Shuttlesworth Law Firm, LLC - August 2019

TICK, TICK, BOOM!

THE ART OF STARGAZING HELPING HUMANS SLOW DOWN AND LOOK UP

5 EXPLOSIVE PRODUCT LIABILITY CASES

Product liability cases, which hold companies accountable for serious injuries caused by their products, are often emotionally explosive on the part of the plaintiff and the defendant — usually, one of them is in pain, and the other faces a major dent to their reputation. But such cases can also be literally explosive when a product’s performance goes wildly wrong. Don’t believe us? Here are five examples of liability cases brought on by detonating products. THE BALANCING BALL In 2009, basketball player Francisco Garcia filed a claim against the workout equipment manufacturer Ledraplastic after a balancing ball he was using in the gym exploded beneath him. The explosion left Garcia with a fractured forearm that kept him from playing basketball for four months. He and the Kings filed a product liability claim for $4 million in lost salary and $29.6 million in damages, which was eventually settled.

Modern humans are stuck in a routine of expected and constant industriousness. But with all this rushing, people often drag themselves home at night with no energy left to enjoy the most splendid show nature has to offer: the wondrous night sky. Most people go through life looking straight ahead, but if they would stop and peer skyward, they’d bear witness to a massive, unexplored frontier made up of the moon in all its phases, burning stars sailing through the sky, constellations with epic origin stories, and meteor showers bright enough to warrant sunglasses. If you’re looking for a hobby to help you slow down and appreciate the world around you, stargazing is a great option. Here are some tips to get you started. 1. THE HIGHER, THE BETTER If you’re a city dweller, meander a little way out of town or try to find a tall building to keep the light pollution to a minimum. 2. EXTRA SET OF EYES WHILE novice stargazers often want to immediately throw their money at a new telescope, astronomy experts recommend starting with binoculars instead. You’ll need to identify several anchor planets or constellations to help you navigate the sky before using a telescope. 3. UTILIZE ASSETS Put your phone to good use by downloading apps like Stellarium, Starwalk, and Google Sky Map. Each of these apps offers a unique benefit for aspiring stargazers. For example, Starwalk lets you point your phone at the sky to see stars, constellations, and planets in real time based on your location. 4. MARK YOUR CALENDAR In 1972, beloved singer-songwriter John Denver wrote about a meteor shower he witnessed during a camping trip in Colorado. He describes the scene by singing, “I’ve seen it raining fire in the sky.” The “fire” he recounted was actually the Perseids meteor shower, the most recognized shower on Earth. This astrological wonder takes place every year from July 17 to Aug. 24. During this time, viewers should be able to see shooting stars associated with the Perseids, but the shower reaches its maximum rate of activity on Aug. 12–13 this year. Grab some friends and family, and head outdoors to put your newfound stargazing knowledge to work.

THE GAS CAN In 2012, more than 30 cases were filed

against the portable gas can maker Blitz because its cans were exploding when people used them to pour gas. Each claim cost Blitz roughly $4 million and eventually forced the company to declare bankruptcy.

THE E-CIGARETTE E-cigarettes or, more specifically, the batteries that keep them going, have been exploding in the faces of smokers across America, resulting in more than 100 product liability lawsuits and at least one wrongful death lawsuit. In fact, these detonations have become so frequent that some lawyers have made e-cigarette suits a key part of their practices. THE COKE BOTTLE In a landmark 1944 case, California waitress Gladys Escola successfully won damages from Coca-Cola after one of its glass bottles exploded during restocking, severely injuring her hand. This case was the first to suggest that manufacturers, not negligent consumers, should be held responsible for injuries caused by defective products. THE TESLA In 2014, a Tesla being driven in Pittsburg, Pennsylvania, allegedly went up in flames on the way home from the dealership. The explosion of the car’s lithium-ion battery was blamed in the product liability case that followed, which Tesla settled for an undisclosed amount.

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