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Product Liability Experts

Strict Liability ♦ Breach of Warranty ♦ Consumer Protection

Defective Products can cause great injury and range from cars and trucks to children’s toys. If you or your loved one is seriously injured by a defective or dangerous product, please contact one of our products liability attorneys for a free consultation to discuss your rights and potential claim. Our attorneys will aggressively fight to get you the money damages you and your family are entitled to. We are the LAWYERS ON YOUR SIDE™.

M&A Fort Worth Texas Product Liability Experts

Toyota Dealerships to take Extraordinary Measures On Recall

On Monday, Toyota apologized to their U.S. customers over a massive recall of its vehicles and publicly promised that Toyota dealerships will undergo "extraordinary measures" to fix accelerator pedals involved in the recall. The pedal issue first surfaced in October, after 19 lives had already been taking by the faulty pedal.

"First, I want to sincerely apologize to Toyota owners," Jim Lentz, president and chief operating officer, said in a video posted on the company's Web site. "I know that our recalls have caused many of you concern and for that I am truly sorry." He also mentioned, "I drive Toyotas. My family members drive Toyotas," he said. "I would not have them in products that I knew were not safe."

Dealers should receive the new parts not later than February 8th, Toyota said. Some dealers will stay open 24 hours in order to make the repairs. The pedal issue stems from a friction device that provides the proper touch and response in the pedal by adding resistance and making the pedal steady and stable, however, parts of the friction device can begin to stick instead of operating smoothly. Toyotas’ solution is a steel reinforcement bar that will be installed into the assembly eliminating the pedals excess friction. Toyota has confirmed the effectiveness of the newly reinforced pedals through rigorous testing on pedal assemblies that had previously shown a tendency to stick.

With the new solution to their recall, Toyota still faces negative impacts on their production, sales and their brand value.

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Toyota's Idled Plants to Restart FEB. 8 - Jim Lentz

Feb. 1 (Bloomberg) -- Jim Lentz, head of U.S. sales at Toyota Motor Corp., talks with Bloomberg's Jon Erlichman about the company's plan to send "field remedy" kits to fix flawed accelerator pedals that caused a recall of 2.3 million U.S. vehicles. Lentz also discusses the outlook for restarting North American plants that were idled during the recall, the automaker's credibility and vehicle safety. (Source: Bloomberg)

Toyota Announces Fix for Sticky Pedals

Toyota Motor Corp. said Monday its dealers should get parts to fix a sticky gas pedal problem this week as the automaker tries to bring an end to a recall that has affected 4.2 million vehicles worldwide. (Source: Associated Press)

Toyota Launches Safety Campaign

After Toyota announced details on how it plans to fix it's huge recall problem, Jeff Glor reports on the aggressive campaign to convince drivers that their vehicles are safe.   (Source: CBS)

Toyota Motor Corporation's Vehicle Recall

Most Americans are aware of Toyota Motor Corp., recalling 4 million vehicles with unresponsive and, in some cases, stuck gas pedals. Toyota is estimating a loss $2.7 billion in 2010. U.S. dealers say they spend more time answering calls from existing Toyota customers than enticing new customers to buy vehicles not equipped with the faulty part and that is impacting new sales.

Toyota states on their website, “Toyota has taken the unprecedented step of stopping production to help serve our customers quickly and ensure that all new Toyota vehicles going forward do not experience this problem.” Brian Johnson, an automotive analyst at Barclays Capital, expects Toyota to see its market share decline each week the shut-down is in effect.

vehicles recalled by toyota

M&A Law Firm, suggest taking safety precautions if you, are anyone you know drives any of the following specific model names and years associated with the newly-expanded vehicles for the pedal entrapment recall include:
  • 2009-2010 RAV4
  • 2009-2010 Corolla & Matrix
  • 2005-2010 Avalon
  • 2010 Highlander
  • 2007-2010 Tundra
  • 2008-2010 Sequoia
  • 2009-2010 Venza
  • 2009-2010 Pontiac Vibe
  • 2007-2010 Camry
with gas pedal assemblies made by a specific Toyota supplier; your dealer will be able to check.

Toyota-Car-Recall

deaths & accidents in toyota vehicles

While the company is focusing all of their energy and resources on remedies to fix the issue, they also face a pending class-action lawsuit, after 19 deaths have been related to the faulty accelerator pedal. The most recent accident in Southlake, Texas - killed four Jehovah Witness’ riding together to promote their faith. Southlake, investigators say, the vehicle crashed through a fence and hit a tree before landing upside down in a pond.

On February 4, 2010, The U.S. House Oversight and Government Reform Committee will investigate the recalls and suspensions, in a hearing called "Toyota Gas Pedals: Is the Public at Risk?" Another House investigative panel has scheduled a hearing of its own for Feb. 25.

If you or anyone you know has a Toyota Vehicle that has a faulty Toyota Vehicle, and involved in an accident, let our team of attorneys help you!

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Product Liability

Product liability is the area of law in which manufacturers, distributors, suppliers, retailers, and others who make products available to the public are held responsible for the injuries the defective product causes. Product liability frequently involves retail items, but can extend to pretty much anything that can be sold and even to intangibles such as gas, naturals (pets), and real estate (houses).

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M&A Product Liability Lawyers

Product Liability Law

Products liability law is a tort action that falls under negligence (unintentional tort action) umbrella. Simply, products liability laws holds all parties involved in the chain of manufacturing and distribution of any defective product are responsible for causing injuries. Aside from the actual manufacturer, other responsible parties may include distributors, retailers, repairers, assemblers, component suppliers and testing laboratories. Although products liability claims started under negligence theory, today in addition to negligence action, it can be based on strict liability, breach of warranty, and various consumer protection claims.

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M&A Law Form - Negligence
M&A Law Form - Strict Liability
M&A Law Form - UCC Warranty

Negligence

To prove negligence, the plaintiff must demonstrate that the parties responsible for placing the product into the stream of commerce had a duty to provide goods fit for their foreseeable uses; that they would have detected the defect by the use of reasonable care in the design, manufacture or inspection process, but failed to do so; and that the plaintiff was injured by the product as a result of the defect while engaged in a foreseeable use.

Strict Liability

Under a strict liability standard, once the plaintiff establishes that a product is defective, liability immediately attaches from that fact alone no matter how much care was taken during the design, manufacture, marketing, distribution and sale.

UCC Warranty

Under a breach of express warranty theory, the plaintiff claims a violation of the actual written warranty associated with a product. Under a breach of implied warranty theory, the plaintiff alleges that although there is no express warranty or the defect alleged is not covered by the express warranty, a defect in the product makes it unfit for its intended purpose.

M&A Fort Worth Texas Personal Injury Lawyers

product liability cases

  • Motor Vehicle Defects including defective Seat Belts, Tire Defects such as a Tire Blowout, and Unsafe SUVs resulting in SUV Rollover Injuries or Death
  • Defective Workplace Machinery such as Nail Guns, Punch Presses, and other Construction or Manufacturing Equipment
  • Medical Devices such as Heart Monitors, Heart Valves, and Prosthetics
  • Cosmetic implant surgeries including Breast, Penile, and other Cosmetic Surgeries
  • Lasik Eye Surgery
  • Defective Boats, Airplanes, and Motorcycles

TYPES OF PRODUCT LIABILITY

  • Design Defect
  • Manufacturing Defect
  • Marketing Defect (a failure to warn)

injured due to defective product?

If you or one of your loved one has been seriously injured due to a defective product, you should follow these steps and then call our office:
  • Keep the product and any Documents and Packaging that was included
  • Identify as much information about the product as possible including the Name of the Manufacturer, Model Name and Number, Place and Date of Purchase and Serial Number
  • Keep the product in a safe place where it won’t be touched
  • If the product is an automobile, make sure that you keep it
  • Make sure to Inform your Insurance Company that you need to keep your car
  • Obtain information from any Witnesses that may have been present (such as name, address and telephone number)
  • Find your Receipt
  • Obtain Medical Help immediately
  • Do not discuss the case with anyone other than an Attorney

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HOW CAN A PRODUCT BECOME DEFECTIVE?

A product is considered defective if it does not provide the level of safety which the community generally is entitled to expect. The following are the number of factors for a court to determine whether a product is defective or not:

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