Product Liability

Published on: April 13, 2016

Confidential settlements in product liability lawsuits increase the chance of more people getting injured or dying

Most product liability lawsuits against manufacturers never go to trial. For obvious reasons, companies don’t want regulators or the public to know that some of their products have injured or killed someone. Therefore they will often reach a confidential settlement agreement with the injured plaintiff or Estate. In this secret pact the plaintiff usually agrees to keep the lawsuit secret as part of the settlement agreement. Such settlements may be perceived as a win win situation for both parties as the plaintiff is being compensated for his loss and avoiding a costly trial while the manufacturers can deal with the defective product internally, avoiding expensive recalls and other profit killing consequences. However concealing important information about dangerous products may put the public at risk of an accident with more people being injured or killed. Some manufacturers simply put profit ahead of safety and find it cheaper just to pay for a lawsuit rather than correct a defective product. This type of reasoning is especially true with the automobile industry and the National Highway Traffic Safety Administration recently published a notice entitled “Recommended Best Practices for Protective Orders and Settlement Agreements in Civil Litigation” to try to fight this very disturbing problem. In a recent article in Fair Warning, Ben Kelley a board member of the Center for Auto Safety, and author of “Death By Rental Car: How the Houck Case Changed The Law,” comments on the vicious consequences of such contracts. However many manufactures refuse to settle absent such an agreement. An attorneys first obligation is to the client. In very strong liability cases it is often possible to successfully refuse to include a confidentiality clause. If the defendant refuses to settle and the offer is a good one the plaintiff’s attorney should , obviously, only proceed to trial with the client’s consent. In our experience in such cases the manufacturer will often back down.

Read the complete article here

Published on: March 19, 2016

Bumble Bee and Chicken of the Sea tuna cans recalled as some potentially contaminated products could lead to life-threatening illnesses

By GGCRBHS&M

Defective sterilization process may have caused contamination in some Bumble Bee and Chicken of the Sea tuna cans. Contaminated products may potentially cause life threatening illnesses. According to CNN, the quality and compliance team discovered a malfunction OF a machinery part during the sterilization process during a routine inspection in a Georgia production plant in which both brands were manufacturing their products. The malfunction may have caused some products to be not fully cooked.

The recall affects 31,579 cases of Bumble Bee canned tuna with UPC codes codes 8660000020, 8660000021 and 8660000736 sold nationally in February 2016. The recalls also affects 2,745 cases of Chicken of the Sea brand with UPC codes are 0 4800000195 5 and 0 4800000245 7 and produced last February and March.

Published on: January 13, 2016

Defective hoverboard catches fire in Staten Island, NYC

By GGCRBHS&M

Another defective hoverboard burst into flames creating a fire in a New York City home last week. According to the FDNY this is the third recent case of a hoverboard fire in the city. Lorraine White from Staten Island paid more than $400 for a Swagway hoverboard for her son last Christmas. She knew about the risk of fire. Therefore she avoided buying a cheap knockoff and paid over $400 for a popular “Swagway” model thinking that it would be safer. It wasn’t the case. One evening, the hoverboard started to smoke in her son’s room and then burst into flames destroying part of the bedroom. Thankfully nobody was injured. (read more in the silive)

Another boy from Staten Island suffered personal injury after he tried to clean his hoverboard during a vacation in the Poconos. 11 year old Brandon Miller was hospitalized after the middle finger of his left hand became stuck between the wheel and the base. According to the mother the device started rotating unexpectedly and sucked the boy’s finger in. The boy may risk loosing his finger due to infection and may have permanent burn scares.

Previoulsy the FDNY was also called to stop a fire caused by a defective product in Brooklyn. (see NY Daily News)

Continue reading →

Published on: December 7, 2015

Our managing partner Ben Rubinowitz was recently named New York City “Lawyer of the Year” for product liability litigation – plaintiffs 2016

By GGCRBHS&M

Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf is proud to announce that their managing partner New York Product Liability Lawyer Ben Rubinowitz was recently named New York City “Lawyer of the Year” for product liability litigation – plaintiffs 2016. “There is no substitute for hard work,” says Rubinowitz who explained that he “feels fortunate to work with such an outstanding group of lawyers.” When asked about his success, Rubinowitz shared credit for the results with the attorneys in his firm. “Every one of our lawyers knows that hard work and preparation are the keys to success. There are no shortcuts in this business. Our clients come to us in a time of great need. Many have suffered through life changing events, many have lost family members and many feel that their life has been ruined.” It is against this backdrop that Rubinowitz and the lawyers at his firm go to work. “We approach every case with the same level of scrutiny. Our goal is to obtain justice for our clients. I know of no other firm that puts in the effort that we do.”

Read the complete article in Best Lawyers

Published on: December 7, 2015

As many as 88% of hoverboards on the market may be defective products that have a high risk of overheating, exploding or catching fire

By GGCRBHS&M

Cases of defective hoverboards busting into flames or exploding all over the world have prompted the National Fire Marshall Organization to issue a warning about the safety risks related to these fashionable products. A similar warning was also issued by the UK’s National Trading Standard after 88% of the products they tested posed a risk of catching fire. In New York, these self balanced scooters have been declared illegal and users risk a fine of $200 if they are caught by the police riding them.

Because hoverboards are in high demand this holiday season, negligent manufacturers have been flooding the market with shoddy versions of the toy that have a high risk of catching fire. Explosions often happen during charging time and are caused by defective lithium batteries but cases of hoverboards catching fire during rides have also been reported. In Louisiana an exploding hoverboard led to a fire that completely destroyed a house (see video below).

1.3 million bicycles of various brands and sold by 13 different companies in the US are being recalled because of a crash hazard due to a defective front wheel quick release mechanism

By GGCRBHS&M

Defective front disk brakes and quick-release levers installed on 1.3 million bicycles in the US may pose a risk of injury to bicycle riders. An open quick release lever on the bicycle’s front wheel hub can come into contact with the front disc brake rotor causing the front wheel to come to a sudden stop or separate from the bicycle. Therefore the following companies are recalling some models from the following brands:

If your bicycle is from one of these brands, the video below can help you determine if your bicycle is affected and if so what to do about it.

Published on: October 14, 2015

After a less than 1% response rate to an initial recall and a fourth death by entrapement, the US Consumer Product Safety Commission and Bed Handles Inc are re-anouncing the recall of defective portable bed handles

By GGCRBHS&M

The company Bed Handles Inc is re-announcing the recall of 3 models of their portable bed handles because they are defective and have caused the death of 4 people. These products are: Bedside Assistant, Model BA10W, Travel Handles Use, Model BA11W, Adjustable Bed Handle, Model AJ1.

When attached to an adult bed without the use of safety retention straps, the handles can shift out of place, creating a dangerous gap between the handles and the side of the mattress, posing a risk of entrapment, strangulation and death.

Recently a 90 year old woman died in a nursing home after being entrapped in the gap between the mattress and the defective bed handle. Before her three other women died in similar conditions.

Continue reading →

Published on: October 7, 2015

Companies are spending more on Product Liability Litigation

By GGCRBHS&M

Product liability litigation is one of the only areas of litigation that companies spent more on in 2015.

A recent article in Law 360 provides an overview of the BTI Litigation Outlook 2016 report by BTI Consulting Group and indicates that companies have been spending more on product liability litigation in 2015 and will most probably continue to do so in 2016.

This increase in product liability litigation is mostly related to regulation on food safety such as food labeling and the use of genetically modified ingredients.

Published on: August 18, 2015

Ben Rubinowitz was named the Best Lawyers® 2016 Product Liability Litigation – Plaintiffs “Lawyer of the Year” in New York City

By GGCRBHS&M

Congratulations to our managing partner Ben Rubinowitz for being recognized by Best Lawyers^® as the 2016 Product Liability Litigation – Plaintiffs “Lawyer of the Year” in New York City.

This is in recognition of his history of helping people injured by the negligence and carelessness of others.

Throughout his career, New York Product Liability Lawyer Ben Rubinowitz has made his mark as a leading trial lawyer combining hard work and dedication with his remarkable courtroom skills and presence. In 2013 Ben was voted ” Best Lawyers, Personal Injury Litigation-Plaintiff’s ‘Lawyer of the Year’ New York City Area.” Mr. Rubinowitz began his career as a prosecutor, where he honed the trial skills that would become his hallmark. From there, he began serving as a trial lawyer representing severely injured plaintiffs in personal injury cases, eventually joining Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf in 1989. For the past 13 years Mr. Rubinowitz was featured in New York Magazines’ article on “Best Lawyers in New York” and was one of ten GGCSMB&R attorneys who were listed in “The Best Lawyers in America”. For the past 9 years Ben has been recognized in the New York Times as one of the “Top 100” lawyers in the New York Metro area, as evaluated by New York Super Lawyers. Ben was honored by being elected to be a member of the prestigious Inner Circle of Advocates. The Inner Circle of Advocates is limited to 100 members considered among the best plaintiffs attorneys in the United States and also to be “lawyers of excellent character and integrity.”

Published on: July 18, 2015

After Takata, ARC Automotive is is the second company to be investigated by US Safety regulators for defective airbags

By GGCRBHS&M

The National Highway Traffic Safety Administration (NHTSA) just announced that they were probing another company for defective airbags. According to the document posted on the NHTSA website, ARC Automotive is being investigated for airbag inflator rupture following two reports of incidents during which two people were injured. A first incident of airbag inflator rupture was reported in 2009 but was considered an isolated case. However after KIA reported, this year, a product liability lawsuit for another airbag rupture from the same manufacturer, the US Safety regulators decided to probe ARC Automotive, Inc. The ARC probe will cover airbags in about 420,000 Fiat Chrysler Town and Country minivans from model year 2002, and 70,000 Kia Optima midsize sedans from model year 2004. Read more on the CNBC website