Manufacturers recall their products for a variety of reasons. It might be due to a design flaw that makes the item dangerous or the product used the wrong labels.

But sometimes, manufacturers recall a product for something that happened during manufacturing, making their normally safe goods unsafe.

Mattress company FXI has recalled about 48,000 Novaform beds because they can contain molds that are hazardous to those with damaged lungs, compromised immune systems or mold allergies. According to a notice from the U.S. Consumer Product Safety Commission (CPSC), over 500 customers reported mold on their mattresses.

It’s believed the mattresses were exposed to water sometime during manufacturing, inviting moisture into the foam, which led to mold growth.

There have been no injuries reported that were related to the mold growth. Costco stores exclusively sold the mattresses between January 2023 and June 2023.

How dangerous is mold growth?

The health risks of mold growth can vary per person. For some, the spores released by molds can lead to stuffy noses, sore throats, coughing or even skin rashes.

In the worst cases, molds can trigger asthma attacks. Those who have mold allergies can experience severe reactions. People with lung disease could catch infections from inhaling mold spores.

Filing a product liability lawsuit

Consumers normally sue manufacturers for a defective design that causes harm. Still, you can also file a product liability lawsuit for a dangerous product flaw that occurred sometime during its manufacturing, such as the moisture-induced mold growth in Novaform mattresses.

In a lawsuit claiming a manufacturing defect, you’ll have to show that the product’s manufacturing defect differs from the manufacturer’s intended design or veers from the design found in similar items on the same production line.

You’ll need expert witnesses who can testify to the item’s dangers to prove all these things in court. Legal counsel may be able to help with building your case and securing these experts.

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Photos can tell a story. In your case, they can be vivid images to help establish your compensation claim after a tragic truck collision.

However, photographing the crash scene may not be top of your mind. After all, you must prioritize seeking medical attention for enduring a sudden and severe impact.

Yet, depending on your condition, it is equally important to preserve as much evidence as possible for the complex legal fight against multiple individuals or companies. Knowing the significance of photos can advance the process of recovering damages from all liable parties.

Taking photographic proof

California is the second riskiest state for fatal truck accidents, recording almost 370 deaths in 2020. Thus, it is unsurprising that a truck’s massive size and weight, alongside other environmental factors, make for a chaotic situation. So, it may be extremely challenging to capture quality photos.

A recommended thing to do is to adjust your camera settings for clear or sharp results. Consider all possible perspectives as well. For example, wide shots can include significant details, such as weather or road hazards. Conversely, extremely close angles can show compelling nuances that can tap into emotions favorable to your circumstances.

Your photos can include:

• Your vehicle’s damages and other surrounding debris
• Positions of all involved vehicles, drivers and passengers
• Your injuries, such as abrasions, lacerations or broken bones
• Skid marks and reference points, such as traffic signals, crosswalks or intersections

No matter how compelling your photos are, they may still not be enough to substantiate your claim. Therefore, overreliance on them is a common mistake. Instead, you must also secure videos, dashcam footage and witness statements to present the events more accurately.

Preserving your truth

Photos are tangible documentation that can validate your claim amid other potential narratives from involved parties. Also, insurance companies tend to be ruthless despite what your photos reveal. It will be wise to have a legal representative in your corner who cares for your truth and is ready to pursue justice for your injuries and losses.

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Many people get bitten by dangerous dogs simply because they’re not sure how to react in the moment. If a dog charges them and looks like it’s going to attack, they have to make a decision in a split second, and they may yell or run away. Either is an instinctive reaction, part of the flight or fight process that the body goes through when faced with true danger.

But both of these instincts aren’t safe responses. You likely can’t outrun a dangerous dog, and its prey drive just makes it more likely to chase you if you try. So, what should you do in this situation?

Keep a low energy level

First of all, a dog will react to the energy level that it senses in a human. It’s important to stay calm and keep your energy level as low as you can. Speak in soothing tones.

Back away slowly

Rather than turning and running, keep your eyes on the dog. You may want to turn to the side to create a smaller profile. You can then begin slowly backing away, which means the dog will be less likely to chase you. If possible, avoid making direct eye contact while you do this. Watch the dog out of your peripheral vision so that you can see what it is doing without presenting yourself as a threat.

Don’t try to intimidate the dog

People sometimes try to scare a dog by being aggressive or yelling. Similar to screaming in fear, however, this will almost certainly result in an opposite effect. It can rile the dog up more than it was before. It is best to speak in a calm and controlled voice. You can be stern, but you should also be non-threatening.

Put something between you and the dog

Finally, if it seems like you can’t escape quickly enough to avoid a bite, try to put something between the two of you. This could mean backing away until you’re on the other side of a car parked on the street, for example, or “feeding” the dog an item like a coat or a purse.

Taking these steps can help you avoid a dog bite, but there is no guarantee that you’ll escape harm if an aggressive dog is in your sights. If you have been injured by someone else’s dog, you may be able to seek financial compensation, so seeking legal guidance is a good idea.

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You probably heard the news recently: another vehicle recall. This time, millions of cars and SUVs manufactured by Hyundai were recalled.

Why? The vehicles can spontaneously catch fire, which affects various Hyundai car and SUV models from 2010 to 2017. If you have one, park them well away from your home and other structures until your vehicle has been fixed.

What is the defect?

The defective vehicles have an anti-lock brake system module that could develop a leak, which causes the system to short circuit. This short circuit can cause the ABS module to overheat and cause the engine to catch fire.

Have there been injuries or deaths?

Hyundai claims there have been none. However, there have been fires, with customers who experienced damages, even if it is just the loss of their vehicles and the contents in them.

Which vehicles are recalled?

The affected Hyundai vehicles include the Accent (manufactured between 2012-2015), Azera (manufactured between 2012-2015), Elantra (manufactured between 2011-2015) and the Elantra Coupe (manufactured between 2013-2015). In addition, the recall includes the Equus (manufactured between 2014-2015), Genesis Coupe (manufactured between 2011-2015), Santa Fe (manufactured between 2013-2015), Santa Fe Sport (manufactured in 2013) and the Sonata HEV (manufactured between 2011-2015).

Finally, the recall also includes the Tucson (manufactured between 2010-2013), Tucson Fuel Cell (manufactured between 2015), Veloster (manufactured between 2012-2015) and the Veracruz (manufactured between 2010-2012). Though, this could be expanded. Check your VIN number on the NHTSA’s website to be sure.

If my car is included, what should I do?

You should receive notification by mail directly from Hyundai, if your vehicle is recalled. You take your car to the nearest Hyundai dealership, and they will replace the defective products for free. You can call Hyundai directly too at 1-800-633-5151. Though, in the interim, check your car for visible smoke, warning lights and any signs of heat or fire. And, make sure you do not park your vehicle in your garage or near anything else that your vehicle could catch fire, should it spontaneously combust.

However, if your vehicle has already combusted, you likely have a product liability claim. Though, you will need to file your lawsuit before the statute of limitations expires.

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Dehumidifiers are essential appliances in any home or space with high humidity. They extract water from the air, helping reduce humidity and making rooms feel much more comfortable.

But like any electric appliance, dehumidifiers can also have issues that can make them dangerous. Such was the case with a recent recall for over 1.5 million dehumidifiers sold in the U.S. because of their potential fire risk.

Chinese manufacturer Gree Electric Appliance is recalling 42 dehumidifier models. The company sold the devices under five brands – Kenmore, GE, Norpole, Seabreeze and SoleusAir. These devices were made available through major retailers like Home Depot and Walmart from January 2011 to February 2014.

Gree issued the recall after it had received reports that its dehumidifiers caused at least 23 fires and $168,000 in property damage. The U.S. Consumer Product Safety Commission said that Gree had advised consumers to unplug and immediately stop using the devices and to contact the company for a free refund.

Product liability for dangerous devices

What can you do if you’re injured in a fire caused by a defective dehumidifier?

Per California law, you may be able to file a product liability lawsuit against the manufacturer to seek compensation for your injuries and any property damage caused by the fire.

However, if you file a product liability lawsuit, you must remember that California uses a pure comparative fault system, which could limit the damages you can seek.

Pure comparative fault

Under the state’s law on pure comparative fault, you’re only eligible for compensation based on the level of your fault compared to the manufacturer. For instance, if you suffered burn injuries that cost $780,000 but were determined to be 40% at fault for the fire, you can only recover the remaining 60% ($468,000) through the lawsuit.

Manufacturers facing a product liability lawsuit could use the pure comparative fault system to limit the damages they’re liable for. For instance, the manufacturer could claim in court that you used the dehumidifier for long periods without breaks. It could additionally claim that this goes against its warnings that prolonged use could lead to dangerous overheating. In a roundabout way, you could be more liable for the burn injuries you’ve suffered from a defective product.

Product liability lawsuits can be challenging, especially if the manufacturer you’re suing will try its hardest to reduce its liability. Consider having a legal professional on your side to understand your case better.

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Desert residents know just how hot it can get. However, even if they have learned to acclimate to the highs and lows of the desert temperature, extreme heat can still be deadly for any human being. While it is advisable to hydrate regularly and stay indoors to avoid direct sun exposure, buildings in the desert might be the exception, especially when those buildings do not have operable cooling systems and adequate ventilation.

Concrete, asphalt and other materials used in building construction can absorb and release heat and can exacerbate desert living conditions. Californians are dying in their homes because of heat waves, and it is time to do something about it. Desert residents should understand premises liability and how to hold their landlords accountable.

Landlords must provide a safe living environment

Landlords are legally responsible for keeping the units they lease to tenants habitable. They are liable for what happens in the premises they own and lease. According to California law, landlords should maintain the premises they own and make repairs when necessary. Therefore, if a tenant requests the landlord to fix or replace an air conditioner provided in the unit, the landlord should do it. When a landlord fails to maintain utilities, and it causes heat-related injury or wrongful death, a tenant can file a lawsuit against them.

Desert residents have a right to a safe living environment

California habitability laws do not require a landlord to provide an air conditioning unit in their rental units, but they should maintain existing utilities and at least have proper ventilation. The landlord should ensure that the building they own and the units they put in the rental market are reasonably fit for human habitation and occupancy.

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A desert’s striking landscape captivates any adventurer. From a plethora of flora and fauna to vast expanses of sand and rock formations, even drivers prefer a scenic road trip every chance possible.

But driving through the desert at night presents particular dangers, which may lead victims to tragic injuries and, in the worst cases, death.

Desert dangers at night

Per California’s Office of Traffic Safety, traffic deaths increased by about 7.6% from 2020 to 2021. If you decide to have a nighttime cruise in the desert, the following are hazards that may increase your chances of figuring into a fatal vehicular accident:

• Reduced or lack of visibility: Limited visibility, on top of only a few landmarks, makes it difficult to navigate through a desert. Aside from the darkness of the night, drivers may also encounter dust storms consisting of high winds that can lead to zero visibility.
• Extreme temperatures: From scorching heights to dramatic drops at night, these drastic changes can affect a driver’s physical and mental wellness necessary to focus on the road.
• Deadly wildlife: Some species are more active at night. With predatory instincts and unpredictable behavior, they may wander off and cause collisions.

Under the state’s vehicular accident laws, every driver must have insurance coverage amounting to $15,000 for injury or death to another individual and $30,000 for multiple parties, and $5,000 for property damage.

If you sustained injuries, you only have two years to file a claim. But you must know that the state follows a pure comparative negligence model. This system reduces the damages you can receive depending on your percentage of fault. If you are 10% partially responsible, you can only recover 90% of the damages. 

Stay vigilant to stay alive

Driving through terrain with innumerable erratic elements makes you vulnerable to hazards. So, being alert and prepared can be your lifeline to safety. But even with your best efforts, you may still be in a car crash. When this happens, seeking medical attention and reporting it to the authorities must be your immediate action. A legal team can work with you to pursue damages against all responsible parties.

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There are many risks related to driving in the desert. On hot days, vehicles, especially those in poor condition, might overheat. Motorists also need to protect themselves from running out of fuel while they are far from a service station or any other kind of amenities.

Such concerns often take top priority, with people checking their fuel and fluid levels carefully before heading to the desert or leaving a gas station. However, there is another safety risk that looms large out on the desert roads and which could have catastrophic implications for the people in a vehicle. Especially when temperatures rise in the summer, motorists need to understand what might cause a tire blowout.

Speed and low pressure are a dangerous combination

The design of the tires on vehicles helps them to grip the road while maintaining structural integrity even at high speeds. Most vehicle and tire manufacturers provide clear instructions on the pressure level required for proper performance. However, motorists tend to ignore the warning signs of their air pressure dropping in their tires.

Low pressure in tires can be very dangerous, as it may increase the heat generated while driving and therefore put the motorist at elevated risk of a tire blowout. The best-case scenario in a tire blowout is that the driver slows down and replaces their tire shortly afterward. Often, they might have to wait for hours in the scorching heat for someone in a tow truck to provide assistance, especially if they have had their tires replaced or rotated at a facility that uses special tools to tighten the lug nuts on the tires. The worst-case scenario involves somebody losing control of their vehicle because of a blowout at high speeds. They might collide with another vehicle or experience a rollover that leaves them injured and incapable of contacting help.

Safety should be the top priority in a dangerous environment

Motorists don’t necessarily have control over where they need to travel, but they can at least be proactive about making their safe arrival a top priority. Those who understand what causes blowouts will be in a better position to ensure that their tires are safe to drive on during the hottest months in the desert.

Identifying and addressing known risk factors can help someone avoid a collision – or at least avoid a designation of personal fault for a crash – because of preventable issues, like a tire blowout.

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Nothing beats a bowl of popcorn as a snack, whether you’re watching a blockbuster movie or want something light to nibble. Popcorn also is quite versatile because you can combine it with various ingredients to produce different flavors.

Yet when you think of popcorn flavors, you don’t think of stuff like perfluoroalkyl and polyfluoroalkyl. The two “forever chemicals” – because they don’t degrade naturally – are why two Northern California residents have filed a lawsuit against Campbell Soup Company.

According to the complaint, Campbell’s Pop Secret popcorn product had dangerously high levels of PFAS, which studies have linked to health problems such as liver and immune system damage and cancer. The two claimants also said the chemicals were present in 10 of Pop Secret’s flavored popcorn products.

In their lawsuit, the claimants cited consumer report test results which found that Pop Secret had 3,641 parts-per-million of total fluorine content, proving that the products had PFAS. They also maintained that the fluorine came from the microwavable bags used for the products.

The lawsuit was filed earlier this week in the Northern District of California.

Food product liability lawsuits

You can sue for a defective food product like you can file a lawsuit for a defective car. Unlike regular personal injury cases, the consumer doesn’t have to prove the manufacturer’s negligence in these lawsuits. Instead, you must demonstrate the following:

• The food product had a clear defect.
• You consumed the food product as intended.
• The defect harmed you in some way.
• The manufacturer can pay compensation for the harm you suffered.

Using the toxic popcorn case as an example, you could sue the product manufacturer if it’s proven that you suffered damage to your immune system or liver from overeating the popcorn. The damages from the lawsuit can help pay for your medical expenses.

If you plan to file a lawsuit for a food defect that caused you harm, you must remember that you’ll be up against a large business with many resources at its disposal. Expect your lawsuit to be an uphill battle, especially if the food manufacturer employs its legal team to attempt to dismiss the case. You might want to consult an attorney who can help build your case and defend your rights in court.

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SUVs are the success story of the last decade for car manufacturers. Somehow, they have managed to take a vehicle designed for those driving around ranches or through the mountains and persuade scores of city dwellers that they too need one.

One of the ways they did this was to talk about how the higher driving position gives you a better view of the road. 

The manufacturers are not telling you the whole truth

Yes, you can see more when you are sitting higher off the ground. Yes, that sturdy build may protect you and your passengers more than a smaller car if you roll your vehicle. However, you need to offset that with the fact that your chances of crashing are increased by the thicker pillars needed to make the roof so sturdy. 

SUVs were designed for off-road use, where the chance of a rollover was high. People driving around cities don’t roll their cars that often as they are driving on flat tarmac, not off-camber gravel. So they have less need for a bombproof roof. While added safety is always nice, the thicker pillars make seeing out of the windows much more difficult because they increase the blind spots. That can be bad news for anyone inside the vehicle and for others around them.

If an SUV hits you, its weight and size mean you will likely need significant compensation for your injuries. Finding out more about your legal options can help you get it.

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