Product Liability

January 29, 2016

The Dangers of Trampoline Use

Who does not like to jump around on trampolines? It is fun, right? Albeit entertaining to most, trampolines can cause significant bodily injury and even death. For example, recently, in Oviedo, Florida, a 19-year-old boy died inside a trampoline park called Boing! Jump Center. Seminole County Sheriff’s deputies said that the teenager was performing flips when he landed on his head. The doctor in this particular case, Dr. Elizabeth Davis of Arnold Palmer Hospital, stated that trampolines can be very dangerous and can easily cause catastrophic injuries, such as the one in this case.

The dangers of trampolines are obvious. Are there ways to make trampolines safer? Consumers of all products, not only trampolines, expect the products they use to be safe. The product’s manufacturers are required to design the products to meet strict government and industry safety standards. When the product is not designed in compliance with such standards and someone is injured or killed, the injured victim or the victim’s family may sue for compensation. Due to the multiple complexities of Florida’s products liability law, you should hire an experienced products liability attorney of Gerson & Schwartz PA for your case.

Defective Products in Florida and the Relevant Law

December 11, 2015

Verdict Reached in Florida Woman’s Lawsuit Against Tobacco Company

by Gerson & Schwartz, P.A.

In December, a Gadsen County jury reached a decision to award $11 million to a woman suing R.J. Reynolds Tobacco company. The woman claimed that she contracted throat cancer from smoking their cigarettes. Although the $11 million figure may be reduced by the judge because the woman can be considered partially at fault, this case represents a huge victory for those suffering from nicotine addiction. If you have gotten sick or lost a loved one from tobacco product consider contacting a Miami Product Liability Attorney.

This case was argued in court as a product liability case. The 71-year-old woman’s attorney alleged that R.J. Reynolds was selling a defective product even though it was perfectly legal. The nicotine in the cigarettes caused the woman to become addicted reducing her fault for not being able to quit and prevent the cancer. The woman began smoking when she was just 14 years old.

The tobacco company’s lawyers argued that the woman was a willing smoker and not the picture of a hopeless addict she was portraying to the court. They also claimed that her cancer was not even caused by the cigarettes, but by the Human Papillomavirus, which at times is known to lead to cancer. The jury clearly did not buy the tobacco company’s arguments and decided instead to punish them heavily for selling such a dangerous product.

November 6, 2015

Florida Car Accident Instigates Federal Tire Recall Investigation

by Gerson & Schwartz, P.A.

When someone is injured or killed in an auto accident, the driver is usually responsible. But blame could also rest in the hands of the manufacturers and even the legal system designed to keep defective vehicle parts off the road.

In October, the National Transportation Safety Board announced that the system to recall defective tires is broken and ineffective. The investigation was launched in response to an auto accident in Florida involving a van equipped with defective tires that left two people dead and eight others injured. Neither the owner of the van nor its mechanics were aware the tires had been recalled.

According to the NTSB, there are 33,000 accidents in the U.S. each year due to defective tires, and even when tires get recalled, most drivers are unaware. Having defective tires can result in you being held responsible for the damages in an auto accident.

September 8, 2015

Xarelto May Cause Deadly Side Effects

by Gerson & Schwartz, P.A.

Far too often, our Miami personal injury attorneys read about a prescription drug causing serious, life-threatening side effects. Unfortunately, Xarelto continues this disturbing trend. Xarelto, manufactured by Johnson & Johnson and its subsidiary Janssen Pharmaceuticals, is a blood-thinning drug approved by the FDA in July 2011. Xarelto is a new type of anticoagulant drug that has captured the US drug market in recent years. Drugs like Xarelto were originally designed as an alternative to Warfarin, a similar blood-thinning medicine that has been in the market since the 1950s. However, recent research shows that Xarelto too, is coming with its fair share of problems.

Xarelto has led to an increased danger of blood clotting related injuries like gastrointestinal bleeding and severe internal hemorrhaging, especially during surgeries or following accidents. Two FDA “boxed warnings” (also known as “black box” warnings) have been prominently included on the drug’s box. One warning informs patients that stopping Xarelto early can increase the danger of building more blood clots. The other warning label states that Xarelto can add to serious head and spinal injuries (epidural and spinal hematoma).

Xarelto manufacturers have been sued by numerous patients who suffered strokes, pneumonic embolisms, deep vein thrombosis, and heart attacks. Adverse Xarelto side effects can result in extensive hospitalization, lengthy medical bills and considerable time off from work. These damages are recoverable by victim who suffered Xarelto side effects or by the family of a loved one who lost their life due to Xarelto.

May 8, 2015

Student’s Death Highlights Importance of Medical Device Safety

by Gerson & Schwartz, P.A.

The area of products liability is one of the biggest areas in which a personal injury lawyer can make a difference in the lives of consumers. We rely upon products that we use every day to be safe and reliable, often putting our lives in the hands of the companies that make and manufacture these products.

Nowhere is that more evident than in the area of medical products. A recent, tragic death in Chicago is a reminder of how vital it is to keep companies responsible for ensuring the safety of the products.

Chicago Law Student Dies

February 26, 2015

General Motors Recent Auto Recalls May Give Rise to Increase in Product Liability Claims

by Gerson & Schwartz, P.A.

It seems that more cars including additional GM products are facing recalls based on design and manufacturing defects. Some of the problems are those that could potentially cause serious or catastrophic injury, reminding us that often our vehicles may not be as safe as we believe they are, and that it’s important to pay attention to the recall notices in the news. The Miami personal injury lawyers at Gerson & Schwartz, P.A. are keeping a close eye in the wake of the latest General Motors recall fiasco.

Airbags a Big Recall Target

The rumor is true, that often an airbag can cause as much injury as a crash itself. Still, airbags often save lives, and are an important protective tool for drivers.

January 9, 2015

Malpractice or Products Liability? The Distinction Can Be Important

by Gerson & Schwartz, P.A.

We’ve written in the past about the importance of understanding what kind of cases are medical malpractice, and what kind are general negligence or products liability. A recent case has again discussed the difference, this time in a products liability context.

Why The Difference Matters

The difference is important because of the mandatory medical malpractice pre-suit requirements. Florida law puts significant requirements on a plaintiff suing for medical malpractice that aren’t required for ordinary negligence or products liability.

May 21, 2013

What Consumers Need To Know About Class Actions Lawsuits As They Relate To Product Liability Claims

by Gerson & Schwartz, P.A.

Previously, this blog discussed the elements of product liability claims as they relate to recalls by the U.S. Consumer Product Safety Commission (“USPSC”) of various defective consumer products. Many times the circumstances associated with product liability claims spur attorneys to use a unique legal device to obtain recovery when multiple individuals have been injured.

When a sufficiently large number of people are injured by a product that was defectively manufactured or designed, the group’s legal claims may be pursued by means of a “class action” lawsuit.

A class action lawsuit is a type of legal claim that groups multiple individuals together so they can litigate their claims as one. In order to commence such an action, however, the class must first be certified by the court in which the lawsuit is filed. To be certified by the Court a class must possess four qualities:

January 17, 2013

U.S. Consumer Product Safety Commission Issues Press Release Regarding Potentially Dangerous Winter Products

by Gerson & Schwartz, P.A.

Last week, the U.S. Consumer Product Safety Commission (“USPSC”), issued an advisory to consumers to check their homes for certain cold weather products which were previously recalled due to safety concerns.

According to the press release, consumers should be looking for four specific products which, although recalled over the summer, likely saw little or no use until the cold weather hit. Those products are ECHO Bear Cat log splitters, Big Lots portable ceramic space heaters, Harbor Breeze bath fans, and Snowpulse Avalanche airbags.

Each of these products suffers from a defect which renders it dangerous for use. For example, according to the press release, the ECHO Bear Cat log splitter suffers from a design flaw where the “end cap of the log splitter’s hydraulic cylinder can break away from the body of the log splitter, posing an impact hazard to the user or bystander.” At the time of the original press release in June of 2012, the manufacturer of the log splitter, Crary Industries, had received three reports of the hydraulic cylinder end caps detaching, with one of the instances resulting in an injury from the cylinder striking the user in the head.