Wal-Mart Stops Selling Miley Cyrus Necklaces Due to Toxicity Concerns

Retailers can be held liable in a product liability lawsuit if the product they are selling caused injury to other people. This may be the primary reason why Wal-Mart has decided to pull out a line of necklaces, which were made after 17-year-old singer and actress Miley Cyrus, after several tests revealed that they have high levels of metal cadmium.

According to reports, the retailer issued the statement hours after the initial findings were released. It announced that the jewelry will be removed while investigation is being conducted.

Wal-Mart also said that though children are not the intended buyers of the necklace, there is still a chance that some of them might try to look for it in stores.

Cadmium, which is a toxic substance, will not be dangerous if the jewelry containing it is simply worn. However, problems may arise if children suck or bite the necklace, like many of them would have done.

Long-term exposure to this substance can result in kidney failure and bone softening. In addition, research findings revealed that it can stop a child’s brain development, just like the effect of lead.

Fish Oil Supplements Can Cause Cancer, Manufacturers Sued

Being healthy is an ideal goal for most people and for people who wanted to be fit and fabulous, regular exercise, a healthy diet and vitamins like fish oil supplements are necessary to achieve that goal.

But health buffs who have included fish oil supplements in their diet however, would be aghast to find out that at least 10 types of fish and shark oil supplements contain polychlorinated biphenyl (PCB), a toxic substance that may cause cancer.

An environmental organization, Mateel Environmental Justice Foundation sued manufacturers such as Solgar, Now Health Group, GNC, Omega Protein Inc., Twinlab and Rite Aid. The following are the products tested for PCBs:

• Nature Made cod liver oil and odorless fish oil
• Twinlab Norwegian cod liver oil and emulsified Norwegian cod liver oil
• Now Foods shark liver oil, double strength cod liver oil and salmon oil
• Solgar 100 percent pure Norwegian shark liver oil complex and Norwegian cod liver oil
• GNC liquid Norwegian cod liver oil

The lawsuit is anchored on California's Property 65 which requires that manufacturers should warn consumers about products contain toxic ingredients.

PCBs have been banned for more than 30 years ago after scientists found that exposure to the compound was linked with cancer, reproductive problems and damage to the nervous system.

Product liability does not only involve defective or dangerous cars, toys, and a smorgasbord of other goods, it also extends to medicine or pharmaceutical products. Under the law, all product manufacturers have a duty to produce safe products and protect consumers from any hazard associated with its use.

The doctrine of strict liability is applicable for defective products and dangerous drugs like fish oil supplements – this means that regardless of whether or not the manufacturer was negligent in the manufacture or design of the product, they are liable for any injury incurred by the consumer of their products.

If for example, a person who has been taking fish oil supplements for years discovers that he/she has cancer and this is attributed to taking the said medicine, the consumer can rightfully file a claim for damages under personal injury law. In case of death, his decedents may likewise file a case of wrongful death against the manufacturing company who is responsible for selling such dangerous products out in the market.

Picking Safe Toys for the Holidays

For children, Christmas is not Christmas, if they don’t receive any toys.

But in its 24th annual Trouble in Toyland report, the U.S. Public Interest Research Group (PIRG) has warned holiday shoppers to avoid dangerous toys, namely those with small parts, make loud sounds, made of soft plastics and have lead contamination.

Aside from toxic toys which contain excessive levels of lead, the PIRG is locking down on toys with small parts that can choke children younger than 3-years-old. According to the PIRG, choking is the number one cause of toy-related deaths and injuries and there are a lot of toys which just barely meet the federal standards on small parts.

A good indicator for potential small parts choking hazard is if a toy can fit into a toilet paper tube then it is too small for children under three.

Two toy hazards the group also focused on are toys which make loud sounds and soft plastic toys which may contain a chemical called phthalates.

The report found that 15 percent of children between 6 and 17 years old showed signs of hearing loss. Phthalates, which is widely used to make plastic products softer and can adversely affect children’s health, was recently found in a child’s lunch bag and a purse.

The Toy Industry Association in response to the report said that, "Consumers have every reason to trust the safety of the three billion toys sold in America each year."

In case you’re working on your Christmas list, the PIRG is advising to check for toy safety at http://toysafety.mobi through your mobile phones before buying gifts for kids.

Who knew that something as seemingly insignificant as a toy can be so dangerous to a child? But indeed, toys today have proven to be both fun and fatal, with most of their defects hidden and latent.

Under the product liability law, manufacturers, distributors, and suppliers may be held liable for manufacturing defects if consumers or children are hurt because of toy errors made in the manufacturing process and those with poor-quality materials or shoddy worksmanship.

While parents have a legal recourse should the toys hurt their kids, it’s always best to put safety first and choose your gifts wisely.

A Million Strollers Recalled; Accidents Have Been Reported

Maclaren, one of the leading stroller manufacturers, has recently announced recalls of around a million strollers because of incident reports indicating that the stroller’s hinge has sliced off children’s fingertip.

The recent recall has been because of reports that twelve children had their fingertips cut off because of the hinge of their strollers.

The company apparently saw the potential danger to their customers and so they issued recalls on strollers that were made since 1999.

Other victims of this product liability must immediately seek the help of a personal injury lawyer who will see to it that the pain and suffering of the child, as well as the expenses paid by his parents, will be properly compensated.

Deadly Play: A Product Liability Case

Apparently, it looks like “Chuckie” (Child’s Play) isn’t the only dangerous toy to give your children.

A series of recalls were made by toy maker Mattel Inc. and its Fisher-Price subsidiary in 2007, of nearly 2 million popular Big Bird, Elmo, Dora and other toys because of excessive levels of lead found in the paint on the toys. Barbie doll accessories and "Sarge" toy cars were also part of the recalls.
A $2.3 million civil penalty will be paid by both companies for lead paint violation involving children's toys according to the Consumer Product Safety Commission.

Mattel and Fisher-Price were among dozens of manufacturers that yanked millions of Chinese-made toys from store shelves in the months leading up to the 2007 holiday shopping season. The recalls made parents uneasy as they shopped for gifts for small children.

According to the Center for Disease Control, approximately 250,000 U.S. children aged 1-5 years have blood lead levels greater than 10 micrograms of lead per deciliter of blood.

Lead poisoning in children can cause neurological damage, delayed mental and physical development, learning deficiencies, and other problems. At very high levels, it can cause seizures, coma, and even death.

Product liability, especially in cases of lead poisoning is an actionable claim. Treatment can be costly so if your child happens to be a victim of toy lead poisoning, it is of utmost importance that you quickly make a move that will save his life at the earliest opportunity.

Fisher Price Recalls 3 in 1 High Chair

Fisher Price had yet again joined the bandwagon of companies that ordered recalls of their own products from the market. The recall was prompted by a report of a child who sustained a skull injury in an accident using the company’s high chair product.

The Fisher Price 3 in 1 high chair had been recalled due to its faulty features. The seat descends or leans backwards from its high chair frame when the booster seat button is released while the child is still seated. Moreover, the seat back can separate if not fully snapped in place. These features pose great fall hazard to young children.

The company voluntarily ordered the recall of all Mexico-manufactured high chairs which were sold exclusively at Target for $100.

Authorities advised consumers especially those who already purchased one to stop using the product immediately.

Products intended for children must be checked and scrutinized before they are sold. As young children are oblivious to dangers, they are the ones most likely to get hurt. Otherwise, manufacturers, distributors, and sellers can be held liable for injuries and harm caused by defective products under product liability.

In addition, parents must also ensure that all products being used, eaten or consumed by their children are manufactured by companies which have high regard for safety.

Proximate Cause in Proving Product Defect Liability

People always talk about proximate causes in dealing with suits concerning accidents including product liability defect claims. What does proximate cause really means?

In product liability suit, a plaintiff must prove two things in order to claim damages from defendant. These two elements are:

1. Proof that the product was defective when it left the hands of defendant; and
2. Proof that the defective product was the proximate cause of plaintiff’s injuries.

A defective product is said to be a proximate cause of an injury if the injury was a direct, natural, or probable result of the defect's existence. In the end, the likelihood of plaintiff’s being able to claim damages against defendant rests on the real cause of plaintiff’s injuries.

If there is no other factor that could cause the injury aside from the defective product then pursuing claims for damages is easy. However, in cases where evidence indicates that the injury could have resulted from a number of causes, the case becomes complicated.

For instance, if the plaintiff was burned when he or she removed the glass pot from a drip coffee maker to pour a cup of coffee and the pot separated from the handle, a defect in the way the handle was attached to the pot could be one cause. Another cause, however, would be the fact that the plaintiff had previously dropped the pot on the floor and had heated it on the stove top, contrary to the manufacturer's instructions. In this case, proximate cause for proving liability will be harder to prove.

Similarly, if you are injured after altering a defective product, your alteration of the product may be the proximate cause of your injury and not the actual defect of the product.

Remember, proximate cause means the real cause of the injury. Figure this out first before you spend a lot of money pursuing your possible claims.