Articles Posted in Product Liability

More than three years after General Motors (GM) recalled 2.5 million of its 2005-2010 Chevy Cobalts, Pontiacs, and Saturns, the company recently lost its bid to prevent an Arizona driver some seeking damages for ignition-switch liability. The plaintiff, Dennis Ward, alleges that he was driving a 2009 Chevy HHR on March 27, 2014, when he rear-ended another driver in Tucson. The reason why he rear-ended the driver, he alleges, is because his vehicle “suddenly and unexpectedly lost power,” thus disabling his brakes and steering.

Faulty Ignition Switches

Beginning in 2001, several models of GM brands were fitted with an ignition switch that was found to be defective, causing cars to suddenly shut off while still in gear. These faulty switches could cause a loss of power steering, disable brakes, and prevent airbags from inflating. In some models, the key could even be removed from the ignition switch when it was not in the “off” position, which could cause the vehicle to roll away. The switches have been linked to at least 124 deaths and nearly 300 injuries. Once GM became aware of the problems associated with these ignition switches, it initiated a recall of about 800,000 vehicles in 2014, which was eventually expanded to over 30 million vehicles once the scale of the problem became apparent.

In March of this year, a 59 year-old woman, a woman in her 40s, and a 7 year-old boy fell about 12 to 15 feet out of a Ferris wheel in Washington State when the gondola they were in tipped over. The 59 year-old was hospitalized with serious injuries, while the others were treated and released. The company that owns the Ferris wheel claims that riders who fell out had been asked to remain seated during the ride’s rotation. However, a witness at the scene claims that it didn’t appear that the riders were moving around when their gondola tipped over, and a broken part was found on the deck of the ride shortly after the accident. The witness further claims that the riders did not start moving back and forth in the gondola until the car itself started coming apart and they were trying to hold on, and that she heard a grinding sound right before the accident.

This incident raises the question of theme park and festival safety, and what riders can do if they are injured on a ride. Below, we’ll examine some of the most common theories of liability for theme park accidents.

Negligence

A jury in St. Louis, Missouri recently awarded a Virginia woman $110.5 million in damages after she alleged that their talcum powder products caused her ovarian cancer. Lois Slemp, a Virginia resident, claimed to have used Johnson & Johnson’s Shower-to-Shower and Baby Powder products over a period of four decades. The damages included $5.4 million in actual damages and $105 million in punitive damages. This follows jury verdicts of $72 million, $55 million, and $70 million  against Johnson & Johnson in 2016.

Does Talcum Powder Cause Cancer?

There is debate in the medical industry as to whether here is a link between talc, the main ingredient in talcum powder, and various forms of cancer. Talc is a mineral that is mined from deposits around the world, which is then crushed into a white powder for use in cosmetics and other personal care products to absorb moisture. It is also used in a variety of other products, including paint and plastics. In its natural form, talc contains asbestos, a substance that is known to cause cancer in and around the lungs when inhaled. However, all talcum products sold for home use in the United States have been asbestos-free since the 1970s. Most of the concerns about a link between talcum powder and cancer have been focused in two areas:

What happens when you are injured by using a product that you purchased?

As long as the injury wasn’t your fault–for example, you were using it incorrectly or using it for a purpose it was not intended for–you may be able to bring a products liability action against any party in the product’s chain of distribution. This includes the manufacturer, the manufacturer of a component part of the product, the party that assembled the product, and even the store where you bought the products. When you bring a products liability action, however, you must show that the product was defective and unreasonably dangerous.

How do you do that? The law recognizes several ways.

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