Take a look at this presentation by Seth Godin. I love the part where he talks about companies slapping a warning label on dangerous products instead of fixing the product itself.
Seth Godin at Gel 2006 from Gel Conference on Vimeo.
I thought I had seen every perspective on the possible impact of a bankruptcy filing by Chrysler, GM or Ford. Apparently, I had not.
Products Liability and Injury Lawyer Blog: Auto Industry Bankruptcy: How Will It Affect Products Liability Litigation? Should one of the Big Three file for bankruptcy, products liability litigants may be forced to petition the bankruptcy court in order to obtain permission to initiate new actions against a bankrupt automaker, or to allow them to continue proceedings already in progress in another court.
Even though we know that economy runs cyclically and that some businesses do fail, I still find it a bit unreal to consider that one of the Big Three might go under. All of a sudden, that deep pocket turns out to not be that deep.
WARNING: This product contains lead, a chemical known to the State of California to cause cancer and birth defects or other reproductive harm. Wash your hands after handling.
I spotted the above warning when shopping around for Christmas trees. Of all items that should be lead-free, I would imagine that Christmas trees should appear at the top of the list. I think Christmas trees are an attractive nuisance, especially those premium fake trees that practically appear real. No one wants a lump of coal for Christmas, or lead poisoning.
MSN Games: Photosensitive Seizure Warning. A very small percentage of people may experience a seizure when exposed to certain visual images, including flashing lights or patterns that may appear in video games. Even people who have no history of seizures or epilepsy may have an undiagnosed condition that can cause these “photosensitive epileptic seizures” while watching video games.
I was doing some legal research on the MSN website looking for an online poker game. Seriously. Lottotron, Inc. had recently filed a patent infringement suit against Microsoft over its online poker and casino games. However, I got distracted by the above disclaimer about online games causing seizures. You’ve been warned.
MedPage Today: Brochiolitis Obliterans Pops Up in Home Microwave. A microwave-popcorn addict who found the aroma of the freshly made snack to be irresistibly intoxicating has developed brochiolitis obliterans[.]
I had previously seen reports of workers in popcorn plants suffering respiratory illness from breathing in diacetyl, which popcorn manufacturers use to impart the flavor of butter to popcorn. However, this is the first time that I’ve read about it occurring in consumers. I wonder if we’ll be seeing “If you’ve been injured in a popcorn accident…” ads on late-night television. Lieff Cabraser Heimann & Bernstein, LLP does have a Butter Flavoring Lung Injury website.
Forbes/Associated Press: Experts Urge Blood Tests in Toy Recall. Parents worried their children may have been exposed to excessive levels of lead in recalled Fisher-Price toys should visit the pediatrician for a blood test, experts said Thursday.
So, explain this one to me. Toys that contain lead paint that you are not supposed to ingest gets recalled. However, chicken that contains melamine that is intended for human consumption…well, that’s safe. Huh?Anyways, Mattel will be taking a $30 million charge to reflect the cost of the recall, which may seem high. In reality, an American jury presented with a fact pattern showing that a major American toy company exported American manufacturing jobs overseas to cut costs and then imported lower quality Chinese manufactured children toys that contain toxic lead paint without screening for product safety…well, you tell me what the punitive damages award will be. Think the jury will want to “send a message” to corporate America? $30 million product recall looking cheap now?
Wall Street Journal: China Product Scare Hits Home, Too. China is still at the early stages of developing the type of product-liability and product-recall system that is common in many Western countries, a system that leaves little recourse against companies that flout regulations that are rarely enforced. Product-liability lawsuits, common in the U.S., are rare in China’s legal system.
And, if some politicians have their way, product liability lawsuits will be rare in the U.S. legal system as well. After all, President Bush said, “The cost of lawsuits, relative to countries that we compete against, are high.” [Actually, he should have said the costs—plural—are high, but who am I to pick on the President’s grammar.] Now, the Census tells us that our second largest trading partner is China. So, either we have to gravitate toward their model or they have to move to ours. Which will it be? Who wants diethylene glycol in fresh mint with tartar control?
Ken Shigley: Ford – Volvo divorce in the works?. When Ford acquired Volvo a few years ago, I thought it was quite a mismatch of corporate cultures. Volvo had a reputation for building the world’s safest cars. Ford, on the other hand, sometimes seemed only slightly ahead of Yugo in that regard.
In his observations about the rumored impending split between Ford and Volvo, Atlanta Personal Injury Attorney Ken Shigley notes that both he and his first-born daughter drive Volvos. Who better to tell you which cars are safe than someone who is intimately familiar with the devastating impact that unsafe cars can cause. Now that’s an endorsement.
Last week, Senator Mark Pryor (D-AR) introduced legislation to prevent children from being trapped or eviscerated by swimming pool drains. The Senator named the legislation after Virginia Graeme Baker who drowned when suction from an outdoor spa drain cover pinned her underwater. Virginia Baker was seven at that time, and was the granddaughter of former Secretary of State James Baker.So, what happens when personal tragedy strikes a Republican family? Do they sue and look for deep pocketed defendants? You betcha. The Supreme Court of Virginia affirmed the trial court’s judgment to dismiss the case against defendants Poolservice Company and Hayward Pool Products, Inc. with prejudice. Their only connection to the tragedy was that they had performed routine cleaning and maintenance on the spa a few days before the drowning. The spa owners did not ask them to perform a safety inspection. Nevertheless, the Bakers sought to hold this business responsible for the death of their daughter. I wonder if the American Tort Reform Association will be holding a fundraiser for the pool cleaners?
Virginia Graeme Baker Pool and Spa Safety Act (Introduced in Senate)S 1771 IS
Mr. PRYOR (for himself, Mr. DODD, Mr. STEVENS, Mrs. HUTCHISON, Ms. KLOBUCHAR, Mr. WARNER, Mr. DURBIN, Mr. MCCAIN, and Mr. COLEMAN) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation
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