Articles Posted in Products Liability

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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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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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Car 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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If 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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