Legal Nurse Consulting News: Strict Liability For Toxic Hawaiian Jewelry
Thursday, February 12, 2009
Visiting Hawaii brings to mind swaying palm trees, azure seas, and amazing cultural experiences. The only thing that you should be concerned with is becoming so relaxed while on vacation that you forget to catch your flight home. However, a small company based in Honolulu has recently issued a voluntary recall for inexpensive jewelry they sold earlier this year because of high levels of toxic lead. On December 18, 2008 the Consumer Product Safety Commission reported an important voluntary recall for various types of Hawaiian jewelry sold by Aloha 808 Trading of Honolulu, Hawaii. This jewelry contains high levels of lead, and should not be worn. Lead can be toxic if ingested by children or pets, and can result in other negative health effects.Jewelry recalled includes necklaces, earrings and miniature sandal charms in various colors. The jewelry was sold in small stores and kiosks in Honolulu between the dates April 2008- November 2008.Even something as innocuous as a $2 sandal charm can have devastating and far reaching effects. This is a prime example of a product defect. Courts would most likely hold Aloha 808 under a strict liability standard. When the product is shown to be defective, usually the manufacturer is automatically liable. However, as simple as this sounds, there is still extensive work to be done on a strict liability case.In the United States, the Uniform Commercial Code governs the transactions and regulations around products and product defects. It is important to understand these types of cases from a legal standpoint if a Legal Nurse is interested in working on mass torts or class action lawsuits. These cases occur when there has been a product that has affected many hundreds or thousands of people. A Product Safety Specialist must handle these medical files that are related to these cases in a completely different way than a regular case. However, they can be quite rewarding and interesting when analyzing them from a legal point of view. Nurses who are interested in product safety should attend the Certified Product Safety Specialist course offered in February, July and October. The only course of its kind, the CPSS certification is an important educational opportunity that will give you confidence when bidding for mass tort cases with product defect attorneys.