Products Liability Category Archives - Page 5 of 6 - South Florida Injury Lawyer Blawg Published by Miami Accident Attorneys

Injuries to Children from Dangerous Toys in Florida

Published on: April 27, 2016 | by Law Offices of Robert Dixon

Every year, dangerous toys injure a number of children in Florida and throughout the United States. In the most serious cases, children can die from dangerous or defective toys. At the Law Offices of Robert Dixon, we take every child injury case very seriously. Our dedicated products liability attorneys will scrutinize the facts of your case and devise a legal strategy accordingly.

According to the United States Consumer Product Safety Commission (USPC), there were an estimated 251,800 toy-related injuries in 2014 that had to be treated in U.S. hospital emergency departments. 42 percent of these injuries were classified as lacerations, contusions, or abrasions; and 44 percent of these injuries were to the head and face area. Most of these children were younger than 15 years of age. In the same year, 11 toy-related deaths occurred among children younger than 15 years old. Riding toys were associated with 7 of the 11 reported deaths, and all deaths were due to motor vehicle involvement.

Some common types of injuries that can take place include: blindness or eye injury, deafness or hearing loss, choking, ingestion, burns, electric shocks, strangulation, deformation and more.

E-Cigarette Explodes and Severely Injures Naples Man

Published on: March 3, 2016 | by Law Offices of Robert Dixon

E-cigarettes have been increasingly popular as an alternative to traditional cigarettes. Over the last few years, however, there have been many reports of e-cigarettes exploding and leaving consumers severely injured. If you or someone close to you has been injured by an e-cigarette, you may be able to obtain compensation for your harm. At the Law Offices of Robert Dixon, our products liability attorneys can analyze the facts of your case and determine whether or not you have a strong legal claim.

A recent incident in Florida left a 21-year-old man injured after an e-cigarette exploded in his face. Evan Spahlinger, from Naples, was burned on his face, neck, hands, and lungs. He suffered internal burns and had to be placed into a medically induced coma. He had to be treated at a hospital that had a burn unit, due to the severity of the burns.

Last week, Spahlinger filed a lawsuit in Miami-Dade County against the companies that manufactured the e-cigarette that injured him. According to Spahlinger’s attorney, the defect in the e-cigarette “left Evan permanently injured and caused him unimaginable mental anguish.” Given Spahlinger’s injuries, he will need extensive follow up care to deal with his permanent injuries.

Hoverboard Accidents in Florida

Published on: February 16, 2016 | by Law Offices of Robert Dixon

Hoverboards are among the most popular consumer products on the market today. Many different manufacturers produce their own version of the product. But hoverboards have proved to be extremely dangerous for many people. When you ride a hoverboard, you have the right to expect that it won’t injure you. At the Law Offices of Robert Dixon, our highly skilled Miami injury attorneys can work diligently to help protect your rights.

Many riders have been injured in hoverboard accidents,not only through falls but also because some hoverboard models have reportedly burst into flames while charging or exploded during use. The United States Consumer Product Safety Commission (CPSC) has launched an investigation into the safety of these products, and thinks the battery pack compatibility issues with chargers may be to blame for the fires. The CPSC also found that reports of hoverboards catching fire took place in at least 17 states.

Florida Court Rules in Tobacco Company Case

Published on: February 3, 2016 | by Law Offices of Robert Dixon

Earlier this month, tobacco companies won in a Florida appeals court when the court overturned a multimillion-dollar award to a smoker’s family. The tobacco companies in the case, R.J. Reynolds Tobacco Co., Philip Morris USA, Inc., Lorillard Tobacco Co., and Liggett Group, faced a number of claims, including negligence, strict liability, fraudulent concealment, and conspiracy to commit fraud. These claims were brought forth by Johnnie Calloway’s estate in RJ Reynold Tobacco Co. v. Calloway.

Calloway had started smoking when he was just 15 years old. In 1991, Calloway suffered a heart attack, and he died of bladder cancer approximately one year later. A physician stated that Calloway’s death was related to his habit of smoking three packs of cigarettes per day.

At the end of trial, the jury concluded that Calloway was approximately 20 percent at fault for his death, with the rest of the blame divided among the tobacco companies. Calloway’s estate was awarded a total of $9 million, and his daughter was awarded $7.1 million. Additionally, the court stuck the tobacco companies with a $54.85 million award of punitive damages. The defendants appealed.

Car Seat Lawyers in Florida

Published on: December 17, 2015 | by Law Offices of Robert Dixon

Car seats are intended to protect children from harm in the event of a car accident. When car seats are improperly installed or defectively made, however, they may actually cause harm to the child. If your child has been harmed due to a defective car seat or because of someone’s negligence, it is important to speak to a Miami injury attorney who can assess the merits of your case. We will work hard to get you the compensation you deserve.

Florida law mandates that children up to five years old be strapped into a child car seat or booster seat when they are in a moving vehicle. The Centers for Disease Control and Prevention (CDC) reports that when children between the ages of four and eight use a car seat, their risk of severe injury decreases by 45 percent. According to the National Highway Traffic Safety Administration (NHTSA), 75 percent of car seats in use are incorrectly fitted. This puts children at risk. Even collisions at low speeds could lead to a child fatality if the child was in an incorrectly installed car seat.

Jurisdiction Issue in Florida Product Liability Case

Published on: November 19, 2015 | by Law Offices of Robert Dixon

Product liability cases are complex, and they can become even more complicated when a foreign company is involved. At the Law Offices of Robert Dixon, our Miami product liability lawyers understand the nuances of this area of law and can put our knowledge to use in your case.

In Teva Pharmaceutical Industries v. Ruiz, a Florida resident was seriously and permanently injured after the propofol administered to him was contaminated with dangerous bacteria. The medication was manufactured by an Israel-based drug maker known as Teva Pharmaceutical Industries. The man sued the drug company for his harm.

The drug manufacturer responded by filing a motion to dismiss based on lack of personal jurisdiction. The issue in the case became whether a plaintiff can sue a foreign drug manufacturer when the incident took place in Florida.

Florida Supreme Court Clarifies Test in Product Liability Cases

Published on: November 10, 2015 | by Law Offices of Robert Dixon

If a product has injured you, you may be able to seek compensation for your harm. Product liability cases are extremely complex, and having the right attorney on your side can make all the difference in your case. At the Law Offices of Robert Dixon, our product liability attorneys understand the nuances of this area of law and will take the time to meticulously scrutinize the facts of your case.

In Aubin v. Union Carbide, the Florida Supreme Court reversed an appellate court’s adoption of more stringent proof requirements for injured parties.

The facts of the case are as follows. William Aubin filed the lawsuit after he contracted a fatal and incurable type of cancer known as mesothelioma in 2008. Aubin claimed that he got the disease by working with asbestos containing joint compound and texture sprays made by Georgia Pacific and provided by his employer. Aubin stated that Georgia Pacific did not warn users to wear masks to avoid the danger of inhaling the product’s hazardous dust. This, however, was not the issue in the lawsuit. Instead, Aubin said that the company Union Carbide, which mined, processed, and sold the asbestos to Georgia Pacific, should be held accountable for his harm.

Rollover Accidents in Florida

Published on: August 17, 2015 | by Law Offices of Robert Dixon

If you or someone close to you was injured in a rollover accident, we can help. Rollover accidents can have devastating and long-term consequences for everyone involved. At the Law Offices of Robert Dixon, our skilled Miami accident attorneys have helped many South Florida clients seek the justice and compensation they deserve for their harm. We can diligently investigate the facts of your case and try to hold the at-fault party accountable.

Rollover accidents happen for a number of reasons, ranging from a driver making a dangerously sharp turn to being hit by another vehicle. The National Highway Traffic Safety Administration (NHTSA) estimates that 55 percent of fatalities in a single-car crash involved rollovers. The NHTSA also reports there are approximately 280,000 rollover car accidents each year in the United States. In some years, rollover accidents have caused up to 10,000 deaths.

Rollover accidents are often caused by the negligence of another driver. Negligence refers to the failure to exercise reasonable care when driving. Reasonable care is defined as how a prudent person would act in the same or similar circumstances. As a result, what is considered reasonable will vary depending on the situation. For example, an SUV driver who makes excessively sharp turns at high speeds would be considered negligent if he caused a rollover accident and the resulting harm in this manner.

ATV Accidents in Florida

Published on: July 8, 2015 | by Law Offices of Robert Dixon

If you or someone close to you has been injured in an all-vehicle terrain (ATV) accident, you may be entitled to compensation for your harm. Whether you were hurt due to an ATV manufacturing defect or the negligence of another ATV driver, we can help. At the Law Offices of Robert Dixon, our experienced Miami personal injury attorneys can help you recover the damages you deserve for your injuries. With years of experience, we have helped countless Florida clients resolve their injury claims and can help you too.

ATV accidents can take place in a variety of ways. Individuals are not required to have a driver’s license to operate an ATV. As a result, people often operate ATVs for amusement in rural areas with little or no prior training. This inexperience can lead to serious accidents and injuries. Other causes of ATV accidents include drivers failing to obey laws, trying to perform stunts, allowing more riders on the ATV than it can handle, malfunctioning equipment, and more.

If the ATV accident was caused by a design or manufacturing flaw, the manufacturer or seller may be liable under products liability law. A product is considered to have a design defect when there is a defect built into the design of the product. For example, an ATV may be designed with a flaw that makes it unreasonably dangerous. A product is considered to have a manufacturing defect when the product is created in a way that departs from the intended design. Manufacturing defects normally take place due to a blunder in the making of the product.

Florida Class Action Lawsuits in the Context of Product Liability Claims

Published on: March 19, 2015 | by Law Offices of Robert Dixon

There are broad consumer protection laws in the United States. When a consumer is injured through the proper use of a product, that consumer may be able to seek compensation for his or her injuries. In these cases, product liability laws apply. Product liability law encompasses instances in which injuries result from the use of a product that is unsafe due to its design, the way it was manufactured, or the way it was sold, marketed, or furnished to the injured party.

Products liability cases include the purchase of cars, construction materials, machinery, medical equipment, real estate, foods, and beverages, as well as intangibles such as electricity. Manufacturers and sellers of goods have a duty to compensate for any injury caused by a faulty product that is sold on the market. This means that an injured consumer can take legal action against the entity that designed, manufactured, sold, or furnished the unsafe product.

When a sufficiently large number of people are injured by a faulty or defective product, the entire group’s legal claims may be pursued through a “class action” lawsuit. A class action lawsuit allows multiple people to litigate their claim as one. A class can be created if many people have suffered similar injuries by using the defective product. Drug injuries are one common example of that. However, in order to move forward with a class action lawsuit, the class has to be certified by the court. In order to be certified, the class must have the following four qualities: Continue Reading ›