Category Archives: Product Liability

The Three Largest Ford Automobile Recalls in History

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Based out of Detroit, Michigan, Ford Motor Company manufacturers various model cars, sports utility vehicles, and trucks, all at economy-based prices. Ford Motor Company has been a trusted vehicle manufacturer in the United States since the early 1900’s. But over the course of its history, they were unfortunate enough to release vehicles that were later recalled due to manufacturer defects; defects that were both dangerous and deadly to millions of people. Continue reading for a brief look at three of the largest automobile recalls in the history of the Ford Motor Company.

Car Accident Lawyers 317-881-2700

Car Accident Lawyers 317-881-2700

The Ford Pinto

The Ford Pinto was release in September of 1971, but was quickly recalled once it was decided by the National Highway Traffic Safety Association (NHTSA) that the fuel tank was defective. The fuel tank was substandard, making it highly vulnerable to ruptures and damage. This meant that rear-end collisions easily caused the tank to rupture, and inevitably lead to a deadly explosion. It was rumored that Ford Motor Company knew about the defect, but chose to release it since it was cheaper to fight personal injury claims rather than make changes to the fuel system design.

As a result, two famous lawsuits took place: 1) Grimshaw vs Ford Motor Company, and 2) Indiana vs Ford. The Grimshaw case resulted in plaintiffs being awarded more than 6 million dollars in damages, turning out to be the largest product liability and negligence award at the time. The Indiana vs. Ford lawsuit was the first time a major corporation was indicted on criminal charges for a defective product, and charged with reckless homicide.

Failure to Park

Just a few short years in 1980, after the Pinto incident, Ford recalled over 20 million vehicles due to a gear shift defect. This made it the largest automobile recall of its time where the automaker was entirely liable. It cost the Ford Motor Company more than a billion dollars in losses. The defect was caused by a faulty safety catch that would suddenly slip and cause the car to enter into reverse without notice. According to Investopedia, this defect was responsible for thousands of grievances, accidents, and injuries, and even 98 deaths. But rather than repairing the defect, Ford simple issued drivers a sticker to place on their dashboards warning them to make sure their vehicle is all the way in the parked gear. This sticker turned out to be an notorious emblem in the 80’s.

Cruise Control

In 1999, Ford Motor Company was at it again, recalling more than 17 million Ford, Lincoln, and Mercury vehicles. This time, it was for faulty cruise control technology made by Texas Instruments. While in cruise control, a defect would cause the system to deactivate, which would then result in switches overheating and catching fire, even after the vehicle was turned off. More than 15,000 fires were reported, and the recalls continued for a number of years, up to 2004. As a result, the Ford Motor Company faced a series of personal injury claims and wrongful death lawsuits.

Product Defects Lawsuits

Product defects can cause injuries and even fatalities. If you or someone you love has suffered serious injuries as a result of using a product with a manufacturer defect, it is vital to contact a product liability injury lawyer right away. They can protect your rights and fight to recover the rightful remuneration you deserve.

Craven, Hoover, and Blazek P.C.

Personal Injury Attorney Indianapolis

Personal Injury Attorneys 317-881-2700

Call The law office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to file a product liability injury claim in Indianapolis, IN. Personal injury attorneys, Daniel Craven, Ralph Hoover, and Keith Blazek are dedicated and determined to obtain the full and fair amount of compensation you deserve as an injured victim of a product defect. We offer free initial consultations and never charge attorney fees and less we prevail for you. Call 317-881-2700 and schedule an appointment with a product liability injury attorney in Indianapolis, IN today.

Is Market Share Liability Still Used in Product Liability Cases?

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Market share liability is a legal set of rules that plaintiffs and courts can use against a group of product manufacturers in a product liability case if the origin of the harmful product in question cannot be proven. In such a case, since there is no way of determining which manufacturer provided the fungible product that harmed a person or group of people, the law decrees that all manufacturers in the market must pay a percentage of recompense for damages. Continue reading for an example of a market share liability case, and more about how it applies to product liability cases.

Indianapolis Accident Attorneys 317-881-2700
Indianapolis Accident Attorneys 317-881-2700

Market Share Liability in the Legal World

Market share liability is rarely used in the court system today. In order for it to apply, four distinct factors must be true about the case: it must be impossible to determine which manufacturer provided the actual product that harmed the actual victim, all manufacturers were active suppliers of the product when the damages occurred, the product must be fungible (the same no matter who made it), and a majority share of the manufacturers of the product must be present as defendants in the lawsuit.

If all four of these factors are true in a product liability case, market share liability could be applied. This of course all depends on individual circumstances, evidences, and varies case to case. It is important to discuss your legal questions regarding personal injury or product liability with a licensed attorney that focuses on your accident case.

Case Example

The market share doctrine originated in California after a DES case was revealed. Mothers were prescribed a medication called DES that prevented miscarriages. Later, the adult-children of these mothers began to develop reproductive tract cancers, like vaginal tumors, masses, and more. Since it was impossible to determine which drug company provided the DES that was prescribed to their mothers, the courts decided to apportion the liability among all (or most) of the drug companies that manufactured the DES medication at the time the mothers were prescribed to it.

The apportioned share in a market share liability case is not always equal among manufacturers. It is divvied according the percentage of the product they produced and distributed at the time a victim was injured by it. If you or a loved one was injured by a defective product, contact a licensed personal injury lawyer to learn your rights before the statute of limitations runs out. You could be entitled to compensation for your damages and losses.

Craven, Hoover, and Blazek P.C.

Personal Injury Lawyers
Personal Injury Lawyers 317-881-2700

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 to learn about product liability or to file a defective product injury claim in Indianapolis, IN. Personal injury attorneys, Daniel Craven, Ralph Hoover, and Keith Blazek, have extensive trial and litigation experience and can offer you accurate and information answers to your legal questions. We offer free initial consultations so there is no financial obligation to discuss your case! We also never collect attorney fees unless we win your case. Call 317-881-2700 to speak with a product liability lawyer in Indianapolis, today.

Are Bed Rails a Safety Concern for the Elderly?

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Nursing Home Neglect Lawyers 317-881-2700

Nursing Home Neglect Lawyers 317-881-2700

When we get to a certain age, our bones and muscles naturally weaken and atrophy. Elderly individuals have trouble navigating their ways into and out of bed each day, and can even have trouble remaining in bed as they sleep or rest. As a practical solution, bed rails were introduced to facilities that housed the elderly, as well as, the general market for private and public commerce. These rails were intended to protect the elderly from having bedside accidents, like falling out of bed as they sleep, or injuring themselves
as they try to step in and out of bed.

But there is a new buzz among nursing homes, hospitals, and homes about the potential dangers of bed rails. Are bed rails more of a hazard for the elderly, or are they perfectly safe and effective? Continue reading to learn more.

Improper Use or Manufacturing of Safety Rails

Defective products are far and few, but they do happen. In the case that bed rails are manufactured with defects, they cannot perform their intended purpose of protection and assistance. This leads to accidents resulting in cuts, scrapes, lesions, sprains, head injuries, orthopedic injuries, and more. Even when bed rails are in perfect condition, the same consequences can result from improper use of safety rails as well. In the case of improper use, a nursing home or hospital can be liable for a senior citizen’s injuries or wrongful death. In the case of a product defect causing injury or death, the manufacturer can be held legally accountable.

Bed Rail Injuries

It is scary to think there are enough bed rail accidents and injuries to have substantial statistics for them, but it’s true. More than 30,000 bed rail-related accidents were confirmed between the years of 2003 and 2011, and more than one hundred people died. And these were the incidents that were actually reported, as many were not. In 1995, the FDA issued safety warnings for bed rails, yet manufacturers were never legally required to provide safety labels on their devices. Since 2006, the FDA has introduced some proposed guidelines for hospitals and nursing homes to use when it comes to bed rail safety awareness.

Nursing Home Neglect Lawyer

If you suspect that an elderly loved one is being neglected or mistreated by their nursing home or residential caregiver, contact a nursing home neglect lawyer right away. You may be entitled to remuneration for your elderly loved ones’ damages or wrongful death. Stop nursing home neglect in its tracks by hiring a reputable attorney to prove your case and recover compensation that’s rightly deserved.

Craven, Hoover, and Blazek P.C.

Personal Injury Lawyers 317-881-2700

Personal Injury Lawyers 317-881-2700

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 for information about nursing home neglect claims in Indianapolis, Indiana. Attorney, Daniel Craven, has extensive litigation and trial experience. He is happy to discuss your concerns about nursing home neglect, residential care neglect, and more. Our law firm offers free initial consultations and never collects lawyer fees unless we prevail for you. Call 317-881-2700 for more information about nursing home neglect lawsuits in Indianapolis, IN.

Common Defects with Vehicular Recalls

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Car Accident Attorneys 317-881-2700

Car Accident Attorneys 317-881-2700

Thousands of vehicles have been recalled by the manufacturer over the past several decades. This happens when certain parts or functions of a car or truck malfunction in a way that can cause a person harm or death. Defectively-designed automobiles are a danger to drivers, passengers, and pedestrians, putting the vehicle’s manufacturer in a liable position. There are many different ways a vehicle can be defective, resulting in recall.

Continue reading to learn what these common defects are and who to call if you believe you were injured as a result of a malfunctioning automobile.

Motor Vehicle Defects

Vehicles have been recalled for various reasons regarding defects over the past twenty years and more. Such defects cause accidents like vehicular fires, explosions, faulty seat belts, defective airbag systems, obstruction of views, tire blow-outs, engine malfunctions, loss of control, loss of brakes, and much more. Adults, teens, and children have been killed, disfigured, paralyzed, scalded, burned, and seriously injured from motor vehicle accidents caused by auto defects and malfunctions.

Automotive manufacturers retain state of the art equipment and technology to produce vehicles that can render a safe collision course for passengers and drivers; so there is no excuse for them to make such devastating mistakes. They often rush a new line of vehicles out to the market allowing their economic agendas outweigh proper consideration for safety. So crucial corners are cut when it comes to adequate safety features in order for them to get their product on the dealership floors faster; only this comes back to haunt them later. The result is usually some form of automotive product liability lawsuit.

Here are some examples of the most common vehicular defects in popular make and model cars and trucks that were pulled from the market for liability reasons:

• Defective Tires
• Airbag System Defects
• Seat Belt Defects
• Electrical Circuit Defects
• Faulty Car Doors (allowing ejection in an accident)
• Defective Car Roof Structures (can roll-over or crush victims in an accident)
• Fuel System Defects (PCFFF, or Post Collision Fuel Fed Fire)
• Defective Side-Impact Features
• And More

If you or a loved one was recently injured in a motor vehicle accident as a result of another person or entity’s negligence, including defective automobiles, contact a car accident injury lawyer right away and learn your rights to compensation.

Craven, Hoover, and Blazek P.C.

Personal Injury Lawyers 317-881-2700

Personal Injury Lawyers 317-881-2700

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 for information about product liability and car accident injury lawsuits in Indianapolis, Indiana. Seasoned attorney, Daniel Craven, is happy to answer your questions about all personal injury accidents and claims. We offer free initial consultations and never collect lawyer fees unless we win your settlement. Call 317-881-2700 and schedule your free consultation to discuss a recent Indianapolis personal injury with a licensed attorney, today.

Product Recalls that Have Gone Down in History

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Indianapolis Accident Lawyers 317-881-2700

Indianapolis Accident Lawyers 317-881-2700

Product recalls happen when manufacturers introduce a new product or commodity to the market for resale, but the product is defective and dangerous in some way. Manufacturers these days are in high competition and always in a rush when it comes to getting their products out on the market to start making fast cash; the subsequent problem that arises from this situation is that some products are not properly tested before they are released to the public. When a person is injured as a result of a defective product, it falls under product liability law, and victims may be entitled to compensation for their damages.

Continue reading to learn about some dangerous and life-threatening product recalls that have occurred in the past few decades, and who to call if someone you know has been recently injured by a defective product.

Manufacturer Re-Calls

The worst part about manufacturer product recalls is that they usually go unnoticed until someone is injured or killed by them. Fatalities and injuries from defective products is the number one reason for recalls. Improper testing, inadequate research, and even tampering are causes of defective products. And tampering can is a criminal offense. Look below at some astonishing and dangerous product recalls that have taken place over the past several years in the United States.

2010- Toyota

The world’s largest auto maker was forced to recall twice in 2010. Faulty pedals and ill-fitting floor mats were to blame. More than 40 million vehicles were recalled in March, while 53 million more were recalled later in November.

2009 – Simplicity Drop Side Cribs

These Chinese-manufactured cribs came with a detachable side that could break easily. Once broken, it created an opening between the side and the mattress, leaving a space that could trap or suffocate children. Unfortunately, an 8 month old infant died in Texas caused by this product defect.

2008 – Ground Beef

The Department of Agriculture ordered the Hallmark-Westland Meat Company to recall more than 140 pounds of ground beef because it may have been contaminated with a bovine disease. The mean was thought to be contaminated with a disease call Downer Cattle. The company had to pay more than 60 million dollars in restitution and fines related to this recall. Fortunately, no fatalities or injuries were reported.

2007 – Mattel Toys

Lead contamination was the culprit behind this 2007 recall. More than 18 million toys, manufactured in China, were recalled.

2006 – Renu MoistureLoc Contact Lens Solution

Bausch & Lomb paid the piper when their contact lens solution was recalled for potentially being linked to a blinding eye infection called Fusarium Fungus. Their company losses were reported to be over 100 million dollars.

2004 – Vioxx

Meant to treat arthritis, this drug was recalled, worldwide, after a study linked it to strokes and heart attacks. The company paid nearly five billion dollars in restitution for over 25,000 lawsuits filed against them for consumer injuries and wrongful deaths.

2000 – Fire Stone Tires

Over six million tires were recalled after faulty manufacturing on Ford Explorer vehicles caused countless motor vehicle accidents resulting in 175 deaths and nearly 700 injuries. Their company losses were reported to be over 100 million dollars.

1994 – General Mills Cheerios

A grower uses the wrong pesticide to produce the grains made for Cheerios cereal. This contamination led to over 75 million dollars in company losses.

1993 – Pepsi

Although a few years later Coca-Cola will experience a product recall in Europe, Pepsi had to recall in 1993 due to alleged product tampering using needles! Pepsi lost over 35 million dollars.

1982 – Tylenol

Surprisingly, Tylenol was recalled in 1982 for alleged cyanide tampering. As a result of product extortion, this suspicion led to more than 30 million bottles to be recalled.

1978 – Ford Pinto

Everyone seems to remember this product recall very well. Back in 1978, the popular Ford Pinto was finally recalled for explosive reasons. Rear-end collisions caused the car to essentially blowup, because the fuel tank was positioned improperly inside the vehicle. Although there were several suspicions of this before it was released to the public, Ford chose to deal with any potential lawsuits rather than solving the problem. The result was countless fatalities and injuries among consumers. Criminal charges and lawsuits were brought before the company, who was eventually found not guilty, but Ford still recalled their vehicles and stopped making them in 1981.

Get a Lawyer

If you or a loved one has been recently injured as a result of a defective product, contact an Indianapolis product Liability lawyer immediately. You may be entitled to legal compensation for your damages. Be sure to act fast, before the statute of limitations runs out, and your chance for remuneration is gone.

Craven. Hoover, and Blazek P.C.

Personal Injury Lawyers 317-881-2700

Personal Injury Lawyers 317-881-2700

Call Craven. Hoover, and Blazek P.C. at 317-881-2700 for information about defective product injuries and product liability lawsuits in Indianapolis, Indiana. Attorney, Daniel Craven, can get you the compensation you and your family deserves after being injured or killed by a defective product, medication, drug, foodstuff, and more. We offer free initial consultations, and we never collect lawyer fees unless we prevail for you! Call 317-881-2700 and speak with a seasoned and well-versed product liability lawyer in Indianapolis, IN today.

E-Cigarettes and Nicotine Poisoning

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Personal Injury Lawyers 317-881-2700

Personal Injury Lawyers 317-881-2700

This year alone, Poison Control has received more than 2,500 reports of nicotine poisoning. The worst part is that more than 50% of those reports were children under the age of six! This is an evident increase in nicotine poisoning, largely related to the introduction of electronic cigarettes to the market. This means several people are switching to the liquid nicotine options, and bringing them into their homes with small children.

Liquid nicotine can be quickly absorbed through the skin, putting children and other innocent stand-byers at a higher risk of poisoning. Continue reading to learn more about the dangers of e-cigarette and nicotine poisoning, and who to call for questions about filing a product liability lawsuit in your state.

E-Cigarette Poisoning

The first problem with E-cigarettes is that the warning label is insufficient. It is heavily overshadowed by all the publicized benefits of liquid nicotine. Liquid nicotine manufacturers generally operate with little to no federal oversight. This is another reason that has led to the undeniable increase of unintentional nicotine poisoning in kids. Keep in mind that any product that is improperly labeled, or whose labels are misleading and deceptive, may be grounds for a lawsuit; especially if someone were injured or killed as a result of the product. This is a situation that calls for a licensed Indianapolis product liability attorney or personal injury lawyer. Over-exposure to liquid nicotine, or nicotine poisoning, can cause several health complications, injury, and even death.

Common Signs of Nicotine Poisoning Include:

• Vomiting
• Accelerated Heartbeat
• Mental Confusion
• Heightened Agitation
• Convulsions
• Seizures
• Irregular Heartbeat
• Rapidly Changing Blood Pressure
• Death
• And More

Personal Injury Lawyers 317-881-2700

Personal Injury Lawyers 317-881-2700

Another danger associated with nicotine poisoning and E-cigarettes involves the flavorful tastes and scents intended to attract more adult smokers. This, unfortunately, can trigger a child’s curiosity and evoke them to try a puff or two, or more, to see what it tastes like. The smells, scents, and flavors of electronic cigarettes poses a real threat to children, enticing them to smoke and believing it is healthier or okay. It also entices children to want to smell the smoke and be around it more, putting them at higher risk for overexposure and poisoning.

Although it may seem like electronic cigarette smoking is the answer to a healthy alternative to regular cigarettes, the truth is that they still contain nicotine, which is a dangerous chemical; especially to young children. Keep this in mind next time you or someone you love puffs on an e-cigarette in the presence of a child or baby. If your child, or another child you know, has been over-exposed to nicotine from e-cigarettes, please contact a local personal injury attorney right away. You, or they, may be entitled to legal compensation for damages resulting from a product defect or liability.

Craven, Hoover, and Blazek P.C.

Indianapolis Personal Injury Lawyers 317-881-2700

Indianapolis Personal Injury Lawyers 317-881-2700

Call 317-881-2700 to learn more about product liability injuries and lawsuits in Indianapolis, Indiana. Attorney, Daniel Craven, is eager to answer your questions about filing a personal injury claim, product liability lawsuits, and more. He is a seasoned personal injury lawyer with decades of trial and litigation experience. Call and schedule a free initial consultation to discuss your personal injury accident and determine your eligibility for remuneration. We never collect lawyer fees unless we win your case. Call 317-881-2700 for personal injury legal services in Indianapolis, IN today.

Beware of Serious Prescription Drug Side Effects

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Personal Injury Law Firm 317-881-2700

Personal Injury Law Firm 317-881-2700

There have been several recent reports regarding serious side effects caused by prescription drug use and treatment. Although most medications are helpful to patients, and can even save lives, some prescription meds have the potential to cause severe side effects; such as discomfort, medical complications, and even death. If you or a loved one has taken any prescription drugs that have caused serious or life-threatening side effects, you may be entitled to compensation for your damages.

It is important to consult a licensed Indianapolis product liability lawyer for accurate answers to your legal questions, and to receive trusted professional guidance for pursuing a lawsuit.

Prescription Drugs that Can Potentially Cause Serious Side Effects

Below is a list of several prescription medications that have been reported by patients to cause serious and potentially fatal side effects when consumed. If you have taken any of the listed medications below, consult a physician to reassure you are not in harm’s way. If you have taken one or more of the below listed drugs, and have experienced severe side effects, also consult a personal injury attorney. They retain the proper experience, knowledge, and resources to investigate a potential product liability claim or personal injury case for victims of prescription drug side effects.

Here are some prescription drugs and side effect-scenarios recently reported by the Federal Drug Administration (FDA):

Pradaxa

A blood thinning medication. Said to have caused excessive bleeding and even internal hemorrhaging in some users. This drug was meant to be a “perfect substitution” for a drug called Coumadin, but it is in fact a very dangerous drug.

Xarelto

Also a blood thinning medication. Meant to be an alternative to a drug called Warfarin. In contrast to Warfarin, Xarelto doesn’t have an antidote for its anti-clotting mechanism in the case of an emergency. This makes it a very risky and dangerous drug.

Byetta

An injectable medication meant to treat Type II Diabetes. It works in the gastrointestinal tract to increase the production of insulin in the gut. Has been reported with several complications. Similar meds include Victoza and Januvia.

Januvia

Manufactured by Merck Pharmaceuticals to also treat Type II Diabetes. Although the FDA approved this drug in 2006, it has been reported causing several medical complications since its public reveal in 2007.

GranuFlo

A dialysis medication for kidney disease. The FDA issued a Class I product recall, the most serious classes of recalls for medical products, because this drug is too dangerous and can cause death.

NaturaLyte

Also a dialysis medication that was CLASS I recalled by the FDA in 2012 for its dangerous side effects, including death.

Craven, Hoover, and Blazek P.C.

Personal Injury Lawyers 317-881-2700

Personal Injury Lawyers 317-881-2700

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 to speak with a licensed product liability lawyer in Indianapolis, Indiana. Attorney, Daniel Craven, can help you or your family recover compensation for a loved one’s death or personal injury after taking one of the above medications, or other harmful drug. We offer free initial consultations and never collect lawyer fees unless we win your settlement. Call 317-881-2700 to learn more about filing a product liability lawsuit in Indianapolis, IN today.