Products Liability Claims Examples
Hair remover carried an unpleasant extra: A company that makes a facial hair remover received a claim from a woman who purchased its product. The claimant alleges mucous formed in her eye and that her eyelid became discolored from the product. The insured company denies the mucous and discoloration were caused by application of their product, and maintains it was the result of some unrelated infection. Settlement is being explored.
Suspect labeling: An advocate for animal rights who is a strict vegetarian brought a claim against a company that manufactures nutritional supplements claiming battery and consumer fraud. The claimant alleges the packaging of the supplement fraudulently states that its nutritional supplement is vegetarian, when it actually contains animal products or by-products. The claimant threatened to file a class action suit against many companies engaged in false labeling. The claim is being settled.
No fun in the tank: A claim was filed against the manufacturer of a “dunk tank” game used at carnivals. A church group leased the game for its annual carnival. While in use, the game malfunctioned and injured the person sitting inside the tank. The claim is pending.
Low dose mistake: A woman who was given an incorrect dosage for her thyroid medicine filed a lawsuit against a pharmaceutical manufacturer and a pharmacist. The suit alleges that as a result of an incorrectly mixed dosage, she experienced mood disturbance, depression, suicidal tendencies, anxiety and general musculoskeletal pain. Although the primary fault appears to lie with the pharmacist, who mixed the prescription to one-tenth of the proper strength, the manufacturer who makes and distributes the chemical compound found in the medication also has been named in the suit. Suit is pending.
Motorcycle in a box gone wrong: A lawsuit was filed against a manufacturer of custom motorcycle kits. The kits are shipped with the customized parts fastened to the frame of the cycle, but not assembled for the road. Kits are intended to be further customized and finally assembled by a knowledgeable consumer or shop. In this case, the plaintiff purchased the cycle through one of the Insured’s distributors and brought it to a friend’s motorcycle shop for final assembly. After the plaintiff’s cycle had been fully assembled, the plaintiff took it for a test drive, during which an accident occurred. The plaintiff alleges the brakes locked due to a negligent design and he was thrown over the handlebars. As a result of the accident, he fractured a leg. Suit is pending.
Defective wheelchair or more weight than it could handle: A claim was filed against a company that designs and manufactures wheelchairs, then hires physical therapists to sell and fit wheelchairs to their users. An obese, 67-year-old stroke victim bought a chair, which he used while being cared for in a nursing home. One day a section of the chair collapsed while the man was seated in it causing him to fall backwards and strike his head. He was immediately transported to an acute care facility where he died two weeks later. While there was evidence the chair was defective, there is some question whether the deceased’s weight played a part in the chair’s malfunction. The claim is pending.
Dueling manufacturers: A claim was filed against the manufacturer of custommade hunting rifles and the manufacturer of the barrels used in the rifles. The claim arose when a man who was hunting injured his hand when the barrel of his rifle exploded. The incident was the fourth explosion of this type, and the manufacturer of the rifle maintains it is because the barrels are defective. In response, the barrel manufacturer alleges the rifle manufacturer re-calibrates the barrels and makes them too thin, causing them to explode. The claim is pending.
