Manufacturing Defects

News & Analysis as of

What is a Defective Product Liability Claim?

The law requires manufacturers, distributors and retailers to ensure their products meet certain safety standards. Yet dangerous and defective products — from automobiles to children’s toys — still injure thousands of...more

Class Certification Denied in Moldy Baby Seat Lawsuit

A California federal judge recently denied a motion to certify a nationwide class of consumers who acquired Fisher-Price Rock ‘N Play Sleeper infant recliner seats, finding that the plaintiffs failed to demonstrate that the...more

General Motors Faulty Ignition Recall Leads to a Number of Fatalities

The federal safety regulators have received more than 260 complaints about General Motors indicating that that the vehicles suddenly turned off while being driven. Many of the complaints detailed frightening events in which...more

Court Permits Recovery Of Damages For Flooding Caused By Defective Water Softener

Larry Krueger bought a water softener from Menard’s. Two years later, the water softener failed and caused flooding in Mr. Krueger’s home, resulting in $45,000 in damages....more

Lance v. Wyeth: A New Cause of Action in Pennsylvania?

Issuing an opinion over two years after oral argument, the Pennsylvania Supreme Court ruled last week in Lance v. Wyeth that pharmaceutical companies can be held liable for negligence in the design and marketing of drugs....more

Toyota Settles Sudden Acceleration Case After Guilty Verdict

In 2007, Jean Bookout was at the wheel of her 2005 Camry with her friend Barbara Schwartz. The friends exited an Oklahoma highway before Ms. Bookout discovered she could not stop her car. The vehicle sped through an...more

Court Gets in Line with Majority of Jurisdictions on Faulty Products Coverage

A recent decision from an appellate court in Pennsylvania is good news for policyholders who manufacture products, as yet another jurisdiction joins the majority view that product manufacturers may be covered for damage that...more

Are Children Safe in High Chairs? Rise in High Chair Injuries Reported in New Study

Child Injury and Defective Products - Are our children safe in high chairs? According to a recent study published in the journal of Clinical Pediatrics, each year thousands of children suffer injuries from high...more

Liability for Defective E-cigarettes

E-cigarettes are electronic devices designed to simulate the experience of smoking. Local news reported on a Grant Park woman who claimed that a new e-cigarette that she bought exploded and almost destroyed her home....more

Pennsylvania Appeals Court Confirms Insurance Coverage for Product Liabilities and Distinguishes “Faulty Workmanship”

Whether a construction defect constitutes a covered “occurrence” under a commercial general liability (“CGL”) policy has been the subject of a national debate among state courts in recent years. Armed with a small minority of...more

Defective Auto Parts: When the Fault Is in Your Vehicle

A Philadelphia jury recently returned a verdict of $15 million in an automobile products liability case against Central City Toyota. The lawsuit alleged that the plaintiff, a physician, was injured when the ball joint of a...more

Tougher Product Liability Provisions Following The Release Of Long-Awaited Amendments To Consumer Rights And Interests Protection...

OVERVIEW - The rise of consumerism in China over the past ten years, accompanied by huge increases in domestic consumption, has spurred greater regulatory enforcement in the area of product liability, as well as...more

Chobani Recalls Moldy Greek Yogurt After Consumer Complaints and Illnesses

Chobani recently recalled some of its Greek yogurt products after receiving complaints from customers of mold and illnesses. These complaints reported incidents of fizzy or carbonated yogurt in bloated or swollen containers,...more

JM Eagle Pays $2.5 million to Settle False Claims Allegations

On November 14, 2013, a federal jury in California found that JM Eagle (formerly J-M Manufacturing Company, Inc.) defrauded several states and municipalities by selling them defective plastic pipe in violation of the federal...more

Arora v. Whirlpool: The Case of Smelly Washing Machines

Smelly washing machines were at the center of a recent decision of the Ontario Court of Appeal. In Arora v. Whirlpool Canada LP, the plaintiffs all bought Whirlpool front-loading washing machines. The early models of these...more

California Court of Appeal Holds Intermediary’s Sophistication Not Sufficient, as a Matter of Law, to Avoid Supplier’s Liability...

On October 29, 2013, the California Court of Appeal affirmed as proper a trial court’s refusal to give defendant John Crane, Inc.’s (Crane’s) requested jury instruction on the “sophisticated user” defense. In Anne Pfeifer, et...more

Florida Appeals Court Holds “Your Product” Exclusion Bars Does Not Apply to Altered Products Not Transformed Into “New Products”

On September 4, 2013, a Florida appellate court reversed, in part, a final summary judgment ruling that Liberty Mutual has to pay its insured, MI Windows and Doors, Inc. for the $3.4 million that MI paid to settle several...more

Foreseeable Misuse Isn't A Plaintiff's Panacea

Many consumers misuse products, plain and simple. All the warnings, labels and admonitions in the world won't stop this, try though the manufacturers might to limit their liability for such misuse. Originally Published...more

Five Things To Do If A Product Injures You

Many goods on the market, such as contaminated food or defective household products and vehicle components, can cause serious injury. If a product has caused you serious injury, your avenue to getting compensation may be a...more

Alberta’s Highest Court Dismisses Employer’s Appeal In Calf-Roping Case: Agrees That Trial Judge’s Verdict Was Unreasonable

The Alberta Court of Appeal recently released its decision in R v XI Technologies Inc., 2013 ABCA 282 and held that the employer had not met its obligations under Alberta’s occupational health and safety laws when it failed...more

Ontario Court Certifies Class Action Relating to Allegedly Faulty Hip Implants

In a decision released on August 27, 2013, Justice Belobaba of the Ontario Superior Court of Justice certified a class action against DePuy Orthopaedics Inc. on behalf of persons who were surgically implanted with any one of...more

Seventh Circuit Reaffirms Propriety Of Overbroad Washing-Machine Classes Despite Supreme Court’s Ruling In Comcast v. Behrend

Earlier this year, as noted in a previous Skadden memorandum, the U.S. Supreme Court vacated and remanded the U.S. Court of Appeals for the Seventh Circuit’s decision in Butler v. Sears, Roebuck & Co., 702 F.3d 359 (7th Cir....more

What Are My Rights if My Defective Car Caused the Accident?

Three of the largest automobile manufacturers had to issue a recall of more than three million vehicles this year after the airbags were found to be defective. Toyota Motor Corporation, Nissan Motor Company and Honda Motor...more

Filing a Lawsuit Against Lipitor Manufacturers, Distributors & Marketers

It can take years for the public to find out about the dangers of pharmaceutical drugs. The main types of drug-related product liability claims arise from: - Defectively manufactured pharmaceutical drugs - Drugs...more

When Defective Medical Devices Cause Injury

A medical device is a tool designed to facilitate providing a healthcare service to a patient. ...more

45 Results
|
View per page
Page: of 2