Defectives products are being sold on Amazon by third party vendors and the current Amazon policy is to decline any responsibility for defective merchandise sold by these vendors. Defective products sold on Amazon have lead to serious injuries and deaths. A man who bought a motorcycle helmet that was out of compliance with federal safety standards died after the helmet came off in an accident. Amazon settled the case for $5,000 and refused to accept any responsibility.
In another case, a third party seller sold a defective hover board to a family in Nashville. The defective hover board caught fire and the house burned down while two children jumped out of the window to escape death. In court papers it was proven that Amazon knew that the product was defective but didn’t prevent the third party vendor from selling it. An appeals court ruled that under state product liability law Amazon was not the seller but allowed the plaintiff’s claim of negligence against Amazon to go to trial.
Recent decision indicates Amazon could be held liable for defective products sold by third party vendors
A potentially defective fuel pump in some Toyota and Lexus models manufactured between 2013 and 2018 may cause the vehicle to stop operating. The defect was previously reported in January and 700,000 were recalled at that time. Yesterday the manufacturer announced that it was expanding the recall for the same defect to a total of 1.8 million vehicles. The models recalled are:
- 2013-2015 Model Year Lexus LS 460;
- 2013-2014 Model Year Lexus GS 350;
Booster seats are considered dangerous for children who weigh less than 40 pounds but the manufacturer of the “Big Kid” Booster seat doesn’t care. Despite several lawsuits settled with parents whose child suffered internal decapitation or traumatic brain injuries because the booster seat did not protect them adequately from side impact, the manufacturer continues to pretend its booster seat is safe for children over 30 pounds. The reason for doing so is purely motivated by profit and no regulation in the US is preventing the manufacturer to do so. In Canada where regulations are stricter the same booster seat is deemed safe for children over 40 pounds.
Evenflo executive put profit ahead of safety
A recent investigation by Propublica found that executives at Evenflo were asked several times by one of their safety engineers to stop selling their “Big Kid” booster seats to children who weighted less than 40 pounds. The engineer told executives that by raising the minimum weight to 40 pounds instead of 30 the company would align with the American Academy of Pediatrics’ recommendations and match Canadian regulations. His recommendations were vetoed by a marketing executive.
Hospitals all over the US are cancelling elective and non emergency surgeries as they are facing a shortage of surgical gowns after one of the main providers in the country, Cardinal Health, announced a voluntary recall of 9.1 million defective surgical gowns.
The sterility of the gowns might have been compromised
The recall includes “AAMI Level 3 surgical gowns that have been produced in unapproved locations that did not maintain proper environmental conditions as required by law, were not registered with the U.S. Food and Drug Administration (FDA) and were not qualified by Cardinal Health”. The sterility of these gowns might have been compromised. Level 3 surgical gowns are commonly used in emergency rooms, in trauma cases, when inserting IVs or during arterial blood drawn. They protect hospital workers and patients from infections and illnesses.
12 children died in the US after parents used a bed sleeper. Bed sleepers seem to be a convenient solution for parents who want to be close to their babies at night and especially for mothers during nighttime breastfeeding. However a recent article from Consumer Reports indicates that because there are no federal safety standards regulations for this category of products, they might not be safe. Some of them do feature dangerous features for young babies such as padding and soft surfaces that can lead to suffocation if the baby’s face comes in contact with them. The 12 deaths recorded between 2012 and 2018 were related to the following models:
- The Baby Delight Snuggle Nest Infant Sleeper is responsible for the deaths of 3 children.
- 2 children died while they were sleeping in the The SwaddleMe By Your Side Sleeper
Our NYC Personal Injury Law Firm was named a 2020 Best Law Firm by U.S. News and Best Lawyers for the 10th consecutive year and we would like to congratulate our attorneys and staff for their continuous effort and great work.
Also for the 10th consecutive year, Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf was named
- A Tier 1 Firm for Personal Injury Litigation – Plaintiff in New York City
After a 17 year old boy recently died from vaping in the Bronx, the city of New York announced that it filed a federal lawsuit against 22 online sellers of e-cigarettes who have been caught selling their products to underage clients. These sellers allegedly targeted young people through social media and advertising for flavored e-cigarettes such as “Lemon Twist,” “Freddy’s Pebbles” and “Whipped Salted Caramel”. They also accepted online purchases from teenagers.
According to the lawsuit that was filed yesterday in US District Court in Brooklyn, the defendants sold e-cigarettes to two New York City residents who were younger than 21 year old but older than 18 year old. In order to purchase the e-cigarettes online, the two young New Yorkers created an email address and used prepaid Visa gift cards. Among the 22 sellers who accepted the orders some of them didn’t use age verification services or sold the e-cigarettes despite the buyers indicating that they were younger than 21. The companies then shipped the orders to an address in New York City that was controlled by the New York City Sheriff’s Office. No signature or identification were required.
Last month an emergency ban of flavored e-cigarettes was voted by New York State officials (see previous blog) but last week a New York Court halted the ban one day before it was supposed to take effect after an industry trade group named Vapor Technology Association appealed the decision. The case will now be heard by the Supreme Court in Albany on October 18th. Until that date the ban can’t be applied.