Articles Posted in Product Liability

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The plaintiffs in the case are Tray Wrap, Inc. The defendants in the case are Pacific Tomato Growers LTD and Florida Fruit and Vegetable Association.

Case History

In this case, the defendant Florida Fruit and Vegetable Association is seeking an order for a summary judgment over the plaintiff in the instant action suit. The defendant declares that a summary judgment is warranted for a number of different reasons.

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The issue is filed on the supreme court for an appeal in the matter whether the infant who was born with birth injuries, has a reason of action against the manufacturers of certain drug which was allegedly ingested by infant’s grandmother while pregnant with infant’s mother and allegedly caused certain physical abnormalities in the mother which caused the physical disabilities with the infant as well. The court answered the issue in the negative and dismissed all reasons of action seeking to recover damages for the infant’s birth injuries.

The complaint asserts that the infant mother was exposed to the said certain drug when inside the uterus with the direction of a physician. A New York Injur Lawyer said it is further alleged that due to the exposure the infant mother developed some anatomical abnormalities and deformities in her reproductive system which subsequently prevented her from carrying a baby to full term. The infant mother consequently gave birth to the complainant infant. It is further alleged that infant was born prematurely due to her mother’s abnormalities developed as a result of exposure to certain drug and that premature birth caused the infant to develop severe disabilities which will affect her for her entire life.

The parents of the infant initiated the action individually and on behalf of the infant against various manufacturers of the alleged drug. The action asserts negligence, strict product liability, breach of warranty and fraud. Damages are sought for physical and emotional injuries sustained by the mother and physical damages, pain and suffering sustained by the infant. The father asserts a derivative reason of action based upon the inability to have a healthy natural child. The complaint also claimed that if it cannot be proven that the accused manufactured the drug ingested by the infant’s grandmother, recovery would be sought on the basis of alternative enterprise and/or market share liability.

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On 16 April 1973 at approximately 3:30 in the afternoon, natural gas which had escaped from a leak and accumulated in the basement of a building (premises liability) and exploded. The explosion and resulting fire killed someone, seriously injured three people, destroyed a building and caused extensive damage to other buildings of the apartment complex and to personal property of several of the tenants.

Four out of a total of 21 lawsuits commenced, are the subject of this appeal: wrongful death action; two personal injury actions; and the property damage.

In the property damage action, a New York Injury Lawyer said the complaint alleged, inter alia, claims based on negligence and strict products liability against the concerns responsible for the manufacture, assembly and installation of the “gas train”, i. e., the various pipes, connections and devices located in the gas equipment room of the building through which the high pressure gas coming from the outside must pass for delivery at a properly reduced low pressure to be used by the tenants in the several garden apartment structures. Of the five defendants in the property damage action, four were manufacturers of components of the gas train – manufacturer of the filters for the removal of dirt and dust from the incoming gas; the manufacturer of the regulator which reduced the high pressure gas to the proper low pressure for use by the tenants; manufacturer of the valve to relieve the excess pressure and the meter to measure the amount of gas used; and, the fabricator and supplier of the gaskets used in the filters. The fifth defendant, purchased the various components and assembled and installed the gas train.

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The wife came to court for his husband’s injuries and death claims allegedly resulting from breach of warranty and strict liability in an injury. The complainant further claims that the single utility vehicle accident was caused by the failure of one of the car’s steel belted radial tires. The complainants admit that the tire company has answered the sixty-eight inquiries they served upon the tire company.

The accused on the other hand assert that the complaint establishes the tire company’s product liability for the man’s death upon theories of negligence, strict injury liability and breach of warranty in connection with the manufacture and sale of the tire. The complaint also alleges that the man’s death was conscious for an undetermined period of time prior to the car accident and that the tire company is liable upon the same theories for his pain and suffering.

The question is whether the complainant is entitled to a deposition of the accused after having served written inquiries upon the tire company. A New York Injury Lawyer said after commencement of an action, any party may serve upon any other party a written inquiry. A party may not serve written inquiries on another party and also demand a bill of particulars nor, in the case of an action to recover damages for an injury to property or an injury resulting from negligence or death and take a deposition without leave of court.

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Stand up comic and television personality Jerry Seinfeld has recently had to see his wife sued on charges of copyright infringement, says a New York Personal Injury Lawyer. Mrs. Seinfeld, who recently published a book entitled, “The Sneaky Chef,” is fighting to keep the case against her from being reinstated.

The book, which is a witty cookbook filled with recipes that are designed to satisfy younger children, is said to have stolen recipes from another book which has very similar recipes. Mrs. Seinfeld’s attorney has defended his client by showcasing the differences between the two books, namely that Mrs. Seinfeld’s book is far more humorous and decidedly lighter fare, whereas the other cookbook is far more serious and is even somewhat lecture prone, making it very different from “The Sneaky Chef.” The style and approach of the two books should outweigh the exact ingredients in a few of the recipes.

The judge hearing the case was making a few jokes of his own, specifically addressing the supposedly innovative nature of some of the recipes. He mentioned that it seemed the idea of making a healthy puree and then hiding it in other recipes may not be so creative after all. No word as of yet as to the outcome of the case, but it appears at present that Mrs. Seinfeld is safe.

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Ohio announced that it would start using pentobarbital for executions. Ohio is not the only state making the switch from using thiopental. Oklahoma is also using the drug for executions, a New York Injury Lawyer reported.

Ohio usually uses 5 grams of thiopental but they will be using 5 grams of pentobarbital instead. The amount is consisted a large doses. They will only need to use a single dose of the drug.

Pentobarbital is often used in assisted suicides and to induce surgical comas. Many vets also use the drug to put an animal to sleep.

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A New York Product Liability Lawyer recently reviewed California Superior Court Case # 30 and revealed that CPAC, a non-profit law clinic, is determined to help both the elderly and the young struggling families who have been affected by bank fraud and are facing homelessness.

“CPAC is trying to accomplish what our government hasn’t. The clinic is fighting a display of alleged bank fraud and lender abuse that was written about in the California Superior Court documents,” he said.

In a recent speech at the Academy Awards, award winner Charles Fergusen said, “Forgive me, I must start by pointing out that three years after our horrific financial crisis caused by massive fraud, not a single financial executive has gone to jail, and that’s wrong.”

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New Yok Injury Lawyers described today how the U.S. Supreme Court was faced with a decision regarding a person’s right to sue a vaccine manufacturer for design defects.

The NCVIA of 1986 was passed to protect and held responsible for patients who incur injuries or side effects from vaccinations due to defects in design or improper administering of the vaccine. It was enacted to create a no-fault compensation program in exchange for the tort system for resolving vaccine injury claims and suits.

In 1995, a family tried to file a claim regarding their daughter, who allegedly became disabled after her vaccination. After filing their initial claim, they were denied compensation so the case was removed to the U.S. Court of Appeals. The case was still denied and sighted the NCVIA as the reason.

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A study confirmed that changes had to be made to morphine labels due to errors. The FDA along with the manufacturers of the morphine solution gave a warning to medical professionals of the possibility that it can cause health issues if taken in excess. Therefore, they have changed their label to reflect this and to limit the risks of injurythat would affect patients.

According to a person close to the scene, there were some severe illness and deaths that occurred due to this morphine overdose accident. In a few cases, the morphine solutions were purchased in milligrams instead of milliliters and this is certainly a huge error. It means that doctors would issue more than what the patient can ingest comfortably.

Before the labels were changed, the manufacturers had put the morphine solution on the market; expressing the strength as twenty milligram/milliliter. The container that this solution was packaged in had a white background and brown lettering, which means it was hard to see.
A source indicated that since the label has been approved and changed, it has definitely reduced the risk for mistakes to happen. On the containing, the manufacturer has placed a warning that is easily visible. The label is specific to warn that only patients who have a tolerance to opoid should consume this product. Now the container has a white background with red lettering, which makes it highly visible. Pharmacists are given a reminder to provide a medical prescription guide about the dosage. Injury because of product liability in Nassau and Suffolk Counties are handled by people who know how to deal with these things.
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The National Commission of deepwater Horizon reported to a commission that BP was to be blamed for its mismanagement that resulted in the oil spill and blow out. Some industry leaders think that this will be very hard to prove and BP might get away without having to pay any liabilities. In fact, the day after the report came out, BP stocks went up instead of going down as some would normally think could happen.

Other officials told the source that there were also some regulatory issues in the government that also caused this problem to take place. There were many mistakes made causing personal injury, risks factors that were not taken into account beforehand as well as oversights that occurred.
“BP’s drilling process was not in line with the appropriate regulations and the company did not wait for the results to a very important test before putting cement in the well,” said one government official to a colleague.

The government is also chastised for being bamboozled by the industry that it failed to pay attention to the discrepancies that took place. No one knows better than the people who suffered the effects of the injuries of this catastrophic disaster.

National disasters affect so many people and it is not something that anyone wants to go through. Of course, BP wants to blame the government and the government wants to blame BP. No one wants to take responsibility for what happened and fixing the problem is going to be a huge issue. It will cost the taxpayers in Brooklyn and Long Island so much money in the end.
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