and warning consumers of known dangers. These dangers can manifest in everyday products. It takes only the slightest negligence or lack of attention to details for a product to be unsafe and dangerous. These dangers can be even more hazardous to the youngest members of our families too, like children and babies. That is why it is especially important that companies and manufacturers thoroughly inspect all consumer goods they produce and sell.

According to a recent report by the U.S. Consumer Product Safety Commission, Blinds To Go has recalled window shades due to a strangulation hazard. The report states that the custom-made window shades’ chain or cord loop can slip out of the hold-down device, which poses a strangulation hazard for small children. The hold-down device for the cord is a clear P-shaped plastic hook, and the cord or chain loops of the shades clips into this device. The plastic hook is screwed to the side of the wall or window when the shades are installed. It was shipped with the Blinds To Go custom-made roller shades, including Sidewinders Smartlift pleated and cellular shades, Panel Tracks shades, and Serenity Shades.

The shades at issue were sold in Blinds To Go showrooms and online from January 2009 through November 2014. Consumers should stop utilizing the shades with the hook to avoid the strangulation hazard and contact the company for a retrofit kit and new hold down device.
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