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Product Liability

The attorneys at Martin & Jones have a long history of representing injured people, in what are known as product liability claims. A product liability claim arises when an individual is injured or killed by a defective product. The injury can occur in the home, at the workplace, in your automobile, or during recreational activities.

According to the United States Consumer Product Safety Commission (CPSC), every year tens of thousands of children and adults are either injured or killed by an unsafe and defective product.  Unsafe products can be found in use by any age or generation. Some examples of defective products may include a child's crib, toys, power tools, ATVs (all terrain vehicles), gas appliances and poorly made medical devices.  More often than we would like, products are manufactured in violation of existing safety standards or are manufactured improperly so that they become a hazard to those using the product.  Manufacturers sometimes delay recalling unsafe and defective products, and at other times the products are simply not recalled.  

Defective products can result in the following types of injuries:

  • Electrocution
  • Poisoning
  • Burns
  • Lacerations
  • Amputations
  • Drownings
  • Strangulation
  • Asphyxiation
  • Choking
  • Chemical Burns
  • Toxic Exposures

While it is impossible to describe all circumstances under which a product may result in an injury or death, if you or a loved one have been injured by a product that you think may be defective or unsafe, please call our attorneys for a free, confidential, no obligation consultation.

Statutes of Limitation

There are time limits in which claims must be pursued against a manufacturer or seller of a defective product.  These time periods are known as statutes of limitation or statute of repose, and they vary from state to state.  Accordingly, if you have been injured by a product that you believe was defective or unsafe, you should contact a qualified lawyer to investigate the matter.  It is critically important to attempt to retain the product while any investigation is being pursued since without the product it would be difficult or impossible to pursue a claim.  

The U. S. Consumer Products Safety Commission's (CPSC) publishes information about recently discovered unsafe products.  Visit "The Safety Review" for the latest recall information from the Commission.

Stryker Hip Implant Lawsuit

Stryker, a major ortho hip implant manufacturer, issued a voluntary FDA recall of two hip replacement systems.  The Rejuvenate and the ABG II modular-neck stems were recalled due to revisions potentially associated with fretting and/or corrosion at or about the modular neck junction.

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Trinity ET-Plus Guardrail

Highway guardrails designed and manufactured by Trinity Highway Products, LLC, are being investigated for not performing as they were intended. Hundreds of crashes and as many as 20 deaths around the country have been linked by critics to the potentially faulty design.

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DePuy Hip Implant Recall

After receiving a Warning Letter from the U.S. Food and Drug Administration (“FDA”), Johnson & Johnson recently announced that it was recalling two kinds of hip implants made by DePuy Orthopaedics, a unit of Johnson & Johnson.

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General Motors Recall

On February 7, 2014, General Motors issued a recall on Chevy Cobalt model years 2005-2007 and the 2007 Pontiac G5. On February 25, General Motors expanded the recall to include the 2006-2007 Chevy HHR, the 2003-2007 Pontiac Solstice, the 2003-2007 Saturn Ion and the 2007 Saturn Sky.

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Recalled Medications

Virtually every year thousands of patients suffer injury and even death as a result of prescription medications.  Whether it is a previously unreported side effect of a drug, a serious adverse reaction to a drug, the interaction between two drugs causing injury, or a medication error, prescription drugs can be dangerous and even fatal.

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YAZ/Yasmin Birth Control Pill

The birth control pills YAZ® and Yasmin® contain drospirenone, a progestin that has been linked to serious health risks such as deep vein thrombosis and pulmonary embolism. The FDA requires a black box warning with YAZ® and Yasmin®.

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Defective Gas Can Burn Injury

If you have a yard and mow your own lawn, chances are you own a plastic gasoline can.  Most people think of these red, plastic gas cans as cheap and effective for storing and dispensing gas.  But what most people don't know is that these gas cans, under certain usage situations, can literally transform into exploding bombs.  Thousands of children and adults have been severely burned or killed by exploding plastic gasoline cans.

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A 9-year-old girl’s grandparents bought a plastic pool from K-Mart manufactured by General Foam Plastics. On the very first day of use, the 9 year old was walking up the ladder when the PVC plastic pipe railing broke and she fell across the jagged edge of the broken PVC pipe.

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A 48-year-old woman was prescribed a new "painkiller," which was similar to several other painkillers already on the market.  However, due to a defective design in this particular medication, it tended to cause liver failure.

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