Product Liability Lawyers
Tread Separation, Vehicle Rollover, Benzene
Defective or dangerous products are the cause of many thousands of injuries every year. Burwell Nebout Trial Lawyers, LLP has handled product liability cases against Fortune 500 companies and foreign corporations. These cases have ranged from tire tread separations, rollovers, home fires caused by consumer appliances and other similar types of incidents resulting in catastrophic burn injuries to death.
Product liability refers to a manufacturer or seller being held liable for placing a defective product into the hands of a consumer. In general terms, defective products claims fall into three categories. Design defects occur when it can be shown that the design of the product makes it unreasonably dangerous. Manufacturing defects exist when it can be demonstrated that the product does not conform to the designer's or manufacturer's own specifications. Marketing defects include improper labeling of products, insufficient instructions or the failure to warn consumers of a product's hidden dangers.
Product liability cases are often complex and expensive to pursue. Burwell Nebout Trial Lawyers, LLP has the experience and resources to retain the most qualified experts, manage thousands of documents and fight for a fair settlement or take the case to trial.
Asbestos/Mesothelioma
Mesothelioma is a cancer in which malignant cells are found in the sac lining of the chest or abdomen. Exposure to airborne asbestos particles increases the risk of developing malignant mesothelioma. Companies manufacturing products containing asbestos have known for over 60 years that asbestos can cause serious diseases.
Mesothelioma is serious and life-threatening. By the time cancer is diagnosed, the survival time of patients is usually short. Mesothelioma usually spreads throughout the peritoneal or pleural cavity before diagnosis, and complete surgical removal is unlikely. Because of this, the average survival time is only 1 year. If the cancer is found early, approximately 50% of the patients survive 2 years and approximately 20% survive 5 years. Additionally, unlike with other tumors, chemotherapy and radiation therapy are not very effective.
Most people diagnosed with mesothelioma worked at jobs where they were exposed to asbestos. Exposure for a few as one or two months can lead to mesothelioma 10 to 50 years later. The long latency period means that people exposed to asbestos in the 1950's - 1970's may now be seeing symptoms and are now being diagnosed with mesothelioma.
Vehicle Rollovers
The reason SUV's and pickups are more likely to roll over in a collision, sudden movement or accident compared to most cars is that SUV's have a higher center of gravity. SUV's ride higher from the ground than passenger cars. While rollover accidents represent about 3% of all crashes in the US, almost 33% of the deaths on highways occur in rollover crashes.
SUV rollover accidents need not result in the death or serious injury of drivers and passengers. A number of design defects can contribute to the occurrence of SUV rollovers and lead to serious injury or death. Potential safety issues include:
- The vehicle is defective in its handling and stability because it is top-heavy and prone to heavy over steering by drivers
- The vehicle is equipped with defective door latches that are too weak to hold doors shut in a rollover accident causing passengers to be ejected
- The roof strength is deficient resulting in a collapse of the roof
- The vehicle is not equipped with laminated safety glass which would help prevent passengers from being ejected
- The seat belts are defective because they do not automatically retract and tighten during an accident
No one ever expects to be seriously injured or lose a loved one in an accident, but unfortunately serious life changing events happen. Remember in a products liability action, you are going up against a multi-billion dollar corporation. Too often, while a person is recovering from their injuries or the family is going through the normal grieving process over the loss of a family member and they are trying to get their life back in order, the main evidence is being destroyed. Burwell Nebout Trial Lawyers has the experience and resources to preserve the vehicle and evidence from the scene of the accident which is necessary to successfully pursue your rollover claim.
Tire Tread Separation
As a result of design and manufacturing defects, tire separations have become the most common type of failure of steel belted radial tires. Tire and tread separation incidents can have potentially fatal consequences. Separations are the leading cause of tire blowouts and have been know to cause rollovers.
The issue of defective tire production has not been limited to Firestone. Problems include poor quality control, poor tire design and the use of old technology and equipment. What is most upsetting is that these issues could be avoided if the manufacturers were to simply follow the industry guidelines.
Manufacturing defects can be substantially reduced by appropriate adhesion, proper manufacturing practices and adequate quality control measures. Some plant practices which contribute to tread belt separation include improper curing, the use of over-aged dry rubber stock, use of petroleum solvent, moisture and foreign matter cured into the tire, improper repairs, inadequate final inspection and an emphasis of quantity over quality and safety.
Most consumers do not understand the causes of tire failure and the literature produced by manufacturers conveniently enough avoids mentioning potential risks. Traditionally, the tire industry attempts to shift the burden of defective tires to the victim in the accident saying that tread separations are the result of impact damage or under inflation. What these companies won't tell you is that car manufacturers actually suggest lower tire pressure for a smoother ride. Ultimately, the reason for widespread tread failure is due to design and manufacturing defects and not because of something for which the individual consumer is responsible.
Tread and belt separation is usually caused by weak rubber to steel adhesion. During a tire separation incident, the steel reinforcements within the tire will free themselves from the rubber, usually resulting in a tire blowout. Even if the tire remains inflated, the driver usually loses control due to the loose tread catching on the undercarriage of the vehicle. These failures lead to violent crashes and rollovers that have killed and injured thousands.
Benzene
Benzene is an aromatic hydrocarbon that is produced by the burning of natural products. It is a component of products derived from coal and petroleum and is found in gasoline and other fuels. Benzene is used as a constituent in motor fuels as a solvent for fats, waxes, resins, oils, inks, paints, plastics and rubber. It is also used as a chemical intermediate in the manufacture of detergents, explosives, pharmaceuticals and dyestuffs. Research has shown benzene to be a carcinogen. With exposures from less than 5 years to more than 30 years, individuals have developed and died from leukemia. Long term exposure may affect bone marrow and blood production. Short term exposure to high levels of benzene can cause drowsiness, dizziness, unconsciousness and death. Trade names include Benzol 90, Pyrobenzol, Polystream, Coal naphtha and Phene.
A number of studies and reviews have lined benzene exposure to certain forms of leukemia. The four major types of leukemia are:
- Acute myelogenous leukemia (AML)
- Acute lymphocytic leukemia (ALL)
- Chronic myelogenous leukemia (CML)
- Chronic lymphocytic leukemia (CLL)
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