Product Liability & Recalls

Gas Furnaces Recalled Over Fire Hazard

Caution symbolThe U.S. Consumer Product Safety Commission (CPSC), along with Health Canada, announced the recall of nearly 226,000 home furnaces. The furnaces are manufactured by Unitary Products Group (UPG) of York International Corp of York, Pennsylvania, and have been linked to home fires.

York issued a voluntary recall after reporting that the potential exists for the furnaces to overheat and cause the heat-exchanger to crack and create openings that allow flames to be exposed. This poses a fire and smoke to consumers.

The same furnaces had previously been recalled in 2004 when the company received 27 reports of fires. As of the recall announced Feb. 3, the company had received nearly 400 reports of related incidents.  Although no injuries have been reported, extensive property damage has been reported.

The recall involves Coleman, Coleman Evcon and Red T brand furnaces.  […]

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Ford Motor Company Found Negligent in $73 Million Lawsuit

The Sacramento Bee reports a Sacramento Superior Court jury found Ford Motor Company negligent in informing dealers and owners of defective tires on their E-350 Econoline van, and they must pay $73 million for a crash that killed two people and injured two.

The accident happened more than seven years ago in Kern County, CA after the tread on the rear right tire separated causing the van to skid off I-5 flipping at least four times.  Goodyear Tire and Rubber Company, who settled out of court, had contacted Ford alerting them of the tire defect.  Ford did not distribute that information to their dealers or customers.

The auto company must pay $50 million in punitive to the families in the suit.  The remaining amount in damages was distributed to the family of a man who died in the accident, and the two others injured.  […]

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Woman Who Lost Arm To Receive $8.8 Million

In 2004, a 16-year-old girl got the pocket of her coat caught on a bolt protruding from the drive shaft of an auger-like post-hole digger operated by her stepfather.  Her arm wrapped around the auger resulting in the of her arm.

A New York jury hearing the case in State Supreme Court decided the manufacturer of the digger, Ford New Holland (now known as Case New Holland) sold a defective product and awarded the now 21-year-old girl $8.8 million.  The jury placed 35% of the blame on Case New Holland and 30% each on Peter A Smith, the owner of the digger and the person who loaned the digger to the stepfather, and on SMC Corp. from Sioux Fall, S.D., the company who assembled the digger.

The bolt that caught on the girl’s coat was supposed to be covered by a shield, but the shield broke and was removed by Smith, […]

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Mitsubishi Faces Wrongful Death Suit After Rollover Crash

The parents of a 17-year-old boy who was killed in 2009 when the 2000 Mitsubishi Montero in which he was riding rolled over has filed a suit against the automaker, reports The Salem News.

The Ipswich, MA, teen and a 16-year-old girl were thrown from the back seat when the young driver who was unfamiliar with the road, lost control and rolled over on a curve just north of Route 60 in Revere.  Both were killed.

The lawsuit claims the “unreasonably dangerous” design of the Montero is to blame and that Mitsubishi Motors North America is liable.  This lawsuit adds to the already numerous ones around the country filed against Mitsubishi which alleges the SUV is top heavy – thus making it more likely to roll – and the manufacturer should have put an electronic stability control on all of its models.  […]

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$1.36 Million Award Over Asbestos in Cigarette Filters

Man develops asbestos-related cancer from “healthier” cigarette filters produced in the 50’s

In a rare victory against the Lorillard Company and its “Micronite” cigarette filters, a San Francisco jury has awarded $1.36 million to an ex-smoker who claims he developed a form of cancer from the filters on Kent cigarettes in the 50s, reports FairWarning.

Lorillard produced its “Micronite” filter for Kent cigarettes from 1952 to 1956 claiming it was the “greatest health protection in cigarette history” because it removed more tar and nicotine than the competitor’s filters.  It was later disclosed the Micronite tip contained highly toxic crocidolite – “African blue” – asbestos.

The 73-year-old terminally ill man was diagnosed with mesothelioma, an asbestos-related cancer, in 2009 and had a lung removed last year.  The jury found he smoked Kents when they had the Micronite filter containing asbestos in the 50s and that both Lorillard and Hollingsworth & […]

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