Defective Product

Online Shoppers Should Be Wary of Arbitration Agreements

by | December 7th, 2015

As we scurry to wrap up holiday gift shopping, the idea of ordering items online can be alluring. But the Norfolk defective product lawyers at Lowell Stanley Injury Lawyers warn shoppers that ordering online can affect your rights to file a product liability claim.

Many online retailers have begun forcing shoppers to agree to arbitration clauses prior to a purchase. These agreements protect retailers from lawsuits in the event they sell a malfunctioning product and strip consumers of their rights to protection under the law.

An article from The Fiscal Times points out that some of the largest retailers who have adopted the practice include Amazon, Ticketmaster, Starbucks, and Overstock.com.

So what can you do to protect your legal rights while shopping this holiday season? Experts encourage consumers to do shopping at a company’s physical location rather than online, due to the fact arbitration agreements aren’t signed when items are purchased at a store. You can also choose to do any required online shopping with companies that do not force arbitration agreements onto their customers.

At Lowell Stanley Injury Lawyers, we believe in protecting the rights of consumers, and our Norfolk personal injury lawyers hope these tips are useful to you during the holiday shopping season.

Fiat Chrysler Ordered to Buy Back Vehicles

by | July 27th, 2015

Automobile manufacturers in the United States are required to ensure the safety of the vehicles they release to consumers. Unfortunately, numerous safety issues have been discovered in a number of different makes and models in recent years, which has prompted safety regulators to take stern action against automobile companies that produce a defective product.

Take the cases against Fiat Chrysler as a prime example. A report indicates the company will have to buy back or repair as many as 500,000 vehicles that were involved in dozens of recent recalls.

A settlement reached with safety regulators will force Fiat Chrysler to purchase back as many as half a million Dodge Ram pickup trucks that have been the subject of recalls involving faulty steering parts. Furthermore, the company will be required to repair or allow trade-ins on more than 1 million older model Jeeps that are equipped with rear-mounted gas tanks that can be a fire hazard in the event of a crash. The company also faces as much as $105 million in fines as part of the settlement.

An article from WAVY 10 News outlines a list of the makes and models of vehicles that are being affected by the buy backs.

Our team at Lowell Stanley Injury Lawyers believes in protecting the safety of consumers and motorists in Virginia. That’s why our Norfolk personal injury attorneys are hopeful this settlement will provide consumers with more reliable vehicles that perform as they were intended to.

FDA Proposes Defective Product Regulations for Laboratory Developed Tests

by | March 2nd, 2015

Laboratory developed tests (LDTs) are diagnostic procedures that are often used to determine if a child suffers from a genetic disorder. Currently, these tests are overseen by the Centers for Medicaid and Medicare Services. Now though, the U.S. Food and Drug Administration (FDA) has proposed a set of new regulations for these procedures, claiming they have the authority to control these tests as if they were a medical product.

While many believe the new set of regulations can improve patient safety in the medical industry, others believe the new laws could implicate LDTs as a defective product.

An article released by The National Law Review highlights several recent cases in which parents of children suffering from genetic disorders successfully sued laboratories for failing to supply them with accurate test results. This has forced many labs to seek refuge under the Virginia Medical Malpractice Act, which places caps on the amount of damages that can be awarded in cases where a medical professional or facility’s mistake led to a patient suffering harm.

A decision on the new regulations is expected to be released in the near future. In the meantime, the Norfolk personal injury attorneys with Lowell Stanley Injury Lawyers are here to help if you’ve been harmed by a medical error that occurred through no fault of your own. Just give us a call at (757) 459-CASH to get started on your case today.

Study Links Toothpaste Ingredient to Development of Cancer

by | August 25th, 2014

Product liability issues can come in all shapes and sizes, but one of the most common causes for an item to be listed as a defective product is that it contains unsafe chemicals or ingredients. The problem is notorious in the drug manufacturing industry, and each year hundreds of prescription medications are recalled after previously unknown side effects emerge. But over-the-counter medications and other consumer products are also susceptible to product recalls.

Colgate Total toothpaste is the latest consumer product facing scrutiny after officials announced several weeks ago that the product contains a chemical linked to the development of cancer in animals.

Bloomberg BusinessWeek reports the antibacterial chemical triclosan is used in Colgate Total toothpaste as one of many ingredients included to combat gingivitis and tooth decay. However, some studies have linked triclosan to cancer cell growth and malformations in the bones of fetal rats and mice. Researchers believe the chemical may have an effect on the endocrine system, causing problems with hormonal balances.

Colgate maintains that the product is safe, citing its Federal Drug Administration (FDA) approval.  Many scientists say triclosan’s impact on the human body is difficult to isolate and the link to cancer in humans is untested. Though the product was approved by the FDA in 1997, three scientists who reviewed Colgate’s toxicology studies on triclosan at Bloomberg’s request are questioning the approval, saying the FDA may have relied too heavily on company-backed science to establish product safety.

Investigations into the link between triclosan and cancer remain ongoing and there are no plans to recall Colgate Total toothpaste.

At Lowell Stanley Injury Lawyers,  our Norfolk personal injury attorneys have helped numerous clients get back on their feet after suffering injuries or illnesses due to product liability and safety issues. If you have questions about your rights, call us at (800) 208-CASH to learn more about how we can help.

3 Most Common Types of Defective Products

by | June 2nd, 2014

When companies create a new product to release to the market, it must undergo a rigorous set of tests to ensure it is safe for use. Despite the testing and review process, sometimes products that are unsafe for consumers to use still make their way to the public’s hands. That is why it is important to recognize the three most common types of defective products, which include:

  • Problems With Design- When engineers create plans for a product, they are not always identifying the potential issues that may arise. This was made evident when several companies attempted to market metal-on-metal hip implants that prematurely wore and caused patients serious injury. The products were later replaced with a more durable ceramic option.
  • Manufacturing Problems- When the wrong materials are used in the creation of a product, the results can be devastating. The scandal surrounding the separation of Goodyear tires that were installed on Ford Explorer SUVs is a prime example of such a defect.
  • Contamination- When dangerous germs make their way into a product, there is a potential for serious harm. The Listeria outbreak that was connected to cantaloupe from Colorado several years ago underscored these risks.

So what should you do if you have been harmed as the result of a product liability issue? The Norfolk personal injury attorneys with Lowell “The Hammer” Stanley believe getting in touch with an attorney to discuss your legal rights should be the first step. We are available to speak anytime.

Boy injured on Virginia Beach fair ride

by los | July 9th, 2010

July 1, 2010

A boy riding “The Extreme” at a Virginia Beach fair injured his shoulder, according to WVEC.

The ride was shut down and re-inspected by Virginia Beach officials, and it was deemed safe.

According to the ride superintendent, riders should make sure they’ve had a physical in the past year.

The injured boy is expected to be OK.

Read more.

What concerns do you have about Virginia Beach carnival rides? Do you think Virginia Beach safety officials do enough to ensure that these rides are safe for everyone?

If you or someone you know has been the victim of a Virginia Beach defective product, the Virginia Beach lawyers at Lowell Stanley can help.

Liquid fertilizer spilled as result of Virginia defective product

by los | June 8th, 2009

June 4, 2009

The Virginian-Pilot reported more than 2 million gallons of liquid fertilizer spilled as a result of a Virginia defective product in November 2008.

The liquid fertilizer was stored in a fertilizer tank at full capacity along Elizabeth River when the Virginia defective product collapsed and caused the spill.

Safety experts discovered defective welding was the cause for the collapse of the Virginia defective product.

Further inspections were made after the accident occurred with the Virginia defective product. Three other liquid fertilizer tanks were found with defective welding as well as numerous violations of state codes.

Read More

The defective product attorneys at Lowell Stanley can help if you were injured by a Virginia defective product.

Lawsuit filed for Virginia Beach auto accident

by los | March 9th, 2009

March 3, 2009

According to the Virginian-Pilot, a lawsuit was filed against the estate of the driver who caused a Virginia auto accident last November.

The 18-year-old driver was driving his Volkswagon with two teenage passengers when his car drove across the center line and crashed into a van.

All three teenagers were killed in the Virginia Beach auto accident and the driver of the van was seriously injured.

The driver of the van is suing for $1 million and the families of the two teenage passengers are suing for $2 million against the estate of the teenage driver who caused the Virginia Beach car accident.

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The auto accident lawyers at Lowell Stanley can help if you were injured in a Virginia Beach car accident.

One person killed, another injured in Norfolk auto accident

by los | February 25th, 2009

February 24, 2009

According to the Virginian-Pilot, one person was killed and another person was seriously injured as a result of a Virginia auto accident early Saturday morning.

One car was driving on Northampton Boulevard when it was hit from behind by a second car traveling at a high rate of speed. The first car then hit a third car in the Norfolk auto accident.

The driver of the third car was pronounced dead at the scene of the Norfolk car accident and a passenger in the third car was taken to the hospital with serious injuries.

Police are continuing their investigation on the Norfolk auto accident.

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The Norfolk auto accident lawyers at Lowell Stanley can help if you have been injured in a Virginia car accident.

Four cars involved in Virginia auto accident

by los | February 13th, 2009

February 10, 2009

The Roanoke Times reported four cars were involved in a Virginia auto accident on Friday afternoon.

The Virginia car accident occurred on the southbound lanes of U.S. 220 in which both lanes were blocked for two hours.

The driver of a Chevrolet Tahoe was driving in the right lane when it rear-ended a Chevrolet Malibu, which was stopped at a traffic light. The collision caused both vehicles to hit two other cars in the Virginia auto accident.

Passengers in the other cars were taken to the hospital with non life-threatening injuries suffered in the Virginia car accident.

The driver of the Tahoe who caused that Virginia auto accident was charged for reckless driving.

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The auto accident lawyers at Lowell Stanley can help if you have been injured in a Virginia car accident.