A state court lacked the authority to compel Japanese employees of Toyota to appear for deposition in a product liability suit, the Court of Appeal has ruled in vacating a discovery order. The plaintiffs sued in state court, alleging that the fatal crash of a Toyota pickup truck was caused by a defective steering rod and that the company failed to implement a timely product recall when it learned of the defect.
This notice describes the reasons for denying a petition (DP10-002) submitted to NHTSA under 49 U.S.C. Subtitle B, Chapter V, Part 552, Subpart A, requesting that the agency conduct ``an investigation of defective products manufactured by Dayton Wheel Concepts, Inc. (`Dayton Wheel' and American Wire Wheel, LLC (`American Wheel').'' The petition listed the allegedly defective products and the alleged defect (which varied by allegedly defective product).
... destroyed, that all defective product be recalled, and that Dayton Wheel provide the notice specifie...
FAIRFIELD, N.J., May 23, 2011 /PRNewswire/ -- SGS North America Inc. announced today that the company's Shanghai lab has become the first Chinese testing facility certified by the U.S. Consumer Product Safety Commission (CPSC) to provide crib safety testing services for compliance with new CPSC rules that take effect next month. The accreditation provides local testing resources for Chinese factories that produce full-size and/or non-full-size cribs destined to be sold in the U.S. The new CPSC regulations were enacted in response to the recall of more than 11 million dangerous cribs since 2007, at least 32 infant suffocation and strangulation deaths associated with detaching drop-side rails since 2000, and additional deaths related to faulty or defective hardware.
...By eliminating the defective products from the market, a recall should render u...
... Products Company ("Century"),1 was defective. On appeal, the Tobers contend that the district c... hazard from misuse, Century voluntarily recalled the Lil' Napper swing in 1997. Century notified ow...
When a court decides to impose a post-sale duty, generally the reasoning for the imposition of the duty falls within one of four categories: "First, a seller may be obligated to warn consumers of a latent defect and an unreasonably dangerous condition associated with the product that was unknown at the time of the initial sale, but which was discovered after the sale.\n"113 When a product possesses a defect at the time of sale, the issuance of a post-sale recall will not absolve a manufacturer of liability. In light of the Third Restatement's creation of a separate post-sale duty, a seller in a jurisdiction recognizing the recall duty could conceivably face liability in strict liability for damages caused by a product possessing defects at the time of sale, and in negligence for the ma...
... issues such as the standards for defective design or warnings.2 Certainly, the drafters had n...
... desire to move quickly to remove defective products from the marketplace because it is statut...
A St. Louis County woman is suing a manufacturer after her hip was replaced with a prosthesis she said should have been fixed as part of a recall. The woman, Sally Altemeyer, missed out on an earlier settlement of a class action lawsuit over the hip replacement part.
...failed to recover defective parts for hip implants to prevent them from being ...The product should have been taken out of stream.". A spokesma...
... on the worldwide stage has been the recall of millions of vehicles by a number of major vehic.... Product liability is one of consumer protection law's thre...They are defective design, defective manufacture and failure to prope...
Companies should be diligent in examining the relationship of product liability claims and effective quality assurance programs. A review of the literature suggests there are many writings about the mechanics of a product liability case, but very little hard evidence to suggest that companies are saving money because of implemented quality initiatives. While liability in this arena is usually borne by an injury that is due to a defect in either design, manufacturing, or marketing materials, suits are generally filed under three broad categories: negligence, breach of warranty, or strict tort liability. Properly implemented quality assurance initiatives will serve a company by tracking all aspects of the operation, from design to packaging, in order to determine where waste and defects a...
...A product is considered defective if it does not provide the level of safety that th... selection and control, warranties, recall procedures, and accident reporting and investigati...
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