Products Liability Category Archives - Page 4 of 6 - South Florida Injury Lawyer Blawg Published by Miami Accident Attorneys

Allergic Reaction Injuries in Florida

Published on: January 4, 2017 | by Law Offices of Robert Dixon

Each year, a number of people in Florida are rushed to the emergency room for severe allergic reactions. In some cases, individuals suffer adverse reactions for a short time and can be treated quickly. In other extremely serious cases, however, individuals die from allergic reactions. Even when a person takes all the necessary precautions, serious reactions may take place due to mislabeled products, products that are not labeled properly, or instructions that are not followed properly.

According to Food Allergy Research & Education (FARE), up to 15 million Americans have food allergies, of which 9 million are adults and 6 million are children. FARE also reports that allergies seriously affect one in every 13 children (those under 18 years of age) throughout the country. Allergies to peanuts, tree nuts, fish, or shellfish are typically lifelong allergies. The Centers for Disease Control and Prevention reports that food allergies resulted in more than 300,000 ambulatory-care visits a year among children under the age of 18.

When you buy a product, you expect it to be labeled correctly. When there is no label, or the product is labeled incorrectly, it can pose a risk to people with allergies. If a mislabeled product has harmed you, you may be able to file a negligence claim against the at-fault party. Products can be faulty if they have a manufacturing defect, a design defect, or a lack of warnings.

Thanksgiving Day Fires Caused by Faulty Products in Florida

Published on: December 14, 2016 | by Law Offices of Robert Dixon

Thanksgiving Day is typically a time when families get together to cook, eat, and spend time with one another. Unfortunately, it is also a day that is known to have a high number of fire accidents. According to State Farm, data from 2007 to 2011 reveals that Florida ranks fifth in the country for the most cooking fires on Thanksgiving Day, just behind Texas, Illinois, New York, and Ohio. One source of such fires is defective products that are used for cooking. If you have been injured in a fire caused by a faulty deep fryer or cooking appliance, you may be able to seek compensation for your harm through a Florida product liability claim.

Every year, far more fire accidents take place on Thanksgiving Day than any other day of the year. In fact, some reports estimate that Thanksgiving Day sees three times the nation’s daily average in emergency fire accidents. Fires originating from the kitchen are the top reason for home fires and burn injuries. The United States Fire Administration estimated that about 4,300 house fires are started on Thanksgiving Day ever year, accounting for 15 deaths and almost $27 million in property damage.

Product liability refers to a manufacturer or seller being held liable for placing a defective product into the stream of commerce and ultimately into the hands of a consumer. Product liability claims can be divided in the following ways: manufacturing defects, design defects, and failures to warn.

Carbon Monoxide Poisoning in Florida

Published on: December 12, 2016 | by Law Offices of Robert Dixon

Damages resulting from carbon monoxide poisoning can be extremely serious. If you or someone close to you was injured or even killed due to carbon monoxide poisoning, it is important to seek the help of a skilled Miami injury attorney who can explore the facts of your case. Carbon monoxide poisoning may be actionable if it was caused by negligence. At the Law Offices of Robert Dixon, we have years of experience handling virtually all types of personal injury claims and can put our knowledge to use in your case.

Carbon monoxide is a colorless and odorless poisonous gas, which is why it is often referred to as the “invisible killer.” According to the Centers for Disease Control and Prevention, more than 400 people die each year in the United States from unintentional carbon monoxide poisoning. Furthermore, more than 20,000 people visit the emergency room, and over 4,000 are ultimately hospitalized due to carbon monoxide poisoning.

Under Florida law, every building for which a building permit is issued for new construction that has a fossil-fuel burning heater or appliance, a fireplace, or an attached garage is required to have an approved operational carbon monoxide alarm installed within 10 feet of each room used for sleeping purposes.

Helicopter Crashes in Florida

Published on: December 7, 2016 | by Law Offices of Robert Dixon

Helicopter rides can be a great source of fun as well as a way to travel from one place to another. In Florida, individuals can enjoy scenic flights over certain cities and view the state’s most famous attractions. If you have been injured in a helicopter accident that you believe was caused by someone else’s negligence, you should contact one of our skilled Miami injury attorneys as soon as possible. We can assess the merits of your case and help you seek the compensation you deserve.

When a helicopter accident takes place, it is important to examine the situation thoroughly to determine the cause of the accident. The reality is that some crashes are caused by conditions that are outside everyone’s control, such as adverse weather conditions. Some helicopter accidents, however, are preventable and take place because of sheer carelessness. Helicopter crashes may be caused by a helicopter pilot’s error, a helicopter owner’s negligence, a helicopter manufacturer’s negligence, negligence by a hospital or corporation that is in charge of running the helicopter, or a maintenance company’s negligence.

Negligence is the failure to use reasonable care, resulting in damage or injury to someone else. Reasonable care refers to the obligation of every individual to act as a prudent person would act in the same or similar circumstances. In order to successfully assert a negligence claim, the plaintiff must establish the following elements. The defendant must have owed the plaintiff a duty of care, the defendant must have violated the duty of care, and the plaintiff’s injury or death must have been a direct result of the defendant’s carelessness.

Samsung Galaxy Note 7 Recall

Published on: November 21, 2016 | by Law Offices of Robert Dixon

Earlier this month, a St. Petersburg resident says his Samsung Galaxy Note 7 was charging in the car when it caused a fire, ultimately setting his jeep ablaze. The vehicle was totaled. This was just one of many incidents that prompted Samsung Electronics Co. to announce a massive recall of 2.5 million Galaxy Note 7 devices in 10 countries and other markets where phones have been shipped. The recall comes as a result of faulty batteries, which have led to some of the phones exploding while charging.

Target and Amazon have stopped selling the Note 7 and are working with Samsung to replace the phones already sold. Best Buy, AT&T, T-Mobile, and Sprint have also stopped sales of the device during the recall process. The Federal Aviation Authority (FAA) warned passengers not to charge the device during flights or even put it into the checked baggage. In addition, the United States Consumer Product Safety Commission advised consumers to stop charging and using the device.

Samsung, like other manufacturers, has a legal responsibility to ensure that its products are safe for their intended purpose. Unfortunately, this recall highlights how defective products can pose real dangers to consumers. If a faulty Note 7 has injured you or someone you know, you may be able to file a product liability claim against Samsung.

Injuries Caused by Makeup Defects or Dangerous Cosmetics

Published on: November 21, 2016 | by Law Offices of Robert Dixon

For many women, using cosmetic products is part of their daily routine. While in most cases individuals are able to use makeup without incident, there are cases when manufacturers and sellers put dangerous cosmetics into the hands of users. If you or someone close to you has suffered an injury due to a recalled or hazardous cosmetic product, we can help. At the Law Offices of Robert Dixon, our attorneys are knowledgeable in product liability law and can put our skills to use in your case.

Under federal law, a “cosmetic” is defined as an article intended to be “rubbed, poured, sprinkled, or sprayed on, introduced into, or otherwise applied to the human body…for cleansing, beautifying, promoting attractiveness, or altering the appearance.” As a result, the term encompasses moisturizers, make-up, shampoos, toothpaste, nail polish, and the like. All cosmetics must comply with certain federal regulations, such as the ones set forth by the Food and Drug Administration (FDA).

Injuries from cosmetic products can range from allergic reactions to infections and dermatological conditions. These conditions can leave victims to deal with extensive medical treatments, lost wages, and disabilities, as well as long-term emotional distress. According to the FDA, only three percent of all cosmetic products have reports sent to the FDA regarding injuries to the consumer. Approximately 1,000 dangerous chemicals have been found in cosmetic products sold in the United States.

Florida Diving Board Accidents

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

Diving boards can be a great source of fun for children and adults alike. They are a common feature of many private and public swimming pools across Florida and the United States. Although many swimmers enjoy using the diving board without incident, the reality is that diving boards can cause serious injuries and even death. If you or someone you know has been hurt in a diving board accident, it is important to seek the help of a skilled Miami injury attorney who can assess the merits of your case.

Diving is considered a collision sport, due to the impact with the water on entry. A diver entering the water from a 10-meter high diving board is traveling at almost 40 miles per hour. This speed is enough to break bones and dislocate joints. Some common diving board injuries include shoulder injuries, neck injuries, elbow injuries, back injuries, wrist or hand injuries, knee injuries, cuts, scrapes, bruises, swimmer’s ear, and more. These injuries can arise in a number of ways, including landing on other swimmers in the pool, hitting one’s head on the diving board, side of the pool, or bottom of the pool, or back and spinal cord injuries from landing on one’s back.

A number of parties may be liable for a diving board accident, including the pool owner, the diving board manufacturer, the company that installed the diving board, and the retail store that sold the diving board.

Appliance Accidents in Florida

Published on: October 7, 2016 | by Law Offices of Robert Dixon

Most Americans use a number of electronic appliances each day to ease daily tasks. Unfortunately, these appliances can often injure their users. If an appliance that was unreasonably dangerous, defective, or lacking in adequate warnings has injured you or someone you know, you may be entitled to compensation for your harm. At the Law Offices of Robert Dixon, our Miami product liability attorneys can analyze the facts of your situation and determine the viability of your claim.

According to the United States Consumer Product Safety Commission (CPSC) National Electronic Injury Surveillance System, home appliance accidents cause over 150,000 emergency room visits each year. A number of appliances can cause injuries, including microwaves, refrigerators, freezers, space heaters, and ceiling fans, as well as stoves and ovens. Appliance accidents can cause a wide range of injuries, including but not limited to bruises, cuts, serious burns, and even death.

If a hazardous or defective product has hurt you, you may be able to take legal action against the at-fault party. Manufacturers have an obligation to make safe appliances that work as intended. A wholesaler and retailer may also be liable for the injuries caused. Product liability lawsuits can be categorized in one of three ways: manufacturing defects, design defects, and failures to warn. A manufacturing defect takes place when an error is made in the assembly of a product, resulting in an item that is not made as it was supposed to be made. A design defect, on the other hand, occurs when there is a fundamental flaw in the design, which makes it inherently dangerous to users. Lastly, an injured victim may have a claim based on a manufacturer’s failure to warn the user about inherent but non-obvious risks.

Fireworks Injuries on the Fourth of July in Florida

Published on: August 5, 2016 | by Law Offices of Robert Dixon

The Fourth of July is a festive time when families often gather to enjoy barbecues, drinks, and fireworks. Unfortunately, each year, a number of people throughout Florida and the United States are injured in fireworks-related accidents. If you or someone you know has been injured in this type of accident, it is important to seek the help of a Miami attorney who can assess the merits of your case.

While fireworks can be a great source of enjoyment, they also can cause serious injuries, including burns, eye injuries, loss of limbs, smoke inhalation, and even fatalities.

According to the Consumer Product Safety Commission (CPSC), slightly more than 12,000 Americans hurt themselves with fireworks last year. Roughly two-thirds of those injuries happened in the three-day period from July 4 to July 6, corresponding with the Fourth of July weekend. The data also show that most firework injury victims are male. In fact, males account for an overwhelming 74 percent of the injuries. In addition, children younger than 15 years of age account for over one third of all firework injuries.

Florida Appellate Court Highlights Importance of Procedural Rules

Published on: July 18, 2016 | by Law Offices of Robert Dixon

Unfortunately, dangerous and defective products injure many Florida consumers each year. In the most serious cases, faulty products can even cause death. If a product caused your injuries, you may be able to hold the manufacturer, distributor, or retailer accountable for your harm through a product liability claim.

In Stults v. International Flavors, a federal appellate court dismissed the plaintiff’s lawsuit because they failed to object at trial in a timely manner, thus giving up the right to address the claimed errors on appeal.

In the case at hand, the plaintiff typically consumed one to three packets of microwave popcorn each day for three decades. At some point, the plaintiff developed bronchiolitis obliterans – a condition that resulted in an inflammation of the lungs. The plaintiff filed a claim against the manufacturer of the popcorn, asserting that the buttery flavor caused the harm to his lungs.