Amazon in Hot Water Over Combustible Hoverboards

Amazon, the popular online shopping company, recently lost a case in the United States Appeals Court for failure to appropriately notify customers about a known defect in a hoverboard it sold. As a result, it may be forced to pay damages to those harmed by the defective hoverboard, which Amazon knew sometimes could catch fire or explode, but failed to adequately notify those who already purchased the hoverboard.… Read the rest

What You Should Know About Product Recalls

product liability lawyer New YorkWhat is a product recall?

A product recall is usually issued by a manufacturer informing customers that one or multiple products is unsafe as a result of a defect and can potentially cause death or serious injury to a consumer.  A product recall can occur as a result of testing by a manufacturer or as a result of prior incidents involving an injured consumer and their product. Commonly, product recalls can be issued in conjunction with a government agency, such as the Consumer Product Safety Commission (CPSC) or the Food and Drug Administration (FDA).… Read the rest

Hotdog Recall!

product liability lawyer NYSummertime is finally here! It is the best time of year for a family BBQ, which oftentimes involves hot dogs, hamburgers, and steaks. The most common staple at every summer cookout is hotdogs because they are quick and easy food to make. Recently, a popular hot dog brand company had its “dogs” recalled, due to concerns about safety.… Read the rest

Salomon Recalls Ski Bindings Due to Unexpected Release, Fall Hazard Would Be Liable Notwithstanding Skiers Waiver or Release

With the onslaught of cold weather and the forecast for snow, one feels the urge to hit the ski slopes. One of the most trustworthy names in ski bindings for many, many years is Salomon. But last month the U.S. Consumer Product Safety Commission, in cooperation with Salomon, announced a voluntary recall of about 10,000 alpine ski bindings and directed consumers to stop using recalled products immediately unless otherwise instructed.

The manufacturer has received two reports of injuries, including a broken leg and a knee injury. The hazard is that the toe component of the ski bindings could fail to … Read the rest

Gas Buyers, Ever Wonder Who Checks the Pumps For Accuracy? (Who Checks the High Price, You Ask? Fuggedaboudit!)

Under New York City’s Weights and Measures law, the Department of Consumer Affairs (DCA) tests all gas pumps for accuracy. In the past year, DCA has performed more than 1,800 gas station inspections, checking more than 12,000 individual gas pumps throughout the five boroughs. The Department condemned 227 gas pumps for inaccurately dispensing fuel over the past year.

On average, DCA’s gas squad inspects each gas station in the City approximately twice a year. In a press release dated July 1, 2009, the DCA announced a 98 percent compliance rate for the City’s gas pumps, which the Department considers to … Read the rest

Fallout from Salmonella in Tainted Peanuts Continues Unabated as President Obama Announces Creation of Food Safety Working Group

Recall after recall has resulted from the U.S. Food and Drug Administration (FDA) expansion of the Peanut Corporation of America’s (PCA) Salmonella related recall to include all peanut ingredient products produced in PCA’s Plainview, Texas facility since January 1, 2007. Just last week, the FDA announced recalls of 18 peanut-containing products because the products have the potential to be contaminated with Salmonella.

Salmonella is an organism which can cause serious and sometimes fatal infections in young children, frail or elderly people, and others with weakened immune systems. The government fails to inspect 95 percent of food processing plants. Referring to … Read the rest

Protect Your Children from Exposure to Lead Resulting From Home Renovation, Repair, and Painting Activities

Home renovation, repair, and painting activities cause elevated blood lead levels in children no doubt about it. A 1997 analysis conducted by the New York State Department of Health (NYSDOH) indicated that home renovation, repair, and painting (RRP) activities were important sources of lead exposure among children with blood lead levels (BLLs) >20 g/dL in New York state. The Centers for Disease Control and Prevention Morbidity and Mortality Weekly Report dated January 30, 2009 identified RRP activities as being the probable source of lead exposure in 139 (14%) of the 972 children in New York with BLLs of over 20 … Read the rest

Family Member a Victim of Nursing Home Neglect or Abuse? Bush Administration Rule Makes It Harder to Get the Information

With little notice and without a public comment period, a Bush administration change in federal rules on nursing home inspections will have the practical effect of forcing litigants to go to greater lengths, including seeking court orders, to get inspection reports or depositions for cases they are pursuing or defending.

The new rule generally prohibits state health departments and contractors from participating in private lawsuits involving facilities that are in the federal assistance program. The rule accomplishes this by reclassifying state employees who inspect nursing homes for the federal government as federal employees who are not allowed to provide “privileged” … Read the rest

Greener Traffic Management (In Theory)

Congress’ boosting in 2007 of fuel economy standards to 35 miles per gallon by 2020 should not be the only way the government can improve fuel economy, cut greenhouse gases and boost safety.  So contends Joseph D. Younger in an article “5 Ways to Turn Traffic Greener” published in AAA’s Car & Travel magazine.  The article suggests 5 ways that state, local and federal governments can do to make everyday driving environmentally friendlier.

1. Build Os (traffic circles) instead of Xs (intersections) Intersections controlled by stop signs or lights contribute to environmental damage because they force drivers to idle, which … Read the rest

Court Rebuffs Attempt to Dilute New Childrens Products Safety Law

Last year was a record-setter when it came to recalls and warnings about dangerous children’s toys, especially lead paint laden toys imported from China. In response to the much-publicized controversy, Congress strengthened the Consumer Product Safety Act of 1972 (CPSA) to prohibit the sale and distribution of children’s toy or child care articles containing excessive levels of toxic substances beginning on February 10th, 2009.

Almost incredibly, the agency charged with enforcing the CPSA, the General Counsel of the United States Consumer Product Safety Commission (the Commission), actually tried to weaken the enforcement of the law by issuing an … Read the rest