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Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf is a New York Plaintiff's personal injury law firm specializing in automobile accidents, construction accidents, medical malpractice, products liability, police misconduct and all types of New York personal injury litigation.

Articles Posted in Product Liability

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Gair-Gair_Tony-Gair_02Our partner Anthony Gair has carved out a reputation as one of the best product liability lawyers in NYC.  Yesterday he talked to CNBC journalist Lauren Thomas about the refusal by Peloton to comply with the Consumer Product Safety Commission and recall its high-end treadmill Tread+. 

Multiple children  and a pet have been injured and recently a child died in a Peloton Tread+ treadmill accidents but Peloton has been very reluctant to cooperate with the federal safety agency. The company is fighting a request to recall the dangerous product and refuses to provide the name of the child who recently died after getting stuck under the high end Peloton treadmill.

“The CPSC must have reason to believe that the treadmill wasn’t designed appropriately” said Anthony Gair.  According to him, Peloton might not have done a hazard analysis before launching the product or if they did, he questions if they knew about the danger and ignored it.

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Paraquat is a dangerous herbicideMultiple personal injury and product liability lawsuits have recently been filed against Syngenta, a Swiss company manufacturing the weed-killer Paraquat.

According to the lawsuits, the manufacturer omitted to mention to its customers the risk of Parkinson’s disease caused by exposure to Paraquat despite knowing about it.  Syngeta was aware that exposure to its weed-killer Paraquat increased the likelihood of getting Parkinson’s disease by two to five times but concealed it to its customers according to the lawsuits.

All plaintiffs contracted Parkinson’s disease after being exposed to Paraquat

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headquarter of HyundaiOwners of selected models of Hyundai Genesis cars as well as other electric models have been warned by Hyundai that their cars were at risk of catching fire and should be parked away from home and other structures or flammable material until they repair their vehicles.

Models of Hyundai Genesis sold in 2015 and 2016, Hyundai Genesis G80 sold between 2017 and 2020 and Hyundai Genesis G70 sold between 2019 and 2021 might have defective anti-lock brake system modules that could malfunction internally and cause an electrical short resulting in engine compartment fire while driving or during parking. Owners of these vehicles must get them repaired and make sure to park them away from their home or other structures that might catch fire until repairs are done.

Hyundai also issued another recall for fire on some of its electrical vehicles. Some 2019-2020 Hyundai Kona Electric and 2020 Hyundai Ioniq Electric vehicles might have defective battery cells causing internal electric shorts that can result in a fire while driving, parking or charging the battery. The owners of these vehicles have also been asked by Hyundai to park their vehicle away from anything that could catch fire until the defect is repaired.  Hyundai is facing similar problems in Korea and vehicle owners are not happy about the manner Hyundai has been handling the repair according to a recent article in Reuters .

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Some hand sanitizers can be dangerous for consumers  as they contain a high level of benzene, a carcinogen which can be absorbed by the skin and cause leukemia and other blood cells cancers.  These products are particularly harmful to children. Valisure, an independent lab, recently tested 260 hand sanitizers and found that 44 among them contained benzene and among these 44, 21 contained a level of benzene that was above the 2 parts per million (ppm) allowed in liquid sanitizers by the FDA. These products are especially dangerous to children.

The Top 5 most dangerous hand sanitizers were:

dangerous hand sanitizer1. Artnaturals hand sanitizer,  SCENT FREE NATURAL ELEMENTS + CLEANSING FORMULA 8 fl oz (236 ml), produced in China and distributed by artnaturals ® ,Gardena, CA 90248

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treadmill can be dangerousThe company Peloton just announced that a child died in an accident that involves one of their “Tread+” treadmills and issued a safety warning asking Peloton users to keep children under 16 year old and pets away from their equipment.  Peloton and other at home gym equipment companies have seen their sales rocketing over the last year with more and more consumers preferring working out at home instead of at the gym during the covid19 crisis.

While the Peloton CEO did not release the circumstances of the accident citing family privacy,  earlier this year, in February, another child sustained serious brain injury after he was trapped under a Peloton Tread+ Machine. According to an incident report filed with the US Consumer Product Safety Commission, a 3 year old boy was found by his dad  under the Treadmill, not breathing and pulseless. The boy had tread marks on his back matching the machine as well as neck and face injuries. He was resuscitated but sustained serious brain injuries.  In the below video (at 0.51 seconds) a mom  shows how easily a medicine ball gets stuck under the treadmill as she is working out. The USCPSC has now started an investigation related to the accident that lead to the death of a child.

Treadmills can be dangerous

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rhino-pillRhino Pills and other herbal sex supplements for men often contain hidden ingredients that have caused injuries and even, in rare cases death to consumers.  These types of supplements can still be found at many gas stations around the country, at Walmart and on Amazon despite multiple FDA warnings and  the original manufacturer of the Rhino pill being sentenced yesterday to 4 years in prison.

Nam Hyun Lee, an illegal immigrant from South Korea based in California got into the business of selling sex herbal supplements in 2015.  His marketing was convincing with flashy Rhino labels and consumers quickly noticed that the supplements were actually working. Lee illegally  spiked his herbal supplements with Sildenafil or Tadalafil, the drugs used in Viagra and Cialis. The drugs were illegally imported from China, packaged at warehouses in Southern California and shipped all over the country. Lee was caught when one of the drug packages sent under the description “acrylic paint” was seized by custom agents and tested positive for Sildenafil.  He was arrested in 2018 and has been in federal custody since that date. It is estimated he sold between $3 million and $9 million of sex supplements.

While Lee has been convicted, other unscrupulous competitors quickly took over the market and continue to sell the Rhino brand name or other variations of sex herbal supplements.  Gas stations, Walmart and Amazon still sell them despite multiple FDA warnings.

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bABYSeveral negligent baby food manufacturers are being investigated by the US government after dangerous levels of toxic metals such as arsenic, lead, mercury and and cadmium were found in their products. These products are:

  • HappyBaby by Nurture
  • Beech-Nut
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Best Law Firms - Standard BadgeFor the 11th consecutive year, our New York Personal Injury Law Firm was named a Best Law Firm 2021 by U.S. News – Best Lawyers®. The firm was also named

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small rare earth magnetsA few months ago, a 9 year old girl was rushed to a New York ER after she swallowed dangerous high-powered tiny magnets that got stuck in her stomach. Doctors had to effectuate an emergency endoscopy on the little girl to remove the magnets.  In another case, a Long Island doctor had to remove tiny magnets that ended up on each side of the lingual frenum, the fleshy part of tissues under the tongue, of a patient. The patient had to be sedated so the doctor could pull the whole tongue out to remove the magnets. Doctors are also seeing multiple cases of children having their ears, noses and genitalia  pinched by the magnets. Cases of young children swallowing the magnets and suffering major injuries such as perforated intestines and bowels after they got stuck in their internal organs are also on the rise.

The small rare-earth magnets were recalled and banned from the American market by the US Consumer Safety Commission in 2012. However, Zen, a magnet manufacturer based in  Denver fought back and engaged in a legal marathon with  the CPSC that has so far allowed the tiny magnets to stay on the market.

In a recent study published in the Journal of Pediatric Gastroenterology and Nutrition and entitled “Magnet Ingestions in Children Presenting to Emergency Departments in the United States

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16 people were injured after a defective pedal on their peloton bike broke. Five of them required medical care such as stiches in their lower leg.  Peloton Interactive, Inc. a New York based company, received so far 120 complaints of defective pedal and announced on October 15 that it was recalling the PR70P Clip-In Pedals fitted on Peloton bikes  which were sold between July 2013 and May 2016. The potentially defective pedal has a orange logo and the name Peloton is printed in white letters next to it.  It was manufactured in Taiwan. While Peloton recommend consumers change their pedals every year, consumers who bought the PR70P Clip-In Pedals are being notified directly by the company that will let them know how they can receive free pedals with accompanying instructions on how to install them.

5,700 defective Extension Cord Splitters sold by Homerygardens at Walmart and Amazon.com recalled the same day