The Chicago Personal Injury Law Blog

Products Liability and Recalls in Chicago

Products Liability law protects consumers from defective and dangerous products by holding manufacturers and sellers liable for introducing a defective and dangerous product into the market-place. A Products Liability claim may be brought under any one of several legal theories, which makes understanding products liability law quite difficult.

Typically, various national or local institutions will alert consumers about unreasonable risks of serious injury or death from thousands of types of consumer products via product recalls. The most common types of recalls include defective toys, food, medications, or vehicles. If you feel that you have been injured by a company’s defective or dangerous product, a Chicago Personal Injury lawyer can help you understand if you have a personal injury case.


Recently in Products Liability and Recalls Category

Prep School Cooking Class Fire Injures 5

A cooking class fire at a public prep school injured five students, resulting with one in critical condition.

The fire occurred in a science lab at Northside College Prep. Students were reportedly heating hot chocolate during a routine cooking instruction when a single-burner stove ignited with a flame, causing a flash fire, Chicago's WMAQ-TV reports.

Will the school be liable for the students' injuries resulting from a cooking class gone wrong?

'Ghost Train' Crash Injures Dozens, Increases Transit Worries

Investigators are still in the middle of determining the cause of a mysterious "ghost train" crash that left dozens of people injured. An empty Chicago commuter train that was parked in a service yard somehow ended up on a rail line and collided with an oncoming train early Monday, Chicago's WBBM-TV reports.

At least 33 people were hurt. Luckily, there were only minor injuries.

While the cause is still unknown, what are some possible liability issues that could be tied to this train crash?

Toyota Settles Most Unintended Acceleration Suits for $1.1 Billion

And so ends perhaps the most embarrassing chapter in Toyota’s history. The Japanese automaker, which made its mark worldwide on its reputation for safety and reliability, has agreed to settle claims arising out of an unintended acceleration problem that affected about 16 million Toyota, Lexus, and Scion branded vehicles, reports Reuters.

Though the $1.1 billion settlement covers repairs and economic losses resulting from the accelerator issue, the company will not admit fault as part of the deal. This likely has something to do with still-pending litigation over deaths and injuries resulting from the acceleration problem. The wrongful death and injury claims were not included in the settlement, though many have already been handled.

FDA Provides Dirty Details on Producer of Recalled Peanut Butter

The information leaking from the Food and Drug Administration’s investigation of Sunland, Inc., the producer of the peanut butter that was recalled about two months ago won’t immediately bring to mind visions of Upton Sinclair’s The Jungle, but it might prove useful in a products liability lawsuit against the peanut peddler.

After the tainted Trader Joe’s peanut butter was pulled, followed by dozens of other brands’ peanut butter and Tahini, including those made for Target, Safeway, Whole Foods, and Earth Balance, Sunland ceased operations at the plant voluntarily. Forty-one people in twenty states were sickened.

Nestle's Nesquick Recalled for Salmonella: Not Their Fault?

Another day, another food recall, right? Today, Nestle USA announced a recall of Nesquick chocolate powder because of a possible salmonella contamination, reports FOX Chicago. Apparently, Nestle's supplier of calcium carbonate issued it's own recall, which had a domino effect on Nestle's chocolaty drink.

This recall seems to be especially important to pay attention to, as Nesquick is marketed to children. Salmonella is especially dangerous to those with compromised or undeveloped immune systems, including the elderly, pregnant women, and of course, young children. Symptoms include diarrhea, abdominal cramps, and fever.

Hyundai and Kia Face Class Action Over Inflated MPG Numbers

Hyundai and Kia, the Korean car brands that have gone from econobox afterthought to mainstream market force are facing a class action lawsuit that accuses them of inflating their fuel economy estimates.

We all know that the sticker on the window that promises 40 miles per gallon is, shall we say, optimistic, right? So what is this lawsuit about?

More Chinese Supplements Laced With Prescription Drugs Recalled

Herbal medicine is quite often ineffective and mislabeled crap. If you need proof, look no further than the wave of "all natural" herbal supplements that have been recalled by the FDA over the last year. Nearly every recall involved a Chinese-made supplement that promised herbal remedies for weight issues, erectile dysfunction, or arthritis. Instead, it turns out that the miracle "natural" cure was laced with a prescription drug.

That's because prescription drugs work. Sure, they may be dangerous, like sibutramine, which is an appetite suppressant that was taken off of the market in 2010 because it substantially increases blood pressure and/or pulse rate and can lead to issues for those with existing heart problems. But it does suppress the appetite (not just by killing you either) and by extension, helps you lose weight.

Halloween Hell: Top Five Dangers to Your Children

Halloween's a hell of a holiday. Kids get candy. Adults get drunk. Everyone dresses up like an idiot. Sales of Mike Myers movies skyrocket.

(Fun tip: Busta Rhymes' Halloween: Resurrection is by far the greatest of the series.)

Still, many label Halloween as the most dangerous holiday for children. Read onward to find out why.

Recall: Banana Boat Prevents Sunburn, Catches You on Fire?

Sunburns are no joking matter. Not only do they hurt, and make you look more red than a British phone booth, but they can cause skin cancer. Fortunately, the careful application of sunblock can reduce the likelihood of sunburn and cancer from the sun’s harmful UV rays.

Unfortunately, it also seems that Banana Boat’s sunblock can catch you on fire, reports Reuters.

Recall Roundup: Hondas, Toyotas, Not Nissan, Oh My!

Do you remember when the American auto industry nearly collapsed due to decades of making inferior products? Has the gap finally been closed yet? The two largest Japanese auto manufacturers have announced a series of recalls in the last few weeks that cover millions of vehicles. That's also good news for Nissan, as they were the the only manufacturer of the Japanese big three not to recall a car in October.

Toyota's recall is the largest in recent memory, as it covers 7.4 million cars globally, including 2.5 million in the United States, reports Consumer Reports. The recall involves a window switch that apparently didn't get enough grease at the factory. The increased friction can eventually lead to sticky switches, smoke, and even fire. The recalled units include the following: