Defective Product


California Defective Product Attorneys Discuss Lawsuit Filed in Connection to High Levels of Arsenic in Wine

by Staff Blogger | March 23rd, 2015

California is known as one of the top wine-producing states in our nation. So, it came as a shock to the California defective product attorneys at Berg Injury Lawyers that around two dozen of the state’s wineries were named in a recent lawsuit claiming their wines contained unsafe levels of arsenic.

Arsenic is a known carcinogen. In other words, consumption of arsenic can result in a person developing any of a number of serious health conditions, including cancer.

The U.S. Environmental Protection Agency places a limit of 10 parts per billion (PPB) on the amount of arsenic drinking water can contain. While this limit doesn’t apply to wine, researchers and experts used it as a safety guideline when considering the amount of arsenic in wines. They found some bottles contained up to 50 PPB of arsenic, or more than 500 percent more than is allowed in drinking water.

According to CBS News, these findings prompted a lawsuit to be filed against Trader Joe’s (a grocery chain that carries many of the tainted wines) and roughly two-dozen California wineries that bottled the affected products. The suit claims the defendants failed to properly warn consumers of the dangers the wines potentially pose.

At Berg Injury Lawyers, we understand the harm that consuming a tainted product can pose to consumers. That’s why our San Francisco personal injury attorneys are hopeful a decision in this particular case will bring a sense of closure to anyone who was affected by high levels of arsenic in wine they consumed.


Trust Established to Cover Costs Associated with Defective Product Injuries

by Staff Blogger | June 16th, 2014

The manufacturers of the products that are on the market in the United States today have a responsibility to test these items prior to their release to ensure safety. Any issues or problems that are discovered must then either be corrected or the product must carry a warning label describing the potential dangers to consumers. Unfortunately, these warnings are not always enough to prevent a defective product from harming someone.

Take the case that is being brought against the owner of the company that makes BuckyBalls and BuckyCubes. These small, magnetic balls were marketed beginning in 2009 as an adult toy. Warning labels stated the product may present health risks to small children because of the risk of ingestion or choking.

Despite these warning labels being placed on the product, numerous reports surfaced of small children ingesting the balls that then reconnected inside the digestive system, which caused damage to internal organs and systems.

In response, the Consumer Product Safety Commission has asked the manufacturers of the product to cease distribution and marketing of the product. The company has also established a trust to cover the costs associated with injuries the product may have caused to consumers.

At Berg Injury Lawyers, our team of California personal injury attorneys is aware of the serious harm that can result from using a defective product such as BuckyBalls and encourage anyone who has been injured by this type of product to discuss your legal options with a legal representative.


CPSC Considering Rule Changes to Voluntary Recall Process

by Staff Blogger | February 17th, 2014

When a product does not meet the standards of safety and health established by the Consumer Product Safety Commission (CPSC), the product may be subject to certain voluntary recalls and corrective action plans. The California Defective Product Attorneys with Berg Injury Lawyers explain the CPSC may be considering changes to its rules though, which could stiffen the requirements of a recall if one is initiated against a product.

Under current law, companies conduct corrections to defective products under good faith the issue will be resolved. This allows companies to correct problems while avoiding penalties. A CPSC Press Release says this could soon change under proposed rule changes that advocate corrective action plans should become a legally binding agreement in the event a recall is launched.

The ramifications of such a move could be huge, considering the rule change would set the stage for lawsuits to be filed against companies if every stipulation of a corrective action plan is not followed. The move would standardize the recall process as well by eliminating some of the control companies have over the process currently—such as the wording of recall notices.

The Alameda Personal Injury Attorneys with Berg Injury Lawyers understand how confusing the rules overseeing faulty products can be. That’s why the firm’s team of attorneys are here to help anyone who has been harmed by a defective product.


Expert Testimony At The Center of Toyota Defective Accelerator Controversy

by Staff Blogger | November 4th, 2013

November 4, 2013

Automotive manufacturers in the United States have a responsibility to ensure the safety of the cars and trucks they release to the market. The California Defective Product Lawyers with Berg Injury Lawyers point out that any failure to do so can result in costly civil litigation being filed against the responsible parties.

Controversy is continuing to swirl around defective product claims being made against the Toyota Motor Corp. According to an article from Automotive News, owners are alleging the vehicles suddenly accelerate out of control and cannot be stopped. They go one to claim the malfunction has resulted in serious accidents.

While a jury in southern California dismissed the claims earlier this month, a victim was awarded a settlement from Toyota in a case filed in Oklahoma. In that case, an expert witness testified there could be a problem in the computer systems installed on certain Toyota vehicles that can result in the fatal failures.

More cases are scheduled to be heard in the class action cases and both sides contend the evidence from the expert’s testimony can be used in their favor; however, a judge has already placed limits on what the expert can testify about in future cases.

Berg Injury Lawyers and their team of California Personal Injury Lawyers recognize how difficult reaching a decision in a faulty product case can be. That is why the firm suggests speaking with an attorney if you are considering filing such a claim.


NHTSA Says 17.8 Million Vehicles Recalled Due To Defective Products

by Staff Blogger | February 25th, 2013

February 25, 2013

Despite major advancements in motor vehicle safety technology in recent years, car manufacturers are still responsible for putting millions of motorists at risk of injury each year by outfitting vehicles with Defective Products. In fact, the National Highway Traffic Safety Administration (NHTSA) recently announced 650 safety recalls were made last year by car manufacturers in the United States, which affected roughly 17.8 million vehicles.

Most of the recalls are the result of efforts made by the NHTSA’s Office of Defects Investigations and Office of Vehicle Safety Compliance. These organizations examine data from numerous sources, including early warning reporting data and technical service bulletins, in order to determine whether a vehicle or its parts should be recalled. Most recalls are initiated by consumer reports though.

Take for instance the massive recall Toyota recently announced due to faulty breaking systems. A recall on the vehicles wasn’t announced until hundreds of accidents had been linked to faulty brake systems manufactured by the company.

The NHTSA says the large number of recalls highlights the need for citizens to be aware of problems that may be afflicting their vehicle. That is why the NHTSA urges motorists to check their website regularly to ensure no part of their vehicle has been recalled.

The California Injury Lawyers with Berg Injury Lawyers recognize the dangers a defective car part can be. That’s why the firm urges anyone who has been hurt in an accident caused by a product liability issue to discuss their case with an attorney.


$5 Million Defective Product Lawsuit Filed Against Frozen Pizza Maker

by Staff Blogger | February 4th, 2013

February 4, 2013

Frozen pizzas are often marketed as a cost-effective alternative to take-out or delivery from a restaurant, but new evidence shows it may be unsafe to eat. An article published by the La Mesa-Mount Helix Patch explained that a lawsuit recently filed in California against food manufacturer, Nestle, Inc., alleges the company’s frozen pizzas contain ingredients that could be considered hazardous to your health.

The lawsuit was filed in U.S. District Court in San Diego County and claims the pizzas, marketed under brand names like DiGiorno and California Pizza Kitchen, contain a Defective Product known as partially hydrogenated vegetable oil (PHVO). PHVO is known to contain carcinogenic trans fats, which have been banned from restaurants in California but not in foods sold at supermarkets. Ingesting trans fat by consuming the pizzas has also been linked to the development of conditions like Alzheimer’s disease, heart disease, and diabetes.

The lawsuit, which has not been put onto the court’s docket of cases yet, is seeking a total of $5 million in damages. The lawsuit could also potentially force food manufacturers to abide with a ban on use of the ingredient.

The California Injury Lawyers with Berg Injury Lawyers recognize just how hazardous long-term exposure to a chemical like trans fats can be and are hopeful a decision in the case will prompt changes to food manufacturing policies that will better protect the public from the harm trans fats can pose.


CPSC Issues Recall on Heating/Cooling Units

by Staff Blogger | January 7th, 2013

Jan. 7, 2013

The Consumer Product Safety Commission (CPSC) has partnered with Goodman Company L.P., a Houston-based company, to recall approximately 155 of the Amana Packaged Gas/Electric Heating and Cooling units. A CPSC press release states the recall was issued after the company was notified of faulty information on the unit that poses significant harm to users.

The affected units are designed to heat and cool homes and commercial spaces. They stand at around 40 inches high by 51 inches wide by 47 inches deep and are grey in color. The units have a model number of APG154911541BA, which is printed on a plate located on the front panel of the unit, and also carry a serial number beginning with 1206,1207,1208,1209, and 1210. The units were sold through retailers from June 2012 to Oct. 2012, and cost around $5,600.

The problem comes from faulty information on the serial plates that could lead to an installer or servicers using undersized wiring on the units. A wiring mistake poses a hazard for fires that are capable of causing a serious California Fire and Burn Injury.

Anyone in possession of an affected unit has been instructed to contact the manufacturer immediately for free repair or replacement.

The California Personal Injury Lawyers with Berg Injury Lawyers recognize the dangers defective products can pose and encourage anyone who has been harmed by a defective product to contact an attorney to discuss your legal rights.


Target Home Bunny Sippy Cups Recalled Amid Safety Concerns

by admin | May 15th, 2012

May 16, 2012

Target Corporation has issued a voluntary recall of 264,000 Target Home Bunny Sippy Cups, sold at Target stores nationwide during the recent Easter season, after concerns were raised that the sippy cup presented safety issues. Shaped like a rabbit with one ear bent and another extended, the cup has been found to poke a child in the eye, presenting the potential for injury.

According to the U.S. Consumer Product Safety Commission, Target has received six reports of incidents during which children were poked in the eye. In three cases, cuts and bruises were reported.

Consumers are instructed to stop use of these cups immediately and to return them to any Target store for a full refund of the $3 purchase price.

Two of these cups are being recalled–one pink and one blue–and both are equipped with handles on the sides and a white lid. The pink cup has “TARGET 200020683” imprinted on the bottom while the blue cup has “TARGET 200020884” imprinted.

These cups were sold at Target locations from February 2012 through April 5, 2012.

The California Defective Product Lawyers with Berg Injury Lawyers (//www.berginjurylawyers.com/) believe the companies that negligently design, manufacture, and sell defective products need to be held accountable for their actions. We believe in helping the victims of faulty products with the support of a large, established law firm that’s been helping people just like you since 1981.


FDA Recalls Male Enhancement Supplement Over Health Risks

by Staff Blogger | April 24th, 2012

April 23, 2012

The Food and Drug Administration (FDA) has issued a recall on an over-the-counter male enhancement supplement after testing discovered its unlabeled ingredients pose a threat to consumers. According to KRCR 7 News, the unlisted drugs include several prescription strength FDA-approved drugs, sildenafil and hydroxythiohomosildenafil, which are used to treat erectile dysfunction.

Officials with the FDA stated that the product might cause some consumers who take prescription nitrates serious harm by lowering their blood pressure to dangerous levels.

The product’s manufacturer stated that getting the warning and information out about the recall is vital as men with diabetes, high blood pressure, high cholesterol, and heart disease—who are generally more likely to take nitrates—are also more likely to suffer erectile dysfunction and use the product.

The manufacturer also may have to change some of its marketing techniques after the testing as well. The company’s website was promoting the products as “Totally Organic” with “Absolutely No Chemicals or Steroids”.

The product was being sold in stores across Nevada, California, Florida, New York, New Jersey, and South Carolina. Those who bought the product are being instructed to contact the manufacturer or the location where it was purchased to receive a full refund.

The California Product Liability Lawyers with Berg Injury Lawyers would suggest that anyone taking nitrates prescribed by a doctor should discuss the use of any herbal supplement bought over the counter with said doctor before consumption.


$73 Million Awarded In California Lawsuit Against Ford

by Staff Blogger | November 14th, 2011

November 14, 2011

A Sacramento, California, jury awarded $73 million dollars in damages to plaintiffs in a case against Ford Motor Company Thursday. According to The Sacramento Bee, the judgment came after seven years of litigation surrounding a passenger van accident caused by separation of tread from a tire on the van.

The accident happened on April 9, 2004, as a group of church members headed home from a concert. During the drive, the van began to shake violently as the tread of a Goodyear tire began to peel off. The driver of the van attempted to pull over, but lost control and the van rolled several times before coming to rest. The 48-year-old driver of the van and the front passenger were killed in the accident, while several other suffered injuries.

In court Thursday, the attorney for the plaintiffs told jurors that Ford and Goodyear failed to alert the customers about a $2 billion recall on the tires. The jury agreed, and with a vote of 10-2, the award was given. The jury also gave a small award after they found that the van’s design was partially at fault for the crash. Ford stated they plan to appeal the decision.

The California Car Accident Attorneys with Berg Injury Lawyers often handle cases where victims were injured because of faulty auto parts. If you have been injured because of a manufacturer’s negligence contact us immediately.