North Florida Injury Lawyer Blog

Product liability cases come in many different forms. What they all have in common is that a company or manufacturer has sold or distributed a defective product that causes harm, injuries, and damages to a consumer. Metal artificial hip implants have caused significant long term injuries and complications to thousands upon thousands of patients throughout the United States. Rather than improve the patient's lifestyle, these metal artificial hip implants have wreaked havoc upon the lives of patients and their family members.

A Florida Products Liability Attorney can assist patients with a case against a manufacturer or distributor when injuries are caused by a defective product. These cases are extremely complicated and it makes sense to contact a Florida Personal Injury Attorney for advice, consultation, and representation.

It has been reported that the metal - on - metal hip replacements are failing at a high rate. The hip replacements that were suppose to last 15 years or more are not having the longevity or success that were promised to the patients who underwent the invasive surgery to have a hip or both hips replaced. The hope of a better life has been replaced with disability, pain, and disappointment for many patients who have received the hip or knee placement and later suffered the complications and failures of these replacements.

It is estimated that the costs and damages associated with the failure of these hip implants are in the billions of dollars range. The financial repercussions go well beyond the medical care as jobs are lost, lives are changed, and family members are forever affected by a serious injury to a loved one.

The incidents have set off a financial scramble. Recently, lawsuits and complaints against makers of all-metal replacement hips passed the 5,000 mark. Insurers are alerting patients that they plan to recover their expenses from any settlement money that patients receive. Medicare is also expected to try to recover its costs.

The numbers and statistics are quite interesting and on a large scale. It is estimated that approximately 500,000 patients have undergone hip replacement surgery with metal on metal replacements. One product metal - on - metal product was even subject to a recall in 2010. The product which was distributed by Johnson & Johnson - DePuy Division - was implanted in approximately 40,000 patients. It has been reported that approximately 3,500 lawsuits involving this implant have been filed to see damages, compensation, and medical bills for the patients. See the High Costs of Hip Replacement Failures.

In Orange County, Florida, it was reported that four people were exposed to carbon monoxide poisoning at an apartment complex. The complications caused by the carbon monoxide poisoning required medical care and treatment with a hospitalization. See Four People Hospitalized in Central Florida with Carbon Monoxide Poisoning.

Carbon monoxide poisoning can lead to serious personal injuries and, in some instances, the death of unsuspecting victims. The problems and dangers associated with carbon monoxide poisoning are amplified by the fact that carbon monoxide is a colorless and odorless gas that enters a person's respiratory system instead of oxygen.

The City of Jacksonville (Florida) closed 33 of its public pools after a warning about potentially deadly drain covers given by a government agency. The Consumer Product Safety Commission (CPSC) announced a recall of about one million pools and spa drain covers last Thursday because they “could pose a possible entrapment risk to swimmers and bathers.” City spokesman Ben Bennymon said that all of the pools will remain closed until their drain covers are inspected and if needed, replaced.

Pool drains contain up to 500 pounds of vacuum force and can cause severe personal injuries, especially to young children. Often times younger kid’s bathing suits, necklaces, and hair get trapped in the drain. In extreme cases, swimmers can be disemboweled by the suction. According to the CPSC, 97 suction entrapment incidents were reported between 1999 and 2010, and 12 resulted in death. In addition, 82 injuries were reported during that same period.

Pool entrapment death is one of the most horrifying ways a child or adult can die. Pool drain entrapment occurs when a drain is defective or missing. Normal pool operation involves cycling the water through a filtration system, and in order to do this, water must be sucked out of the pool through the drain. When the cover is defective, excessive suction can cause the swimmer to be trapped in the drain. Drain covers in Jacksonville public and residential pools should be inspected on a regular basis for brittleness, cracks, lose screws, and improper fit to prevent serious death or injury. For more information on this topic, see city pools closed after pool drain recall.

A Palm Coast accident took the life of five people from Eustis returning from a family reunion in North Carolina. There were nine people in the SUV, only two wore their seatbelts. The 1999 Ford Explorer rolled over on Interstate 95 when their left rear tire blew out and the driver los control of the vehicle.
Those killed in the accident ranged in ages from 18 – 48. The survivors were all children, who were taken to Flagler and Halifax Hospitals and later released to family members.
In accidents involving deaths the surviving family members of the victims may have a claim for their losses and damages in a Wrongful Death action, which must be brought within two (2) years of the date of accident. Normally such claims would be brought against the insurance held by the driver and the owner of the vehicle. However, due to the nature of the accident there may be a question as to whether the vehicle’s design caused this tragedy.
If an investigation is conducted of the vehicle, and it appears that the Explorer should have not rolled over in such an accident, then the family members may have a products liability claim against Ford. Investigating and analyzing such claims can be challenging, but rollover cases cannot be easily dismissed as driver error. The timeframe is still a factor, but the action would change from negligence of the driver to negligence in the design of the vehicle.

The Jacksonville widower of Luma Kajy, the victim of a tragic accident on the Buckman Bridge earlier in 2010, filed suit against General Motors due to the Yukon, driven by Kajy, turning over and causing the death of Kajy after she swerved from the path of Sarah Pringle, found guilty of DUI Manslaughter for the accident.
The GM Yukon has a history of rollover issues and the design of the 2003 GM Yukon driving Kajy’s is one of the models known for such problems. The products liability lawsuit was filed within the statute of limitations timeframe of two years for a wrongful death claim. The suriving spouse may have actually had more time to file the lawsuit due to a 2010 change to the Wrongful Death statutory limits which indicates that there is no bar on such actions caused by the intentional acts of another.
The suit against GM should not impact the jail sentence currently being served by Pringle. Regardless of the make-up of the Yukon, had it not been for Pringle’s actions and choice to drive under the influence, Kajy would not have been involved in the accident that took her life.
A suit against a company like General Motors will most likely take time. Typically a case involving a products issue requires a period of discovery where both sides are investigating the allegations set forth in the lawsuit. In order to establish a products liability case, the widower will need to show that GM was negligent in their design of the Yukon and that such negligence caused the rollover in an accident like this one. In addition, whether certain testing would have shown GM of the potential dangers associated with such design.
The fact that the Yukon’s body has been changed since the 2003 model, which cannot be shown as evidence that the 2003 model was, in fact, faulty.

Airbags are designed to prevent severe personal injuries, so what should you do when a faulty airbag deployment is the cause of severe personal injuries. Also, situations may arise where personal injuries are the result of an airbag not deploying during a collision or accident.
When drivers suffer such issues they often try to go through car dealers or manufacturers for compensation and are unsuccessful because the seller or manufacturer does not want to admit fault or liability. While the company may not want to accept fault, typically the injuries that result from unexpected airbag deployment are considered a product liability issue and the manufacturer would have to address the injury claim.
Recently in Jacksonville, Florida, The Florida Times Union automobile section had a reader that wrote in for advice regarding defective airbag deployment of a Mercedes E350 where the driver airbag and passenger side airbag simply deployed without impact. The reader thankfully suffered no injuries, but was having a lot of difficulty getting the repairs completed. This is unfortunately a common issue even though the manufacturer is the best one to provide the service necessary to correct the problem.
The reason a faulty airbag deployment would occur would be from a defect, negligent construction of the airbag deployment device or poor construction of the airbag system. When there are multiple individuals claiming the same type of incident, often a recall of a vehicle or parts of the vehicle will occur.
A manufacturer can be held liable for injuries that result from a faulty airbag deployment or injuries suffered due to an airbag not deploying properly.

Continue reading "Faulty Airbag Deployment Can Be Dangerous" »

So far this year, there have been four major recalls of window blinds in the U.S. due to strangulation hazards. The latest recall involves over 3.3 million blinds sold by international retail giant IKEA in the U.S. and Canada.

According to the United States Consumer Product Safety Commission (USCPSC), IKEA is voluntarily recalling the following blinds:

Roller Blinds: Strangulations can occur if the blind's looped bead chain is not attached to the wall or the floor with the tension device provided and a child's neck becomes entangled in the freestanding loop.

Roman Blinds: Strangulations can occur when a child places his/her neck between the exposed inner cord and the fabric on the backside of the blind or when a child pulls the cord out and wraps it around his/her neck. An additional hazard exists when the Roman blind has a continuous looped bead chain that if not attached to the wall or floor, which poses a strangulation hazard to children.

Roll-up Blinds: Strangulations can occur if the lifting loops slide off the side of the blind and a child's neck becomes entangled on the free-standing loop or if a child places his/her neck between the lifting loop and the roll-up blind material.

IKEA had the first recall of its Roman Blinds last December after receiving reports of the death of a 1-year-old girl in Connecticut and the near-strangulation of a 2-year-old boy. It issued the latest recall after another near-strangulation report involving a 1-year-old Massachusetts boy.

A potential fire hazard has forced the recall of certain BMW model cars and Volkswagen vans.

BMW has recalled their 2008-1011 Model 1 Series cars and Volkswagen has recalled Routan vans from model year 2009. The VW recall involves approximately 15,900 vehicles; BMW has not reported how many vehicles its recall impacts.

The BMW 1 Series cars from model years 2008-2011 are being recalled because of the potential for seat-belt pretensioner insulation to overheat and catch on fire in the case of a crash.

2009 Volkswagen Routans are being recalled because of an improper wiring harness in the sliding door of the vans. It has been discovered that it is possible for the wiring harness to a condition where a sliding door hinge bracket can cut the wiring insulation, causing it to overheat and catch fire.

Volkswagen has said that it will be mailing all 2009 Routan owners instructions on fixing the problem on June 20. Owners can contact the company at 800-822-8987.

BMW said it would also be distributing a mailing to 1 Series customers who are affected by the recall, with information on how the problem will be fixed by the dealer. BMW customers can call 800-525-7417 for more information on the 1 Series recall.

Product recalls are an important safety measure that can save lives. While recalls cost companies millions of dollars, the costs are well worth it if it even saves one life or prevents serious personal injuries to others.

When a product causes injury or harm, there is usually potential for a defective product liability claim. And even though the list of products can vary wildly – from consumer products to vehicles to pharmaceuticals – the types of defective product liability claims commonly fall into one of these three categories:

Manufacturing Defects. When a product does not function as it is supposed to because of the way it has been made and causes harm, the injured party may be able to file a defective product liability claim. Examples of a manufacturing defect could include tainted medicine, a car made with a faulty part, a tricycle with a missing seat bolt, and many more.

Design Defects. When the design of a product is inherently defective or dangerous, it can give rise to a defective product liability claim. SUVs that have been proven to flip over easily, airbags that do not deploy or toys made with lead-based materials are just a few examples of products that can cause injury due to defective design.

Failure to Warn. If product instructions or labels fail to provide adequate warnings about the proper use of a product and an injury occurs, the injured party may be able to recover damages with a defective product liability claim for failure to warn.

If you or a member of your family have been injured by a defective product, contact a Florida Products Liability Injury Attorney to guide you through law and to file a claim / action to enforce your rights as an injury victim.

Earlier this year, the dominant news story was the sudden acceleration and brake failure on many Toyota model cars and trucks that caused a number of accidents and “runaway” vehicle events.

Typically, motor vehicle product liability claims are for vehicles or parts that have a manufacturing defect, or vehicles or parts that have a design defect. In most cases, all or some of the following entities may be pursued for a motor vehicle product liability claims:

• The manufacturer of the vehicle
• The manufacturer of the parts
• The vehicle dealer
• The automotive supplier or repair shop

If you or a loved one have been involved in an accident involving a defective vehicle – either yours or the other driver’s – both of you could have a defective vehicle liability claim. If the other driver was also negligent, that may be added to your case as well.

Types of liability in defective motor vehicle cases include:

• Strict product liability – where you must simply prove that the vehicle or part was defective;
• Breach of express warranty – where the defect was a violation of the manufacturers’ written warranty or guarantee;
• Breach of implied warranty – where a state’s minimum standard for the product has not been met.

If you or a member of your family has been the victim of an accident caused by a defective motor vehicle or part, contact a Florida Products Liability Personal Injury Lawyer for advice and consultation regarding your legal rights.

How do you prove a product liability claim? Under product liability law, you must show:

Injury or loss. One of the most critical elements of a product liability claim is that a person has suffered an actual injury or monetary damages. Without either of those, there will be practical issues and challenges for both the attorney and client in pursuing such a legal cases.

Product defect. You also have to prove that the product that caused you injury or damage was defective. Types of defects include products that have been manufactured or designed improperly, as well as products that do not carry the proper warning labels or instructions for use.

Your injury was caused by the product defect. It must be proven that the actual defect in the product caused your injury or loss, not just the product itself.

You used the product correctly. You must have used the product as the manufacturer specified it to be used. However, this does not necessarily mean you must have used the product exactly as specified. If it is reasonable to expect that a consumer would use it in the same way you did, a manufacturer will likely be held liable.

If you or a member of your family have been injured or suffered a loss due to a defective product, it can be quite difficult to deal with the complexities and legal issues surrounding a Florida products liability case. It is often times helpful to have legal representation through a Florida Personal Injury Attorney on products liability cases that cause serious personal injury or wrongful death.