Recent Posts in Defective Products/Product Liability Category

According to a recent report from "Natrural News," the massive recall by McNeil Consumer Healthcare (a subsidiary of Johnson & Johnson) of its infants' and children's line of Tylenol products is proving to be even more vicious. The FDA found that the drugs were contaminated with dangerous bacteria, as well as foreign materials that appeared as black specks. In a recent story published by USA Today, it has been revealed that McNeil actually knew about the bacterial contamination but kept shipping the products anyway.

The recent FDA report specified that the drug doses were also not properly formulated by McNeil in its infant and children' medicines, which was part of the reason for the recall. Incorrect concentrations of active ingredients in medicines like these puts potentially millions of children at risk.

If your child has become ill or is suffering from health complications after consuming Tylenol, it's important to speak with an attorney right away. At Lanier Law Group, we have extensive experience in personal injury law, including product recalls and product liability cases. To speak with a North Carolina personal injury attorney at our office about your case, please click here to contact the office today to arrange a consultation.

It seems tobacco companies can be held accountable when a smoker dies from lung cancer. At least that's what a Florida jury felt when they awarded a lung cancer victim's widow $5 million in damages and $12.5 million in punitive damages.

Amanda Hall filed a lawsuit against R. J. Reynolds Tobacco Co. after her husband Arthur died from lung cancer in 1995. Hall was a party in a previous class-action lawsuit against the tobacco company, but a Florida Supreme Court ruling allowed the class members to file individual injury lawsuits based on their respective illnesses.

A spokesperson for R.J. Reynolds Tobacco Co. said the company was disappointed with the verdict and planned to appeal the decision.

If you or a loved one has developed an illness or debilitating condition due to a particular product, you may be able to recover compensation in an injury lawsuit. At Lanier Law Group, we are dedicated to helping victims of all types of injuries recover the compensation they deserve. If there is any possible chance you may have suffered an injury due to a defective or dangerous product, we urge you to consult a North Carolina personal injury attorney at our office today! To schedule an appointment to discuss your legal rights and options, contact Lanier Law Group today at 1-888-CONSULT!

A man who claims he suffered serious burns to his lips after eating an extremely hot fried chicken sandwich at a McDonalds's in Virginia has filed an injury lawsuit against the fast-food giant. However, a federal district court dismissed his case, saying he failed to prove what standard McDonald's was required to meet in handling its food. The court also ruled that the man, Frank Sutton, was to blame for the accident since he failed to exercise reasonable care while eating his sandwich.

But things took a turn last month when the U.S. Court of Appeals in Richmond reinstated Sutton's case after determining that if McDonald's did violate Virginia's food safety laws, Sutton had provided enough evidence for a jury deliberation.

In his lawsuit, Sutton claims that when he bit into his sandwich, scalding hot grease flowed over his mouth, and despite his wife's attempt to cool his lips with ice as soon as the incident occurred, Sutton's lips blistered. According to Sutton's lawsuit, a McDonald's employee said that "this is what happens" when the sandwiches aren't drained properly.

Sutton said that seven months after the incident his lips still hadn't completely healed. He also claims he's had to avoid certain work assignments he thought could make his lips worse. He is suing the McDonald's corporation and the individual franchise for $2 million for medical bills, lost work wages, and pain and suffering.

What Sutton's case comes down to is this: do restaurants have a legal responsibility to ensure their food is safe for the public? Under North Carolina product liability laws, companies have an obligation to ensure their products are safe for public consumption. If a defect stemming from how the product was made or manufactured leads to an injury, the victim has the right to sue the product maker for damages. The same should hold true for food. If you have suffered an injury or health complication after eating a particular brand of food, a North Carolina personal injury lawyer at Lanier Law Group can help you pursue a claim against the individual restaurant, corporation, or both for compensation.

To schedule an appointment to discuss filing a claim, please contact Lanier Law Group today by calling 1-888-CONSULT!

Toyota’s name is being dragged into headlines once again after a motorist in San Diego, California was unable to stop his Prius while driving on the freeway.

According to California Highway Patrol officer Todd Neibert, the brake lights on Jim Sikes’ Prius were flashing on for a period of time and then flashing off, indicating Sikes was trying to pump the brakes. In his report, Neibert also said he could smell the heated brakes within ¼ of a mile of the vehicle, an indicator that the brakes were being used extensively.

When Sikes realized his brakes were failing, he called 911 for help. Officer Neibert eventually caught up to Sikes, who was traveling at about 95 mph on the 8 Freeway. Sikes was able to slow the Prius to about 50 mph and then Neibert told Sikes over a loudspeaker to hit the floor brake and pull the emergency brake simultaneously. Neibert’s advice worked and Sikes was able to come to a stop with no injuries to report.

In his report, Office Neibert said Sikes was about 20 miles away from a steep downgrade and sharp left turn. If Sikes had made it to that location, Neibert believes the outcome would have been catastrophic, if not deadly.

After Sikes got out of the vehicle, he told Neibert that he tried three times to lift the gas pedal with his hands, but was unsuccessful.

The family of a North Carolina teenager who was killed after police tasered him with a stun gun has filed a lawsuit against the gun’s manufacturer.

Darryl Wayne Turner, 17, died of cardiac arrest after Charlotte police officers used a taser on him during a confrontation at the grocery store where he worked. Although the city of Charlotte will not admit to any wrongdoing, they did pay Turner’s family $625,000 last August.

Now Tuner’s family has filed a lawsuit against Taser International, claiming the company failed to warn its customers that the weapon could potentially be lethal if used near the chest.

A spokesperson for Taser International would not comment on the case because it is still pending, but did say the company stands by the safety of their products.

At Lanier Law Group, we offered experienced legal counsel to victims of defective product injuries throughout all of North Carolina. Product makers have a legal obligation to ensure their products are safe for public consumption. Part of that obligation includes making sure any products made available to the public are packaged with proper warning labels. Without warning labels that clearly state the dangers and risks associated with using the product, as well as the proper way to use the product to reduce the risk of injury or death, the designer, manufacturer, distributor, and/or retailer can be held liable for damages in a product liability lawsuit.

In addition to handling defective products claims, we also represent victims of police brutality and excessive force. Sometimes police officers take their position of power and authority a little too seriously and cross the line. If you believe an officer’s use of excessive force led to your injury, you can turn to Lanier Law Group for help.

To arrange a free consultation with an experienced North Carolina personal injury attorney to discuss your claim, contact Lanier Law Group today at 1-888-CONSULT!

A New York man who claims he permanently lost his sense of smell and taste is suing the maker of Zicam Cold Remedy Spray for $75 million.

Paul Buck Jr. worked as the director of operations for an organization called Art Food LLC at the Metropolitan Museum of Art. In his lawsuit, Buck claims he relied on his sense of smell and taste for his job. He claims he used Zicam nasal spray from 2006 to 2009, and now suffers from anosmia, a condition in which a person can longer smell and taste.

Buck’s lawsuit states that Matrixx Initiatives, the company that manufactures Zicam, knew or should have known about studies that proved products containing zinc ions can cause permanent anosmia. The lawsuit says that Matrixx labeled the product in a way that lures consumers into using the spray, putting phrases such as “doctor recommended,” “safe and effective,” and a “patented homeopathic” remedy on the box.

Last summer the Food and Drug Administration issued a warning for all consumers to stop using Zicam nasal products immediately after it received more than 130 reports of anosmia.

The family of a Houston woman who died after crashing into a cement wall has filed a wrongful death lawsuit against Toyota.

The husband of Trina Renee Harris, 34, filed his lawsuit against Toyota Motor Sales U.S.A, gas pedal maker CTS Corp., and Fred Haas Toyota World, the dealership that leased Harris the 2009 Corolla.

The lawsuit describes how Harris died on impact after being unable to stop her car. An investigation found no skid marks on the street where the accident occurred, indicating the brakes in Harris’ vehicle were likely defective.   

In November, Toyota recalled nearly 3.8 million vehicles due to problems with the floor mats and the accelerator, and then last month announced it would be recalling another 2.8 million vehicles to fix a mechanical problem with the cars’ accelerator. The 2009 Corolla was included in that recall.

Harris’ husband, Michael Harris, said he remembers his wife telling him that the car’s accelerator would sometimes move on its own. Harris is seeking $200 million in actual and punitive damages for what he believes is gross negligence on the part of Toyota. 

“I want those who were negligent to be held responsible. This problem was there before Dec. 18 when she died,” said Harris. “I'm extremely angry for my children. She won't be there for the prom. When they get married, she won't be there.”

It is believed Harris’ suit is the third wrongful death lawsuit against Toyota prompted by the acceleration problem.

A spokesperson for Toyota said the company does not comment on pending litigation, and a manager at Fred Haas Toyota World said they haven’t seen the lawsuit yet. CTS Corp has not made any comments.

If you or someone you know has been injured or killed due to a defect with a Toyota or Lexus vehicle, you may have grounds to file a lawsuit. The attorneys at Lanier Law Group have extensive experience in this area of law, and can provide you with the skilled and resourceful representation needed to pursue a product liability and/or wrongful death lawsuit against the appropriate parties.

To schedule a free consultation with a North Carolina personal injury lawyer at Lanier Law Group, contact the office today by calling 1-888-CONSULT!

In January, Toyota Motor Corp. issued a massive recall of millions of its vehicles after a class action lawsuit was filed against the corporation. The lawsuit claims that several Toyota models have a faulty electronic throttle-control system that could cause the vehicle to accelerate suddenly without input from the driver and against the driver’s intentions.  

Last week, Toyota said it would immediately stop the sale of new models of the Camry, Avalon, RAV4, and Tundra, some of the company’s top-selling vehicles.  So far, the company has recalled the following models:

• 2009-2010 RAV4 crossover
• 2009-2010 Corolla
• 2009-2010 Matrix hatchback
• 2005-2010 Avalon
• 2007-2010 Camry
• 2010 Highlander crossover
• 2007-2010 Tundra pickup truck
• 2008-2010 Sequoia SUV

The class action lawsuit claims these aren’t the only models consumers should be concerned about. Allegedly several other models are at risk, including:

• 2007-2008 FJ Cruisers
• 2003-2008 Tacoma pickup truck
• 2002-2009 Camry
• 2000-2009 Tundra pickup truck
• 2001-2009 4Runner SUV
• 2001-2009 Land Cruisers
• 2005-2009 RAV4s
• 2001-2009 Sequoias SUV
• 2004-2009 Sienna van
• 2005-2009 Corollas
• 2004-2009 Highlanders
• “Lexus models" from 1998 to 2009

None of the company’s Lexus models have been recalled yet.

The lawsuit also claims that Toyota, as Toyota Motor North America, deceptively concealed numerous consumer complaints regarding acceleration incidents that lasted more than one second or if the driver couldn’t stop the acceleration after applying the brakes.

Toyota Motor Corp., as well as its North American and West Virginian subsidiaries, have all been named as defendants in the lawsuit.

Acer American Corp is recalling 22,000 Aspire-series notebook computers after receiving complaints that the notebooks were short circuiting and overheating, posing a risk of burn injury to users.

At this time, no injuries have been reported, however, the company is concerned injuries could occur, which is why it has issued the recall.  

According to the Consumer Product Safety Commission, the California-based company has received three separate reports of the plastic external casing melting after the computers short circuited, which officials say is caused by an internal microphone wire under the palm rest.

Model Information

The following is a list of the notebook models that have been recalled:

• AS3410
• AS3410T
• AS3810T
• AS3810TG
• AS3810TZ
• AS3810TZG

The computers were made in China and sold at a variety of locations, including ABS Computer Technologies, Fry’s Electronics, Radio Shack, D&H Distributing, Ingram Micro, Tech Data Corporation, Synnex Corporation, SED/American Express, SYX Distribution, and several other retailers throughout the country.  The computers were sold from June 2009 through October 2009 for anywhere from $650 to $1,150.

If you are unsure whether or not your computer is included in the recall, you can contact Acer for more information.  If your computer is one of the models that has been recalled, you should contact the company for a free repair.