Articles Posted in Products Liability

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Even with the latest technology, autopilot features on electric cars can fail or not work properly. If you’ve been injured due to a faulty Tesla Autopilot feature, you need to retain an experienced Miami injury attorney who can fight for your rights. Our firm has the time and resources to build the strongest possible case on your behalf so you can recover the compensation you need to move on with your life.

According to a recent study by Consumer Reports, the Tesla Autopilot feature that was updated recently can do automatic lane changes without human assistance. However, when the feature was tested, the results were not entirely safe. Testing the Tesla Model 3, Consumer Reports found that the automatic lane change was often done in a dangerous manner such as cutting off cars in the other lanes. In some cases, the individuals performing the tests had to take control of the vehicle due to fears of getting into an accident. The rearward facing cameras apparently could not detect fast approaching vehicles in the other lanes. As such, the autopilot would believe that a lane change was safely possible when, in fact, it was not. It is possible that the camera sees the other vehicles but it is not processing them correctly. Or, the camera may not be able to ascertain the speed of the cars moving in the other lanes; thus, miscalculating the viability of a safe lane change.

When a dangerous or defective product injures an unwary consumer, one or more of the manufacturers, designers, wholesalers, retailers or even maintenance companies may be considered legally liable. For instance, if you have been injured due to a defective Tesla autopilot feature, you may be able to hold the manufacturer responsible. Manufacturers have a duty and legal obligation to put products in the market that are safe for consumers. Failure to do this could lead to manufacturers being held accountable through a products liability lawsuit. This type of claim is designed to hold manufacturers accountable for putting a faulty product into the stream of commerce. In cases involving safety features, we will consult renowned auto safety experts who can speak to exactly what went wrong.
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Being involved in a car accident is difficult enough and it can be even worse knowing the accident was the result of a flaw in the car you thought was safe to drive. If you or a loved one has been in an auto accident that you believe was caused by a defect in the vehicle, you may have grounds to sue the manufacturer. At the Law Offices of Robert Dixon, our highly skilled Miami products liability attorneys are committed to getting our clients the monetary damages they deserve.

A Tesla driver was killed when his vehicle burst into flames in Davie last week. According to police, the Tesla repeatedly caught fire after being brought to the tow yard. For some unknown reasons, the car swerved through three lanes of traffic, struck a median and some trees before catching fire. By the time an officer arrived at the scene, the Tesla Model S was engulfed in flames, burning the driver’s body beyond recognition. The Tesla was traveling at an estimated speed of between 75 mph and 90 mph according to eyewitness reports. The posted speed limit is 50 mph. It is unclear whether the crash was a result of a technical flaw in the car or because the driver experienced a health problem right before losing control of the car.

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When you open a bottle of wine or any other beverage, the last thing you expect to find inside is glass. Unfortunately, pebbles, glass, and other random objects in food and beverage products are more common than you may think. If you or someone close to you was injured by a foreign object in your food, you may be able to recover compensation for your harm. At our Law Offices, our Miami product liability attorneys can examine the facts of your case and help you understand your legal rights and options.

Last month, certain bottles of Florida wine were recalled for containing glass bits.

Seavin, Inc. announced a voluntary partial recall of select 750 milliliter glass bottles of its Lakeridge and San Sebastian wines because small grains or bits of glass were found in the bottles. The recall comes after testing related to the wine company’s production methods. The testing focused on a manufacturing defect affecting glass bottles used by Seavin in certain production runs. It is important to note that the affected bottles come from only one glass packaging manufacturer that supplies Seavin with its wine bottles. It is claimed that the risk to the public is extremely small because the number of bottles potentially containing pieces of glass is numerically insignificant.

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A number of people in Florida and across the country suffer from a serious nicotine addiction, which they satisfy by smoking cigarettes. If you or your loved one has developed an illness due to a nicotine addiction after using cigarettes, you may be able to recover compensation for the injury. Our highly reputable Miami injury lawyers have represented numerous smokers and their families in personal injury cases, and can represent you as well. These cases are extremely tricky so having an experienced attorney advocating for you can be the difference between winning and losing a case.

Products Liability Cases

Consumers expect products to be safe. While it is now commonly understood that smoking is bad for your health, this was not always the case. People were already addicted to cigarettes long before tobacco companies began warning smokers of the risks on the packages. This intentional disregard for public health often makes tobacco companies and cigarette manufacturers susceptible to products liability lawsuits. These lawsuits intend to hold manufacturers accountable for placing hazardous products into the stream of commerce.

Wrongful Death Case Caused by Dangerous Product

Florida’s highest court recently published an opinion rebuffing a lower court’s ruling to enforce a seemingly clear-cut rule pertaining to the extent of compensation a party filing a wrongful death claim in the state is allowed to recover. The Supreme Court determined that the court had made a mistake in failing to defer to the jury decision and the trial court ruling in not allowing the defendant’s request to lessen the total compensation given by the jury to the plaintiff.

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If you or a loved one has been injured in an accident involving a keyless ignition, you need to contact an experienced Miami car accident attorney who can assist you in securing the compensation you need to deal with your injuries. Whether you were injured due to carbon monoxide poisoning or a rollaway accident, we will evaluate the circumstances of your case and help protect your rights every step of the way.

Keyless Ignitions and Potential Problems

Keyless ignition systems in automobiles have been increasing in popularity over the last decade, presumably due to their convenience and ease of use. A keyless ignition allows a car to be started without a physical key being placed in the ignition. Rather, a key fob is a small device with built in authentication protocol that allows whoever possesses it to start the car.

While key fobs are undoubtedly very convenient, they can also pose safety concerns. The two biggest problems reported by drivers with a keyless entry relate to carbon monoxide poisoning and rollaway accidents. If a car is not turned off, it will continue to run even if the key fob is far away from it. This can lead to a deadly build of toxic fumes in an enclosed space, such as a garage, and may ultimately lead to carbon monoxide poisoning. Keyless ignition cars can also cause serious rollaway accidents when they are turned off but not put in park. In other words, if drivers forget to turn off their car and simply exit the vehicle, the car can roll away and cause serious injury and even death to other people.

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We rely on a variety of products, including our vehicles, to get us through the day. When a vehicle is faulty or has a faulty part such as a defectively designed airbag, our safety is immediately at risk. Unfortunately, automakers often put dangerous vehicles into the stream of commerce, which lead to serious, even deadly injuries. If you have been injured in an accident involving a defective airbag, you must consult a reliable Miami injury attorney who understand Florida personal injury law and can vigorously assert your rights.

Liability in Airbag Recall Cases 

Airbag defects can lead to serious injuries such as broken bones, skull fractures, nerve damage, lacerations, cuts, bruises, brain injury, spine injury and even death. If you or someone you love suffered an injury due to a defective airbag, you may be eligible for compensation through a products liability claim. Typically, a product liability claim for any defective item will fall into one of three categories: a manufacturing defect, a design defect and/or a warning defect. Manufacturing defects take place when there is a defect in a product that was not intended. In other words, the product departs from the intended design. A design defect, on the other hand, occurs when the product is created as intended but the design is inherently dangerous. A warning defect occurs when products do not come with warnings to alert users about risks associated with the product’s use. You should be aware that product liability cases are incredibly complex.

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Sadly, thousands of Americans are injured or killed by firearms each year. While a number of these instances are due to poor judgment, some are caused by defective or faulty guns. If you have been injured or your loved one has been killed by a malfunctioning discharged firearm, you need to contact a seasoned Florida defective gun attorney. At our Law Offices, we will meticulously examine the facts of your case and provide you with an honest assessment of your claim.

Earlier this year, a Bloomberg article discussed how defective guns became the only product that cannot be recalled. The gun manufacturer Taurus sold almost a million handguns that could potentially fire without anyone pulling the trigger. When an injured man tried to get to the bottom of why his gun (made by Taurus) had fired for no reason, he saw that Taurus had a “replace or repair” offer on their site, offering to repair certain guns or buy them back from customers. Despite the man being injured due to the faulty gun, Taurus denied any negligence, wrongdoing or defect in its firearms and also denied that its offer to fix its gun was a recall.

Approximately 500 people are killed in the United States every year due to the accidental discharge of firearms and many more suffer severe injuries due to gun mishaps. A number of these causes are the result of a faulty firearm. Some of the most common types of firearms defects include, but are not limited to, the following:

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You may not realize that window blinds cause a number of injuries, and even deaths, in Florida and across the country each year. Children and toddlers are particularly susceptible to such injuries. If you or your child has been injured or killed due to a dangerous window blind cord, you may be entitled to damages for your harm. At our Law Offices, our Miami product liability attorneys are ready to examine the facts of your case and determine the viability of your claim.

According to the United States Consumer Product Safety Commission (CPSC), window blinds and shades that come with cords to open and close window blinds are among the top five hidden dangers to children in the home. In fact, one study found that over 16,000 children in the U.S. were treated in emergency departments for injuries caused by window blinds between 1990 and 2015, an average of almost two children each day. In addition, the report found that one child per month died as a result of window blind strangulation during this time period.

The most common ways children are injured by window shade cords include being tangled in window cords while playing, sleeping, seeking attention, or trying to get out of their crib, and when toddlers attempt to look outside a window and climb onto a piece of furniture placed near the window, after which they lose their balance and fall while getting tangled in the window cord.

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Every day, millions of people drive on Florida roads, and many of them may not even know that their vehicle is part of a huge airbag recall. If you or someone close to you has been injured by a defective airbag, you may be entitled to compensation for your harm. At our Law Offices, our skilled Miami product liability attorneys will hit the ground running to protect your rights. With years of experience, we understand how to navigate these complex legal claims.

Members of the National Highway Traffic Safety Administration (NHTSA) are teaming up with automakers and community members to warn people of the dangers of defective airbags. The recall involves several airbag types, all made by Takata. In fact, the Takata airbag recall is the largest vehicle recall in history. Experts say that heat and humidity make the defect worse, which is why there is an extra push to raise awareness now.

In Florida alone, there are more than 1.4 million cars with defective airbags in need of repair. Accordingly to the NHTSA, approximately 15 people have died from the defect, and more than 200 have been seriously injured. Three people who died are from Florida. Part of the NHTSA’s awareness campaign highlights that the matter is urgent, and repairs should be sought as soon as possible.

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While they are not common, accidents caused by faulty brakes do happen in Florida and across the United States. When these accidents happen, they can lead to devastating accidents, seriously injuring and even killing those involved. Whether an accident occurred because your brakes failed or because the brakes failed on the vehicle that hit you, we can help. At the Law Offices of Robert Dixon, our Miami car accident attorneys can evaluate every available legal option to make sure you are fully compensated for the injuries that you suffered.

Brake failure is difficult to prove. Much of the time, evidence in these cases will be circumstantial, so it is important to document everything after a wreck. One of the most challenging aspects of a brake failure claim is identifying each potentially liable party. In some cases, the owner of the vehicle may be considered negligent if he or she knew a brake replacement was due but failed to get one. Negligence takes place when a person causes an accident and injuries by failing to act how a reasonably prudent person would have acted in the same or similar circumstances. For example, a reasonably prudent person would get the brakes changed if that person had been alerted to the fact that the brakes needed replacement. As a result, someone who causes an accident in this way would likely be responsible for any resulting harm.

In other cases, the auto shop could be liable for the negligent repair of the vehicle. Again, a lawsuit against an auto shop would be based on the theory of negligence. The relevant question would be:  would another auto shop using reasonable care have done the same thing as the defendant auto shop? If the answer is no, the defendant auto shop will likely be liable.

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