Category: product liability

Dark Green: Energy-Efficient Wind Power isn’t So Safe

April 05, 2012   Staff   No comments
Wind Turbine Farm

Green energy has many positives. The cheap cost of electricity production allows many businesses and private homes to trim expenses in an environmentally-friendly way, while also shaking dependence on traditional energy sources. The technology, ever in development, is not without its problems. Wind turbines weigh in the thousands of pounds and sit high in the air. When mechanical problems occur – and they do frequently – these money-saving devices turn into life-threatening hazards. Wind power companies and turbine owners may not be doing enough to limit the risk to people living and working close to turbines. Wrongful death cases and significant injuries from turbine accidents are inevitable, if manufacturers continue to cut production corners.

Pennsylvania Turbine Fire

Photo Credit: Panoramio

In 2009, one of 12 wind turbines in Mahanoy Township, Pennsylvania caught fire while crews were performing regularly-scheduled maintenance. Locals in nearby Butler Township were so wary of the dangers that they aggressively fought a proposed wind farm that would’ve placed 27 turbines next to residential homes and schools.

187-Ton Windmill Collapse

Photo Credit: Dennis Nett

One of 20 windmills in a wind farm in Fenner, New York collapsed like a kid’s bendy straw scattering mechanical parts and jagged steel across the landscape. Enel North America, the company owning the windmill, had more than 260 turbines in various farms throughout the country at the time of the accident. The estimated replacement cost for the single turbine was between $2 and $3 million, according to Syracuse.com. The windmills in Fenner sit 212 feet off the ground, nearly as tall as the town’s highest building.

Turbine Malfunctions, Throws Fireballs

Photo Credit: Panoramio

A wind turbine on the home of Texas State Representative Susan King experienced mechanical failure in October 2011. The turbine’s blades continued to spin even as the engine sparked, ignited and spewed gouts of flame across a two-acre swath of the senator’s property. Crews responding to the emergency needed eight trucks to contain the blaze. Next Era Energy owns the turbines on King’s ranch, according to Friends of Freedom International.

Windmill Blades Fall Off

Photo Credit: Yes to Renewables

Bolt failures on a windmill in Rugby, North Dakota caused the blades and rotor on the tower to fall off and crash to the ground. Subsequent inspections by the Public Service Commission discovered similar problems in at least four more turbines in the 71-turbine farm. Iberdola Renewables owns the turbines manufactured by India-based Suzlon Wind Energy Corp. Inspectors normally examine bolts every six months, according to “The Bismarck Tribune”. That leaves only two explanations: the bolts show rapid degeneration or those inspectors aren’t keeping up with proper protocols.

With the force involved in these accidents, it’s only a matter of time before someone sustains significant injuries. Companies that fail to properly maintain wind turbines may be liable for damages relating to injuries or life loss occurring as a result.

If you or someone you love sustained injuries as the result of manufacturer negligence, you may have rights to pursue the party responsible for damages. New Jersey accident attorneys are ready to represent your interests and stand up to those at fault for your losses. Having an advocate on your side allows you to focus on what’s important – your recovery.

Photo Credit: Renewable Power News

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Cheese Products Recalled for Listeria Contamination

April 04, 2012   Staff   No comments
Cheese Products Recalled for Listeria Contamination

New Jersey-based El Rancho Del Sur has issued a defective product recall for some of its cheeses due to possible listeria poisoning. According to a Business Week news report, the company has announced a voluntary recall of its Fresh Cheese, Fresh Cheese in Banana Leaf and String Cheese. The products in question were distributed between February 23 and March 14 to retail stores, supermarkets and restaurants in New Jersey and Pennsylvania. Consumers who have purchased these recalled products can return them to the place of purchase for a refund. In addition, customers can call the company with questions at 732-967-9265.

Deadly Food-Borne Illnesses

E. coli and salmonella are food-borne illnesses, which could result in serious personal injuries, including organ damage or even death. Listeria is a type of bacterium, which can cause an infection known as listeriosis, which can also result in serious and long-term adverse health problems. Listeria can sicken people with weakened immune systems and can cause miscarriages in pregnant women. The baby may die unexpectedly before birth or experience a life-threatening infection within the first few days of birth.

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Pain Is Beauty: What Are Your Cosmetics Really Made Of?

February 23, 2012   Staff   No comments
dangerous cosmetics

Women can be very particular about their makeup. As for me, I am a full-blown M.A.C. girl (with the occasional visit to Sephora or Ulta), but to each their own. So when reports come out telling me that the makeup I use contains dangerous heavy metals without listing them on the label, I become a little distraught.

The Food and Drug Administration (FDA) recently released a report addressing the fact that lead is present in 400 different lipsticks. They reported that regulations allow a presence of up to 20 parts per million (ppm) of lead in cosmetics.

Here is a list of the top 20 lipsticks with the highest concentration of lead.

I must say I am relieved that M.A.C. was much lower on the list, but other companies like Revlon and L’Oréal appeared on the list more than once. Surprisingly of the 400 lipsticks tested, the one that contained the least amount of lead (less than 0.026 ppm) was Wet’n’Wild Mega Mixers Lipbalm in Bahama Mama—coincidentally it is also the cheapest lipstick on the list according to a Shine report.

Before you run to your makeup bag and throw out all of your lipstick—the FDA does not feel this poses a significant risk to consumers. They stated:

We have assessed the potential for harm to consumers from use of lipstick containing lead at the levels found in both rounds of testing. Lipstick, as a product intended for topical use with limited absorption, is ingested only in very small quantities. We do not consider the lead levels we found in the lipsticks to be a safety concern. The lead levels we found are within the limits recommended by other public health authorities for lead in cosmetics, including lipstick.

The Shine report went on to talk about another testing that was done on common cosmetics. The Canadian study tested 49 cosmetic products and found that 96 percent contained lead and every product contained at least one of the following heavy metals: arsenic, cadmium, lead, nickel, beryllium, thallium, and selenium. And even though the FDA said there was no threat the Center for Disease Control and Prevention does not agree—they say lead exposure is dangerous at any level.


Dangerous products can lead to unintentional injury. The manufacturers have an obligation to be sure that their products are safe for consumers and if they discover they are not the product must be recalled and the issue resolved. If you or someone you love has suffered an injury as the result of a dangerous or defective product contact the Pennsylvania injury attorneys at Console & Hollawell. Call us today at (866) 778-5500 to set up your free consultation.

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FDA Questions Safety of Inhalable Caffeine

February 22, 2012   Staff   No comments
dangers of inhalable caffeine

Ever have one of those days where you just wish you could inject caffeine into your system and be on your way? Well, while you can’t get a direct shot to your blood apparently you can just breathe in the caffeine without the damaging effects of drinking energy drinks, shots, or pills. AeroShot is a revolutionary product that dispenses caffeine and B vitamins into your mouth without any calories.

While this may seem like a blessing in disguise, the Food and Drug Administration (FDA) is not so sure. According to a CNN report, the Administration is planning on investigating this new form of caffeine intake because they question its safety. The report explains that consumers can currently purchase the AeroShot, a lipstick-shaped container that dispenses the caffeine and vitamins, online or at convenience stores in both New York and Boston. And the kicker of it all—it only costs $3.

A single tube of AeroShot can be consumed all at once or in small doses according to the product’s website. In the CNN report one New York Senator, Charles Schumer, is very wary of the consequences of a product like this.

He told CNN that, “This product could be very dangerous. There might be legitimate uses. The business man staying up late who doesn’t want to drink that cup of coffee, that’s OK. But what about kids who go to bars and take several shots of AeroShot so they can drink more?”

The Senator brings up a valid point. There has been a lot of attention in the media of the dangerous of mixing caffeine and alcohol—remember the Four Loko scandal? Even with caffeine / alcohol combination drinks being altered to be less dangerous people are still dying.

Just this past weekend there was a 13-year-old boy from Maryland who died after consuming Four Loko according to news reports. So what is going to stop individuals from abusing the ease of this caffeine intake? After all, it won’t be like pounding down a Red Bull which could make you full and unable to drink as much. Senator Schumer took his concerns to the FDA by writing them a letter and the FDA reported that they will investigate his concerns and send him a response directly.

Although it is an energy supplement, in the FDA’s eyes energy pills, shots, etc. fall under the same regulations as dietary supplements. CNN reported that:

The company making them is responsible “for determining that the dietary supplements it manufactures or distributes are safe and that any representations or claims made about them are substantiated by adequate evidence to show that they are not false or misleading,” according to the FDA website.

It’s rare for the agency to prohibit a supplement. In 2004, it stopped the sale of the diet supplement Ephedra, but only after deaths and other serious side effects were reported.

“Manufactures are free, basically, to sell almost any product they want and to make any claims they want about dietary supplements” [David Schardt, from the Center for Science in the Public Interest] said. “It’s the burden of the Food and Drug Administration to prove that a product is unsafe and the dietary supplement industry has lawyers to defend their products and it’s a long involved process.”

At this point it is just a game of wait and see. The product has not been removed from the market, but depending on what the FDA concludes in its investigation inhalable caffeine may become just another failed product.

The FDA plays a very important role and in conjunction with other government agencies helps protect consumers from hazardous or harmful products. If you or someone you love has been injures as the result of a dangerous or defective product of any kind you may be entitled to compensation. Contact the Philly accident lawyers at Console & Hollawell today to find out what your legal rights and options are. Call us today at (866) 778-5500 to set up your free consultation.

All photos from AeroShot website.

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Tumblekins Toys Recalled for Choking and Laceration Hazard

February 20, 2012   Staff   No comments
child injured by toy

As if parents do not worry for their child’s safety enough already, there has been another recall of a child’s toy. Late last week the Consumer Product Safety Commission (CPSC), in conjunction with International Playthings LLC, announced the voluntary recall of several Tumblekins play sets. The toys can break into small pieces posing a threat of children choking on the small parts. Also when the toys break they can have sharp points which can cut the child.

The recall affects several of these Tumblekins sets including: the fire station, farm playset, police car, roadster, off-roader, fire truck, and the school bus. These products were sold between March 2011 and December 2011. If you own one of these toys you need to take them away from your child immediately and contact the manufacturer for a replacement toy. The can be contacted at (800) 445-8347 Monday through Friday from 8 a.m. to 5 p.m. EST or by email at recall@intplay.com.

It seems that it is becoming more common for these toy recalls to be made and that makes me wonder why companies are not testing their products more thoroughly before they reach the market to ensure they are safe for children. It really is imperative that these companies start enacting measures to make their products sturdier and safer. It really is upsetting that the only time these recalls seem to be made is after they have already harmed a child. In this case, there was one report of the toy breaking but thankfully there was no harm done to the child.

While it is commendable that the manufacturer acted quickly and proactively by recalling the product after only one report, because with most of these recalls you will see much higher numbers, there are still questions of what happened to cause this hazard. I am always wondering what kind of tests these toys go through before they can make it on the market in the U.S., especially with imported toys.

We are all quite aware that many of our products are manufactured abroad, in the case of these toys they were made in China. The CPSC says that they have rigorous standards in place for products that are imported, but how thoroughly are they actually tested? Do they take the toy out and actually play with it, checking to see how durable the toy is, or if any part of it could potentially be harmful to a child?

I think there should be more rigorous testing performed on products especially those that are for children. Kids do not delicately play with toys—they throw them around, bite them, smash them into other toys, and the product needs to be able to withstand that. When your child is playing you should not have to worry about them getting injured. Toys are needed to help your child grow and develop skills and they cannot be expected to do that if there is a hazardous product lurking behind every corner.

If your child has been injured because of a dangerous or defective product you are entitled to compensation. As a parent, you want nothing more than for your child to grow up safe and happy and manufacturers who produce unsafe products endanger that dream and are negligent when they place a dangerous product in the hands of your child. Contact one of the skilled Philadelphia accident lawyers at Console & Hollawell today to find out what your legal options are. Call us at (866) 778-5500 and set up your free consultation.

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Arsenic Found in Baby Formula, Organic, and Gluten-Free Foods

February 16, 2012   Staff   1 Comment
Overfilled Baby Bottle

The journal Environmental Health Perspectives has just released a study that has found that organic brown rice syrup and other rice products contain arsenic. This ingredient is used in various food products including organic and gluten-free foods and even baby formula.

Arsenic can be deadly if consumed in large quantities, but it is found naturally in groundwater. The fact that rice is grown in soil prompted this study to see just how much of this arsenic is making its way into our food. Time Magazine reported that there are federal regulations as to acceptable arsenic levels in drinking water both tap and bottles, but there is no standard for levels in food. In water there it is not acceptable to have more than 10 parts per billion (ppb) of arsenic present.

In small doses, arsenic can still result in dangerous health situations and this is especially true for children as they are more susceptible to arsenic poisoning. Continued exposure to small amounts of arsenic is shown to increase chances of heart disease, cancer, and has been shown to inhibit intellectual ability for children.

The study found that in two of the 17 formulas tested brown rice syrup was a main ingredient. They also tested 29 different cereal and energy bars and found that 22 of them listed the rice syrup, rice grain, rice flour, or rice flakes as ingredients all of which contain arsenic levels. The bars were found to have arsenic contamination ranging from 23 ppb to 128 ppb. The study also addressed the ever-popular energy shots. Of the three they tested one had 84 ppb of arsenic and the other two had 171 ppb.

All of these levels are well above the accepted amount for drinking water yet why is it acceptable for our food? Why is there no federal regulation limiting this dangerous poison? If the government will not step in and put a stop to this contamination then consumers must take matters into their own hands. Read the ingredients on your baby formula as well as organic and gluten-free foods and avoid those products that list brown rice syrup or one of the other aforementioned rice products in them to protect yourself and your family from a hazardous situation.

If your or someone you love has been injured or made ill as the result of a dangerous food product contact the NJ injury lawyers at Console & Hollawell to find out your legal rights and options. Call us today at (866) 778-5500 to set up your free consultation.

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