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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:

 


3/3/2010
Jonathan Cooper
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Shocker: Toyota's "Fixes" Of Gas Pedal Defect Apparently Don't Work

In this blog post, Long Island, New York Toyota recall and products liability attorney and author of "Why There Are So Few Successful Defective Products Lawsuits" Jonathan Cooper discusses how, by attempting to conceal the problems with their cars (which they apparently still have not fixed), Toyota has certainly earned the public's distrust. For additional information on product recalls and how they affect defective products lawsuits generally, you can download a Free copy of Jonathan Cooper's eBook on defective products lawsuits under New York law at www.ProductsLiabilityBook.com, or contact him directly at his Long Island, New York office at 516.791.5700.

Category: Keyword Search: consumer product recall

12/24/2009
Jonathan Cooper
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CPSC Launches New Product Registration Initiative - But They Can - And Should - Do Better

In this article, Long Island, New York children's safety and defective products attorney Jonathan Cooper discusses how the CPSC's newest initiative to improve product registrations is welcome, but falls short of the mark in enhancing the defective product recall process. For additional information on these topics, please download Jonathan Cooper's Free eBook entitled "Why Are There So Few Successful Defective Products Lawsuits?" from www.ProductLiabilityBook.com.

Category: Keyword Search: consumer 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: consumer 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: consumer product recall

8/6/2009
Jonathan Cooper
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Earlier today, in conjunction with the launch of its campaign to prevent re-sellers of consumer products from introducing into the stream of commerce various products that were the subject of safety recalls (an earlier study concluded that almost 75% of re-sellers failed to comply with the Federal law prohibiting the re-sale of recalled consumer products) the U.S. Consumer Products Safety Commission released its Top Ten List of Recalled Children's Products.

Interestingly, this announcement does not clarify why these particular products made the "Top Ten" list. While some may be inclined to think that this is a cheap marketing gimmick, or a vain attempt at humor (ala David Letterman), my reading of the description of incidents that led to the recall of these dangerous products convinces me that this is not the case. The distinguishing characteristic of these products? Unlike many other consumer safety recalls, the design defects in these particular products (mostly defective cribs) led to several wrongful deaths.

That said, I am still troubled by a few aspects of the CPSC's press release. One, if the stated goal of the Top Ten List is to garner and focus the public's attention on the unique dangers presented by these particular children's products, then they should say so. And rather than just issue a simple press release, they should broadcast this list all over the news, and post videos on the internet that demonstrate the manifest dangers of these products. Second, if the government went to the trouble of conducting a study roughly ten years ago which assessed whether re-sellers of consumer products were compliant with Federal law barring the re-sale of recalled products, why wasn't a companion study done to assess what measures could be implemented to improve compliance. Wouldn't that have been more important than the first study?

Category: Keyword Search: consumer 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: consumer product recall

7/28/2009
Jonathan Cooper
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De-Bunking Some Myths About Defective Products Lawsuits Under NY Law

In this article, Long Island, New York products liability lawyer and author of the guide to New York defective products cases, Jonathan Cooper, explains why some commonly held ideas about the viability and prevalence of products liability lawsuits are terribly mistaken. For additional information on this topic, please visit www.ProductsLiabilityBook.com or www.JonathanCooperLaw.com.

Category: Keyword Search: consumer product recall

7/19/2009
Jonathan Cooper
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How Product Safety Recalls Can Help Prove A Defective Products Case in NY

Long Island, New York product safety recall and defective fan attorney Jonathan Cooper discusses how a government recall of a product can be helpful and effective in proving a product liability case under New York law. For additional information on this topic, as well as products liability cases in general, please order a copy of Jonathan Cooper's FREE guide to defective products cases, Why There Are So Few Successful Defective Products Lawsuits, by going to www.ProductsLiabilityBook.com.

Category: Keyword Search: consumer 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: consumer product recall