On September 5, 2017, John and his co-counsel David Bright won a $50,642,242 product liability federal court judgment against Italian motorcycle helmet manufacturer Suomy due to the tragic and avoidable death of Brian Barrera in Acosta v. Suomy, et al., CA No. 2:14-CV-00455; in the Southern District of Texas.
Products Liability Consumer Products
Consumers interact with an infinite number of products on a daily basis in every aspect of their lives, including at work and at home. When considering the role even the simplest product like a toothbrush plays in a consumer’s life, the need for safety standards and regulation grows increasingly apparent. Consumer products liability refers to the responsibility product manufacturers have to consumers regarding the safety of the wide range of products consumers use. Consumers need to be protected against defective products and the product manufacturers and others involved in the supply chain process must be held accountable when products injure consumers. Categories of consumer products include:
- Cleaning supplies
- Building materials
- Children’s toys
- Healthcare materials
- Personal hygiene products
- Beauty products
- Food and drinks
Consumers use and interact with a broad range of products in almost every aspect of their daily lives; therefore, it’s crucial to have regulations in place to protect them from defective products that could cause them harm or economic loss. The Consumer Product Safety Act of 1972 was the first step toward establishing corporate accountability for product defects. The CPSA established the U.S. Consumer Product Safety Commission, the federal agency that develops and enforces product standards and can order product recalls and bans under certain circumstances. The agency has protected consumers by banning toxic chemicals from being used in some consumer products and implementing child safety measures on various household and other products.
While federal regulations aim to protect consumers, manufacturers continue to let defective products slip through the cracks and into consumers’ hands. Unfortunately, American consumers are still seriously injured or killed by products they bought and trusted. According to the National Safety Council, in 2018 alone nearly 14 million people were treated in emergency rooms across the country for injuries caused by consumer products. Of the 14 million injured, most were among the most vulnerable in our communities – the elderly and children. In 2018, the following were common ccauses of onsumer product injuries:
- Stairs, lamps, and flooring accounted for 3.1 million injuries
- Beds, pillows, and mattresses accounted for 893,000 injuries
- Chairs, sofas, and sofa beds accounted for 662,000 injuries
Children between from birth to age four are at the highest risk for injuries or death due to consumer products. Injuries to children are most common when they involve:
- Soaps and detergents with 15,064 injuries
- Television sets and stands with 9,277 injuries
- Cooking ranges and ovens with 9,332 injuries
Texas Consumer Products Liability Lawyer
It might be hard to imagine that a bed or laundry detergent could inflict serious injury or death to millions; however, these incidents do occur and harm consumers of all ages. A consumer harmed by a defective product needs to consult with an experienced products liability attorney like John Flood. With a history of effectively and aggressively fighting for consumer rights and protection, our trial lawyers stand ready to help you and your family.
In 2018, John completed his work for the mother of an 8-year-old little boy who was needlessly killed by a rusted steel light pole that fell on him in a restaurant parking lot. Digging through years of evidence, John discovered the pole’s maintenance was negligent. C-6184-15-G, Adams v. AC-DC Sign Group, LLC, et al., 370th Judicial District Court of Hidalgo County, Texas.