Articles Posted in Product Liability

The holiday season, and especially gift-giving, is often a favorite for many individuals. It is especially exciting to see children unwrap new toys that they will play with for months to come. However, when these toys are defective—and parents do not know it when they give them to their children—the children may be hurt by the toy. When a child is injured because the product is defective, they can bring a Maine product liability claim, alleging the defective product caused their injury. Product liability refers to a manufacturer or seller being held liable for placing a dangerous product into a consumer’s hands.

While toys are often seen as fun and enjoyable, there can be major consequences if they are unsafe. In 2018, there were an estimated 226,100 toy-related injuries treated in U.S. hospitals; 73% of these injuries happened to children 15 years old or younger. Tragically, there were also 17 toy-related deaths that occurred to children that same year. These deaths resulted from non-motorized scooters and riding toys, rubber balls, stuffed toys, and plastic toy food.

Toys—along with other consumer products—are often recalled because they can be dangerous to use. However, when someone is injured because they used the product, the individual, or their loved one if they passed away, may pursue a product liability claim. According to Maine law, a person who sells any products in a defective condition that is unreasonably dangerous to the user or his property is subject to liability for the physical harm caused. There are other requirements to products liability a plaintiff must prove: (1) the injury occurred to a person whom the manufacturer, seller, or supplier might reasonably expect to use, consume, or be affected by the product or to his property; (2) the product is expected to and does reach the user without significant change in condition in which it is sold.

No matter where you live, you probably have a ceiling fan in at least one room of your home. Given how common ceiling fans are in all kinds of residences, from houses to apartments to studios, you probably do not give them a second glance when entering a room. In the event that a ceiling fan is defective, however, and hurts someone or damages property while spinning because of the manufacturer or a design flaw, you may be able to recover damages in a Maine product liability lawsuit.

According to a recent news article, more than 190,000 ceiling fans have been recalled after the blades detached. Flying blades, the Consumer Product Safety Commission claimed, could cause injury and damage property for unsuspecting consumers. Of the 80,000 sold to consumers in the U.S. and Canada, there have been 47 reports of blades detaching from the fans, with two of them involving blades hitting people and four involving property damage. The Consumer Safety Commission has recommended that all consumers immediately stop using the fans, especially if they notice unusual blade movement or uneven gaps that appear between the body of the fan and the blades. Further, consumers can contact the distributor of the fans for a replacement free of charge.

If you are a Maine consumer who was injured by a ceiling fan, you may have a product liability claim. When you purchase any product, there are promises, otherwise known as implied warranties, made between the manufacturer of the product and the seller. Consumers receiving a product that is fit for the purpose for which it was sold and not defective, for example, is one of those warranties. Thus, when someone is injured because the product fails to deliver on those warranties, then both the seller and the manufacturer could be responsible for any injuries that occur to the consumer.

Product liability claims generally arise when an individual suffers injuries as a result of a defective or unreasonably dangerous product. Under Maine product liability law, any person who is a “reasonably expected” user of the defective product may have standing to file a lawsuit, regardless of whether they purchased the product. Further, although many products have limitations on warranties, state law provides that manufacturers and sellers cannot limit the implied warranties on consumer products. It is important to note that the law distinguishes between consumers and commercial purchasers. Despite the broad rights and remedies that consumers have, Maine product liability lawsuits often entail many challenges.

Maine product liability claims are often complicated, especially when the defective product was bought through Amazon, or a similar online retailer. Historically, Amazon maintained protection for defective products purchased through their site. However, the tide has begun to turn, and courts have found that Amazon cannot always shield itself from liability for defective products. This policy shift has occurred mainly after a series of situations where consumers suffered injuries from defective products sold by third-parties. However, lawmakers are now focusing on Amazon’s liability for its own defective merchandise.

A recent news report indicates that senators across the United States are demanding that Amazon recall hazardous Amazon-brand products. Many of these products are marketed under “AmazonBasics.” Safety experts discovered that many defective products remained available for sale, despite reports that they presented fire hazards. Senators wrote to Amazon CEO, Jeff Bezos, indicating that Amazon’s refusal to remove defective products may pose a serious threat to consumers.

Salmonella is a common bacterium associated with many food-related illnesses in the United States. There are many challenges with containing the bacteria because it cannot be seen, smelled, or tasted. Despite the benign presentation of food products containing salmonella, the consequences of ingesting it are often severe. The bacteria often result in salmonellosis, an illness marked by severe gastrointestinal distress, including vomiting, diarrhea, and stomach cramping. Individuals who suffered illness related to contaminated foods should contact a Maine product liability attorney to discuss options for recovering for their losses.

Although salmonella infections occur infrequently, the contamination can cause serious illnesses leading to hospitalization and even death. Salmonella poisoning is particularly dangerous for medically vulnerable individuals. These populations include pregnant individuals, infants, older adults, and those undergoing treatment for cancer and other serious conditions. Many infections stem from foods processed with contaminated meat and nut butter, raw eggs, dairy products, raw or undercooked meat, and raw fruits and vegetables. Salmonella poisoning occurs more often in the warmer temperatures, as the bacteria grow faster with heat. Further, many people consume a more substantial amount of raw fruits, vegetables and undercooked meats during the warmer months.

For instance, according to a recent news report, the Food and Drug Administration (FDA) recently advised consumers to discard peaches that they believe carry salmonella. After nearly 70 people suffered illnesses related to salmonella contamination, the FDA discovered that the common denominator was peaches packed by a specific company. The packing company explained that the majority of their peaches were sold to one grocery chain, Aldis, but they were distributed to others across 16 states. FDA officials explained that determining the cause of contamination is challenging because contamination can occur at any step of distribution, including picking, transporting, packing, handling, and unloading.

Each year, thousands of individuals in the United States suffer injuries from defective and dangerous products. Maine product liability laws provide these users and their families a way to recover for the injuries they suffered because of the defective product. Product liability lawsuits typically stem from:

• Manufacturing Defects
• Design Defects

Food poisoning can lead to serious and potentially life-threatening illnesses, and Maine individuals must understand their rights and remedies in these cases. For example, recently a national news source reported that Chipolte, a popular Mexican restaurant, has agreed to pay a $25 million fine and comply with a food safety program, after serving tainted food from 2015 to 2018.

The company conceded that they were the cause of at least five food poisoning outbreaks in the United States. These outbreaks occurred after employees failed to engage in safe food handling protocols. The company also acknowledged that several employees felt pressure to stay or return to work while they were sick. One outbreak, in particular, was linked to an employee who vomited at work and was asked to continue working.

The tainted food caused over 1,000 people to suffer from food-borne illnesses. The Justice Department brought federal charges against the company for “adulterating” food, after “shipment in interstate commerce.” To resolve the criminal charges, the company agreed to pay the fine. The United States attorney prosecuting the case stated that the company both failed to safeguard their food from contamination and train their staff in food safety protocols.

According to a recent report, pediatricians discovered that Baby Brezza, an expensive baby formula maker, may pose serious health risks to infants. The machine is a popular baby registry item and available for sale at various retailers such as Target, Buy Buy Baby, and Amazon. The company markets its’ patented product as an advanced way to mix powdered baby formula and water. However, a recent lawsuit alleges that some of the mixers are defective. This defect causes the product to create a watery formula that is less than required to meet a baby’s nutritional needs.

The initial plaintiffs in this case filed a lawsuit after their 2-month-old daughter began to exhibit increasing signs of fussiness and weight loss. The couple took the baby to her pediatrician, who confirmed the weight loss and sent the child for additional testing to determine the cause. Evidently, the cause was the formula maker, as the machine was dispensing watery formula. Over the last two years, the company received hundreds of complaints about the machine after parents discovered the machine was dispensing incorrect or inconsistent amounts of water. Further, several pediatricians described patients who were diagnosed with failure to thrive, after their parents fed them bottles dispensed from the machine. Additionally, pediatricians warned parents that babies who ingest bottles from this defective product may face other severe gastrointestinal issues, because their systems are not equipped to handle concentrated formula. The company alleges that their products are not defective and any issue is likely the result of caregivers incorrectly using the machine.

Parents who notice that their child is exhibiting changes in their feeding response, temperament, body temperature, or breathing should immediately contact their child’s healthcare provider. This change may be the result of defective formula, baby food, or formula maker. These changes can result in their children suffering severe weight loss, fevers, crying, sleepiness, and other life-threatening conditions. Manufacturing companies and retailers may be held liable under various Maine product liability theories, including negligence, strict liability, or breach of warranty theories. These claims often arise from manufacturing errors, failure to warn of possible risks, and design defects. Although the original Baby Brezza lawsuit was filed in another state, parents in Maine should contact an attorney to determine their rights and remedies.

The Center for Disease Control (CDC), Maine public health and regulatory officials, and the U.S. Food and Drug Administration (FDA) have expanded a hardboiled egg recall to include eggs sold in Maine. The hardboiled eggs were primarily sold to grocery stores and restaurants for use in prepared foods; however, some products were sold directly to consumers. Public health officials, following the CDC warning, issued the recall after discovering the strain of listeria during a routine inspection of a Georgia food manufacturing plant. An investigation into the bacteria revealed that the strain is identical to one found to be responsible for several foodborne related hospitalizations and deaths. The CDC advises consumers who have purchased boiled egg products to return them to the retailer or throw them away. Many of these products are marked with sell-by dates of “March 2, 2020”. Although the CDC issued a recall, some retailers and foodservice operations may fail to remove all of the affected products appropriately.

Food manufacturers, distributors, retailers, and restaurants must ensure that their food products are safe for consumption. This includes abiding by all food safety regulations, conducting periodic inspections, properly sanitizing, packing, and transporting food items. In some instances, food preparers at grocery stores and restaurants may not realize that they are using contaminated food products. These parties must ensure that they are up-to-date on all warnings and recalls that the CDC issues. Further, companies must train their employees on how to handle food items safely and advise sick employees to remain home.

The failure to do this can result in serious injuries to consumers. Bacteria such as, salmonella, E.Coli, norovirus, and listeria monocytogenes can result in various foodborne illnesses. The symptoms of foodborne illness often begin with an upset stomach and evolve into severe stomach cramps, vomiting, diarrhea, muscle pains, and fever. These symptoms can be deadly to vulnerable individuals such as newborns, pregnant women, and older adults. In some cases, individuals suffer longterm effects of food poisoning such as brain damage, arthritis, and organ failure.