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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Dangerous%20Bean%20Bag.jpgTwo children died after they opened the zippers of an Ace Bayou bean bag chair , crawled inside the chair’s foam bed and got trapped. They suffocated from the lack of air and inhaled the foam beads.
The voluntary standard requires non-refillable bean bag chairs to have closed and permanently disabled zippers. The Ace Bayou Bean Bag Chairs don’t comply with this standard. The recalled products have two zippers, one on the exterior cover and one underneath on the bean bag itself. Both can be easily opened by children who can then crawl inside and get trapped.

The recalled products were manufactured in China and come in various shape colors and sizes. For more information click here

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StarNetworkMagnicubesLARGE.jpgAs part of a settlement of an administrative case based on product defect filed by the U.S. Consumer Product Safety Commission (CPSC) in December 2012, the company Star Networks USA announced a voluntary recall of all Magnicubes Spheres sets and Magnicube Cubes sets. These sets contains high power rare earth magnets that create a substantial injury hazard. The CPSC received numerous reports describing teenagers or children who died or suffered serious personal injury requiring surgery after ingesting the small magnets.

To read more about this recall click here

To read more about product liability click here

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Impact%20on%20GM.jpgFor over a decade, GM knowingly kept 2.6 million defective cars on the road killing and injuring an untold numbers of road users. From the civil lawsuit brought by personal injury lawyer Lance Cooper who discovered that GM hid information about the defective ignition switch to the multiple recalls of 2014, Impact Magazine, the quarterly issue from the Center for Justice and Democracy focuses on General Motors’ product liability. The magazine looks at the history of the recalls as well as the bankruptcy shield, the issues with used and rented cars and also questions the NHTSA stand.
Download the complete issue of Impact here

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General%20Motor.jpgThe potentially defective cars are recalled mostly because they may have ignition defects that lead to inadvertent key rotation. The models recalled are models of the Cadillac CTS and SRX, and the Chevrolet Malibu, Monte Carlo and Impala, as well as the Oldsmobile Intrigue and Alero, and Pontiac Grand Am and Grand Prix. The model years range from 1997 to 2014. The trading of GM shares was temporarily suspended during the announcement.

Read more in the New York Times

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A labeling error in the packaging of Advocate Redi-Code+ BMB-BA006A blood glucose test strips may cause confusion about which meter models the strips are designed to be used with. As shown in the picture below the manufacturer omitted to write the name of the meter model (BMB-BA006A) with which the strips have to be used.

Blood%20Glucose%20test%20strips.jpgThe confusing labelling may lead customers to believe they can use these test strips with the Advocate Redi-Code blood glucose meters, model numbers TD-3223E, TD-4223E, TD-4223F, TD-4276 manufactured by Taidoc Technology Corp which could result in incorrect glucose results.

Incorrect glucose results may lead customers to choose inappropriate treatment which could ultimately result in serious personal injury or death.

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Sunlamp products and UV lamps pose a risk of skin cancer especially among young people below 18 years old and people with a history of skin cancer in their family. To address this risk the FDA recently reclassified all sunlamp products from low risk to moderate risk. Additionally, the FDA now requires that sunlamp products carry a visible black-box warning on the device that explicitly states that the sunlamp product should not be used on persons under the age of 18 years. Some marketing materials also have to include specific warnings.

Read the FDA press release

Picture: Courtesy of Wikipedia

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The Metropolitan Transportation Authority announced that the subway accident during which the F train derailed was not due to a defective batch of rails. MTA spokesman, Adam Lisberg, said that the agency had tested 70 rails that came from the same batch and none of them were defective. The MTA is expected to receive additional results of tests conducted on the rail that snapped. The area where the derailment happened had previously been identified by the MTA as having a high concentration of rail breaks and the agency had plans to address the issue.

Read more in the NY Daily News

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Yesterday General Motors announced four additional recalls to address the following safety issues:

  • A defective front safety lap belt in 1,339,355 Buick Enclave, Chevrolet Traverse, GMC Acadia medium crossovers from the 2009-2014 model years and Saturn Outlooks from 2009-201
  • A defective shift cable in 1,074,932 of the previous generation 4-speed automatic transmission Chevrolet Malibu from the 2004-2008 model years and Pontiac G6 from the 2005-2008 model years
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GM.jpgThe defective ignition switch in some GM cars was a widely known issue among GM engineers and executives in 2012 and long before that General Motors had received multiple warning about the defect said David Friedman, the acting administrator of the National Traffic Safety Administration of the Transportation Department Today in a joint news conference with Transportation Secretary Anthony Fox. As part of the settlement GM agreed to pay a record $35 million civil penalty and to take part in unprecedented oversight requirements.

Read more in the New York Time

Read the press release from the US Department of Transportation

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Buckyball.jpgIn a previous product liability blog we discussed the unusual use of the “responsible corporate officer” doctrine (Park doctrine) by the CPSC in the Buckyballs recall. Last Monday The CPSC announced that they had reached a settlement agreement with Craig Zucker from Brooklyn, NY, to recall the small Buckyballs and Buckycubes. The settlement calls for Craig Zucker to fund a Recall Trust that will be controlled by the CPSC. The Recall Trust will be used to provide a refund to consumers who return the magnetic sets.

Buckyballs are made of rare-earth magnets. They are described as toys for adults but they pose a swallowing hazard for children and teens. If a child swallows more than one magnet, the powerful balls can pull together inside his or her digestive system, potentially causing internal injuries that the CPSC has described as similar to “a gun shot wound to the gut with no sign of entry or exit.”

Read more in the Huffington Post