Product Defect Liability Lawyer Blog

DeVilbiss is issuing a defective product recall for about 620,000 pressure washers and 72,000 compressors after complaints of broken bones and injuries relating to the products. The company issued the recall in cooperation with the U.S. Consumer Product Safety Commission (CPSC). The defective pressure washers and air compressors have pneumatic tires with plastic hubs that can burst posing a fracture and laceration hazard to consumers. So far, DeVilbiss has received more than 100 injury reports including hand and finger fractures, cuts and reports of property damage.

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Wal-Mart has issued a defective product recall for about 1.5 million Durabrand DVD players because of a potential fire hazard, according to a CNN news report. The U.S. Consumer Product Safety Commission (CPSC) and Wal-Mart issued the recall after the retailer received 12 complaints of the DVD players overheating. In five of those cases, the overheating started a fire resulting in damaged property. No injuries have been reported as yet. The DVD players, imported from China, were sold at Wal-Mart stores from January 2006 through July 2009 for $29. The recalled DVD players come with a remote control and are silver with a U-shaped opening at the top to insert the DVD. Consumers are asked to stop using these defective products right away and return them to Wal-Mart for a full refund.

I'm glad that Wal-Mart has recalled these dangerous and defective products that apparently cause fires. It's indeed fortunate that no one has been injured so far due to these product defects.

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The family of a tree trimmer who suffered fatal on-the-job injuries on-the-job injuries in Inglewood has filed a product liability lawsuit against the manufacturer of the wood chipper that apparently caused the worker's death, the Los Angeles Times reports. Rafael Jimenez's family alleges in their lawsuit that Michigan-based Morbark knew for years that the safety features on its wood chippers were inadequate, but did nothing to prevent personal injuries and deaths that occurred as a result. Jimenez, a veteran tree trimmer in his 24th year on the job, was stuffing tree branches into a wood chipper April 2008 when his right hand became entangled in the branches. Jimenez was dragged into the blades of the machine that consumed almost his entire body.

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Apple iPod Touch Product Liability Lawsuit

Apple is facing a product liability lawsuit from the mother of a 15-year-old boy who said his 16 GB iPod Touch exploded in his pants pocket, resulting in severe burn injuries to his leg. According to a report in CNET, the lawsuit was filed in the U.S. District Court for the Southern District of Ohio. According to court filings, the boy apparently heard a loud popping sound and immediately felt a burning sensation in his leg. His iPod had exploded and caught fire in his pants pocket. The teenager immediately ran into a bathroom and removed his burning pants with help from a friend. The Apple iPod Touch had incinerated his pants pocket burning his leg.

The boy suffered second-degree burn injuries as a result of the explosion. His family is seeking in excess of $225,000 in compensatory and punitive damages on the teenager's behalf. The CNET article states that mobile device explosions that cause injuries unfortunately occur quite commonly and in many cases occur because of defective batteries that were put in by the user. With the iPod Touch, the battery is not replaceable by the user and so must have been an original Apple battery that may have been defective. I'm sure the details of what went so terribly wrong with this particular product will unfold as the case progresses.

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The Toro Company is recalling about 900,000 defective Power Sweep electric blowers. According to this news report in Consumeraffairs.com, the blower’s impeller can break, causing pieces of plastic to fly out of the blower and seriously injure the user or anyone nearby. The blowers were apparently originally recalled in July 2007. Toro has received 162 reports of broken impellers including 28 reports of injuries resulting from the projected impeller pieces. This second recall is intended to inform consumers who did not learn of the first recall.

This product recall involves the Toro Power Sweep electric blower model 51586 that was manufactured between 2000 and 2002 in the United States. These defective products were sold by Toro dealers and various mass retailers nationwide including The Home Depot, Lowes, Target and
K-Mart for about $32. Consumers are asked to stop using these blowers immediately and contact Toro to receive a free replacement blower. For more information, consumers are asked to call Toro at
1-888-279-3191 or visit the company’s Web site at www.toro.com. The company has already notified its registered owners about this product recall.

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Wal-Mart has recalled 210,000 defective General Electric toasters after receiving 140 reports of fires and sparks. A Consumer Reports Safety Blog states that two models, a two slice and four slice unit, were included in the recall. According to a September 30, 2008 recall notice by the U.S. Consumer Product Safety Commission, the toasters have also tripped the circuit breaker in a number of consumers’ homes. So far 140 fires have been reported as a result of these defective toasters.

The recalled toasters have a chrome steel body and a black plastic base and controls. The GE logo is located on the front of the toasters just above the controls. The model numbers included in the recall are 169115 and 169116. The model numbers can be found on the bottom of the toaster. These defective units were sold at Wal-Mart stores nationwide between September 2007 and July 2008 for between $17 and $28. Consumers are asked to stop using these recalled toasters immediately and return them to any Wal-Mart for a full refund or replacement toaster. Those who would like more information are asked to call Wal-Mart at 1-800-925-6278 or visit their Web site at www.walmartstores.com.

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The U.S. Consumer Product Safety Commission (CPSC) has recalled 24,000 high-end Wolf gas ranges because one of its two new ovens poses a serious burn hazard. According to a Sept. 3 alert issued by the CPSC, delayed ignition of gas in the smaller 18-inch oven can cause flames to shoot out when the oven door is opened. This could possibly cause severe burn injuries, the agency cautions. The company received 97 reports of gas ranges experiencing delayed ignition. Fifteen of those resulted in burn injuries, but there have been no reports of property damage.

This recall involved Wolf’s 18-inch stainless steel gas ranges with the model numbers P48, PS48 and R48. Made in the United States, these defective products were sold at home builder and appliance stores across the country between January 1998 and June 2008. Those who own these gas ranges are asked to stop using the 18-inch oven immediately and contact the manufacturer at 1-866-643-6408 or e-mail Wolf at range18.rework@wolfappliance.com. The company is offering free, in home repair to all consumers owning one of these defective ovens.

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Wisconsin-based importer Menards is recalling about 42,000, 3.6-volt cordless screwdrivers because the battery can overheat and catch fire while charging causing serious injuries to consumers. According to an article in Consumeraffairs.com, this could pose a fire and burn hazard to users. The problem is there is no protective device on these screwdrivers’ lithium batteries to prevent the overheating. The recalled product was manufactured in China.

The U.S. Consumer Product Safety Commission (CPSC) has issued a Sep. 3 safety alert about the defective tools in its Web site. The CPSC has received reports of major injuries. The agency received three reports of fires. One consumer suffered burns to the hand and another experienced temporary hearing loss. The recalled screwdrivers are green and gray in color. “MASTERFORCE” is printed on the top of the tool. “LITHIUM-ION TECHNOLOGY” and “241-0717” are printed on the handle. The tools were sold at Menards stores from April 2007 through May 2008 for about $30.

Consumers should stop using these defective products immediately. Menards is offering a free replacement or refund. Consumers seeking more information are asked to call 1-866-458-2472 or visit the firm’s Web site at www.menards.com.

These products clearly have the potential to cause a lot of harm. The injuries listed include burns and temporary loss of hearing. We’ve been seeing a number of product defects in numerous products manufactured in China – from tires and toothpaste to toys and tools. Distributors and importers of these dangerous and/or defective products must ensure that there is a quality control process for the products that are being imported and that the standards and procedures are being upheld.

The U.S. Consumer Product Safety Commission, in cooperation with Florida-based Atico International USA Inc., has recalled about 124,000 Gourmet and Crofton personal blenders. According to an alert issued by the CPSC, these defective blenders pose a serious laceration hazard to consumers. The blender could be inadvertently turned on when the user places the cup on or off the base of the blender, thereby activating the blade.

So far, the company has received 14 reports of injuries, all cuts, including 11 that required medical treatment and stitches. The product recall involves the Signature Gourmet (item number W14A3691) and the Crofton (model number SB 19) personal blenders. The blenders are white and have three component parts – a base comprising a power button, a blade assembly and a blending cup. These blenders were sold at Walgreens stores nationwide from July 2006 to March 2008 for about $16. The Crofton blenders were sold at Aldi stores nationwide from May 2007 to March 2008 for about $13. All blenders were made in China.

Those who have purchased these blenders are asked to stop using the blenders and call Atico International USA for instructions on returning the defective product for a full refund. For more information, please call 1-877-546-4835 or visit their Web site at www.aticousa.com.

This report is another example of how many of our country’s importers lack quality control procedures when it comes to products that are manufactured outside the United States. Products that are made outside the country are still subject to the same standards and requirements as products that are made in the United States. But so far, we’ve seen violation of these safety standards, mostly in a range of defective products from China – from tires and cribs to toothpaste, clothes, toys and pet food. Importers of defective products are and should be held equally responsible for those products as their manufacturers.

If you or someone you know has been seriously injured by a defective product in California, we would like to hear about it.

Nayeli Garcilita, a 6-year-old girl, was recently killed in a Haywood County house fire most likely caused by an electrical defect in a clothes dryer, according to a news report in the Asheville Citizen Times.

Investigators from the County Fire Marshall’s Office said there was a high probability that the early morning Lakesite Lane mobile home fire in Canton was electrical and came from the dryer unit. The fire also injured the girl’s parents Roberto and Rachael Craig Ortiz, and Raini Ortiz, their 9-year-old daughter.

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