Recently, Johnson & Johnson and Costco reached an agreement to settle several class-action lawsuits claiming the presence of a cancer-inducing agent (benzene) in multiple J&J sunscreen products. Unfortunately, this is not the first time a multinational corporation has sold faulty and dangerous products to consumers, and it is likely not the last.
With that in mind, if you’ve suffered injuries due to product defects, dangerous ingredients, or similar, you may have a solid products liability case against one or more parties. Working with a proven product liability lawyer can help you get the maximum compensation you deserve.
Contact Schrier Law Group today at 1-800-700-7285 to speak with an experienced product liability lawyer. Contact reading to learn more about product liability and the recent J&J and Costco settlement.
What is Product Liability?
According to Florida law, a product liability action is based on the theory of strict liability, negligent actions, warranty breach, nuisance, or similar theories for damages caused by one or more of the following:
A product liability action could include injuries caused by a product to a claimant that would have been less severe if not for the defective product. Essentially, the substance of the product liability action is more important than the outcome of the accident.
Continue reading to learn how a Florida product liability lawyer helped secure a class-action settlement with J&J and Costco.
Case Study: Johnson & Johnson Costco Sunscreen Class Action Lawsuits
Why did consumers file a class action lawsuit against J&J and Costco?
Consumers across multiple states (California, New York, & New Jersey) filed class-action lawsuits against J&J and Costco, claiming that some of their sunscreen products contained a toxic, cancer-causing substance, benzene. Eventually, the courts consolidated the lawsuits into one, and it was litigated in a Florida federal court.
The class-action suit alleged that Johnson & Johnson (manufacturer) and Costco (retailer) neglected to inform consumers that certain sunscreen products contained benzene.
Although J&J recalled the five sunscreens that contained benzene and promised to issue refunds, the class-action claimants and their product liability lawyers felt strongly about continuing to pursue a lawsuit.
What was the outcome of the class action lawsuit?
In November of 2021, J&J and Costco announced that they had reached a settlement agreement with the claimants and their product liability attorneys. Although, Johnson & Johnson still debate the product liability claims and refuses to admit fault.
The amount of the settlement agreement is undisclosed. However, it was likely a substantial offer. Otherwise, it’s not likely that the claimants and their attorneys would have accepted the offer.
What Do To If You’re Injured Due to a Faulty Product
If you’ve been injured due to a faulty product, it’s essential to understand the four essential elements of a product liability negligence claim before filing a lawsuit. To win a product liability case, you must prove the following factors:
- You suffered a loss (monetary or injury) due to using the product in question.
- You must prove that the product’s design was defective, defectively manufactured, OR the company that manufactured the product knew or should have known about the risks of the product but neglected to warn consumers.
- The defective product proximately caused or worsened your injuries.
- You used the product as intended or in an otherwise reasonable manner.
In many cases, product manufacturers fail to test products thoroughly or skip important steps to save on costs.
However, if they produce and sell a defective product to consumers, they can be held responsible for any injuries or losses caused as a result. That includes the cost of medical care, decreased or lost income, pain and suffering, and much more.
You can be certain that large corporations like J&J and Costco are willing to spend millions on their defense efforts. For that reason, it’s recommended that you hire the best product liability lawyer in Florida for your circumstances to represent you.
Contact A Product Liability Lawyer in Florida Today
If you plan on taking a company to court for product liability, you should expect a long, drawn-out, and expensive legal battle. Our product liability attorneys at Schrier Law Group have helped to collect more than $500 million for our clients.
We’re confident that we can help you obtain the best possible outcome in your product liability case as well. Contact us today to discuss the details of your case with a skilled product liability lawyer at Schrier Law Group.
Lawsuit States Operators & Manufacturer Knew Ejection Risk After 10-year-old Killed on Carnival Ride
The parents of 10-year-old Hailey Lynn McMullen, who was killed after she was thrown from an amusement ride in Cumberland County, New Jersey, have sued the manufacturers and operators of the ride alleging they knew for many years that the ride could be deadly.
McMullen died October 12th, 2019, just an hour after she was thrown from the “Xtreme Super Sizzler” at the Harvest Festival in Deerfield Township in Cumberland County, authorities said.
Christopher and Amanda McMullen (Hailey’s parents) say in the lawsuit that the ride’s original product literature stated the ride was not recommended for small children, according to the suit filed in Superior Court of Middlesex County. The suit names Colorado-based manufacturer Wisdom Rides of America and Skelly’s Amusements of Gloucester County, which has operated the same ride at the Middlesex County Fair since 1998, as well as business associates of both companies.
In 2006, after a series of ejections on the “Xtreme Super Sizzler,” California officials issued a seatbelt mandate for all Sizzler rides, according to the suit.
Dennis Marconi of Trenton, an attorney for Skelly’s, said Wednesday that seatbelts are not required on the ride in question and added that the ride had passed state inspections. Marconi said there are different types of “Sizzler” rides and that litigation will show California mandated seatbelts on a different type of ride.
Wisdom Rides did not immediately return calls on Wednesday seeking comment.
The McMullens are asking the New Jersey State Police and the state’s Department of Community Affairs to release “voluminous documents” of their investigations into the tragedy.
The lawsuit was preceded by a product liability lawsuit filed in January by the mother, Amanda, and Carol McMullen, who is Hailey Lynn McMullen’s grandmother. Amanda McMullen states in the earlier lawsuit that her children and their grandmother witnessed the tragedy and have suffered extreme emotional distress as a result.
The product liability lawsuit alleges negligence and liability on the part of the manufacturer and operator and seeks compensatory and punitive monetary damages.
Product Liability cases can be tricky. Most often in these cases, one gets injured. Typically it is not tied into wrongful death as well. When emotions run high, it can be difficult to make a strategic decision when choosing the perfect personal injury lawyer. In order to be prepared, develop a list of trustworthy attorneys that you can call when an emergency occurs.
The Schrier Law Group handles many product liability / wrongful death cases, and Schrier Law has the resources necessary to help you and your family score a successful outcome in any wrongful death case. It is important that you have your rights defended by someone who knows the law. Contact the Schrier Law Group for a personal injury attorney in Florida today!
Tampa Bay Bucs Star Rob Gronkowski Sued Over Teeth-Whitening Product
Tampa Bay Buccaneers tight end Rob Gronkowski, who has certainly had his share of endorsements over the years, has gotten involved with a company that has gotten him sued.
As per The New York Post, a $5 million class action has been filed against Snow Teeth Whitening and a pair of celebrity endorsers: Gronkowski and Floyd Mayweather.
The suit claims that the company unjustifiably charged / charges over a hundred dollars more than arguably comparable products and that the company makes false claims that the lights they sell to consumers will dramatically improve the whitening power and antiviral or antiseptic qualities.
The civil complaint also reportedly contends that the company has suggested in advertising that a “red-light option kills viruses and bacteria in the mouth,” with reference made to the ongoing pandemic in a way that allegedly suggests the device protects against COVID-19.
The Interesting Part…
The basis for Gronk’s specific responsibility isn’t clear, since he simply endorses the product. But, the lawsuit claims that he was ‘compensated for repeatedly promoted [sic] defendants’ products on his individual social media accounts and his ˜Gronknation” social media accounts. Even if Gronk was passing along allegedly fraudulent claims, the fraud ultimately comes from the company. Absent proof that Gronk actually knew the claims were false, it’s hard to imagine that he’d be individually responsible for the lies that were told. It really does seem like a stretch to go after the celebrity endorser instead of the actual company committing the problem.
If the company doesn’t agree to fully and completely indemnify Gronk for all potential liability, he should immediately file what the legal process calls a “cross-claim” against Snow Teeth Whitening forcing the company to pick up the full tab.
We will be following this one closely, here at Schrier Law Group.
The Schrier Law Group handles many product liability cases just like this one. Schrier Law has the resources necessary to help you and your family score a successful outcome in your product liability case. It is important that you have your rights defended by someone who knows the law. Contact the Schrier Law Group for a personal injury attorney in Florida today!
Product Liability for Florida Injury Victims
Florida injury victims are the reason that the Schrier Law Group began. With over 65 years of personal injury experience, the law firm has everything you need to have successful cases! Product liability cases are both unique and complicated. They have a number of different outlets when it comes to determining liability of the incident. Product Liability Attorneys are the ones you call when you’re entering into a product liability personal injury claim. Your lawyer will be well versed in order to assess the necessary facts, craft a strategic defense, and fight for your rights. If you or a loved one have been hurt in a product liability accident, then call the Schrier Law Group today!
When Can One Make a Product Liability Case?
A product liability case is only able to come to fruition if a product fails to meet safety requirements. In this case, the manufacturer of said product would have been negligent and liable for injuries or accidents caused by the faulty product. This negligence is enough for a claim to be made for a product liability case. It is difficult to prove a manufacturer was negligent in the representation or presentation of the product. However, it may be done by an attorney willing to formulate strategies based on prior experience.
Where to Look for Manufacturer Negligence?
There are a few key things you’ll be looking for when trying to prove negligence over a product. Misrepresentation is a big factor in this search. You’re looking for easily mistaken things that are quick for the eye to catch. Another way for negligence is being able to prove that a product is either faulty or dangerous. In some cases, video evidence or a visual example will need to take place for a product to be proven faulty. Finally, improper labels are a huge giveaway. If an incident occurs while following the directions, or something was mislabeled on the product and injury was caused due to it, then negligence may be proven. If you or a loved one have been injured due to a product that was improperly represented or labeled, then contact the Schrier Law Group for a free consultation today!