"defective product"

Published on: April 20, 2023

Leesfield & Partners seeing an increase in drop-fire cases due to defective pistols

Leesfield & Partners has represented many clients injured in drop-fire cases against gun manufacturers. One of the many allegations included that the subject pistols had a design defect which caused them to fire without the trigger being pulled. The flawed designs were responsible for the accidental discharges, which caused death or catastrophic injuries to our clients.

One of the common design defects pertains to a crucial component that ignites the gunpowder in the cartridge, which in turn propels the bullet out of the barrel. That component is the firing pin. The firing pin is a small metal rod that is spring-loaded and sits inside the slide of the pistol. When the trigger is pulled, it releases the hammer, which then strikes the firing pin, causing it to impact the primer on the cartridge. The primer contains a small amount of explosive that ignites the gunpowder and propels the bullet out of the barrel.

In past cases, Attorney Thomas Scolaro was able to prove that the design defect was related to the firing pin releasing without the trigger being pulled -that it could happen whether the safety was engaged or disengaged, which is a separate design defect- causing the firing pin to impact the primer and discharge the firearm unintentionally.

Published on: April 8, 2019

CPSC Warning Issued for Fisher-Price Rock ’n Play sleeper after tenth infant death is not enough

By Leesfield & Partners

On April 5th, the Consumer Product Safety Commission (CPSC) issued a warning to consumers about the Fisher-Price Rock ‘n Play after another infant death, the tenth tragedy in less than 4 years.

The statement warns that infants aged 3 months or older, who are able to roll over while seated unrestrained in the Fisher-Price sleep, will be able to turn to their stomach or on their side and suffocate. CPSC recommends consumers to stop using the product when the infant is three months of age, or as soon as an infant exhibits rollover capabilities.

Needless to say, additional steps must be taken to reach as many consumers as possible. Many parents will continue to use the product unless Fisher-Price reaches out to or attempts to reach out to all of them.

Published on: April 1, 2016

Don’t Forget to Read the Owner’s Manual, Trial Lawyers!

By Leesfield & Partners

We all know that consumer products can be dangerous if used improperly. Everything from vacuum cleaners to jet skis have large, orange warning decals posted on them instructing users, “READ THE OWNER’S MANUAL PRIOR TO USE.” In the owner’s manual, users will find an extensive composition of warnings, diagrams, and instructions for the safe use of the product.

Owner’s manuals are often the focal point in product liability cases where it is alleged that a product is dangerous or the manufacturer failed to provide adequate warnings. In such cases, trial lawyers will introduce owner’s manuals to point out the adequacy or inadequacy of warnings and instructions.

Surprisingly, owner’s manuals are largely ignored by trial lawyers in personal injury cases involving presumptively safe consumer products. Our firm has handled many cases in which hotels, attractions, and tour operators have severely injured our clients by misusing consumer products. Parasailing ropes break, picture frame supports fail, beach umbrellas fly into guests, bungee cords snap, and the list goes on.

Published on: November 15, 2013

Ventilator-dependent twin brothers die during power outage

By Leesfield & Partners

In Northern California’s Calaveras County last night, twin brothers Ryan Hall and Joshua Hall died during a local power outage. The two 22-year-old brothers were ventilator dependents and the early investigation revealed that their respective ventilators’ back-up system systems failed when the house lost power.

Ryan and Joshua Hall suffered from muscular dystrophy and relied on their ventilator to breathe for them. Sheriff Gary Kuntz told reporters that the investigation is focused on the reasons why the backup systems failed.

This tragic incident is eerily similar to a case Leesfield & Partners recently handled and successfully resolved after almost three years of litigation, and a $2.5 million wrongful death settlement was reached for the parents and sole caretakers of the 31 year-old man who died.