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Products Liability

Monday, February 27, 2017

What must you prove in a product liability lawsuit?


Defective and dangerous products often injure or even kill thousands of people each year. Many people are eligible for some sort of compensation if they are able to prove an injury could have been avoided if a manufacturer or distributor did a better job of ensuring customer safety.

What Are Defective Products?

Defective products can include toys, playground equipment, medication, and kitchen equipment.


Read more . . .


Monday, October 31, 2016

Samsung washing machine exploded at Plano home, residents say


What should you look out for with products liability suits?

Samsung has been having a rough several months.  It started with the incendiary Galaxy Note 7 and is apparently continuing with an explosive washing machine.

Samsung Product Woes

John Stark and Barry Pyle, residents of Plano, were minding their own business this past week when they heard what sounded like a sonic boom from their laundry room.


Read more . . .


Saturday, May 7, 2016

Xarelto Lawsuit Filed in Texas


What types of personal injuries are linked to Xarelto use?

Today it seems as if there is a medication for everything from dry eyes to low sex drive; new drugs are popping up all over the market. Sometimes, however, it seems as if the benefits of taking one of these medications are outweighed by the possibility that you might experience one of their serious side effects. People across the country, for example, are complaining about personal injuries they believe they suffered as a result of taking the medication Xarelto.

Xarelto is a blood-thinning medication prescribed to prevent blood clots, deep vein and stent thrombosis in patients with various issues. The side effects of the medication, however, are more than the users bargained for.


Read more . . .


Wednesday, November 25, 2015

Government Warns Consumers: Takata Recalls Need Prompt Attention

What can I do if I am injured by an airbag or some other consumer product?

Recently, the National Highway Traffic Safety Administration warned that the Takata recall is not proceeding quickly enough to protect the public. So far, not nearly as many cars have been repaired as had been anticipated. Takata airbags have been linked to eight deaths and 98 injuries, yet, amazingly, as of a month ago, only 22.5 percent of the recalled airbags had been replaced with safer models.

The government has looked at some alternatives it may implement to speed up the rate of replacements, such as allowing mechanics, as well as delaters, to take care of the replacements, or for the government itself to take charge of the replacement process.

The trouble is allegedly being caused by a faulty chemical used in the inflation process. When airbag inflation is triggered, the inflator can spew metal fragments throughout the inside of the car, resulting in serious injuries to anyone struck. The government notes that such injuries are more likely to occur in humid areas, such as The Gulf Coast

Some examples of physical damage caused by the defective airbags are broken teeth, severe cuts, and loss of eyesight or hearing. Ironically, the airbag, a device designed to limit vehicular injuries, is actually exacerbating them.

Injuries like those listed are not to be taken lightly. When a product is used in a foreseeable way and it causes injury to the user, the injured person has the legal right to sue the retailer, distributor or manufacturer in order to be compensated for injuries incurred. This right is ensured under the legal theory of products liability which states that if someone (or some company) manufactures a product that injures another party, the manufacturer is responsible for making that individual whole again, and compensating them for the pain, suffering, and expenses that result fromt he injuries.

If you have been injured by a consumer product, call an experienced personal injury attorney promptly, since delay could cause you to lose your claim. Personal injury attorneys do not collect a fee unless they win your case.

Thursday, November 5, 2015

Texas Supreme Court Hears Arguments in Pivotal Personal Injury & Product Liability Case

How does Texas law interpret the term “physical injury” within the context of insurance litigation?

Insurance litigation is one of the most syntax-centric areas of the law, with each word in a policy agreement carrying a significant and meaningful definition. In one recent case before the Texas Supreme Court, oil giant Exxon Mobil, Corp. argued against U.S. Metals with regard to the definition of “physical injury” in the context of defective and broken oil rig components. While not expressly limited to personal physical injury, the term has been interpreted to include property damage and financial harm as well. This is the case in the litigation between the two companies. Depending on the outcome of the case, the definition of this pivotal term may  involve possible coverage for refinery damage under a Liberty Mutual insurance policy. 

As a bit of background, Exxon maintains an oil refinery in Baytown, Texas. Several years ago, the company installed metal flanges it obtained from U.S. Metals, which subsequently (and allegedly) broke, causing a massive production halt and substantial damage to the area.

Naturally, Exxon sued U.S. Metals for the damage – and it turned to its insurer: Liberty Mutual. The insurer, however, denied the flange-maker’s claim for coverage, stating that the damage to the refinery was not considered a “physical injury” within the definition. The insured appealed the decision, and the Texas Supreme Court recently heard the arguments for and against the expanded definition of physical injury within the product liability context.

To support its claim, Exxon advanced the argument that “physical injury” occurs whenever a defective part or component is implanted or installed – and pointed to a 1992 case holding the same. By contrast, U.S. Metals asserts that it did not commit physical injury against Exxon because the affected part, the flange, could have been removed and replaced at any time.

While a ruling has yet to emerge, one Justice stated it “seems perverse for the Liberty policy to not provide coverage for the replacement of defective parts.”


Monday, March 30, 2015

Texas Man Killed by Defective Airbag

Who is responsible for defective parts in my car?

A low-speed car accident near Houston proved fatal earlier this year. An autopsy performed on 35-year-old Carlos Solis found that a metal disc from a defective Takata airbag cut into his neck and killed him. He suffered no other serious injuries. The cause of death was listed as blunt force injuries to the neck.

Airbags are supposed to rapidly inflate to cushion drivers and passengers against the force of an accident. The defective airbags manufactured by the Japanese company Takata Corporation inflate with too much force causing them to blow apart, sending shrapnel-like pieces of metal into the passenger compartment. The company is under investigation and has been ordered to preserve evidence from recalled cars. Takata is banned from destroying or damaging recovered airbag inflators except for the purposes of testing. The company is also required to save 10 percent of the devices for testing by plaintiffs who have filed lawsuits against the company.

Solis reportedly purchased the car in 2014 from an independent car dealer in the Houston area. His vehicle was part of a 2011 recall to fix the airbag. Neither the dealer nor two prior owners had the repairs done. The Solis family is suing Honda, Takata and the dealer who sold Solis the car.

If you or a loved one has been injured in a car accident, the attorneys at Sawicki Law Firm can help. We have more than two decades of experience exclusively handling personal injury lawsuits. Call us today at (888)468-8844 for a free consultation. There is no fee unless you collect. Headquartered in Dallas, the Sawicki Law Firm represents clients throughout Texas.


Wednesday, January 7, 2015

Recent Awards in Transvaginal Mesh Lawsuits Give Plaintiffs Hope

Can you be compensated if you were injured by transvaginal mesh?

 

Many women who have suffered from damaged pelvic muscles turned to transvaginal mesh for relief. Unfortunately, this medical product often did more harm than good.  Although the mesh is still being used in certain situations, over 70,000 women have filed lawsuits claiming to have been injured by the product.

Transvaginal mesh is most commonly used in women with disorders such as pelvic organ prolapse and stress urinary incontinence.  The mesh is implanted into a woman’s pelvis and supposed to stay in place permanently.  Unfortunately, the implant is known to cause complications including adverse reactions, bladder issues, infections, pain, scarring and sexual dysfunction, among other things.  The Food and Drug Administration has even acknowledged the danger of the product.  Usually, once complications occur, the mesh needs to be taken out, posing another problem since it can take multiple surgeries to remove.  

Many women that have undergone this process have filed lawsuits against the main manufacturers of transvaginal mesh including Johnson & Johnson, or Ethicon, and others.  The plaintiffs claim that the polypropylene plastic that the mesh is made of is not safe for implantation into the human body.  Of course, the manufacturers deny this claim.  

There have been some recent breakthroughs in transvaginal mesh litigation this year that are giving plaintiffs in remaining lawsuits some hope.  Although this case will likely be appealed, juries have awarded millions to a plaintiff who claimed to be injured by transvaginal mesh manufactured by Johnson & Johnson.  In another case, Boston Scientific agreed to a $73 million settlement.  Other companies are compromising as well.  As most of the cases are before the same Federal District Court Judge in West Virginia, these decisions are causing plaintiffs to be optimistic that litigation will soon be moving along.  

Dallas, Texas personal injury attorney Michael Sawicki represents clients in all types of personal injury and products liability cases.  For a free consultation, call the Sawicki Law Firm today at (888)468-8844.

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