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 Tagged with product liability

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Baja%20Motorsports%20mini-bike1.jpgBaja Motorsports knowingly failed to report immediately defects and an unreasonable risk of serious injury involving 11 models of minibikes and go-carts said the Consumer Product Safety Commission in charges that were resolved by a settlement reached recently between the two parties.

The defective minibikes and go-carts were sold by Baja Inc., and its corporate affiliate, One World Technologies Inc., of Anderson, S.C. in the United States from 2004 to 2010. During that period of time Baja received several reports that people had been injured, including a child who was severely burned, after the gas cap leaked or detached from the fuel tank. Baja also received reports of stuck throttles. The CPSC charged that the the throttle could stick, due to an improperly positioned fuel line and throttle cable, posing a sudden acceleration hazard. The company didn’t file a full report with the CPSC until June 2010.

Read more on the CPSC website

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Two 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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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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1.18 million mid-sized crossovers are being recalled because a defective wiring harness of seat-mounted side airbags may prevent the side airbags from deploying. Another 303,000 full size vans are also being recalled to replace plastic material in the passenger instrument panel to meet federal head-impact crash standards for unbelted passengers and finally 63,9000 XTS models are also recalled because a brake booster pump wiring issue can lead to overheating, melting of plastic parts and a possible engine compartment fire.

Read more in Reuters

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90% of dangerous and defective children products are not being returned or repaired according to a new report by the Children Safety Advocate Group Kids in Danger. Because it takes an average 14 reports of design complaints and two reports of personal injury related to the product for the manufacturer to initiate a recall, some of the products may have been discarded or may not be used anymore by the parents at the date of the recall. However such a high percentage indicates that many dangerous products that have already injured or killed children are still being used by parents that are unaware of the recall. According to the report, in 2012, 584 incidents and 39 personal injuries were reported after a juvenile product was recalled.

These numbers demonstrate that manufacturers and the Consumer Product Safety Commission have to find a way to better communicate recalls to consumers. The report also shows that social media is a very effective way to communicate recalls but is not used enough by manufacturers.

Parents also have to be responsible and fill out the product registration card for all juveniles products so that the manufacturer can automatically reach out to them in case of a product recall or any other safety issue. Unfortunately only 30% of parents fill out the registration card for juvenile products.

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Our partner Anthony Gair was invited by the New York State Bar Association to speak at their seminar LITIGATING THE PRODUCTS LIABILITY CASE: LAW AND PRACTICE in New York City on October 24th.

This is a video from his presentation. If you would like to see the complete program (with different speakers) a live webcast option will be available on Friday November 1st 2013 for the Albany Program. Click here for more info.

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defective%20stent.jpg The defective stents may cause serious personal injury such as complications of bleeding, loss of limb, heart attack (myocardial infarction), stroke, vascular surgery, and/or death if they fail to deploy properly.

The LifeStent Solo Vascular Stent manufactured by Bard Peripheral Vascular is an implantable self-expanding stent and delivery system used to improve the inner open space of a blood vessel in patients who have lesions caused by abnormal narrowing of the affected blood vessel.

Defective products were manufactured and distributed from November 2011 to June 13, 2012 , the defective implants code information can be found on the FDA website

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Our Partner, Anthony Gair will be speaking at LITIGATING THE PRODUCTS LIABILITY CASE: LAW AND PRACTICE NYC seminar presented by the New York State Bar Association. The Chair of the Seminar is Dennis J. Brady, Esq. a Partner at the preeminent New York defense firm, Goldberg Segalla LLP.
The Seminar will be held on Thursday, October 24, 2013 from 9:00 AM – 5:00 PM at The Holiday Inn Manhattan 440 W. 57th Street New York, NY 10019.

Other speakers are:

Brian T. Stapleton, Esq., Goldberg Segalla LLP, White Plains, NY David M. Glazer, Esq., Patterson Belknap, New York, NY Hon. John P. DiBlasi, White Plains, NY Brian Isaac, Esq., Pollack Pollack Isaac & Decicco, New York, NY Ellen H. Greiper, Esq., Goldberg Segalla, LLP John J. McDonough, III, Esq., Cozen O’Connor, New York, NY
To Register click here.

The Agenda for the Seminar is below.
Continue reading →

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Products%20with%20hidden%20drug%20ingredients%20Dr%20Mao.jpgHidden Drugs or Chemicals in dietary supplements or conventional food can cause severe personal injury and sometimes lead to death. According to the FDA, some products promoting sexual enhancement, weight loss, or bodybuilding and advertised as “all natural” may contain dangerous drugs or chemicals that have been previously removed from the market for safety reason.

For example, The FDA announced recently that Sibutramine was found in several weight loss products. These products go by the name of “Dr. Mao Slimming Capsules”, “Be Inspired”, “Perfect Body Solutions” and “Burn 7”, “Bella Vi Insane Amp’d” and “Bella Vi Amp’d Up”

Sibutramine is a controlled substance that was removed from the market in 2010 because it can increase blood pressure and/or pulse rate in some patients. Sibutramine can present a significant risk for patients with a history of coronary artery disease, congestive heart failure, arrhythmias, or stroke. Sibutramine can also interact in life-threatening ways with other medications.

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Red%20and%20Grenn%20Bell%20Peppers.jpgOrange County produce is recalling three lots containing 1,208 cartons of 25 peppers. They were distributed to farmer’s markets and wholesale food service in Southern California between September 21st and 24th. The bell pepper are being recalled after a random sample of OC Produce Bell Peppers tested positive for Salmonella.

Read more in Food Safety News