How Can My Kids Be Injured By Defective Children’s Products?

Web Admin - Wednesday, May 15, 2019
Inverness defective products lawyer child injuryAs parents, we go to extraordinary lengths to keep our children safe, and we expect others to do so as well. The manufacturers of children’s products should take care to ensure that these items are safe for children and parents to use, and there are a multitude of laws in regulations in place that are meant to keep dangerous products from entering the market. Unfortunately, some companies fail to follow these regulations, or they commit oversights when rushing a product to market, and as a result, defective or dangerous products are sold to consumers.

Since children are especially vulnerable to harm, they can suffer serious injuries because of defective toys, clothes, baby care products, child safety products, and much more. The Consumer Product Safety Commission (CPSC) regulates most children’s products in the United States, and when dangerous products are discovered, the CPSC may require the company to recall the product.

Some recent recalls of children’s products include:

- Rocking infant sleepers - Two manufacturers have recalled all models of their infant rocking sleeper beds. Multiple babies died of suffocation after rolling onto their stomachs because they were not properly restrained while in these sleepers.
- Child bed canopies - A light-up canopy for children’s beds was recalled because the lights could overheat and cause the canopy to catch on fire, leading to serious burn injuries.
- Wooden toys - Multiple types of toys made of wood were recalled, because they contained small parts that could come loose and present a choking hazard for children.
- Clothing - Clothing manufacturers have recalled children’s sleepwear and bathrobes because they did not meet standards for flammability, causing the risk of serious burn injuries for children. Other types of clothing, such as jackets, snowsuits, and shoes, were recalled because of choking hazards from zippers or other components that could become detached.
- Bed rails - One company recalled portable rails for children’s beds because they could cause entrapment and suffocation for children.
- High chairs - One manufacturer recalled convertible high chairs because the legs could become detached, causing fall injuries that could result in brain injuries, broken bones, or dislocated joints for children.
- Baby carriers - A child carrier was recalled because of a defective clip that could cause dangerous fall injuries for babies.
- Bath seats - A support seat to use while bathing infants was recalled because it did not meet the standards for stability. The seats presented a drowning hazard because they could tip over, or a child could slip out of the supports.
- Playground equipment - Some playground parts have been recalled because gaps in railings or handholds are too large, presenting a risk of entrapment and strangulation for children.

Contact a Rolling Meadows Product Liability Lawyer

If your child has been injured while using a defective or dangerous product, the attorneys at Drost, Gilbert, Andrew & Apicella, LLC can help you understand your options for pursuing compensation from a negligent product manufacturer. We will fully investigate the circumstances of the injury and determine whether can recover damages because the product had a design defect or manufacturing defect or because the proper instructions or warnings were not provided. To schedule a free consultation, contact our Barrington personal injury attorneys at 847-934-6000.

Ken ApicellaAbout the Author: Attorney Ken Apicella is a founding partner of DGAA focusing in the areas of personal injury, employment, insurance coverage disputes, and civil litigation. Ken earned his J.D. from DePaul University College of Law in 1999. He has been named a SuperLawyers Rising Star and a Forty Illinois Attorneys Under Forty to Watch. Ken has written and lectured for the Illinois Institute for Continuing Legal Education and regularly serves as a moderator at Northwest Suburban Bar Association's Continuing Legal Education seminars.


Lawsuits Claim Monsanto's Roundup Weedkiller Causes Cancer

Web Admin - Monday, September 24, 2018
Des Plaines toxic chemical injury lawyerAs a school groundskeeper in northern California, Dewayne Johnson sprayed an estimated 150 gallons of Monsanto’s glyphosate-based weedkiller Roundup 20 to 30 times a year between 2012 and 2016. He continued this work even after being diagnosed with cutaneous T-cell lymphoma (a type of non-Hodgkin’s lymphoma) in 2014. Despite aggressive chemotherapy, the disease advanced, causing thick, painful skin lesions over most of his body. In 2016, Mr. Johnson filed a personal injury lawsuit in federal court against Monsanto, alleging that Roundup contributed to his cancer and that the manufacturer knew that the chemical was hazardous but failed to provide sufficient warnings to users. 

On August 10, 2018, with his disease in the terminal stage and doctors estimating he had just months to live, the 46-year-old plaintiff was awarded $39 million in compensatory damages and $250 million in punitive damages by a San Francisco jury. 

An estimated 8,000 lawsuits have now been filed against Monsanto by Roundup users who developed non-Hodgkin’s lymphoma or other types of cancer. In addition to the multidistrict federal cases, lawsuits have also been filed in state courts in California, Delaware, Missouri, and Montana. 

Scientists and Studies Differ on Roundup’s Safety

On one side, Monsanto claims that hundreds of studies have shown that glyphosate is not a serious health hazard to humans. The company also denies any link between Roundup and cancer. In the Johnson trial, the plaintiff pointed out that non-Hodgkin’s lymphoma can develop very slowly, showing no symptoms for years; therefore, Johnson’s illness could well have begun prior to 2012, when he began working with Roundup.

In December 2017, the U.S. Environmental Protection Agency (EPA) released a draft report on glyphosate which concluded that “glyphosate is not likely to be carcinogenic to humans” when used according to label directions. The EPA stated that its findings “are consistent with the conclusions of science reviews by a number of other countries as well as the 2017 National Institute of Health Agricultural Health Survey.”

On the other side, the International Agency for Research on Cancer (a subsidiary of the World Health Organization) classified glyphosate as “probably carcinogenic to humans” in a 2015 report. It was classified under level 2 out of four levels, where level 1 is “carcinogenic to humans” and level 3 is “possibly carcinogenic.” 

"This jury found Monsanto acted with malice and oppression because they knew what they were doing was wrong and doing it with reckless disregard for human life," said Robert F. Kennedy Jr., a member of Johnson's legal team. 

Consult a Rolling Meadows Personal Injury Attorney 

If you suspect that you or family member has been harmed by exposure to a toxic chemical, such as the glyphosate in Roundup, talk to an experienced Schaumburg personal injury lawyer. The attorneys of Drost, Gilbert, Andrew & Apicella, LLC will carefully review your case and recommend a course of action. If we determine that you have a strong case, we will fight relentlessly for your right to compensation for your losses. Contact us at 847-934-6000 to schedule a consultation.

Ken ApicellaAbout the Author: Attorney Ken Apicella is a founding partner of DGAA focusing in the areas of personal injury, employment, insurance coverage disputes, and civil litigation. Ken earned his J.D. from DePaul University College of Law in 1999. He has been named a SuperLawyers Rising Star and a Forty Illinois Attorneys Under Forty to Watch. Ken has written and lectured for the Illinois Institute for Continuing Legal Education and regularly serves as a moderator at Northwest Suburban Bar Association's Continuing Legal Education seminars.


GM Faulty Ignition Switch Cases

Web Admin - Friday, January 27, 2017
Arlington Heights product liability lawyersDriving is such an integral part of our lives today. It’s an inescapable part of our daily routine. And like many appliances, machinery and technology we use, we expect them to be manufactured to the highest standards and with warranties in place to protect us. The outcry over General Motors (GM) and certain cars with faulty ignition switches, is now before a federal court, with the first case underway in New York.

If you suspect that a faulty mechanism in a GM manufactured car, caused serious injury to you or a loved one, speak with a personal injury attorney today who can determine if a legal case has the merits to proceed which could mean a cash award if you are successful.

The Fault and Knowledge

GM was recently fined 900 million dollars as a result of a criminal suit for deaths that that arose from certain makes and models with faulty ignition switches. 124 people died behind the wheel of cars with this defect. The defect lead to cars actually shutting off in the midst of being driven, disabling the airbag, power steering and power brakes. This is clearly serious defect putting innocent lives in harm’s way.Disturbingly, the ignition defect was known to the company years in advance of the actual recall being issued. And while civil cases involving serious injuries and death have been settled, personal injury and wrongful death suits in the hundreds have now commenced.

Federal Regulation - The Process of Recalls

The National Highway and Transportation Department (NHTSA) is tasked with overseeing the automotive industry and ensuring proper safety standards are maintained to protect consumers.Usually NHTSA technical experts investigate to deem whether or not an issue exists that would warrant the issuance of a recall. However, in some instances a manufacturer voluntarily implements a recall but in others they are court ordered. If a manufacturer discovers a defect, they are obliged to notify NHTSA, but unfortunately, that is not always the case. In this highlighted case, GM knew of the defect but did not notify NHTSA in a timely manner.

Caring and Experienced Legal Counsel

When you get behind the wheel, you may encounter several potential incidents due to distracted, drunk impaired or speeding drivers. What if the very car you are sitting in can put you at risk for catastrophic injury or harm? That is the case with GM and several vehicles that had a faulty ignitions switch that led to deaths and injuries. GM has been noted to have not filed the recall as promptly as they should have, made claims that the problem was not pervasive enough to be a safety concern and possibly putting profits and reputation above the safety of loyal customers. To know that the fix could have only cost as little as one dollar, is a slap in the face of the loved ones left without theirs.

If you or someone you know experienced a possible ignition switch defect in a GM Chevrolet, Saturn or Pontiac and suffered a serious injury call the Arlington Heights personal injury lawyers at Drost, Gilbert, Andrew & Apicella, LLC today. The consultation is personalized to suit your needs, and the advice is invaluable. If you decide to move forward, we will fight to get you the compensation you and your loved ones deserve.

Ken ApicellaAbout the Author: Attorney Ken Apicella is a founding partner of DGAA focusing in the areas of personal injury, employment, insurance coverage disputes, and civil litigation. Ken earned his J.D. from DePaul University College of Law in 1999. He has been named a SuperLawyers Rising Star and a Forty Illinois Attorneys Under Forty to Watch. Ken has written and lectured for the Illinois Institute for Continuing Legal Education and regularly serves as a moderator at Northwest Suburban Bar Association's Continuing Legal Education seminars.


Strict Product Liability Claims

Web Admin - Monday, September 21, 2015

When an individual is injured by a product, recovery of damages may be possible through a products liability claim. Under this type of claim, manufacturers, sellers, or other suppliers of products are held liable to consumers who are harmed by those products. And in some cases, product liability claims may fall under the theory of strict liability.

Defective Products

In order to recover under a products liability claim, the plaintiff must show that the product was dangerous or defective. Generally, the law requires that products meet the ordinary expectations of consumers. When a product defect exists, those expectations are not met. A defective product is one that, at the time of its sale or distribution, contains a manufacturing defect, is defective in its design, or that has a marketing defect.

A manufacturing defect occurs when a product is not made according to its intended design. A design defect occurs when the foreseeable risks of harm posed by the product could have been reduced or eliminated by the adoption of a reasonable alternative design. A product contains a marketing defect when it has inadequate instructions or warnings and the foreseeable risk of harm could be reduced by the inclusion of reasonable instructions or warnings. Additionally, the omission of such instructions or warnings must cause the product to be unreasonably dangerous.

Strict Liability

Pursuant to Illinois law, product liability claims are any action based on strict liability brought against the seller, manufacturer, or distributor of a product that causes personal injury. Under this type of claim, a defendant pays for harm caused by a product even though the defendant did not act intentionally or negligently. In other words, the defendant’s actions or behavior is not relevant to the determination of liability. Rather, for a strict liability claim, the plaintiff must show the following:

  1. 1. The injury resulted from a condition or defect of the product manufactured or sold by the defendant;
  2. 2. The condition or defect of the product was unreasonably dangerous; and
  3. 3. The condition or defect existed at the time that the product left the control of the manufacturer.

Product liability claims are commonly brought against the manufacturer of a product, but they may also be brought against:

  • - Manufacturers of component parts that go into a product;
  • - Parties that assemble or install a product;
  • - Wholesalers;
  • - Retail stores that sell a defective product to a consumer; or
  • - Under Illinois law, anyone involved in the placement of a product into the stream of commerce.

Under the statute of limitations, product liability claims must be brought within two years of the date on which the plaintiff knew, or should have known through the use of reasonable diligence, of the personal injury.

Product liability claims can provide compensation for victims, while also holding those involved in the production and sale of defective products accountable. For more information about product liability claims, contact a dedicated Illinois personal injury attorney today. Our firm provides representation throughout the northwest suburbs, in the communities of Crystal Lake, Schaumburg, Palatine, Des Plaines, Rolling Meadows, Buffalo Grove, Barrington, Arlington Heights, Inverness, and Deer Park.

Ken ApicellaAbout the Author: Attorney Ken Apicella is a founding partner of DGAA focusing in the areas of personal injury, employment, insurance coverage disputes, and civil litigation. Ken earned his J.D. from DePaul University College of Law in 1999. He has been named a SuperLawyers Rising Star and a Forty Illinois Attorneys Under Forty to Watch. Ken has written and lectured for the Illinois Institute for Continuing Legal Education and regularly serves as a moderator at Northwest Suburban Bar Association's Continuing Legal Education seminars.



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