You Were Hurt by a Defective Product in Florida – What's Next?

You Were Hurt by a Defective Product in Florida – What’s Next?

You Were Hurt by a Defective Product in Florida – What's Next?

Consumer products regulations ensure that most products on the market are safe for their intended use. However, some consumer products companies push the boundaries of regulations or cut corners in the design or manufacturing process, which can lead to dangerous defective products reaching US consumers.

When consumers are injured by a defective product, it may be possible to recover damages through a product liability suit. However, proving product liability is an in-depth process, and will require that you take action quickly after the accident, collecting evidence to demonstrate that certain elements were present.

Types of Product Liability Recognized in Florida

Most Florida defective product cases fall under the strict liability theory, otherwise known as a product liability suit. Product liability tends to fall into one of three categories: design defects, failure to warn, and manufacturing defects.

Design defects. If a product’s design is defective, it endangers the user even if it is perfectly manufactured. In order to prove that design defects caused the injury, the claimant must be able to demonstrate the following:

  • It was possible for the manufacturer to use a design that was less dangerous.
  • Using the less-dangerous design would have been technically and economically feasible.
  • The less-dangerous design would not compromise the product’s functionality.

Failure to warn. Under Florida product liability law, a product can also be considered defective if the manufacturer did not provide sufficient instructions or labeling for safe product use. This is referred to as failure to warn.

Manufacturers are required to warn of any potential hazards associated with the product that are not readily apparent. Further, manufacturers must provide instructions for safe use. Failure to provide this information could result in the manufacturer being held liable for resultant injuries.

Types of Product Liability Recognized in Florida

Manufacturing defect. A manufacturing defect is a chance occurrence, and it is not present in every individual product. For example, tire tread defects may lead to a tire blow out.

Elements Needed to Prove Liability in Florida

In order to win a product liability suit, you must be able to prove certain elements to establish that the manufacturer is liable for damages.

Injuries occurred. You must able to prove that injuries occurred. Evidence of the personal and financial damages resulting from these injuries is also helpful in seeking damages.

Injuries were due to the product in question. You must be able to demonstrate that your injuries occurred due to the product in question.

The product was defective. You must be able to demonstrate that the product in question was defective, usually due to one of the above specific defects.

What to Do if You Are Injured by a Defective Product in Florida

Product liability suits are fact-based, meaning every element of the case must be thoroughly documented. Therefore, if you are injured by a defective product, it is important to be aware of exactly what evidence you need to collect immediately following the injury.

Save the product as evidence. Product liability hinges on the product itself, which will serve as the most important piece of evidence in your case. Therefore, it is important to save not only the product, but also any packaging, manuals, and safety warnings. If you can provide a receipt or proof of purchase this will also be helpful., along with any accompanying warranty information.

Seek medical attention. To protect your safety, we advise that you seek medical attention for your injuries right away. Further, waiting to seek medical attention can also cast doubt on the severity of your injuries in a product liability suit. Keep all records of emergency room and doctor’s visits such that you can document that you sought medical attention.

Document your injuries. To seek damages, you must be able to document the extent of your injuries. Keep all medical records, including emergency room or office visit summaries, and results of diagnostic tests.

Taking pictures or videos of your injuries may also be helpful. This documents the extent of your injuries, and also how they affect your life. Pictures and videos may also be more relatable than written documentation in medical jargon.

Document what happened. To prove that the defective product caused your injuries, it is important to document the events that led to your injury. As soon as possible, write a time and date-stamped account of the accident (for example, using email or a cloud server), and include as much detail as possible.

If witnesses were present, ask them to provide a written account as well. They may also need to testify in court.

What to Do if You Are Injured by a Defective Product in Florida

Keep medical bills, pay stubs, and tax returns. To demonstrate the financial damages caused by your injuries, save documentation such as medical bills, pay stubs demonstrating lost wages, evidence of sick days used, and tax returns.

Product liability suits are an important means to protect consumers from dangerous defective products. However, winning a product liability suit, requires a significant amount of clear, well-documented evidence supporting your case. This means that if you are injured by a defective product, you should be proactive by collecting the necessary evidence and seeking out legal guidance as soon as possible.

 

 

About the Author:

Jeffrey Braxton is a trial lawyer in Fort Lauderdale who has devoted his career to the practice of personal injury law. As lead trial attorney for the South Florida Injury Law Firm, Jeff has litigated thousands of cases and is a member of the Million Dollar Advocates Forum, an exclusive group of attorneys who have resolved cases in excess of one million dollars.

America's Other Gun Problem: Defective Firearms

America’s Other Gun Problem: Defective Firearms

America's Other Gun Problem: Defective Firearms

Jarred Brown, 28, had just picked up his Taurus PT-145 Millennium Pro pistol and headed out with his friend to do some target shooting. According to his friend, the pistol was in Jarred’s hip holster when it discharged on the family’s back porch.

 

The pistol sent a.45-caliber slug through Jarred’s femoral artery, and his father came out onto the porch to find his son bleeding out. Jarred’s father and stepmother called 911 and did their best to stop the bleeding and resuscitate Jarred, but he was dead by the time paramedics arrived on the scene.

 

Jarred’s father and friend were convinced that Jarred hadn’t touched the gun when it discharged, so they did online research to better understand what had happened. They learned that there had been a number of class action suits against Taurus, and that several of their guns could fire on their own, even with the safety on.

 

So why weren’t they recalled? Unfortunately, no government entity has the power to regulate defective firearms or ammunition in the US – or even to force gunmakers to warn consumers of safety defects. Historically, pro-gun lobbyist groups have blocked legislation to give any government agency oversight over defective weapons out of concern that such legislation could set precedents that ultimately compromise Second Amendment rights.

 

Let’s take a second to put this in perspective. Consumer products ranging from teddy bears to kitchenware are federally regulated, and are routinely recalled due to even minor safety concerns. Not guns, though. Essentially, guns and ammunition – inherently dangerous products – have no safety requirements or oversight whatsoever.

 

Gun companies, motivated by the bottom line, are allowed to manufacture and market products with known safety defects, even after multiple fatal accidents have occurred. To this day, Taurus denies that its guns even have any defects.

 

Bottom line? The only way to fight back against defective firearms or ammunition is to file a defective product lawsuit if you or a loved one are injured by a defective gun. Let’s take a look at the elements of a defective firearm lawsuit.

 

How Defective Firearm Lawsuits Work in Florida

 

How Defective Firearm Lawsuits Work in Florida

The first question the courts will ask when looking at a firearms injury case is how the injury happened. If the weapon was used improperly and was not defective, the user is liable for damages. If the weapon was used properly and is defective, it may be possible to hold the manufacturer liable through a product liability suit.

 

Under Florida product liability law, here are three main ways in which a product defect can cause damages. All three have been successfully used in firearm product liability cases.

 

Defective Design

If the gun is designed in such a way that injury could foreseeably result, and if the risk of injury could have been mitigated by an alternative design, the product may be defective in its design. In the above example, previous injuries resulting from spontaneous discharge of Taurus handguns would be suggestive of a design flaw.

 

Manufacturing Defect

If the design of the gun does not have any safety defects but the individual gun is manufactured with a flaw, this is known as a manufacturing defect.

 

Marketing Defects

If the gun is marketed with inadequate warnings relating to an unexpectedly dangerous quality inherent in the weapon, this may constitute a marketing defect. This would also apply to Taurus handguns, as defects in the safety switch and trigger are not disclosed in product warnings.

 

What to Do If You are Injured by a Defective Gun

 

If you or a loved one are injured by a defective gun, take action by seeking compensation for your injuries. Winning means not only helping to secure your financial future, but holding the manufacturer accountable in a public way that will hopefully lead to positive changes making firearms safer.

 

Defective Products Lawyers Boca Raton

Proving product liability usually requires skilled legal help, especially for an inherently dangerous product such as guns. A personal injury attorney can help you get the compensation you deserve, and hold the manufacturer accountable for its dangerous defective product. Contact us today to learn what options are available to you.

 

 

About the Author:

 

Jeffrey Braxton is a trial lawyer in Fort Lauderdale who has devoted his career to the practice of personal injury law. As lead trial attorney for the South Florida Injury Law Firm, Jeff has litigated thousands of cases and is a member of the Million Dollar Advocates Forum, an exclusive group of attorneys who have resolved cases in excess of one million dollars.

3 Types of Defective Product Cases in Florida

3 Types of Defective Product Cases in Florida

3 Types of Defective Product Cases in Florida

We just got through the season of giving, but that also makes it the season of getting for a lot of people. If you or someone love was injured due to a seeming defect in one of their new toys – literal or figurative – you might be feeling angry. You might be wondering if you have a legal case against someone because of the problems cause by their product.

 

It depends. Under Florida law, there are three different general ways that a product can be deemed defective. Understanding these three defect categories can both give you a decent sense of whether you have a viable case and let you know what type of case you are likely looking at if you decide to file a claim.

 

Below, we’re going to detail the three types of product defect categories and explain what protections you have under Florida law.

 

Defective Design

 

If the design intended by the manufacturer turns out to present an unreasonable hazard to the consumer, the manufacturer may be held liable for defective design in your case.

 

Florida courts will determine reasonable hazards based on a test of consumer expectations. If a reasonable consumer would expect the product to be safe under intended use, but the product fails to meet this reasonable expectation, the manufacturer’s liability would be primary.

 

An example of this would be an improperly designed battery storage component on a toy, which could lead to burns from leaking batteries.

 

Defective Manufacturing

 

This type of defect occurs during the manufacturing process itself. That means the product design was safe, but as it was being made, flaws in the manufacturing process created unreasonable danger.

 

The manufacturer can be held liable for a product that causes injury due to defects that occurred between the design process and the packaging or distribution process.

 

For example, a foreign object could enter a bottle of pills during the manufacturing process, leading to contamination.

 

Failure to Warn

 

If a manufacturer or distributor fails to place adequate and appropriate warnings on the packaging of the product, this is another way that they can be held liable for consumer injuries.

 

A common example of this would be a drug that does not include complete warnings of possible side effects for overdoses. The product may have been designed and manufactured properly, but the packaging failed to reasonably warn the consumer of the known dangers.

 

With this kind of product defect case, your attorney will need to prove that the risk of injury would have been lowered or eradicated with a reasonable warning.

 

How Florida Liability Claims Work

 

Statute of Limitations. You have a limit of four years to file a product liability lawsuit in Florida. What that means is that you have four years from the date that you discover the problem to file a claim.

 

However, it is also important to note that there is also a 12-year statute of repose. This means that 12 years after a product is delivered to the first purchaser, the manufacturer cannot be held liable for harm in most cases.

 

Comparative Negligence. Florida courts use the comparative negligence rule in product liability cases. This means that if you are found partially at fault for your injury, the court will award payment to you based on the percentage of liability.

 

For example, if a product caused $50,000 in damage to your home, but you were found 50 percent liable, your maximum award would be $25,000 from the at-fault party.

 

The court will take into account the scientific and technological knowledge of the designer and manufacturer at the time the product was made and consider how that bears on the overall liability.

 

South Florida Defective Products Lawyers

Get Legal Assistance

 

Product liability cases tend to be complicated and hard-fought, and they can be difficult to win on your own. Companies are reluctant to admit fault and will pull out all the stops to shut your case down. To give yourself the best chance at success, you need the help of an experienced Florida injury attorney who will fight on your behalf. Call today for a free case review.

 

 

About the Author: 

 

Jeffrey Braxton is a trial lawyer in Fort Lauderdale who has devoted his career to the practice of personal injury law. As lead trial attorney for the South Florida Injury Law Firm, Jeff has litigated thousands of cases and is a member of the Million Dollar Advocates Forum, an exclusive group of attorneys who have resolved cases in excess of one million dollars.

 

 

 

Watch Out! Common Ways Florida Kids Get Injured Around Christmas

Watch Out! Common Ways Florida Kids Get Injured Around Christmas

Watch Out! Common Ways Florida Kids Get Injured Around Christmas

Any parent or relative of small children will tell you that there is nothing quite so special and rewarding as sharing the holiday season with little ones. Children’s unfettered enthusiasm for Christmas is contagious, helping to bring out the kid in all of us.

 

The Christmas holiday is therefore an occasion marked with excitement and joy for Florida families. However, all of that excitement means that kids and adults alike may be a little less cautious than usual, and holiday injuries can happen in the blink of an eye.

 

A Christmas injury to your child will not only spoil the holiday fun, but can also have long-lasting consequences. Your child could be left with permanently debilitating injuries or potentially even be killed.

 

It is therefore important to familiarize yourself with common ways that kids get injure around Christmas, and have some ground rules in place for the festivities.

 

Toy-Related Injuries

 

On average, 18 children are admitted to U.S. emergency rooms every hour with toy-related injuries. Further, toy-related injuries account for around 43% of child hospital admissions.

 

Around Christmas, those numbers skyrocket as children test out new toys, some of which may not have been appropriately selected. Appropriate toy selection and supervision during toy use can help avoid some of these common toy-related injuries.

 

Ride-on toys. Such as scooters, bicycles, tricycles, rollerblades, skateboards and motor-powered kiddie vehicles. These types of toys are by far the most common culprit for serious toy-related injuries – particularly in older children.

 

One way to prevent serious injuries related to these toys is to make sure that children are wearing all recommended safety gear, especially helmets, at all times. If you will be purchasing a ride-on toy for a child in your life, make sure to also purchase appropriate safety gear and gift this as well. It is also important to supervise children during the use of ride-on toys, especially as they are learning to use them.

 

Importantly, foot-powered scooters are the most injurious ride-on toy. Due to the high rate of injury, these toys are best avoided, especially for younger children with less-developed motor skills and coordination. If your child will be riding a scooter, be sure that he or she wears a helmet at all times, and consider the use of protective gear to shield knee, elbow and wrist joints.

 

Trampolines. Another common cause of serious toy-related injuries among older children. Children are susceptible to falls, head trauma, strains and sprains while using this popular toy. For large trampolines, installing a guard net may be helpful in preventing falls. Further, children should always be supervised during trampoline use.

 

Choking Hazards. Choking and asphyxiation hazards are common causes of toy-related injuries and fatalities in children under the age of two.

 

These injuries can be prevented in part by selecting age-appropriate toys. Check the package labeling or online product descriptions for more information, and keep toys intended for older children in the household out of the reach of younger siblings.

 

Florida Defective Toys Injury Lawyer

 

Defective Toys. Not surprisingly, defective toys are more likely to result in toy-related injuries. To prevent these injuries, check the toy’s safety specifications prior to purchase, and keep an eye on recalls posted by the Consumer Product Safety Commission.

 

Deck the Halls with Care

 

Putting up and taking down holiday decorations is a common cause of injury for children and adults alike. Falls from ladders and stools are most likely to result in serious injuries during holiday decorating.

 

If your children will be helping to decorate, be sure to supervise them closely. Also, younger children should never be allowed on ladders.

 

Ingestion of Decorations

 

Christmas decorations are very inviting – they’re glittery, colorful, and something new on young children’s radars. It’s therefore very common for younger children to attempt to eat Christmas decorations.

 

To prevent this, make sure that decorations are displayed out of the reach of young children, and supervise your children around decorations if you’ll be visiting friends or relatives who may not have taken these precautions.

 

Drunk Driving

 

The Christmas season is a common occasion for drinking, and many families travel to visit relatives, often driving to reach their destinations. Unfortunately, this makes alcohol-related motor vehicle injuries and fatalities much more likely on Christmas.

 

Boca Raton DUI Accidents Attorney

To protect your family from drunk drivers, avoid driving late at night if possible. Also remain alert, and watch for signs of drunk drivers, such as inappropriate speed and swerving. Avoid these cars, and consider reporting them to the Highway Patrol to help keep drunk drivers off the road.

 

What to Do If Your Child Is Injured

 

If your child sustains an injury due to someone else’s negligence, he or she should be held accountable for their negligent actions. Seek compensation for your child’s injuries by reaching out to a knowledgeable Florida personal injury attorney and you give yourself the chance to ease financial concerns related to the injury, while also providing closure on what was likely a traumatic event for the whole family.

 

About the Author:

Jeffrey Braxton is a trial lawyer in Fort Lauderdale who has devoted his career to the practice of personal injury law. As lead trial attorney for the South Florida Injury Law Firm, Jeff has litigated thousands of cases and is a member of the Million Dollar Advocates Forum, an exclusive group of attorneys who have resolved cases in excess of one million dollars.

Hoverboards, Electric Skateboards Still Causing Injuries

Hoverboards, Electric Skateboards Still Causing Injuries

Hoverboards, Electric Skateboards Still Causing Injuries

Trends often come and go. Think Tickle Me Elmo, Beanie Babies, Tamagotchis, Furbies – the list goes on and on. Usually people simply get tired of them, or an old trend is replaced by a new trend. However, in the case of hoverboards and electric skateboards, the trend has hit a bit of a stumbling block for a different reason – it turned out to be dangerous.

 

Did you buy a hoverboard or electric skateboard when they were all the rage? If you did, and you still have it, you should be concerned. Not only are they defective products that are continuing to be recalled, they’re also still causing accidents. Recently, the first U.S. deaths from a hoverboard occurred.

 

The First U.S. Deaths from a Hoverboard

 

In March, 2-year-old Ashanti Hughes was killed when a blazing fire ripped through a Harrisburg, Pennsylvania home. Two surviving children who were seriously injured with burns told officials that a plugged-in hoverboard exploded and caused the fire.

 

Ten-year-old Savannah Dominick suffered burns over 95 percent of her body and died a week later.

 

The Harrisburg fire chief said the children “heard some sizzling and crackling in the hoverboard, and shortly thereafter it exploded in flames.” The LayZ Board hoverboard supposedly had only been plugged in for 15-20 minutes before the crackling started.

 

Ashanti was trapped on the second floor of the house along with seven other people. Some of them were able to escape the burning house by jumping out of a window. Firefighters said the fire spread quickly, “first to overstuffed furniture, then to curtains and everything else in the home, fueled by high winds.”

 

Shaka Crawford, Ashanti’s grandmother and the homeowner, had a severe warning for anyone who still has a hoverboard: “Get rid of them, get rid of them.”

 

Product Recalls and Warnings

 

In 2016, the Consumer Product Safety Commission (CPSC) recalled over 500,000 hoverboards due to the lithium battery potentially overheating or catching fire. The hoverboards involved in the recall included the Swagway X1 model, the Hovertrax from Razor, the Airwalk Self Balancing Electric Scooter, the iMoto, the Hype Roam, the Wheeli, 2Wheelz, Back to the Future, Mobile Tech, Hover Shark, NWS, X Glider and X Rider.

 

Earlier this year, the CPSC added another hoverboard manufacturer to its recall list – the Vecaro LifeStyle – naming the Glide65, Drift8, and Trek10 models specifically.

 

Hoverboard and Electric Skateboard Injury Lawyer

According to the advisory, which affects 500 products, the lithium-ion battery packs in the hoverboards “can overheat, posing a risk of smoking, catching fire and/or exploding.”

 

In May, shortly after Ashanti Hughes was killed by an exploding LayZ Board hoverboard, the CPSC issued another hoverboard warning regarding LayZ Board hoverboards, and urged consumers to get rid of the hoverboards at a recycling center so the hazardous battery can be safely handled.

 

Along with hoverboards, about 3,200 electric skateboards have also been recalled for the very same reason – the lithium batteries can smoke, overheat, and cause a fire hazard.

 

Knowing about these recalls and the potential danger these products can cause, it’s imperative that you take these warnings seriously to prevent anyone from getting seriously injured. If, however, you or a loved one has already been the victim of a hoverboard or electric skateboard fire, you might be entitled to compensation for injuries with a hoverboard lawsuit. Reach out to a compassionate and experienced Florida personal injury lawyer to discuss your case so you can get justice for your pain and suffering.

 

 

 

About the Author:

Jeffrey Braxton is a trial lawyer in Fort Lauderdale who has devoted his career to the practice of personal injury law. As lead trial attorney for The South Florida Injury Law Firm, Jeff has litigated thousands of cases and is a member of the Million Dollar Advocates Forum, an exclusive group of attorneys who have resolved cases in excess of one million dollars.

 

Do I Have a Hoverboard Lawsuit

Do I Have a Hoverboard Lawsuit?

Do I Have a Hoverboard Lawsuit

 

Hoverboards were called the hottest holiday gift last year – and just not because they were so popular.

 

These motorized platforms, often compared to a portable Segway or balancing scooter, gained rapid attention on social media for their popularity with celebrities and futuristic capabilities. However, the amount of injuries and disasters caused by them quickly resulted in new, not-so-fun headlines.

 

Falling off hoverboards caused an alarming amount of injuries and emergency room visits, but that was just the beginning. Many hoverboards were also catching on fire and exploding.

 

Sometimes these fires occurred while users were riding their hoverboard, but mostly they happened while the hoverboards were charging. Because of this, hoverboard fires caused devastating damage to dozens of homes across the county. In Tennessee, two children nearly died when their hoverboard caught on fire and burned down their home.

 

What’s Causing These Injuries?

 

First and foremost, riding a hoverboard should be treated like riding a bike or a skateboard – it is not as simple as it appears to be on YouTube and social media. You may lose your balance and fall. Breaking a fall with your hands can result in hand and arm injuries, and depending on the angle and severity of your fall, these injuries can affect your head and neck as well. Due to this, the CPSC advises that you take precautions while learning to ride a hoverboard and wear appropriate safety gear (helmet, elbow pads, knee pads, and so on).

 

Of course, that only covers the issue of falling, and unlike with slip and fall situations, there is a clear, inherent risk in riding a hoverboard that limits your ability to take legal action for this type of injury.

 

The real problem that has everyone on edge about hoverboards is the fact that they have been spontaneously catching on fire at an alarming rate. Why is this happening?

 

Hoverboard fires are usually the result of cheap materials and manufacturers cutting corners. To keep up with the skyrocketing demand for hoverboards before the holiday season, many hoverboard companies did not properly test their products and settled for cheap lithium ion batteries. These batteries can quickly become dangerous after being bumped around and overused, as many hoverboards are when first purchased because owners are still learning how to use them properly.

 

Should You Be Compensated for a Hoverboard-Related Injury?

 

Boca Raton Personal Injury Claims Lawyer

 

Before pursuing legal action, ask yourself the following questions:

 

When did you purchase a hoverboard?

 

Safety regulations regarding hoverboards changed as the U.S. Consumer Product Safety Commission (CPSC) quickly responded to the skyrocketing rate of hoverboard injuries. In December 2015, the CPSC issued a statement saying that they were investigating the cause of hoverboard fires and would be taking part in ongoing safety testing. In February 2016, they deemed all hoverboards unsafe.

 

If you purchased a hoverboard before this time, however, it was still new to the market and probably did not meet basic safety requirements. Remember, though, Florida law only allows you to file a personal injury report 3-4 years after the date of your accident, so it’s best not to put your suit off.

 

Boca Raton Hoverboard Injury Claims Attorney

 

Were you following your hoverboard’s rules for safety?

 

Read over your hoverboard’s user manual for their explicit rules on how to safely use the product. Different manufacturers include weight requirements and limits on how steep of an incline a hoverboard can safely ride. Age limits and limits on pregnant women are also included in some user manuals.

 

What were you doing when the hoverboard incident occurred?

 

Florida adjusts the amount of compensation you will receive in a personal injury lawsuit if you are considered to be partially at fault. For example, if you were injured after falling off a hoverboard but were not wearing a helmet, you may be blamed to an extent for your head injuries.

 

Hoverboard fires have caused $2 million in property damage and dozens of trips to the emergency room. But does that necessarily mean that you deserve financial compensation for what happened to you? The only way to know for sure is to go over the details of your case with an experienced defective products lawyer.

 

 

About the Author:

 

Jeffrey Braxton is a trial lawyer in Fort Lauderdale who has devoted his 22-year career to the practice of personal injury law. As lead trial attorney for The South Florida Injury Law Firm, Jeff has litigated thousands of cases and is a member of the Million Dollar Advocates Forum, an exclusive group of attorneys who have resolved cases in excess of one million dollars.