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Law Offices of Jonathan M. Cooper

New York Noncompete, Trade Secret & School Negligence Blog

This blog by the six-time published author Jonathan Cooper, is intended to educate the general public about issues of interest, particularly innovations and changes in the law, in the areas of non-compete agreements, breach of contract matters, school negligence (and/or negligent supervision), construction accidentsslip and/or trip and fall accidentsauto accidents, and, of course, defective or dangerous products

For additional information on any of these topics, readers are encouraged to download these FREE e-books:

 


8/3/2010
Jonathan Cooper
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Study Finds Over 250,000 Children Treated For Household Cleaner Related Injuries Since '99

Long Island, New York child injury and products liability attorney Jonathan Cooper discusses a new study that was released by the American Academy of Pediatrics which found that while the numbers of child injuries related to exposure to household chemicals has dropped, a very high number of cases are still being reported every year. For additional information on how the Federal Regulations regarding packaging are designed to protect small children, please see the Free Guide to New York Products Liability Claims at www.ProductsLiabilityBook.com, or contact Jonathan Cooper directly at 516-791-5700.

Category: Keyword Search: children's product recall

7/12/2010
Jonathan Cooper
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Why It's So Important to Find Qualified Experts in a NY Products Liability Case

Long Island, New York products liability and defective baby products lawyer Jonathan Cooper discusses how a recent decision from one of New York's appellate courts highlights why hiring appropriately qualified experts is absolutely critical to the success of a products liability case in New York. For additional information on this topic, please see https://www.jonathancooperlaw.com/library/the-most-important-issue-before-you-start-a-ny-products-liability-case.cfm, or contact Jonathan Cooper directly at 516-791-5700.

Category: Keyword Search: children's product recall

6/30/2010
Elie Schulman
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Brooklyn Park Removes Defective (and Ridiculous) $84,000 Playground Equipment

Long Island, New York child injury and defective products attorney Jonathan Cooper discusses how a Brooklyn park was forced to remove defective playground equipment, and whether the manufacturer's claim that it complied with all relevant safety guidelines would effectively preclude a lawsuit against them. For additional information on how to prove a defective design claim for a children's product, please see https://www.jonathancooperlaw.com/library/how-to-prove-that-a-product-was-defectively-designed-under-ny-law.cfm, or contact Jonathan Cooper directly at his Long Island, New York office at 516-791-5700.

Category: Keyword Search: children's product recall

2/7/2010
Jonathan Cooper
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Toyota either has, or is about to learn, that the problem with going to desperate measures to conceal design defects with your product lines is that you can go too far, and then get caught in your own web of lies. As noted in a New York Times editorial that was published this past Friday, Toyota's claim that the federal safety agency had found no defects with their cars where the floor mat was compatible with the vehicle and properly secured was patently false.

Now, Toyota has essentially been forced to issue a product recall of over 4 million vehicles, roughly 3 times the number of vehicles it sold in North America in the past year. And, looking forward, I imagine this is only a small part of Toyota's problem, because I don't see how anyone in their right mind would trust a representation from either Toyota or the government (which, in fact, did look the other way on some of these problems until they mushroomed) that these defective designs, whether with regard to the sudden acceleration, the "sticky" gas pedals, or problematic driver-side mats had been remedied, and the cars were once again safe to be driven.

Stated differently, how can Toyota convince anyone to buy one of their products?



Category: Keyword Search: children's product recall

11/24/2009
Jonathan Cooper
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CPSC Announces Largest Defective Children's Crib Recall Ever

Published author of the Insider's Guide to Product Liability Claims entitled "Why There Are So Few Successful Defective Products Lawsuits," discusses the largest children's crib recall in history. For additional articles and valuable information on crib recalls and other defective product recalls generally, please visit Long Island, New York Defective Products Lawyer's website and blog at www.JonathanCooperLaw.com.

Category: Keyword Search: children's product recall

11/9/2009
Jonathan Cooper
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As noted in our description of the AP's video news report on the mass recall of over 1 million defectively designed Maclaren strollers, the recall was apparently prompted by 12 reported incidents of children whose fingers were partially amputated when they became caught in the strollers' side hinges.

This begs two important questions:

(1) Why did it take so many incidents where children were quite seriously injured before the conclusion was reached that these products needed to be recalled ? (Unfortunately, this is NOT the first time we are asking this question); and,

(2) Given the severity of this safety defect, why didn't Maclaren's testing of these strollers reveal this problem before the products ever made it to the marketplace?

I think it is safe to assume that the answers to these questions will only be learned when Maclaren is sued for one of these children's injuries. And I have no doubt that those lawsuits are coming.



Category: Keyword Search: children's product recall

8/13/2009
Jonathan Cooper
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Earlier today, the U.S. Consumer Products Safety Commission issued a press release reminding everyone in the chain of distribution of children's products, from manufacturers and distributors to resellers and retailers that many of the provisions of the Consumer Product Safety Improvement Act become effective tomorrow.

Interestingly, one of the provisions of the Act that has received the least attention (most of the Act is focused on the lead level in children's toys) may have the most promise in terms of its likelihood to improve product safety: new labeling requirements.

Under the Act, manufacturers are now required (unless manifestly impractical) to put permanent tracking labels on any consumer product that is targeted for use by children aged 12 and younger. These tracking labels must identify the name of the manufacturer and its location, the date the product was manufactured, and must specify information from the manufacturing process itself, including the lot or batch number.

The immediate and practical benefits to this provision are twofold:

  1. At the first hint that a product may be defectively designed, and a recall may be needed, it will be far easier to identify which specific products need to be recalled, and concurrently, to track where the recalled products were sold. As a natural consequence, it should make product recall efforts far simpler and more effective.
  2. It will help claimants who have been injured by a defective product to identify with greater specificity the potentially responsible parties, and thereby reduce the litigation costs borne by parties with no real connection to the products at issue.


Category: Keyword Search: children's product recall

7/30/2009
Jonathan Cooper
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In the near-daily bombardment of announcements of defective product recalls, it is hard for any one recall to really stand out, especially if it does not involve an egregious safety hazard. But, every once in a while, a relatively minor product recall can distinguish itself, if only because the circumstances underlying the recall are unusual, or simply off the beaten path.

Yesterday, the CPSC announced one such recall. And it was noteworthy in two respects: first, this recall has absolutely nothing to do with the actual design of the product - it had to do with the product's instructions. Second, and in the same vein, it wasn't simply a question that the instructions were inadequate or unclear (just imagine if that were the standard that companies employed to issue recalls); rather, they simply forgot to include a critical set of instructions regarding the swing seat's harness.

Consequently, this product recall is distinct from the garden variety recall because it touches upon a failure to warn claim rather than a defective design claim. For more information on the distinctions between these two different types of defective products claims, please see "Why There Are So Few Successful Defective Products Lawsuits."

Category: Keyword Search: children's product recall

7/6/2009
Jonathan Cooper
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On July 2, the Consumer Products Safety Commission, in conjunction with Aqua-Leisure Industries, recalled over 4 million children's inflatable boats and rafts, after they received over 30 complaints that the straps which secure the children's legs had a tendency to rip, causing the children to fall into the water. Although, thankfully, no drowning incidents have been reported due to this problem, it bears repeating that in terms of New York law governing defective products (or "products liability"), this is a classic example of a design defect. For additional information on what factors determine what a plaintiff must prove to succeed on a defective products claim, you can download the free eBook, "Why There Are So Few Successful Defective Products Lawsuits."

Category: Keyword Search: children's product recall