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September 10, 2010

Do It Yourself Home Repair Books Recalled Due to Faulty Instructions

Over 500,000 Do-It-Yourself Books have been recalled by the publisher, Oxmoor House Home Improvement, due to the inclusion of improper wiring instructions in a recent edition that could lead to personal injury or significant property damage. The Consumer Products Safety Commission announced the recall for various books sold nationwide in the U.S. between 1955-2005. Apparently, if properly followed, the faulty wiring instructions could cause serious electric shock or shorting of electric circuits thereby causing fire.

Obviously, in the case of recalls, it is important to ensure that you, as a consumer, remove the faulty items, such as books, cars, toys, etc., from your home or otherwise have the faulty items repaired so as to avoid serious personal injury or serious property damage. Often times, such recalls are brought to the attention of the Consumer Product Safety Commission through litigation, wherein a plaintiff claims serious injuries or serious property damage resulting from a defective item.

Obviously, as set forth on our firm's website and in prior areas of our blog, the manufacturers of any item put forth into the stream of commerce have a duty to ensure that the items are safe and fit for its intended use and purposes. In this case, the "product defect" lay within the pages of a handyman's do-it-yourself book, and wouldn't cause damage to anyone unless and until the end user followed the specific faulty instructions. However, despite the fact that the "product" itself, the book, was not in any way defective in a way that caused injury, the instructions contained therein were, and as such, the product was defective.

If you believe you are in possession of a defective product, whether it is defective by design or manufacturing defect, it is important firstly, to seek treatment if you or someone close to you was injured as a result of that product. Property damage should be documented and photographed. Of course, you should immediately preserve the product for inspection by an attorney or an engineer to determine whether any such injury or damage was caused by the product itself or its misuse. It is crucial that an attorney skilled and experienced in this area of law be sought immediately if you may have been injured or suffered property damage as a result of a particular product.

May 11, 2010

Recalled Cribs Raise Concern Over the Safety of Children

A recent recall of another brand of drop side cribs remind parents of the danger of cribs where one side moves up and down to allow a parent easier access to the baby or toddler. The Consumer Product Safety Commission once again alerted parents to the dangers of these cribs in a warning released on May 7, 2010. According to the Commission, at least 32 infants and toddlers have been killed by way of strangulation or suffocation as a result of defects in these types of cribs. Another 14 similar deaths could not be conclusively related to any defects. The Commission notes that the problems are the result of less than adequate structural integrity and the gaps that are formed to accommodate the sliding rail.

Unfortunately, many products that are placed into the stream of commerce are often unsafe for children. In addition to cribs, such other examples include various toys, car seats, bath basins, strollers and infant carriers. The manufacturers of such products can be held monetarily responsible for any injuries sustained by the end users of these defective products under New Jersey's Product Liability laws. (Link to our website where I set forth Product liability law). Litigation involving these types of cases are generally design defect cases where the manufacturer can be held responsible for their failure to properly design a product that they place into the stream of commerce. As set forth on our firm's website, an expert witness will be required to prove the design defect even if the product had previously been recalled.

Of course, one of the main purposes of personal injury law is to prevent injuries to innocent parties such as children. This purpose is often achieved through the ability to bring such product defect lawsuits against manufacturers of dangerous products such as the sliding rail cribs. In this regard, it is hoped that the companies' exposure to monetary damages awards for the injuries their products cause will lead to changes in the way they research and design their products. Hopefully, this, in turn, will lead to safer products and decreased injuries overall.

Obviously, we, as the end users of products that are placed on the market, are not in a position to determine whether the products we purchase for use for us or our families are designed in a safe manner. Therefore, it is imperative to periodically check with the Consumer Product Safety Commission to determine what new products have been recalled. You may go to their website at www.cpsc.gov or by calling them at 800-638-2772.

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