2023’s Top Recalled Products and What to Do if They’ve Harmed You

by Staff Blogger | January 15th, 2024

When you purchase a product, you trust it to be safe and reliable. Yet, sometimes, products fail to meet these expectations, leading to recalls. These recalls protect you and your family from unnecessary harm by removing unsafe products from the market and pushing the manufacturer to address potential hazards.

Stay current on major product recalls by regularly checking resources like FDA recalls and the NHTSA’s car recall page. These can help you protect yourself and your family from life-changing injuries.

If you suffer harm from a defective or recalled item, work with our California personal injury lawyers from Berg Injury Lawyers to evaluate your case. We can help you file a product liability claim and receive compensation for your damages.

Top Recalled Products of 2023

The following are some of the top recalled products of 2023. This table shows the recall number, reasons the product was recalled, and potential dangers to consumers.

One of These Injured Me. Can I Get Compensation?

If you’ve been hurt due to a recalled product, you have the right to seek compensation in California. The state’s product liability laws allow you to file a claim against the manufacturer if you can prove that the product caused your damages.

Work with our defective product attorneys at Berg Injury Lawyers to file a successful claim. We can guide you through the following steps and help you get maximum compensation for your injuries:

• Seek medical attention. As soon as you’re injured by a defective product, get medical help. This provides immediate medical treatment and creates an official record of the injury. This documentation is essential for your claim and connecting your damages to the product.

• Gather and preserve evidence. Collect and secure all potential evidence. Keep the product as is, take clear photos of the defect, and document your injuries. Retain all medical records and receipts related to the treatment of your injuries to support your case.

• Report the incident. Report your incident to the relevant authorities or consumer protection agencies. Contact the Consumer Product Safety Commission hotline at 800-638-2772 for product recall concerns. For auto recall concerns, contact the NHTSA hotline at 1-888-327-4236.

• File a claim against the manufacturer or in court. File a claim for medical bills, lost wages, and pain and suffering caused by the recalled item. Your attorney can help you demonstrate how the product’s defect led to your injuries, helping you receive a satisfactory settlement or pursue a damage award in court.

Contact Berg Injury Lawyers for Your Defective Product Case

Recalls are issued to protect the public from products that have been found to be unsafe or harmful, and being aware of these can help prevent accidents or injuries.

If you are injured due to a recalled product, turn to Berg Injury Lawyers for trusted legal assistance. Our experienced legal team is committed to helping you secure the support and compensation you’re entitled to. Contact us today to discuss your case in a free consultation and take your first steps toward financial recovery.

Are Retread Tires Legal in California—And Can You Trust Them?

by Staff Blogger | November 10th, 2023

Originally published June 8, 2020.

The cost of replacing broken or worn-out car parts can place a burden on many vehicle owners’ wallets. To reduce those costs, some vehicle owners turn to used or refurbished parts. Though some vehicle parts are more likely to be reused than others, many consumers still balk at the idea of purchasing used—also called retread or recapped—tires.  

Consumer reluctance to buy used tires is understandable. For years, retread tires had a reputation as being unreliable, if not downright dangerous. Although tire manufacturing has advanced significantly in recent years, making used tires more capable of performing like new tires, the question remains: should consumers still approach recapped tires with skepticism? 

Before we look at the current state of retread tires in the marketplace, let’s address a commonly asked question by vehicle owners in California: are retread tires legal to purchase or install on your vehicle? 

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 semi-truck tractors or motortrucks unless they meet the 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 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 
• Delivery and postal service vehicles 
• Fire engines 
• Taxis 
• Race cars 
• Some 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—what does that 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, 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. 

WHAT ARE THE SIGNS OF AN UNSAFE USED TIRE? 

If you’re in the market for retread tires, learn how to identify the ones that are safe and those that could put you at risk. Section 9889.30 of the Business and Professions code provides a helpful outline of what constitutes an “unsafe used tire.” Some of the warning signs include:  

• Tread Depth Below 2/32 Inch: The tread on your tire should never fall below 2/32 inch. To test this, insert a penny upside-down into the tread groove—if you can see all of Lincoln’s head, the tread is too shallow and the tire is not safe. 
• Uneven Tread Wear: Patterns of uneven wear, such as high and low areas or particularly smooth sections, can lead to a potentially unsafe driving experience. 
• Visible Internal Components: If you can see the internal components of the tire, such as the cords or steel belts, the tire is definitely unsafe. 
• Damage in Critical Areas: Check for cuts, cracks, bulges, or bubbles, especially in the tread shoulder, belt edge area, sidewall, or bead area. These blemishes could suggest structural damage that could lead to tire failure. 
• Patches or Repairs: While minor repairs aren’t necessarily a deal-breaker, avoid tires with patches or repairs close to the tread shoulder, belt edge area, sidewall, or bead area.

In addition, if you test the tire and notice unusual vibrations or bumps while driving, this could be a sign that the tire is internally damaged or not properly balanced. Remember, tires are the only point of contact between your vehicle and the road, so you should never feel uncertain about their condition and performance. 

CHOOSE A QUALITY RETREAD SHOP  

Choose a safe tire retreading and repair shop to ensure your retreaded tires will be reliable and roadworthy. Here are key factors to consider when selecting a retread shop. 

• Adherence to Industry Standards: A trustworthy retread shop should comply with the standards set by organizations such as the Retread Tire Association (RTA), the Tire Industry Association (TIA), or the Tire Retread & Repair Information Bureau (TRIB). Certification or memberships with these organizations indicate that the shop follows best practices for tire retreading. 
• Reputation and Reviews: Established retread shops that have been in business for several years are more likely to have refined their processes and customer service. Check out the history of the shop, search online reviews, and ask for customer testimonials. 
• Process and Safety Checks: Inquire about and observe the shop’s operations if possible. A visit to the facility can provide insights into the level of professionalism maintained, and the staff should be knowledgeable and willing to discuss their inspection process and warranty offerings. 

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. 

Fall Sports Injuries: Understanding Liability and Compensation 

by cjadmin | October 13th, 2023

Autumn doesn’t just bring crisp air and beautiful changing leaves. It also marks a wave of new sports activities and associated injuries. Knowing the legal implications of sports-related injuries that occur when you or a loved one participates in recreational athletics is essential. This blog post explores the complexities of liability, the legal implications of these injuries, and how our firm’s Sacramento personal injury attorneys can help.

Understanding Sports Injuries

Engaging in sports or physical activities can sometimes lead to injuries, which are quite common. These injuries can be acute, happening suddenly after a fall, a blow, or a twisted joint. Other injuries are chronic, worsening over time due to repeated strain on a particular body part. Acute injuries often manifest as sprains or dislocations, while chronic injuries can present as shin splints, stress fractures, or ongoing pain in one or more parts of the body.

Injuries related to sports predominantly affect the musculoskeletal system and range from bruises and sprains to joint dislocations and broken bones. Pulled and torn muscles are also common. Injuries can be triggered by a range of factors such as accidents, improper exercise habits, inadequate safety gear, ill-fitting shoes, poor technique, or structural abnormalities in the body.

The Impact of Sports Injuries on Athletes

The effects of injuries extend far beyond the physical realm, impacting an athlete’s mental well-being and overall quality of life. Athletes who experience sports injuries can suffer lasting emotional and physical effects.

On the physical front, these injuries lead to:

• An inability to engage in sports or physical activities.
• Experiencing pain and discomfort.
• A loss of strength and mobility.
• Potential long-term health issues if the injury is not treated properly.

The mental toll of sports injuries can be equally challenging, leading to:

• Feelings of depression, anxiety, and stress.
• A decrease in self-esteem and confidence.
• Experiences of frustration and anger.
• Fear of re-injury or concerns about never being able to play again.
• Doubts about one’s abilities and prospects in sports.

Liability in Sports Injuries

The issue of liability in sports injuries is complicated, relying on various elements such as the nature of the sport, the competitive level, and the specifics of the injury incident.

Here’s an overview of some general principles:

• Injuries sustained during professional sports events typically fall under workers’ compensation laws, meaning athletes are usually barred from suing their employers for negligence.

• Injuries during non-professional or recreational sports activities are often considered inherent risks. Thus, participants generally can’t hold others liable for damages.

• Liability comes into play if another party acts negligently or intentionally to cause harm. For instance, coaches and trainers can be held accountable if they fail to provide adequate safety equipment or training, leading to injuries.

• Product defects or malfunctions also lead to liability. For example, the manufacturer could be liable if faulty sports equipment or protective gear caused an injury.

• Multiple parties are jointly and severally liable. If coaches, trainers, and team physicians played a part in causing an injury, they have a shared liability.

Situations Where an Entity Could Be Held Liable for Injuries

An organization or person can be held accountable for injuries in certain situations. It is important to note that there is a level of assumed personal responsibility when “any reasonable party” should know that the activity they choose to participate in has inherent risks. Below are some situations that demonstrate an entity’s potential liability in the context of sports-related injuries.

Negligence

Negligence is applicable if an entity, such as a coach or trainer, doesn’t provide the necessary safety equipment or training, leading to injuries.

Intentional Harm

If an entity deliberately inflicts harm on a player, they should be held responsible for the resulting injuries.

Product Defects

If an injury is triggered by a product defect or malfunction, like faulty sports equipment or protective gear, the manufacturer or seller of the product can be held liable.

Shared Liability

In some cases, liability can be divided among several parties. For instance, coaches, trainers, and team physicians can share liability if they contribute to causing an injury.

Failure to Provide Medical Coverage

The responsibility for medical care at sporting events falls on athletic trainers, team doctors, physical therapists, coaches, and schools. If they do not offer sufficient medical coverage, they may be held liable for any injuries that arise.

Compensation for Sports Injuries

The compensation awarded for sports injuries differs significantly based on the severity of the injury and the unique circumstances surrounding each case. Here are some types of compensation that are available:

General Damages

This form of compensation addresses the pain and suffering caused by the injury and any emotional distress or diminished quality of life.

Special Damages

This form of compensation pertains to any financial losses resulting from the injury, such as medical bills, lost earnings, and costs associated with rehabilitation. The calculation of compensation for a sports injury considers several factors, including:

• The severity of the injury.
• The degree of pain and suffering.
• The impact of the injury on the individual’s life.
• The financial losses resulting from the injury.

It is essential to remember that compensation amounts vary from case to case. Predicting an exact amount of compensation is only possible after examining the specific details. Engaging the services of Sacramento personal injury attorneys can provide a clearer understanding of and guidance on the intricacies of the legal process.

Contact Berg Injury Lawyers in Sacramento

Are you concerned about fall sports injuries? Don’t let the injuries catch you or someone you know off guard. Stay informed and prepared. If you have questions or have suffered a sports-related injury, contact us at Berg Injury Lawyers to clarify liability and compensation for sports injuries.

California’s Court of Appeals Amazon Product Liability Decision: Latest News

by Staff | 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

by Staff | 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

by Staff Blogger | November 30th, 2020

Some Dangerous Toys to Avoid in 2020

Specific Toys to Avoid

• 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

• Trampolines
• Bounce houses
• Water balloon slingshots
• Micromobility products, including e-scooters, hoverboards, and e-bikes
• BB guns

What Makes a Toy Dangerous for Children?

Legal Options for Injuries from Dangerous Products

What You Need to Know About the New Takata Airbag Recall

by Staff Blogger | March 9th, 2020

Use These Websites to Find Out if Your Vehicle Is Affected

• NHTSA’s Safercar.gov website
• NHTSA’s website

What Should You Do if Your Vehicle’s Airbags Are Recalled?

Let Us Help You Get Paid After a Defective Airbag Injury

Pros and Cons of New Vehicle Technology

by Staff Blogger | February 10th, 2020

Pro – A Safer Commute

Pro – A Better Experience for Motorists

Con ­– The Growing Pains of New Technologies

Con – Smart Cars are Vulnerable to Hackers

Understanding Your Rights as a Consumer

Schedule a Free Case Assessment with Berg Injury Lawyers

3 Types of Products That Are Potentially Dangerous

by Staff Blogger | January 27th, 2020

3 Types of Products That Might Harm Consumers

• 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

Hurt by a Defective Product? We Want to Help.

by Staff Blogger | November 4th, 2019