Products Liability

Who Can Be Held Liable for a Defective Product in Washington, D.C.?

August 27, 2020 | Lebowitz & Mzhen

In the event that a consumer is injured by a defective product, a number of parties may be liable for the plaintiff’s injuries. Under Washington, D.C. product liability law, a person or an entity that engages in selling or distributing products is liable for harm caused by a defective product sold or distributed by that person or entity. Therefore, manufacturers and sellers are strictly liable for their defective products.

In a strict liability claim under Washington, D.C. law, a plaintiff must prove that the seller engaged in the business of selling the product that caused the harm, the product was defective and unreasonably dangerous when it was sold to the consumer, the seller expected to and reached the consumer without any substantial change in the product’s condition, and the defect directly and proximately caused the plaintiff’s injuries.

In a recent case before a state appellate court, the court considered the reach of strict liability laws in the online shopping era. Specifically, the court considered whether Amazon could be held liable for a defective product sold on its site. The plaintiff purchased a replacement laptop computer battery on Amazon. The listing identified the seller as “E-life,” and was sold by Lenoge Technology. Amazon charged the plaintiff, packaged the battery for shipment in Amazon packaging, and sent it to the plaintiff. The plaintiff claimed that several months after she bought it, the battery exploded and caused her severe burns. She filed suit against Amazon, Lenoge, and others. The plaintiff claimed in part that Amazon was strictly liable for the defective product. Amazon argued that it did not distribute, manufacture, or sell the product, and thus it could not be held liable under strict liability laws. The trial court agreed, and the plaintiff appealed.

Contaminated Red Onions May Lead to Washington, D.C. Products’ Liability Suit

August 13, 2020 | Lebowitz & Mzhen

Onions are a staple in many foods that Washington, D.C. residents eat every day. However, currently, red onions are linked to a salmonella outbreak across the United States and Canada. This means that many foods involving onions—from onion rings to burgers and salads with onions on them—may be making people sick. The outbreak and affected onions may be involved in future Washington, D.C. product liability cases. Washington, D.C. residents should be aware of the concern and their legal rights if they fall ill.

According to a New York Times article covering the incident, more than 500 cases of salmonella and at least 75 hospitalizations have been reported in the U.S. and Canada. The cases are all thought to have come from red onions grown in California and transported across the two countries. In the U.S., there have been confirmed cases in at least 34 states. The majority of illnesses and hospitalizations are in the U.S. Salmonella is an illness that causes diarrhea, fever, and abdominal cramps, and can persist for four to seven days. Those who are older or have weak immune systems are more likely to develop severe cases, and may also experience high fever, headaches, or rashes.

The produce supplier thought to have supplied the contaminated red onions recalled red, yellow, white, and sweet onions as a result of the outbreak. Recalls are not easy—the onions have been sent to wholesalers, restaurants, and grocery stores all across North America. Health officials recommend that consumers throw away any onions (or food made with onions) supplied by Thomson—the distributor. If they are not sure where they got their onions, they are also encouraged to throw them away to be safe.

Washington, D.C. Nursing Home Staff and Residents Have an Increased Risk of Getting COVID-19

August 5, 2020 | Lebowitz & Mzhen

The rapidly spreading coronavirus (the virus) has highlighted the glaring issues that Americans face when they are medically fragile or experience poverty. Many of these individuals and their families have suffered serious health and financial tolls because of the virus. Although the virus has wrought havoc on people across the socioeconomic and health spectrum, those residing in Washington D.C. nursing homes, assisted-living facilities, prisons, and shelters have suffered at alarming rates. The disparity in the number of cases at these facilities may be due to many factors; however, one common denominator is the lack of effective personal protective equipment (PPE) for employees and residents. The government provides these industries with protection from lawsuits for negligence claims related to their conduct during the crisis; however, there are limitations to this protection.

Although the country understands that these companies seek to help individuals survive the crisis, some situations may warrant a lawsuit. For example, one national news source described the harrowing accounts of healthcare workers who received shipments of outdated, ineffective PPE during a critical time. According to reports, the Federal Emergency Management Agency (FEMA) provided some nursing homes with shipments of PPE; however, the shipments included loose gloves, masks made from underwear, and isolation gowns without openings. Regulators advised these facilities not to use the equipment, because they may present an infection-management risk. FEMA explained that the equipment met federal industry standards, but asked the private contractor to provide replacement equipment. They also claimed that the majority of their shipments were met without complaint.

Ineffective PPE, faulty medical devices, and unsafe drugs can take a devastating and potentially fatal toll on those that rely on the efficacy of these products. The Public Readiness and Emergency Preparedness Act (PREP Act), affords the manufacturers and suppliers of these products with broad protection against lawsuits. However, the entities evoking protection must be a covered business, supply covered countermeasure products, and be engage in covered activities.

Recovering from an Injury Caused by a Dangerous Product in Washington, D.C.

June 20, 2020 | Lebowitz & Mzhen

Summer is officially here, and soon, families will be heading to water parks where they can escape the heat, enjoy the water, and cool down for a few hours. Others with a taste for adventure may seek the excitement of a rollercoaster or a waterslide during their visit. These trips are usually filled with fond memories and amusement parks often do take the necessary precautions to adequately protect guests’ safety. However, when a preventable injury occurs, these parks can often be held accountable through a Washington, D.C. premises liability lawsuit. In addition, a recent case illustrates that amusement parks may also be liable for guest’s injuries under a product liability theory.

According to the recent opinion, a man brought a product liability claim against a water park after he was injured while going down a waterslide. The plaintiff had slipped from a sitting position on an inner tube and landed on his stomach. When the plaintiff splashed into the pool below, he hit his feet on the bottom of the pool, leaving him with a fractured pelvis and hip. Even though the plaintiff had ample evidence of his injury and the water park’s role in causing it, the trial court ruled against him in his product liability claim.

In front of the appellate court, the defense argued that their water park provided its guests with a service, and not a product, and thus the plaintiff’s product liability claim must fail. Because product liability claims can only apply to products and not services, the defense argued that patrons visit the water park to obtain a service involving the use of waterslides, rather than paying a fee to primarily use waterslides as a product.

Expert Testimony Requirements in Washington, D.C. Injury Cases

May 13, 2020 | Lebowitz & Mzhen

Washington, D.C. product liability cases often require expert testimony concerning the connection between the defective product and the resulting injuries. The District of Columbia Court of Appeals, the highest court for the District of Columbia, decided in 2016 that District of Columbia courts would apply the Daubert standard embodied in Rule 702 of the Federal Rules of Evidence to determine the admission of expert testimony in civil and criminal cases.

Under Rule 702, a witness is qualified as an expert if:

The expert’s specialized knowledge will help the trier of fact to understand the evidence in the case or to determine a fact in issue;
The expert’s testimony is based on sufficient facts or data; the testimony is based on reliable principles and methods; and
The expert has “reliably applied the principles and methods to the facts of the case.”

The District of Columbia Court of Appeals determined this rule is broad enough to permit testimony “that is the product of competing principles or methods in the same field of expertise.”

Major Fast Food Chain Charged $25 Million for Causing Illnesses Across the U.S., Including Washington, D.C.

May 5, 2020 | Lebowitz & Mzhen

Popular fast-food chain Chipotle Mexican Grill recently agreed to pay $25,000,000 to resolve criminal charges they faced for serving tainted food to consumers. According to the New York Times, federal prosecutors charged Chipotle with two counts of violating the Federal Food, Drug, and Cosmetic Act by serving food from 2015 to 2018 that made over 1,000 people across the United States, including Washington, D.C., sick. In addition to the fine—the largest ever imposed in a food safety case—Chipotle has also agreed to adhere to a new food safety program, to avoid incidents like this in the future.

In the agreement, Chipotle admitted to being connected to several foodborne illness outbreaks, including several outbreaks of norovirus. Norovirus, which spreads easily, is associated with stomach upsets, vomiting, and nausea. It is said that these outbreaks were largely due to Chipotle employees not following food safety protocols. Additionally, Chipotle employees acknowledged feeling pressure to come to work even when sick, which contributed to the spread of illness to others.

This case highlights the importance of food providers and restaurants taking great care when preparing food. Federal prosecutors take credit for holding Chipotle responsible for the illnesses they caused and have promised to continue to actively enforce food safety laws to protect the public health. Food safety advocates hope that the case will set an example for others in the industry, reminding them to review and improve their own food safety policies and ensure they are being followed.

The Importance of Meeting Evidentiary Requirements in Washington, D.C. Product Liability Cases

April 13, 2020 | Lebowitz & Mzhen

When someone is injured using a product in Washington, D.C., they may assume that it was their fault, and they have no course of action against anyone else. This is especially true if they have used the machine before, or if no one else was around when they were injured. Often, those injured in these scenarios will blame themselves. However, these instances may be suitable for a product liability lawsuit. Washington, D.C. law allows individuals injured while using a dangerous or defective product to sue the product’s manufacturer. If successful, these suits may allow injured victims to recover for lost wages, pain and suffering, and past and future medical expenses.

However, potential plaintiffs need to understand how complicated these cases may be. It is usually not enough to show that you were injured while using the product. Typically, the plaintiff must prove several other elements to hold a manufacturer liable. The exact requirements depend on what type of products liability claim the plaintiff is making, but one important one that comes up often is having to prove that the product was defective or dangerous at the time that it was sold.

Recently, a federal appellate court considered a case that hinged on this requirement. According to the court’s written opinion, the product in question was a tube-end forming machine. The user would load tube into the machine, and then press a foot pedal to activate the hydraulic press, which brought clamps around the tube and shaped the end of the tube. The machine at issue was sold originally by the manufacturer in 1992 but passed along to several companies before being sold to the plaintiff’s employer in 2014. When sold in 1992, there was a finger guard to prevent a user’s fingers from being crushed by the machine, but the original guard was lost over the years and replaced with a new guard that only worked for a certain size of tube.

Product Liability Claims in Maryland and Washington, D.C.

April 7, 2020 | Lebowitz & Mzhen

Product liability cases allow a successful plaintiff to recover compensation for injuries suffered as a result of a defective product and to hold companies liable for their role in causing or allowing the defect to occur. A Washington, D.C. products liability case generally requires that a plaintiff prove that a product was defective when it left the defendant’s control, that there was no substantial change in the product’s condition before it reached the consumer, that the product was unreasonably dangerous, and that the product’s defect caused the plaintiff’s injuries.

A product that carries a potential danger must adequately warn consumers of the risk and instruct consumers on the proper use of the product. Warnings and instructions about the appropriate use must be clear, direct, and easy to understand. Under some theories of recovery, as long as the product was defective, a plaintiff may not be required to show that a defendant acted carelessly in creating the defect.

Formula Maker May Pose Health Risk to Infants

According to a recent news report, the Baby Brezza formula-making machine may pose a danger to infants. Evidently, a couple used the machine to mix formula for their baby, but after she began to lose weight, they discovered the cause of her weight loss was the Baby Brezza formula maker. The machine allegedly dispensed watery formula, which resulted in an insufficient amount of nutrients for the baby, according to the baby’s pediatrician. The baby began to gain weight again after the couple stopped using the device—but the experience was very upsetting for the parents. The couple filed two class-action lawsuits against the company, claiming the machine was defective.

Expert Testimony in Washington, D.C. Product Liability Cases

February 11, 2020 | Lebowitz & Mzhen

When someone is injured in a Washington, D.C. accident, the law allows them to file a civil suit against the responsible party to recover monetary damages for their injuries. Generally, this process requires proving four things. First, that the defendant owed a duty of care to the plaintiff. Second, that the defendant breached that duty through some act or omission. Third, the plaintiff’s injuries were caused by the defendant’s breach. Lastly, the plaintiff suffered actual damages. Failure to prove one of these elements can be fatal to a plaintiff’s claim. In Washington, D.C. personal injury lawsuits, plaintiffs may bring in expert witnesses to help prove these elements; expert witnesses can help explain how an accident happened or the extent of the resulting injuries to the court.

While expert witnesses can be extremely helpful for plaintiffs, there are certain situations where expert witnesses can be used by the defense against the plaintiff. Defendants can also call expert witnesses who may provide testimony stating that a plaintiff’s claim is false. This can damage the plaintiff’s claim, sometimes even ending it altogether; if a defendant has a reliable expert witness and a plaintiff has none, the plaintiff might automatically lose.

Take, for example a recent state appellate case against Johnson & Johnson. According to the court’s written opinion, the plaintiff used Johnson & Johnson talc-based products—specifically Shower to Shower and Baby Powder—regularly for years. In 2016, she was diagnosed with malignant mesothelioma, and filed suit against Johnson & Johnson and their talc supplier, alleging that the company’s Shower to Shower and Baby Powder contained asbestos, causing her illness. In response, Johnson & Johnson produced the testimony of an expert witness, a geology Ph.D. specializing in characterizing asbestos in raw materials and the development of asbestos analytical methods. Based on his specialized knowledge and a review of various governmental and academic studies, the expert concluded that the talc sourced from the specific mines providing for the two products was asbestos-free.

Washington, D.C. Johnson & Johnson Baby Powder Lawsuits

January 28, 2020 | Lebowitz & Mzhen

Individuals in Washington, D.C. who use Johnson & Johnson baby powder might have been exposed to serious risks by using the company’s talc-based baby powder. The company, which produces a wide range of household products, is currently being sued by the state of New Mexico for misleading consumers about the safety of its baby powder and other talc-based products. If true, the allegations could have a serious impact on Washington, D.C. consumers who use the company’s products.

The lawsuit against Johnson & Johnson accuses them of concealing the dangers of their talc-based products, which allegedly contain carcinogenic asbestos. According to a major news report covering the suit, the products at issue have been associated with certain types of cancer and lung disease. The suit, brought by New Mexico’s Attorney General on behalf of the state, alleges that Johnson & Johnson is continuing to market these products to consumers, despite their dangers. This type of suit is what is commonly called a “failure to warn” case. All companies, regardless of size, are generally required by law to warn consumers about any potential dangers posed by their products. For example, a company producing hairdryers must include a warning about how the product can cause electric shock if dropped in water while turned on, and cigarette companies are required to include warnings about lung cancer on the boxes of their cartons.

Similarly, if talc-based products pose a danger to consumers, Johnson & Johnson has a legal duty to warn consumers of such. If instead of warning consumers, companies conceal information or fail to disclose it, they can be held liable under tort law. These lawsuits are typically high profile and can be very expensive, sometimes resulting in penalties of over one billion dollars.