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

Florida Court Makes Distinction Between Negligence and Products Liability Claims

Published on: February 9, 2015 | by Law Offices of Robert Dixon

Products liability and negligence are both complex areas of law, which can be difficult to parse through. In fact, it can sometimes be confusing to determine which cause of action is relevant in your case. If you have been hurt and do not know which legal grounds are applicable in your case, you should seek the help of a qualified Miami injury attorney. A recent case decided by Florida’s Fifth Circuit Court of Appeals explained the distinction between the two legal concepts in the context of products liability.

In Holmes Regional Medical Center, Inc. v. Dumigan, a recalled drug known as heparin was used on a male patient who was admitted to the hospital for cardiac bypass surgery. The hospital used the recalled drug on him, causing injury to the patient. The hospital had failed to dispose of the drug from its stock. The patient and his wife sued the hospital on a negligence claim as well as a products liability claim.

Ultimately, the issue for the court of appeals was whether the claim was on medical malpractice grounds or products liability (specifically, because of the faulty medication). Continue Reading ›

Legal Assistance for Miami Victims Injured by Defective Airbags

Published on: December 2, 2014 | by Law Offices of Robert Dixon

Airbags are intended to keep people safe in the event of a car accident. Unfortunately, this is not always the case. If you or someone you know has suffered an injury as the result of a defective airbag, it is imperative to seek the help of an experienced Miami personal injury lawyer. Faulty airbags can cause serious long-term injuries. Additionally, cases involving defective airbags can be very complicated, since there could be multiple liable parties, including the airbag manufacturer or the auto manufacturer.

Last month, the National Highway Traffic Safety Administration (NHTSA) issued a press release urging the drivers of over four million recalled vehicles to have their defective air bags replaced immediately. This latest announcement comes on the heels of several other recalls that were announced throughout 2014. The consumer advisory alert noted that the recall was especially urgent for drivers in states with humid climates, including Florida.

Airbags can fail for a number of reasons, including the airbag failing to deploy, deploying too late, deploying too soon, deploying when it was not necessary, or deploying at an improper angle. Continue Reading ›

Dealing with Tire Blowout Accidents in Florida

Published on: October 21, 2014 | by Law Offices of Robert Dixon

If you or someone you know has been injured in a tire blowout accident, it is important to contact a qualified attorney who can help you obtain the compensation you deserve for your injuries. Every year, a number of people are injured and killed due to tire failures.

There are many reasons a tire can blow out, ranging from thread separation to balding tires. In some cases, tire manufacturers are responsible for the defective tire that caused the accident. Examples of defective tires include poor tire construction, manufacturing defects, de-beading, tire shedding, de-trading, and even adhesion failures.

Faulty or defective tires can lead to devastating accidents resulting in very serious injuries, and in the most unfortunate cases, death. The National Highway Traffic and Safety Administration (NHTSA) estimates that tire failures, including blowouts, cause over 8,000 serious traffic accidents every year. Continue Reading ›