Product Liability Law Blog

Contrary to common belief, even if a customer signs a document releasing operators, manufacturers, franchisers, and owners from liability, he/she may still be able to file a Colorado products liability lawsuit against a negligent manufacturer for personal injuries that were caused by a defective product. The Colorado Supreme Court handed down this decision earlier this month in Boles v. Sun Ergoline, Inc.

The plaintiff, Savannah Boles, was seriously injured when she came into contact with a tanning booth's exhaust fan. Doctors had to partially amputate her fingers.

Prior to using the booth, Boles had signed a form releasing certain parties from liability in the event that any damage occurred from using the tanning bed. However, after she was injured she sued the tanning bed manufacturer, claiming that the product was unreasonably dangerous and defective.

A trial judge granted summary judgment favoring Sun Ergoline, Inc. because Boles had signed the release. Later, the Colorado Court of Appeals let the judgment stand.

However, the Colorado Supreme Court ruled otherwise and noted that while a release form can grant release from simple negligence claims (usually, a product is not involved), when the condition of the product (and not the manufacturer’s behavior) is central to causing the injury, then the release form violates the state’s public policy and becomes void.

Colorado Products Liability
Product manufacturers owe customers a duty of care to make products that will not injure or kill you. If you or someone you love was seriously injured by a defective product, it is important that you know that you did not necessarily sign away your right to sue for negligence because you signed a release form.

You have two years from the date of injury to file a Colorado products liability complaint. Breach of warranty, negligence, and strict liability are three kinds of products liability cases. Design defects, manufacturing defects, marketing defects, failure to warn, and inadequate instructions are some reasons why an injured party may opt to sue a manufacturer for damages.

Read the February 8 Decision, Colorado Bar Association

Related Web Resources:
Megalaw.com

Products Liability, Justia

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Posted In: Colorado , Electrical Product Defects , States

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According to international cancer experts, tanning beds can cause cancer. Analysis of some 20 studies have found that people who start using tanning beds before they turn 30 see a 75% increase in their chances of getting skin cancer. The new findings by the World Health Organization can be found in Lancet Oncology, a medical journal.

Whereas before scientists had spoken about tanning beds as “probable carcinogens" and that only one kind of ultraviolet radiation was considered lethal (tanning bed supporters have long maintained that the beds use a different kind of ultraviolet light than the light that comes from the sun), experts are now saying that all kinds of ultraviolet radiation are carcinogenic. This confirms that ultraviolet radiation and tanning beds definitely can cause cancer.

Most tanning beds’ lights emit ultra violet radiation that can lead to eye cancer and skin cancer. Tanning beds increase the risk of a person developing melanoma by 20% and also can cause benign skin cancers. Melanoma is the most serious kind of skin cancer and can prove fatal if not treated as quickly as possible.

Doctors are now confirming that as more people under 30 use tanning beds, more young adults are being diagnosed with cancer.

This new information is disturbing, considering that in the US alone over 28 million Americans a year go to about 25,000 tanning salons and other businesses where they can get their tans while indoors. The motivation has been that using a tanning bed is safer than getting a tan while baking under the sun.

If you are suffering from cancer because you used a tanning bed, you may have grounds for filing a products liability lawsuit against the manufacturer of the tanning bed. Tanning beds can also cause other injuries, including corneal burns, retinal damage, and sunburns, as well as lead to wrinkles and premature aging.

It is the responsibility of the tanning bed manufacturer to make sure that their products do not cause personal injuries.

Beware the risks of tanning beds, Miami Herald, August 5, 2009

Study: Tanning beds definitely cause cancer, AP, July 29, 2009

Related Web Resources:
World Health Organization

The Dangers of Tanning Beds: Five Fast Facts, My Skincare Connection

Melanoma, The Skin Cancer Foundation

Lancet Oncology

Continue reading "Do Tanning Beds Cause Cancer? " »

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Posted In: Burn , Electrical Product Defects , Furniture and Accessories

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In the last four days, the Consumer Product Safety Commission has announced the recalls of four products due to concerns that they could pose an electrical or fire hazard to users. Products that are part of the recalls include:

Approximately 13,000 Ritchie immersion heaters: The reason for the recall is that there is a possibility the heater could crack, exposing the heating element in the heater to water. If this happens, someone who comes in contact with the heater could experience electric shock. To date, there have been 44 reports of heater covers cracking. Fortunately, no one has been injured so far. With the cold weather expected to last in many parts of the United States for at least several more weeks, however, now is a good time to return these heaters and get them replaced.

Holiday Ultra-Brite Lights distributed by Universal Distribution Center: Some 52,000 products are part of this recall. A defect involving undersized wires could cause the light sockets to become exposed if the wires separate from the plugs. The CPSC is concerned that this product may pose a fire or electric shock hazard to users.

All-Clad 4-Square Belgian Waffle Makers, distributed by All-Clad Metalcrafters LLC: The waffle maker’s wiring is easily damaged and could pose a shock or fire hazard if someone were to come in contact with the waffle maker’s metal parts. Already there have been 20 reports of the waffle makers giving out sparks. No injuries have been reported so far. These waffles are sold only through Williams-Sonoma.

Approximately 430 Tealight Candleholders, which are sold at Seventh Avenue and distributed by Berkeley Designs: The CPSC says the resin accents on the candleholder’s sides could ignite and cause a fire. While no injuries have been reported, there is one report of a candleholder catching fire.

Defective Household Products
While household products and furniture items may seem like useful and generally harmless items to have in your home and around your children, there are those products that are defectively made or end up malfunctioning that could pose a serious physical threat or health risk to you and your family. Dangerous electrical appliances, such as defective microwaves, washing machines, stereos, coffee makers, dishwashers, heaters, refrigerators, and other products that require the use of electricity can turn into dangerous products that leave you vulnerable to electrocution injuries, electrical burns, burn injuries, or death. A small fire caused by a defective electrical appliance or another item requiring the use of flames could rapidly turn into a devastating blaze that could destroy not just your home but the lives of those you love.

The manufacturers of household products and other consumer goods must be held accountable if a defective or malfunctioning product causes an injury or death. Filing a products liability lawsuit is one way to hold the negligent party liable.

Ritchie Immersion Heaters Recalled By Springfield Wire Due to Shock Hazard, CPSC, March 4, 2009

Holiday Lights Recalled by Universal Distribution Center Due to Shock and Fire Hazard, CPSC, March 4, 2009

All-Clad Recalls 4-Square Belgian Waffle Makers Due to Shock Hazard; Sold Exclusively at Williams-Sonoma, CPSC, March 4, 2009

Seventh Avenue Recalls Tealight Candleholders Due to Fire Hazard, CPSC, March 3, 2009

Related Web Resources:
Protect yourself and your home from electrical hazards

Electrical Safety, CDC

Burn Survivor Resource Center

Continue reading "Burn and Electrocution Injuries Are Reasons for Latest CPSC Recalls of Heaters, Holiday Lights, Waffle Makers, and Tealight Candleholders" »

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Posted In: Burn Injuries , Electrical Product Defects , Furniture and Accessories , Household Appliances

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The US Consumer Product Safety Commission and Hewlett-Packard, Dell, and Toshiba are working together to recall some 35,000 lithium-ion batteries used in the companies’ notebook computers because of concerns that the batteries could overheat and catch fire. The batteries are made by Sony Energy Devices Corporation. An additional 65,000 Sony batteries outside the United States are also part of the Sony recall.

In the United States, the batteries were sold separately, as well as included with certain Dell, Hewlett-Packard, and Toshiba notebooks. Details about which laptops are affected by the battery recall, as well as the model numbers of the recalled batteries can be found on the CPSC Web site.

In the United States, there have been at least 19 reports of incidents involving the notebook batteries overheating. 17 of the incidents involved batteries that caught fire, resulting in two consumers sustaining minor burn injuries and 10 incidents of property damages.

Outside the US, Sony has received at least 40 reports of battery malfunctions. Property was damaged in 21 of the incidents, while four incidents involved consumers who sustained minor burn injuries. Sony says all of the defects related to this latest battery recall are a result of a production line adjustment. The modifications, geared towards greater efficiency, resulted in the manufacture of these defective batteries.

In 2006, Sony announced a worldwide recall of 9.6 million laptop batteries that were used in computers made by Toshiba, Dell, Lenovo Group Ltd, and Apple Inc. Sony says the defective batteries from the 2006 recall were also made by Sony Energy Devices Corporation.

In September 2008, Sony recalled approximately 73,000 VAIO TZ-series Notebook Computers because of worries that irregularly positioned wires close to the computer’s hinge could result in a short circuit that could cause the laptop to overheat, putting users at risk of sustaining burn injuries.

Injuries Caused by Overheating Laptops
Laptops are at risk of overheating because they require rechargeable batteries that do heat up. In the event that a battery defect or a laptop malfunction causes the computer to get too hot, people can suffer serious burn injuries—especially if the computer catches fire.

Sony Recalls More Laptop Batteries, WSJ Online.com, November 1, 2008

PC Notebook Computer Batteries Recalled Due to Fire and Burn Hazard, CPSC.gov, October 30, 2008

Related Web Resources:

Laptop Overheating? Some Useful Hints to Prevent It, Associated Content

Sony Recalls Notebook Computer Batteries Due to Previous Fires, CPSC.gov, October 23, 2006

Continue reading "CPSC, Hewlett-Packard, Dell, and Toshiba Work Announce Recall of 35,000 PC Laptop Batteries Made by Sony Because of Burn and Fire Hazard" »

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Posted In: Burn Injuries , Electrical Product Defects

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On April 24, The U.S. Consumer Product Safety Commission and Waxcessories® Inc. announced the voluntary recall of 830,000 electric simmer pots. There have been over 160 reports of wires and cords coming loose from the pots, and Waxcessories® and the CPSC were concerned of the electric shock and fire hazards that the simmer pots might pose to users.

No injuries have been reported so far. The simmer pots are used for melting scented wax and were made in China. All Waxcessories® electric simmer pot designs and styles are included in the recall.

Across the United States, our product safety law firm represents clients that have been seriously injured because of defective products. One of our electrical product defects lawyers can discuss your products liability case with you during your free consultation.

Electrocution Injuries
Defective products can lead to all kinds of serious injuries, including burn injuries and electrocution injuries. A person can sustain an electric shock injury when he or she comes into direct physical contact with an electrical current or an electrical source.

A person may experience electric shock from a defective hair dryer, heater, household appliance, an electrical work tool, or any other product requiring the use of electricity. Improperly installed power lines in homes and offices and other public premises can also lead to serious—even fatal—electric shock injuries.

The strength of the current and the parts of the body that are affected by electric shock can determine the seriousness of the injury.

Symptoms of electrical shock are not always evident, but serious injuries can include cardiac arrest, burn injuries to the skin, nerve or muscle damage, respiratory failure, hearing problems, seizures, deformity or broken bones at the point of contact on the body, spinal cord injuries, and unconsciousness after direct contact with an electrical source.

Related Web Resources:

Waxcessories® Recalls Electric Simmer Pots Due to Risk of Fire and Shock, CPSC.gov, April 24, 2008

Waxcessories

Continue reading "830,000 Waxcessories Electric Simmer Pots Recalled Because Loose Wire Connections May Cause Electric Shock" »

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Posted In: Electrical Product Defects , Electrocution/Electric Shock

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