Product Liability

Published on: December 7, 2015

As many as 88% of hoverboards on the market may be defective products that have a high risk of overheating, exploding or catching fire

Cases of defective hoverboards busting into flames or exploding all over the world have prompted the National Fire Marshall Organization to issue a warning about the safety risks related to these fashionable products. A similar warning was also issued by the UK’s National Trading Standard after 88% of the products they tested posed a risk of catching fire. In New York, these self balanced scooters have been declared illegal and users risk a fine of $200 if they are caught by the police riding them.

Because hoverboards are in high demand this holiday season, negligent manufacturers have been flooding the market with shoddy versions of the toy that have a high risk of catching fire. Explosions often happen during charging time and are caused by defective lithium batteries but cases of hoverboards catching fire during rides have also been reported. In Louisiana an exploding hoverboard led to a fire that completely destroyed a house (see video below).

1.3 million bicycles of various brands and sold by 13 different companies in the US are being recalled because of a crash hazard due to a defective front wheel quick release mechanism

By GGCRBHS&M

Defective front disk brakes and quick-release levers installed on 1.3 million bicycles in the US may pose a risk of injury to bicycle riders. An open quick release lever on the bicycle’s front wheel hub can come into contact with the front disc brake rotor causing the front wheel to come to a sudden stop or separate from the bicycle. Therefore the following companies are recalling some models from the following brands:

If your bicycle is from one of these brands, the video below can help you determine if your bicycle is affected and if so what to do about it.

Published on: October 14, 2015

After a less than 1% response rate to an initial recall and a fourth death by entrapement, the US Consumer Product Safety Commission and Bed Handles Inc are re-anouncing the recall of defective portable bed handles

By GGCRBHS&M

The company Bed Handles Inc is re-announcing the recall of 3 models of their portable bed handles because they are defective and have caused the death of 4 people. These products are: Bedside Assistant, Model BA10W, Travel Handles Use, Model BA11W, Adjustable Bed Handle, Model AJ1.

When attached to an adult bed without the use of safety retention straps, the handles can shift out of place, creating a dangerous gap between the handles and the side of the mattress, posing a risk of entrapment, strangulation and death.

Recently a 90 year old woman died in a nursing home after being entrapped in the gap between the mattress and the defective bed handle. Before her three other women died in similar conditions.

Continue reading →

Published on: October 7, 2015

Companies are spending more on Product Liability Litigation

By GGCRBHS&M

Product liability litigation is one of the only areas of litigation that companies spent more on in 2015.

A recent article in Law 360 provides an overview of the BTI Litigation Outlook 2016 report by BTI Consulting Group and indicates that companies have been spending more on product liability litigation in 2015 and will most probably continue to do so in 2016.

This increase in product liability litigation is mostly related to regulation on food safety such as food labeling and the use of genetically modified ingredients.

Published on: August 18, 2015

Ben Rubinowitz was named the Best Lawyers® 2016 Product Liability Litigation – Plaintiffs “Lawyer of the Year” in New York City

By GGCRBHS&M

Congratulations to our managing partner Ben Rubinowitz for being recognized by Best Lawyers^® as the 2016 Product Liability Litigation – Plaintiffs “Lawyer of the Year” in New York City.

This is in recognition of his history of helping people injured by the negligence and carelessness of others.

Throughout his career, New York Product Liability Lawyer Ben Rubinowitz has made his mark as a leading trial lawyer combining hard work and dedication with his remarkable courtroom skills and presence. In 2013 Ben was voted ” Best Lawyers, Personal Injury Litigation-Plaintiff’s ‘Lawyer of the Year’ New York City Area.” Mr. Rubinowitz began his career as a prosecutor, where he honed the trial skills that would become his hallmark. From there, he began serving as a trial lawyer representing severely injured plaintiffs in personal injury cases, eventually joining Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf in 1989. For the past 13 years Mr. Rubinowitz was featured in New York Magazines’ article on “Best Lawyers in New York” and was one of ten GGCSMB&R attorneys who were listed in “The Best Lawyers in America”. For the past 9 years Ben has been recognized in the New York Times as one of the “Top 100” lawyers in the New York Metro area, as evaluated by New York Super Lawyers. Ben was honored by being elected to be a member of the prestigious Inner Circle of Advocates. The Inner Circle of Advocates is limited to 100 members considered among the best plaintiffs attorneys in the United States and also to be “lawyers of excellent character and integrity.”

Published on: July 18, 2015

After Takata, ARC Automotive is is the second company to be investigated by US Safety regulators for defective airbags

By GGCRBHS&M

The National Highway Traffic Safety Administration (NHTSA) just announced that they were probing another company for defective airbags. According to the document posted on the NHTSA website, ARC Automotive is being investigated for airbag inflator rupture following two reports of incidents during which two people were injured. A first incident of airbag inflator rupture was reported in 2009 but was considered an isolated case. However after KIA reported, this year, a product liability lawsuit for another airbag rupture from the same manufacturer, the US Safety regulators decided to probe ARC Automotive, Inc. The ARC probe will cover airbags in about 420,000 Fiat Chrysler Town and Country minivans from model year 2002, and 70,000 Kia Optima midsize sedans from model year 2004. Read more on the CNBC website

Published on: June 24, 2015

Medtronic is recalling defective neonatal and pediatric Tracheostomy tubes worldwide after the company received 12 reports of children suffering serious personal injury

By GGCRBHS&M

Medtronic announced yesterday that certain lots of its neonatal and pediatric Covidien Shiley(TM) tracheostomy tubes are defective and can seriously injure children. The defective products were formed with a wider-angle bend than standard models, making it difficult for patients to breath. In its press released Medtronic indicates that it already started to notify hospitals and distributors at the end of May. The company also asks that customers and distributors notify primary care physicians and home care providers to whom they provided such devices. Read the press release

Published on: May 20, 2015

Takata admited that its airbags were defective and agreed to double the number of cars recalled in the US, making it the largest auto recall in American history

By GGCRBHS&M

One in seven vehicles on American roads may have defective airbags that can potentially severely injured or even killed passengers as they violently deployed and send shrapnel flying into the car passenger’s compartment. Yesterday after more than 10 years of denial, Takata admitted that his products were defective and agreed to double the number of vehicles recalled in the Unites States to nearly 34 millions.

When a crash happens, pellets of a propellant based on ammonia nitrate are ignited and generate the nitrogen gas that inflates the airbag in a fraction of a second. Takata said manufacturing problems, together with exposure to moisture in cars in humid regions, can cause the propellant to degrade. This can make the propellant burn too strongly when the airbag is deployed, rupturing the inflater and sending metal fragments into the car’s interior and injuring the driver or passengers.

Read more in the New York Times

Published on: May 8, 2015

51 reports of personal injuries and one death prompt the FDA to announce an urgent Class I Recall of Maquet’s Tiger Paw System II, a medical device used during heart surgery

By GGCRBHS&M

A defective surgical staple used to close tissue in the left atrial appendage of the heart is being recalled by the FDA after reports that patients suffered personal injuries such as tissue tears and bleeding including a possible tear of the left atrial wall (top left chamber) during use of the device. The manufacturer of the defective medical device, Maquet Medical Systems, sent an “Urgent Medical Device Recall (Removal) Immediate Action Required” letter to all affected customers asking them to immediately remove and quarantine the Tiger paw System II from their inventory.

Read the press release from the FDA

Published on: April 16, 2015

Window Blind with Cords are dangerous products: over the last 30 years 332 children died from strangulation and 165 suffered personal injury including permanent brain damage or quadriplegia

By GGCRBHS&M

Since 1981, the Consumer Product Safety Commission (CPSC) has identified window blind cords as a cause of strangulation deaths among children under five but not much has been done by the industry to develop safety measures to mitigate this risk.

Recently Parents for Window Blind Safety, Consumer Federation of America, Consumers Union, Kids in Danger, Public Citizen, U.S. PIRG, Independent Safety Consulting, Safety Behavior Analysis, Inc. and Onder, Shelton, O’Leary & Peterson joined together to petition the CPSC to create a rule that would ban new blinds with cords if the cords can’t be kept away from children.

Read more in FairWarning