Showing posts with label product liability. Show all posts
Showing posts with label product liability. Show all posts

Monday, March 9, 2015

LAWSUIT SAYS PURINA DRY FOOD HARMFUL TO DOGS

Original Story: clickondetroit.com

Beneful dry dog food produced by Nestle Purina PetCare has "resulted in serious illness and death of thousands of dogs," a lawsuit says. A Reno product liability lawyer is following this story closely.

The eight kinds of Beneful dog food have caused internal bleeding, liver failure, vomiting, diarrhea, weight loss, seizures, bloat and kidney failure, the suit said.

The named plaintiff in the suit describes how one of his dogs died after eating Beneful and two of his dogs got sick. In the past four years, consumers have made more than 3,000 online complaints about dogs becoming ill or dying after eating Beneful, the lawsuit says.

Bill Salzman, director of corporate communications for Nestle Purina PetCare, issued a statement denying the allegations in the lawsuit. A New Mexico product liability lawyer represents clients in product liability cases.

"We believe the lawsuit is baseless, and we intend to vigorously defend ourselves and our brand. Beneful had two previous class action suits filed in recent years with similar baseless allegations, and both were dismissed by the courts.

"Like other pet foods, Beneful is occasionally the subject of social media-driven misinformation. Online postings often contain false, unsupported and misleading allegations that cause undue concern and confusion for our Beneful customers.

"Bottom line: Consumers can continue to feed Beneful with total confidence."

The class action lawsuit, filed February 5 in U.S. District Court in Northern California, seeks $5 million in damages. A Memphis product liability lawyer represents clients exposed to defective or dangerous products.

The plaintiff, Frank Lucido of Discovery Bay, California, says he first purchased Beneful food in December or January, the suit says.

Lucido's German Shepherd, Nella, became ill on January 17 and his English bulldog, Dozer, was found dead January 23 in the yard, the lawsuit says. Lucido's third dog, a Labrador named Remo, became sick around the same time, the suit says.

The lawsuit says Purina Nestle knew Beneful dog food was harmful and sold it without adequate testing and without properly investigating reports of pet deaths and illnesses. A Dallas product liability lawyer provides legal counsel and extensive experience in many aspects of product liability law.

Beneful contains propylene glycol, an auto antifreeze component, and mycotoxins, toxins produced by fungus found in grains, the lawsuit says.

The eight kinds of dry Beneful food are Purina Benful Healthy Weight, Original, Incredibites, Healthy Growth for Puppies, Healthy Smile, Healthy Fiesta, Healthy Radiance and Playful Life.

Tuesday, November 18, 2014

MOM-TO-BE KILLED IN CRASH DROVE RECALLED JEEP

Original Story: detroitnews.com

Southfield — The SUV driven by Kayla White when she was killed Tuesday in a fiery crash on the Lodge Freeway had been recalled because of risk of catching fire during a rear-end collision.

White was killed when her 2003 Jeep Liberty was struck from behind near Telegraph, causing it to overturn and catch fire. She died of injuries caused by flames that engulfed her car, according to the Oakland County Medical Examiner's Office. An autopsy determined the cause of death was burns and smoke inhalation. A Milwaukee Wrongful Death Attorney is experienced in representing clients involved in wrongful death cases.

White, 23, of Ferndale was pregnant and in her third trimester at the time of the crash, according to police.

The SUV was part of a Chrysler Group LLC recall campaign last year of 1.56 million 2002-07 Jeep Libertys and 1993-2004 Jeep Grand Cherokees at risk of catching fire when struck from behind. The automaker issued the callback following a request from the National Highway Traffic Safety Administration after an investigation found the defect was connected to 37 fatal rear-end collisions resulting in 51 deaths — including at least five fatal crashes involving Libertys that resulted in seven deaths.A Milwaukee Product Liability Lawyer is reviewing the details of this case.

Southfield attorney Gerald Thurswell, who is representing White's family, said Friday the family is aware of the recall. He declined to answer questions about the police crash investigation and vehicle fire, but said the family is pursuing a lawsuit against the automaker.

"We're investigating a products liability case against Chrysler," he said.

Chrysler declined to comment on the White family's decision to seek counsel.

According to a search of the vehicle's VIN number through NHTSA, White's Jeep had not been fitted with a trailer hitch as a result of the recall to better protect the gas tank during collisions. It is unclear if the vehicle already had a factory-installed hitch before the recall. A Westchester County Auto Accident Lawyer represents clients involved in car accident cases in which victims have been seriously injured or killed.

The Jeep had two previous owners, according to a CarFax vehicle history report. The recall was issued while White owned the vehicle. The SUV, according to the report, was involved in a rear impact with another vehicle causing "minor to moderate damage" in 2005.

White's family members reached Friday declined to comment about Tuesday's crash, referring The Detroit News to Thurswell.

Chrysler spokesman Eric Mayne, in a statement about the accident, said the company is "working with law-enforcement officials to gather the relevant facts."

The crash investigation may take four to six weeks before results are submitted to the Oakland County Prosecutor's Office to determine whether charges will be filed against the 69-year-old driver who rear-ended White's vehicle, said Michigan State Police Lt. Mike Shaw. State police declined to provide further information Friday afternoon.

It was not clear if the fire began with the fuel tank or how fast the other vehicle was traveling when it struck White's car.

Police called to the crash scene around 4:45 p.m. determined the driver of a 2002 Cadillac, a Beverly Hills man, traveling north on the Lodge was unable to stop as traffic slowed in the right lane. Police said the driver was not paying attention.

NHTSA Deputy Administrator David Friedman, in a statement late Friday to The News, said the organization continues "to urge Chrysler to accelerate efforts to bring owners in to get their vehicles repaired and to ensure that parts are in stock when they do."

"It is also heartbreaking to see another victim of a distracted driver," he said. "We urge all drivers to keep their eyes on the road and their hands on the wheel."

Chrysler said Friday it had fixed or inspected nearly 130,000 vehicles since August. The company said it had more than 427,000 hitches in stock as of this week. It expects to have more than 550,000 by Dec. 1.

In July, under government pressure, Chrysler said it would be able to produce enough hitches to complete the June 2013 recall by mid-March 2015 — far faster than the original timetable of up to 4.7 years.

Clarence Ditlow, executive director of Washington, D.C., advocacy group the Center for Auto Safety, said that the design of the vehicles leaves the gas tanks vulnerable in the event of a rear-end collision.

"If you're in the wrong place at the wrong time, the vehicles are going to explode and you're very likely to burn to death," he said Friday.

Ditlow also said Chrysler's fix of adding a hitch may not adequately protect the fuel tank.

"Looking at the one photo I saw of (White's) Liberty, it appears that the striking vehicle went under the bumper and hit the fuel tank," he said. "All bets are off if you go under the bumper and the trailer hitch."

NHTSA opened an investigation into the Jeeps in August 2010 at the request of the Center for Auto Safety. The organization said the vehicles' gas tanks were positioned below the rear bumper and behind the rear axle, making them susceptible to rupturing and spilling gasoline in a rear-end crash.

Chrysler, at first, opposed the recall. The company last year issued a statement and three-page white paper report supporting its decision not to voluntarily recall the vehicles, saying the company did "not agree with NHTSA's conclusions and does not intend to recall the vehicles cited in the investigation."

The company's analysis showed the incidents "occur less than one time for every million years of vehicle operation. Additionally, these vehicles met or exceeded all applicable federal motor vehicle safety standards in place at the time they were built."

Chrysler on Friday maintained the SUVs are safe: "These vehicles are not defective and are among the safest in the peer group," it said in a statement. "Of the 26 most severe accidents cited in the NHTSA investigation and for which there is sufficient data to calculate kinetic energy, all exceeded the threshold for compliance with today's more-stringent crashworthiness regulations."

The cited regulations cover the level of integrity fuel tanks must maintain in a crash.

The automaker did move gas tanks on the Grand Cherokee in front of the rear axle in 2005, and did the same thing with the Liberty in 2007. Both moves were in connection to the vehicles being redesigned with new platforms, which automakers plan years in advance.

In Tuesday's crash, the Cadillac struck White's Jeep, forcing it into a 2014 Nissan Cube, which then struck a 2015 Lincoln MKZ as it slowed for traffic.

Police said alcohol does not appear to be a factor. No other injuries were reported.

White graduated from Ferndale High School in 2009 and was a hostess at Andiamo in Bloomfield Hills.

Her Facebook page was flooded after the crash with messages expressing shock and asking for prayers for White and her unborn baby, who White called Braedin in posts.

Visitation for Kayla White will be 2-7 p.m. Sunday, followed by a 7 p.m. service at Hopcroft Funeral Home at 31145 John R in Madison Heights.

Tuesday, April 1, 2014

Graco Adds 403,000 Child Seats To Recall

DETROIT (AP) — Graco Children's Products has added more than 403,000 child seats to last month's recall of 3.8 million to replace faulty harness buckles.

But the added seats won't end a dispute with the U.S. government's road safety watchdog. The National Highway Traffic Safety Administration still wants Graco to add 1.8 million infant seats to the recall because they have the same buckles.

Buckles can get gummed up by food and drinks, making it difficult to remove children. In some cases parents have had to cut harnesses to get their children out. The agency says the problem increases the risk of injuries in emergencies.  A Charlotte Wrongful Death Lawyer said this is a serious problem.

Graco said in a letter to the agency that it found additional toddler and harnessed booster seats that should be recalled.

The 403,222 seats added to the recall include 2006 through 2014 Argos 70 Elite, Ready Ride, Step 2, My Ride 65 with Safety Surround, My Size 70, Head Wise 70 with Safety Surround, Nautilus 3-in-1, Nautilus Plus, and Smart Seat with Safety Surround, according to NHTSA documents.

In its letter to NHTSA, Graco said it didn't include the infant seats because they are used differently than the toddler seats, and because in an emergency, an adult can remove the whole seat from the car rather than unlatch the buckle.

"Graco looks forward to further discussions with the agency to resolve any remaining issues relating to those additional car seats," the letter said.

Atlanta-based Graco, a division of Newell Rubbermaid, has until March 20 to explain why last month's recall didn't include infant seats.

A NHTSA spokesman wouldn't comment and referred a reporter to the agency's previous statements about why seven rear-facing infant seat models should be recalled. A Miami Product Liability Lawyer said the company should be providing more information.

The recall, now at 4.2 million, is the fourth-largest child seat recall in American history. If the infant seats are added, it would be the largest such recall.

Monday, April 30, 2012

BMW Looking At Strange Case of Product Liability

Story first appeared in The Detroit Free Press.

A California man has sued BMW North America and a motorcycle-seat maker claiming that a four-hour round-trip ride on his 1993 BMW bike with a "ridge-like" seat gave him "a severe case of priapism (a persistent, lasting erection)" that's lasted 20 months and counting.

While there have been concerns about narrow "banana" bike seats causing loss of feeling in that area -- for men and women -- this is the first report we've seen of way too much.

The product liability lawsuit against BMW and well-known aftermarket seatmaker Corbin-Pacific (reported first by Courthouse News Service in California) was filed in California Superior Court in San Francisco last Thursday.

The lawsuit alleges that the rider has continued to suffer the erection problem since the September 2010 ride -- and, as we know from Viagra ads, anything past four hours is a problem.

The lawsuit for emotional distress says that the man is unable to engage in sexual activity, which is causing him substantial emotional and mental anguish.

According to the lawsuit, he wants compensation from BMW and Corbin for lost wages, medical expenses, emotional distress and general damage.


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