Defective Product
California’s Court of Appeals Amazon Product Liability Decision: Latest News
August 23rd, 2021
|The recent decision by California’s Court of Appeals regarding Amazon’s product liability in defective products sold by third parties on its platform may have profound repercussions not just for Amazon but for operators of all e-commerce sites.
The April 26, 2021, decision in Loomis v. Amazon.com LLC went against Amazon in a development likely to open doors to more lawsuits and redefine industry norms. Amazon and others may now be held liable for injuries sustained due to defective products sold on their platforms in the state of California.
What Was the Case About?
Loomis v. Amazon.com LLC was a lawsuit brought by plaintiff Kisha Loomis against Amazon for injuries sustained while using a defective hoverboard. The hoverboard was purchased from a third-party seller, TurnUpUP (a username employed by a Chinese company, SMILETO), through Amazon’s website.
Plugged in, the hoverboard caused a fire in which Loomis sustained injuries to her hand and foot. California’s Court of Appeals was charged with deciding whether strict liability could be attributed to Amazon for Loomis’ injuries.
In its defense, Amazon argued that it was not liable for Loomis’s injuries because it was only a service provider and not the seller or manufacturer and therefore wasn’t subject to strict product liability.
The Decision
The Court leaned on Bolger v. Amazon LLC, a 2020 decision by the California Court of Appeals. The Court found Amazon liable for the cost of injuries arising from defective products because it was an integral part of the overall supply chain.
Consequently, the Court found that Amazon played a role in ensuring product safety according to its own Business Solutions Agreement (BSA), making it a direct link in the vertical chain of distribution. Because Amazon was pivotal in supplying the hoverboard to Loomis, it played a role in ensuring product safety and could therefore be held strictly liable under California’s strict liability doctrine for Loomis’s injuries.
What’s Happening Now
Amazon is now considering whether to appeal the case at the California Supreme Court. While the high court passed on taking up the Bolger v. Amazon case, it may be more likely to consider Loomis v. Amazon LLC, given its broader ramifications for Amazon and other e-commerce sites. Meanwhile, a bill to govern online marketplace liability has been reintroduced in the California Legislature.
Elsewhere, a similar suit in Texas seeking to hold Amazon liable for a toddler’s injury was struck down by the Texas Supreme Court in a 5-2 opinion on June 25, 2021, finding that Amazon was not a seller in the matter. Nevertheless, Amazon is likely to be held increasingly liable in the wake of the California decision.
If you have been injured by a defective product purchased from a third party on Amazon in the San Francisco area, contact Berg Injury Lawyers for a complimentary consultation. We provide support in San Francisco product liability law cases.
What it Means
Courts are becoming increasingly willing to entertain the notion that Amazon shares responsibility for defective products purchased from its platform and sold by third-party companies. This is despite the company having often successfully used the argument in the past that it is not the seller or manufacturer, and therefore cannot take proactive responsibility for the safety of products.
This era of lacking accountability appears to be coming to an end. If other courts begin adopting the stance taken in Loomis v. Amazon LLC, as seems likely, this may extend to other e-commerce platforms as well. Courts may hold several parties along the distribution chain strictly liable for negligence in injuries caused by defective products.
This has the potential to upend long-existing e-commerce norms and ways of doing business. It also has serious ramifications for victims of injuries sustained by products purchased on online platforms. They are being made increasingly aware of their right to seek compensation and hold companies like Amazon liable.
Berg Injury, Product Liability Attorneys
The product liability attorneys at Berg Injury Lawyers believe that it’s not your responsibility to pay for the negligence of manufacturers, sellers, or service providers such as Amazon.
The products we all use daily are supposed to make our lives easier, not harder. When products are imperfectly or poorly designed and have not been submitted to safety checks by all the entities responsible in the supply chain, it can lead to you or a family member suffering a severe injury. This can lead to even more trauma if you are faced with medical bills you cannot pay.
We’ve been working with San Francisco product liability law cases since 1981 and will fight to ensure you obtain the compensation you’re entitled to. If you have been the victim of injuries caused by a defective product purchased on an online platform, schedule a free consultation with us today to learn how we can help you. Contact us today.
Vehicle Tech Features That Might Endanger Children Passengers
August 16th, 2021
|The newer your vehicle, the likelier it is to feature high-tech upgrades to existing features designed to improve the car’s safety. However, it is all too easy to get swept up, assuming that the vehicle is automatically safe because it features the latest technology.
Children, in particular, can be vulnerable to tech safety features. Because of their curiosity and need to explore, they may inadvertently trigger features that can put them in danger. You should be aware of these and how to protect your child when they travel in your vehicle. The following are some of the most common hazards to consider.
Power Windows
Children can be injured when a power window closes on a finger, hand, or wrist. In extreme cases, children have even been strangled by power windows.
If your car has child safety settings for your power windows, turn them on. Vehicles from 2010 and later usually have pull-to-close switches that require pulling up to close the window, but older models may have window switches that a child can accidentally trigger.
Some vehicles are equipped explicitly with power windows that automatically reverse when something is in the path of a closing window. Check if your car benefits from this safety technology and keep the feature activated at all times.
Above all, never leave your child alone in the car. You should also teach your kids not to play with window switches and never put their limbs outside the window, regardless of whether the vehicle is in motion.
Seat Belts
While restraining children in car seats and with seat belts is important to their safety, a seat belt can present a potential hazard for kids. Most seat belts have a locking mechanism that activates when the belt is pulled out too far, which could cause your child to get trapped in the belt.
If your child is very young, you should ensure they are appropriately restrained at all times. Entanglement in a seat belt presents a choking and strangling hazard, so your child must be taught the belt is not a toy. Buckle up any unused seat belts within the child’s reach, and do not leave the child alone unsupervised in the car.
Airbags
While airbags make a car safer in general, they are dangerous to children weighing under 65 lbs. or generally under 13 years old. This is why children should not be allowed to sit up front until this age. Airbags cushion passengers when fully inflated but jolts them while still moving if they are too close.
As children are lighter, an airbag may lift them off their seats and cause them to hit their heads on the car roof. It can also propel them forward due to their inflate speed, and the blunt force impact could be enough to cause serious injury or even death. Letting a child ride in the passenger’s seat is not a decision to be made lightly, as airbags can deploy on impact, even if you’re driving very slowly and carefully.
Newer cars feature off switches, enabling you to turn off the airbag if a child is up front. Some now feature smart airbags that can sense if someone is too close or is not belted correctly.
Children should always be seated in the back, however, and preferably in a safety seat.
Berg Injury Lawyers, Product Liability Attorneys
The California product liability attorneys at Berg Injury Lawyers can help if your child has been endangered or injured by vehicle tech features. If the feature is proven defective, you may be entitled to compensation.
A child or another family member suffering a severe injury due to a car accident caused by a defective component can be traumatizing, especially if you were under the reasonable assumption that the car’s features were safe, and you observed all the requisite safety measures. The devastation of watching your child suffer can be compounded by medical bills that you may have difficulty paying.
Since 1981, we have fought to ensure our clients obtain the compensation they’re entitled to. If your child has been the victim of injuries caused by defective vehicle tech features, schedule a free consultation with us today and let us review your case.
If your child has had an accident and you suspect it was caused by defective vehicle technology, contact us immediately.
Most Dangerous Toys in 2020
November 30th, 2020
|Some Dangerous Toys to Avoid in 2020
We’ve compiled the following list based on information from World Against Toys Causing Harm (W.A.T.C.H.), along with information from other consumer safety resources, such as the Consumer Product Safety Commission.Specific Toys to Avoid
Based on recent recalls and warnings from consumer safety advocates, toy buyers should be cautious if considering any of the following toys: Toys included on the 2020 W.A.T.C.H. list:- Calico Critters Nursery Friends
- GO! Launch Missile Launcher
- Marvel Avengers Vibranium Power FX Claw
- Gloria Owl
- WWE Jumbo Superstar Fists
- Scientific Explorer Sci-Fi Slime
- The Original Boomerang Interactive Stunt UFO
- Boom City Racers Starter Pack
- My Sweet Love Lots to Love Babies Minis
- Star Wars Mandalorian Darksaber
- NERF Ultra One
- Spike the Fine Motor Hedgehog
- Bunchems Bunch N’ Build
- Yeti
- Nickelodeon Frozen Treats Slime
- Anstoy Electronic Toy Gun
- Diecast School Bus
- Pogo Trick Board
- Power Rangers Electronic Cheetah Claw
- Viga Pull Along Caterpillar
- Musical Lili Llama
- Manhattan Ball
- Super Soaker XP 20 and XP 30 Water Guns
General Types of Potentially Dangerous Toys
The following types of toys regularly present dangers to children, even though they continue to be popular among consumers in the U.S. If you’re considering purchasing any of these types of products, at least make sure you’re purchasing them for children old enough to use them safely.- Trampolines
- Bounce houses
- Water balloon slingshots
- Micromobility products, including e-scooters, hoverboards, and e-bikes
- BB guns
What Makes a Toy Dangerous for Children?
Several factors can make toys particularly hazardous for young children. These include: Choking hazards – This hazard is present in toys that have small breakable or detachable components, especially when those toys are marketed to very young children. Dangerous chemicals – Some chemicals, like lead, are less prevalent in toys than they used to be, but they’re still inadvertently included in some toys. Once detected, these products are typically recalled. Toys manufactured overseas (where laws aren’t as restrictive) might also contain dangerous chemicals. Burns – Products that quickly overheat could cause burn or explosion risks to children, as was the case when hoverboards (powered by lithium ion batteries) were popular products. Sharp objects – Toys that have pointy ends or sharp corners can cause serious injuries like lacerations. Improper labeling – If toys aren’t safe for young children or contain dangerous components, consumers should be made aware through easily seen labels on the product or the product’s packaging.Legal Options for Injuries from Dangerous Products
If you or a loved one has been injured by a dangerous product, you have legal rights to compensation. Product liability laws give you the right to hold manufacturers accountable for the harm caused by dangerous products. To speak to an experienced product liability attorney in Northern California, contact Berg Injury Lawyers today for a free consultation.Are Retread Tires Legal in California—And Can You Trust Them?
June 8th, 2020
|Are Retread Tires Legal in California?
Retread tires must have a tread pattern that complies with Section 27465 of the Vehicle Code. They can’t be used on the front wheels of a bus or farm labor vehicle. They also can’t be used on the front wheels of truck tractors or motortrucks unless they meet requirements of the state. For passenger vehicles, retread tires are allowed.What Does the State Government Say About Retread Tires?
California doesn’t just condone the use of retread tires; they implicitly encourage them, especially because they offer environmental benefits. Retreading a tire requires fewer raw materials than manufacturing a new one. A retread tire is also one less tire that needs to be thrown away. California’s Department of Resources Recycling and Recovery says that retread tires are commonly used on:- Commercial and military jets,
- Some school and municipal buses,
- Delivery service vehicles,
- S. Postal Service vehicles,
- Fire engines,
- Taxis,
- Race cars, and
- All types of commercial vehicles.
Should You Trust Retread Tires?
So, the Department of Resources Recycling and Recovery sings the praises of retread tires, and they’re legal for use on many vehicles in our state, but what does it mean for consumers? Should you feel comfortable buying a retread tire instead of a new one? Before you become a retread tire devotee, it’s important to understand that not all retread tires are created equally. If a tire is retread properly, it is generally safe. However, the quality of a retread tire depends on the person or business performing the retread. Simply put, when it comes to recapped tires, it’s very much a buyer beware situation. If you’re considering buying recapped tires, do your research on the vendor performing the retread to make sure they are trustworthy.It’s Okay to Have Reservations About Retread Tires
If you still count yourself among consumers who greet the idea of buying recapped tires with skepticism, that’s okay. The sordid history of these tires, along with anecdotes of vehicle accidents caused by retread tire blowouts, should give any tire buyer pause. You might even be concerned about the safety of retread tires on other vehicles, like big rigs, and we share your concerns. Retread tires are a frequently discussed topic among commercial trucking companies. Many of these companies have fleets upon fleets of vehicles, and that means they need a large number of tires to place on their trucks. To reduce maintenance costs of fleets, trucking companies look to solutions like retread tires. As we’ve mentioned, retread tires aren’t inherently dangerous if they’re retread properly, but if an 18-wheeler is equipped with dangerous tires, it places many motorists at risk for a crash.If Retread Tires Cause a Crash, Who Can Be Held Liable?
Crashes stemming from retread tires typically involve blowouts. Determining liability in these types of crashes can be complicated. In some cases, the company that retread the tire could be held responsible. If the tire wasn’t properly maintained by its owner, they might also bear responsibility. So, if you buy a retread tire, make sure that the vendor is reputable and that you maintain the tire in accordance with instruction from the vendor or manufacturer. If, on the other hand, you are injured in a crash where another driver’s tire blows out, keep in mind that you deserve compensation for the costs you face.If You Need Legal Help, Contact Berg Injury Lawyers Today
For nearly 40 years, we’ve helped thousands of people across Northern California get the compensation they deserve from insurance companies. We represent clients who are badly injured in vehicle accidents, including motorcycle, passenger car, and commercial vehicle accidents. If you or a loved one has been involved in a crash and you need an experienced legal advocate on your side, contact the California auto accident attorneys at Berg Injury Lawyers. Our consultations are always free, and we’ll charge no fee unless we win you compensation.What You Need to Know About the New Takata Airbag Recall
March 9th, 2020
If you visit a car lot this year, you’ll notice that vehicles at all price points are loaded with safety features that were either reserved for high-end luxury vehicles or simply not possible just a decade or two ago. Bells and whistles such as lane departure warnings, blind spot indicators, stability control, collision avoidance systems, and backup cameras are commonplace or even mandatory on new models, making vehicles safer than ever. However, when it comes to protecting occupants during crashes, nothing is more effective than the tried and true seat belt and airbag. But what happens when one of those safety devices is defective and potentially dangerous? That’s exactly what happened to millions of vehicles manufactured since 2003. In November 2014, the National Highway Traffic Safety Administration (NHTSA) demanded that Takata Corporation recall its defective airbags that were equipped in millions of cars, trucks, and SUVs made by manufacturers ranging from Ford and Toyota to GM and Honda. The recall continued to expand for years after it was announced, making it the largest consumer product recall in history. In December 2019, Takata was forced to recall yet another airbag component. Like the first recalled airbag, this one is capable of exploding during collisions, but it can also under-inflate, rendering it less effective at protecting occupants. All told, between 65 and 70 million vehicles are part of the recall, putting countless Americans at risk of serious injuries and even death. |Use These Websites to Find Out if Your Vehicle Is Affected
Everyone who owns an affected vehicle was supposed to receive a notification from its manufacturer informing them of the recall and instructing them on what to do next. However, some people didn’t receive the notifications, misplaced them, or simply forgot about them. If you’re unsure whether your vehicle is equipped with defective and recalled airbags, visit the following websites and enter your Vehicle Identification Number (VIN) to quickly find out: Please note that not all vehicles included in the December 2019 recall have been added to the recall database as of right now. More information will be released over the coming months, so continue to check back to find out if your vehicle is included. You can also subscribe to the NHTSA’s Recall Alerts system to get up-to-date information when it’s released.What Should You Do if Your Vehicle’s Airbags Are Recalled?
The overall risk of your vehicle’s airbags exploding or under-inflating during an accident are low. However, any level of risk above zero is unacceptable, and that’s why the airbags are being recalled. If your vehicle is affected by the recall, schedule a replacement as soon as possible at your local dealership. Because of the dangers posed to drivers and passengers in these vehicles, dealerships are offering free replacements. If you own a 2006 Ford Ranger or 2006 Mazda B-series pickup truck, the manufacturers recommend that you don’t drive them unless absolutely necessary or if you’re taking them to have their airbags replaced. These vehicles are known for posing higher airbag explosion or malfunction risks than other vehicles and should be kept off the road until they’ve been serviced.Let Us Help You Get Paid After a Defective Airbag Injury
Defective, exploding, and under-inflating airbags have already injured or killed dozens of Americans. If you or someone you love was hurt by a recalled airbag, you deserve compensation for your medical bills, lost wages, and pain and suffering. The California defective product attorneys at Berg Injury Lawyers have protected the rights of people who were hurt by a variety of dangerous products, including medical devices, household items, and vehicular components. We know what it takes to win, and we don’t settle for less than what our clients deserve. It’s our goal to help you get maximum compensation so you can move forward with your life. Contact us today for a free consultation. We’re ready to put our experience to work for you.Pros and Cons of New Vehicle Technology
February 10th, 2020
When you read an article about self-driving cars or interactive dashboards, what do you feel? Do automated vehicles fill you with dread, or are you excitedly anticipating the day when you can get in your car and have it drive itself? As a law firm that pays close attention to road and vehicle safety, we know that these advances will present both good and bad consequences for all of us. In other words, there are pros and cons of new vehicle technology, which we should all consider as we cruise into this brave new world. Before we dive into the potential downsides of emerging technologies, let’s focus on the perks. |Pro – A Safer Commute
More than 35,000 people die in vehicle crashes every year in the United States. For each of those deaths, even more motorists are involved in nonfatal crashes that often result in injuries. The biggest upside of improved vehicle technology is the potential to reduce the number of overall crashes. This is exactly what the U.S. Department of Transportation and countless road safety advocates are hoping automated systems will accomplish. Officials also hope that automation will bring less traffic and improved fuel efficiency in vehicles.Pro – A Better Experience for Motorists
From smart displays on windshields to brain wave technology that helps drivers avoid crashes, new vehicles could offer features we can’t even imagine. Many of these innovations might dramatically improve our experience behind the wheel and, in some cases, improve our health. For example, vehicle technology could not only get better in diagnosing problems with vehicles, but also diagnosing the health of drivers. Ford is currently developing technology that monitors a driver’s heart health through sensors placed in the seats of its vehicles.Con – The Growing Pains of New Technologies
Over the years, manufacturers have made safety features available that were anything but safe. For example, seatbelts and airbags are some of the most basic but useful features in vehicles. However, several incarnations of the technologies have posed a threat to vehicle occupants. The latest examples of potential dangers include Takata airbags that could cause shrapnel injuries when deployed and allegations of Honda seatbelt defects. Automation is likely to become integrated into our vehicles slowly as cars edge toward being fully autonomous. During this transition, we will need to learn how to operate new semi-autonomous systems. That could present an entirely new learning curve for drivers. So far, manufacturers and safety officials don’t seem to know who will be responsible for educating buyers on how to operate semi-autonomous vehicles safely.Con – Smart Cars are Vulnerable to Hackers
An increasingly digital world has made our lives easier in many ways. But we are also more vulnerable to fraud and hackers. As our vehicles become more reliant on technology, they too are susceptible to hackers. Cybersecurity concerns prompted a 2015 recall involving 1.4 million vehicles after researchers discovered that it was possible to disable vehicles’ brakes and steering capabilities while they were on the highway. Hackers have already found ways to access the information of drivers and even shut down some engines remotely.Understanding Your Rights as a Consumer
You likely have your own list of pros and cons of new vehicle technology. If you’re skeptical of automakers’ capacity to address some of our biggest road safety challenges, we understand your reservations. Manufacturers often make mistakes that have serious consequences for all of us. Consider some of the fatal defects in vehicles over the past few decades. From GM’s faulty ignition switches to Takata’s defective airbags to the top-heavy design of Ford’s Bronco II, manufacturers haven’t always inspired hope in car buyers. When a defective product harms a consumer, the consumer have the right to hold the manufacturer accountable through product liability claims. These claims don’t just offer consumers a pathway to compensation; they also make the market safer for others who might purchase potentially dangerous products.Schedule a Free Case Assessment with Berg Injury Lawyers
The good news is that you have the right to hold a manufacturer accountable if they sell you a product that causes you harm. If you have been sold a defective vehicle or vehicle part, we encourage you to contact the team at Berg Injury Lawyers. Our California defective product lawyers have years of experience handling these claims. We believe that unless consumers take a stand against negligent manufacturers, companies will continue to sell dangerous products to buyers. Don’t pay the price for a manufacturer’s mistakes. We know you might have questions you want answered about your legal options, which is why we offer free consultations. Fill out our online contact form today to get started with a case evaluation.3 Types of Products That Are Potentially Dangerous
January 27th, 2020
Whether it’s a product you purchased at a store, an item you use at work, or even a medical device that’s implanted into your body, you expect the products you come into contact with to be well-tested and safe. Unfortunately, that’s not always the case. In fact, there are a nearly endless number of products that are potentially dangerous. How does this happen? In an effort to save money and ensure their products get released, manufacturers sometimes skip important testing phases, putting consumers at risk. Manufacturers might poorly design a product, use inferior parts, or improperly label a commonly used good. |3 Types of Products That Might Harm Consumers
Safety advocates have linked many types of products to serious injuries, illnesses, and complications, such as:- Medical devices—Because medical devices are often surgically implanted, their risk level is high. Devices in this category include birth control implants, joint replacements, pacemakers, hernia and transvaginal mesh, and many more.
- Military earplugs—3M provided the U.S. military with a double-sided earplug for many years. The evidence now shows that these earplugs are defective and don’t provide enough protection. As a result, thousands of servicemembers have developed hearing loss and tinnitus.
- Dangerous chemicals and substances—Builders used asbestos in construction for decades, and it’s still used in some applications. There’s a strong link between asbestos and mesothelioma, a deadly lung cancer. Other dangerous chemicals sold to consumers include glysophate and certain types of flame retardants.
What To Do If You’ve Suffered a Product-Related Injury
To avoid buying dangerous products in the first place, you can find a helpful resource in the Consumer Product Safety Commission website. However, you might have already purchased a dangerous product. If that’s the case, you should speak to a product liability attorney immediately. At Berg Injury Lawyers, our California defective product attorneys are waiting for your call, and we’re ready to fight for your rights to compensation. If you suffered an injury due products that are potentially dangerous, don’t hesitate to reach out to our team now. Contact us today for a free consultation.Hurt by a Defective Product? We Want to Help.
November 4th, 2019
Whether it’s a medical device that was surgically implanted into your body, or a consumer product you purchased at the supermarket, you expect items manufactured by big corporations to be safe and thoroughly tested before going on sale for use by the public. However, that’s not always the case. To protect their profits and their sales, some product manufacturers have lax testing procedures, or they hide known flaws to get or keep their products on the market. At | Berg Injury Lawyers, our California defective product attorneys know that some products can be dangerous to the people who use them—especially when they aren’t properly tested. Defective products can range from toys contaminated with lead to exploding e-cigarettes to improperly designed medical implants and joint replacements that break down inside the body. If you or someone you love suffered serious injuries because of a defective product, it’s important to get an experienced law firm on your side as soon as possible. Product manufacturers are reluctant to admit fault when their products cause harm to innocent people, and they often have big legal teams to intimidate victims into silence. But our lawyers know their tricks, and we know how to beat them at their own game. You shouldn’t have to suffer because a multi-billion-dollar corporation valued profits over safety. Instead, you should get paid for your medical bills, lost wages, and pain and suffering—and it’s our goal to help you get the compensation you deserve. Contact us today for a free consultation.7 Safe Alternatives to Roundup
August 14th, 2019
Roundup is the world’s most popular weed killer, and it’s used not only on farms and commercial properties, but it can also be found in the garages and sheds of many ordinary people. That’s what makes recent revelations that Roundup may cause cancer so alarming. If you are looking for ways to reduce your health risks as you care for your lawn or garden, you will likely want to look for safer, chemical-free alternatives. We’ve compiled seven Roundup-free methods of keeping your yard, driveway, and garden free of weeds and looking beautiful this summer which you can access by clicking the image below. And if you think your cancer diagnosis may be related to Roundup, don’t hesitate to | talk to the team at Berg Injury Lawyers to see if you may be eligible for compensation.Roundup® Ruled “Substantial Factor” in Man’s Cancer Diagnosis
May 29th, 2019
| In March 2019, a California federal jury ruled that exposure to Roundup® weed killer caused a Sonoma County man’s diagnosis of non-Hodgkin lymphoma. This is the first of three bellwether trials that could set the standard for future Roundup cancer cases and open the door for other victims to get compensation. In San Francisco alone, there are already more than 750 Roundup cases underway. This is the second ruling in the U.S. within the last year linking glyphosate, Roundup’s active ingredient, to non-Hodgkin lymphoma. In August 2018, a former school groundskeeper was awarded $289 million—later reduced to $78.5 million—in a lawsuit against Roundup’s manufacturer, Monsanto Company.How Are People Exposed to Roundup®?
Exposure to glyphosate can happen in the following ways:- Breathing in airborne particles after spraying the product
- Absorbing the product through the skin after touching treated plants and weeds
- Drinking contaminated water that was exposed to the product
- Eating food grown in contaminated soil