Articles Posted in Products Liability

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gun

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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Legal News GavelYou 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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Legal News GavelEvery 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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Legal News GavelWhile 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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Over the years, cars have become more and more sophisticated. Nowadays, drivers can buy vehicles that have self-driving features. In fact, Tesla has a partial self-driving system that individuals can enjoy. While these features can offer great convenience, they can also cause injuries and death if any technical malfunction occurs. If you or someone close to you has been injured due to a car defect, you may be entitled to compensation for your harm. At the Law Offices of Robert Dixon, our Florida auto defect lawyers understand how stressful the aftermath of an accident can be, which is why we are committed to helping our clients navigate the legal process.

Last year, a man was killed in Florida when his partially self-driving Tesla changed lanes without properly detecting the truck next to it. Now, after a yearlong investigation, the National Transportation Safety Board concluded that the Tesla system capable of automatically steering and controlling the car “played a major role” in the fatal accident. The agency noted that the Autopilot functioned as intended but lacked safety mechanisms to prohibit drivers from using it improperly. In other words, the driver over-relied on the vehicle automation feature when he used the automated feature on a road for which it was not designed. As a result, human error coupled with a lack of sufficient system controls caused the deadly crash.

Liability issues in cases involving automated cars can be tricky. One party that could potentially be liable is the manufacturer of the car if the car’s automated features (i.e., the Tesla’s autopilot function) failed to work properly and was a direct cause of the accident. For instance, if the man’s death was caused because the autopilot feature failed to detect a truck in the neighboring lane, and that is exactly the type of activity it was designed to detect on that type of road, a product liability claim may be appropriate.

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Legal News GavelCar accidents can cause serious injuries and even death, resulting in high medical costs and other significant expenses. If you have been injured in a car accident that was caused by a mechanical defect or malfunction, we can help. At the Law Offices of Robert Dixon, our Miami car accident attorneys will aggressively pursue the compensation you deserve for your harm. With years of experience, we have helped many South Florida clients resolve their injury claims and can help you as well.

While many car crashes are caused by driver negligence, some accidents occur because of mechanical issues. Mechanical problems can cause a driver to lose control of the car and get into an accident. Many types of mechanical defects or malfunctions can cause car accidents, including:

  • Seat belt injuries;
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Legal News GavelIf you or someone close to you was injured due to an auto defect in a vehicle, you should reach out to a seasoned Miami auto defect attorney who can help you understand your rights. At the Law Offices of Robert Dixon, we are committed to holding automakers accountable for the harm that they cause. We understand the complexities of this area of the law and will aggressively advocate for your rights at every step of the way.

According to documents posted on the National Highway Traffic Safety Administration’s website, automakers recently recalled about 135,000 Porsche and Volkswagen sport utility vehicles over the danger of a fuel leak. This recall indicates that Volkswagen and its corporate affiliates, Audi and Porsche, have recalled about 278,000 vehicles in the last year for the same issue. The problem is that fine hairline cracks can appear on the filter flange of the fuel pump, allowing a small amount of fuel to leak. The danger of a fuel leak signifies a potential fire hazard, although the automaker’s reports did not mention whether any actual fires took place.

While most automobile accidents in Florida can be addressed through a negligence lawsuit, auto defects can typically be resolved through a product liability claim. Product liability lawsuits can be classified in one of three ways:  manufacturing defects, design defects, and failures to warn. A manufacturing defect occurs when a mistake is made in the assembly of a product, resulting in an item that is not created as it was intended. A design defect takes place when there is a fundamental flaw in the design of the product, making it inherently dangerous to users. In some cases, a plaintiff may have a claim based on a manufacturer’s failure to warn about inherent but non-obvious risks to the user.

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Legal News GavelEach day, children across Florida spend time at public and private playgrounds. Playgrounds are places where children go to make new friends and enjoy themselves, but they can also be dangerous places. If you or a loved one suffered an injury from defective playground equipment, our seasoned Miami product liability attorneys can help. At the Law Offices of Robert Dixon, we can examine the circumstances of your injury and determine what happened. You can trust that we will work efficiently on your behalf to help you pursue the compensation you deserve in your case.

According to the Centers for Disease Control and Prevention (CDC), more than 200,000 children under the age of 14 are taken to emergency rooms for injuries that take place on playgrounds. In fact, approximately 75 percent of all non-fatal playground-related injuries occur on public playgrounds, mainly daycare centers and schools. Almost half of all playground-related injuries are serious injuries, such as concussions, fractures, internal injuries, dislocations, and even injuries that necessitate amputations.

If you have been injured by faulty playground equipment, you and your family deserve to be compensated for the harm. Of course, not every playground accident is actionable, since physical activity can inherently put a child at some risk of an accident. However, if your injury was caused by defective playground equipment, you may be able to sue the manufacturer through a product liability claim. Some examples of playground equipment defects include but are not limited to:

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Legal News GavelSegways can often be seen in malls, beaches, and other outdoor spaces. While these transportation devices can be fun, they can also be dangerous. If you or your loved one has been injured on a Segway, you should reach out to a skilled Miami personal injury attorney who can assess the merits of your case. At the Law Offices of Robert Dixon, we understand the nuances of personal injury law and can apply our understanding to your case.

A Segway is a two-wheeled personal transport system that uses the weight of the rider to determine speed and direction. Segway riders lean forward to increase the speed and stand upright to slow down. A Segway’s top speed typically caps at 12.5 miles per hour, which may not seem very fast, but to put it into perspective, the average bicycle speed is around 9.6 miles per hour. As a result, Segway accidents can result in serious harm to a victim, including spinal cord injuries, broken bones, head injuries, facial injuries, and more.

According to a George Washington University study, Segways are extremely dangerous. The study examined the medical records of 41 people in Washington, D.C. who were admitted to emergency rooms at the university hospital from 2006 to 2008. The survey found that there was a steady increase in Segway injuries each year, and the overall percentage of serious injuries was even higher than for pedestrian accident injuries. Of the 41 documented injuries, 24 percent were for serious injuries that involved admission to the hospital.

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Legal News GavelCar seats save the lives of children in Florida and elsewhere in the United States each year. When a child’s car seat is defective, however, the child can sustain serious injuries or even die as a result. If your child has been hurt by a defective car seat, it is vital to reach out to a skilled Miami product liability attorney who can help evaluate your case. At the Law Offices of Robert Dixon, we are committed to holding negligent parties accountable and getting our clients the compensation they deserve.

Just this summer, Britax Child Safety recalled over 207,000 rear-facing infant car seats because part of a clip can break and create a choking hazard. According to documents, parts of the car seat were found in the mouths of three children, although no choking injuries were reported. Unfortunately, recalls like this are commonplace for child safety seats, especially for car seats that have been on the market for a long time. Some examples of car seat defects are as follows:

  • Flaws in the harness;
  • Low chest clips;
  • Sudden release of the car seat;
  • Flammable material;
  • Choking hazards;
  • Weak construction;
  • Base separation; and
  • Faulty locks.

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