Florida Injury Lawyer Blog

Each year, product liability cases arise when customers are harmed or injured by using incorrectly manufactured, designed, or stored products. Recently, product liability has been in the news again after it was revealed that some Chinese manufacturers have been knowingly using cadmium – a heavy metal known to cause cancer – in jewelry sold in the US. Defective and dangerous products such as this cause serious harm to US consumers each year. Children’s toys, for example, sometimes cause choking hazards or other harm. Other products have been linked to burn injuries and other serious injuries.

In many cases, a good Florida personal attorney is required to pursue a product liability case, since most companies have multiple insurance and coverage options. As well, many products today are manufactured overseas. When a company is accused of making unsafe products, there is often a blame game being played out. Companies accuse manufacturers (usually located overseas), while manufacturers blame exporters or parent companies. Stores selling the products are also sometimes accused or found to be partly liable.

Trying to determine who is responsible for an unsafe product takes a good attorney and an investigation team. Injured parties often feel that they are not given the answers they need from manufacturers and become frustrated when it appears that companies are allowed to produce such unsafe products with little harm to their reputations.

A recent release by LAS Newswire has revealed that the trend may be changing. The news agency reports that a Bloomberg study has found that juries are ruling in favor of plaintiffs in defective product cases. As well, the study found that the size of the verdicts imposed on large companies has risen. Both trends, say experts, are expected to continue into 2010.

In 2009, large companies had to pay out $620 million in defective product lawsuits in just the top five product-defect verdicts alone, representing a 53% increase over the previous year. Some experts think that the current unemployment rate as well as the economic recession is persuading juries to find against larger companies more often.

In 2009, the five largest verdicts returned in courts involved product liability cases. The largest case was a $300 million verdict against Philip Morris unit in Florida. Clearly, juries are more willing to penalize large companies and reward injury victims who have suffered due to product defects.

In Florida and across the country, Hydroxycut products have often been used by customers interested in losing a few extra pounds. However, new information suggests that Hydroxycut weight loss products can cause liver damage. Customers are urged to immediately stop using all Hydroxycut products.

The U.S. Food and Drug Administration (FDA) has issued an alert after 23 cases of health problems and death have been linked to Hydroxycut weight loss products. The products are made by Canadian-based company Iovate Health Sciences Inc. The company has issued a recall of Hydroxycut products after the FDA reported its findings.

Even customers using Hydroxycut products in recommended doses and using the products as recommended have developed liver problems and other personal injuries. Customers do not have to use excessive amounts of the product to develop serious problems. Unfortunately, Hydroxycut products have been on sale since 2008 and some customers have been using these products for some time.

If you have been using Hydroxycut products and have developed symptoms of liver disease or liver problems, seek medical attention right aaway. Symptoms of liver problems may include:

1) Brownish urine
2) Vomiting and nausea
3) Pale stools
4) Poor appetite
5) Jaundice (yellowish color of the whites of the eyes or the skin)
6) Exhaustion or severe fatigue
7) Itchiness
8) Pain in the stomach or abdominal area

Keep in mind that symptoms will vary from person to person. If you have some of these symptoms and have been using Hydroxycut products, seek medical attention. Even if you have few or no symptoms you may wish to get a physical or a check-up from your doctor if you have been taking Hydroxycut products. Some customers do not have symptoms until several months after taking Hydroxycut, so do not assume you do not have any adverse effects. Get medical help to evaluate your condition.

In addition to liver problems, some customers who have used Hydroxycut have reported cardiovascular problems, kidney problems, muscle damage, and seizures. If you have any unusual symptoms, see a physician. However, keep in mind that only 23 cases of problems have been reported while Hydroxycut has been sold since 2008. More than 9 million units of Hydroxycut have been sold in that time and only a small percentage of users so far have reported problems.

The manufacturer of Hydroxycut is recalling fourteen Hydroxycut products. These include Hydroxycut Max Drink Packets, Hydroxycut Carb Control, Hydroxycut Regular Rapid Release Caplets, Hydroxycut Max Liquid Caplets and Hydroxycut Natural. If you have any of these products, stop using them immediately and monitor yourself for symptoms. Keep checking the company website for updates and details about the recalls.

Many homeowners in Florida and across the country are worried about whether they have Chinese drywall. Some drywall made in China has been found to be tainted, or made with products that emit sulphide gases such as hydrogen sulphide gas, which is toxic. Some homeowners have reported that the drywall corrodes pipes and wiring, causing problems with appliances and key home systems.

Worse, some experts believe that the Chinese drywall releases dangerous chemicals into the air, which can cause serious illnesses and health problems. Homeowners who have been exposed to Chinese drywall chemicals may experience fatigue, shortness of breath and other breathing problems, dizziness, headaches, sleep problems, and eye irritations. It is believes that 100 000 homes across the country have Chinese drywall. Some media reports have suggested that 10-million square feet of the tainted Chinese drywall was brought into parts of Florida. Experts estimate there are 35 000 homes in Florida affected by the problem drywall.

While recalls of China-made products have been in the news for the past few years, there are several facts about the Chinese drywall problem that make it particularly worrying. There is no recall that can easily fix the drywall problem. Many homeowners affected by the problem cannot simply remove the drywall without tearing down substantial parts of their homes. Worse, ascertaining whether there is tainted drywall present is difficult without taking apart walls.

In early March, a lawsuit was filed against the Knauf Plasterboard Tianjin Co. Ltd. of China and against WCI, a builder. Other companies and contractors have been named in product liability suits stemming from the tainted drywall scandal. Unfortunately, manufacturers of the drywall have denied any problems with the product and have denied that any personal injury can result from the drywall. Some companies involved in the lawsuit —such as WCI – have simply filed for bankruptcy, which means that homeowners may have a difficult time getting a settlement or a resolution.

The tainted Chinese drywall was likely first imported into the US in 2005. That year, a housing boom meant that US-made supplies and drywall were not readily available. By late 2008, homeowners first began to learn that their drywall might be tainted. Research is still being done to definitively link tainted drywall to homeowner health problems. Toxicologist Patricia Williams of the University of New Orleans has been doing preliminary research and has found that there does appear to be a link between the drywall and some troubling symptoms, such as sinus irritation, bleeding noses and skin rashes.

Homeowners who are worried about Chinese drywall in their homes might want to look for some common signs of the problem drywall. The drywall has been reported to give off an odor similar to rotten eggs. Also, homeowners with the drywall have reported that air-conditioning evaporator coils corrode very quickly and must be replaced. Some homeowners also require wiring repairs and pipe repairs in homes that are not very old. Inexplicable wiring, air conditioning and pipe problems can be a sign of Chinese drywall problems.

The entrepreneurial spirit is alive and well in Florida. Despite the economy, many business people continue to manufacture and sell consume products and start their own businesses. Unfortunately, in tough times especially, reducing product liability risks is essential to avoid lawsuits related to personal injuries suffered by customers. Here’s how:

1) Keep excellent records of how you ensure product safety. Policy statements, quality control manuals, safety audits, manuals, and other documentation is essential. Write out everything you are doing to keep your business, products, and customers safe and distribute this information to employees and customers. This shows a commitment to safety.

2) Maintain control of any production processes. If your product does cause personal injury, you want to be able to quickly trace the product. Make sure that you know how parts of your product get to you, supply each product with serial numbers or dates and keep track of where you sell. If you contract out part of the manufacturing process, create air-tight agreements with contractors and sub-contractors. If you don’t manufacture but rather sell products, keep excellent records of where and when you receive each item.

3) Follow up on complaints. Customer complaints can become lawsuits if they are ignored. Develop a formal process of storing and investigating customer complaints. Keep records of each complaint and how it was resolved.

4) Run tests. Test your product more than the minimum required by law and keep records of all testing.

5) Know what to do when things go wrong. Have a formal recall procedure that everyone in your company understands. Keep written records of it and make sure that it complies with state laws. If you do need to recall a product, you want to ensure that your recall is swift and thorough, and a solid plan is the best way to ensure that.

6) Review your packaging, product labels, and manuals with a product safety specialist and a qualified attorney. These professionals can tell you whether your information is too vague, not comprehensive enough, or, worse yet, misleading in any way so that you can fix it before a consumer is injured.

A non-profit group, World Against Toys Causing Harm (WATCH), has released its annual list of toys that parents should be wary of. These toys are most likely to cause injuries to children and minors. The toys that made the 2008 worst list include:

1) Sportsman Shotgun. Groups allege that this toy looks too much like a real gun and should in fact not be retailed as a toy at all. Children can load rubber bullets into the gun’s magazine and shoot them out. Experts claim that this poses a risk for eye injuries and other injuries as well. Shots fired at close range can be painful and dangerous.

2) Go Go Minis Pullback Vehicle. This toy is essentially a mini truck. The back tires on the garbage truck, fire truck, and school bus models are removable, however, and the small tires, once removed, pose a choking hazard. There is a “choking hazard” warning message, but this warning appears on the box only, not on the trucks.

3) Inflatable Giga Ball. This toy is inflatable ball into which children are allowed to crawl. The package of the toy indicates that parental supervision is required and indicates that the toy should not be used in the water or on hills. However, the warning message on the toy itself has no warnings other than a “recommendation” for parental supervision. Experts claim that the toy poses impact and other serious injuries.

4) Animal Alley Purse Set. These animal plush toys are marketed for infants. The pony toy from this brand has a mane and tail that can easily be removed and can pose a choking risk or ingestion risk when it is removed. Neither the toy nor the packaging warns parents of this risk.

5) Spider-Man Adjustable Toy Skates. These toy skates are marketed for children between the ages of 3 and 6. The packaging of the toys recommends that children using the skates wear knee pads, helmets, wrist guards, as well as elbow pads while using the skates. However, the product only comes with knee and elbow pads. Experts suggest that the toy could cause serious injuries.

Continue reading "2008 “10 Worst Toys” Highlight Key Products Liability Issues" »

World Against Toys Causing Harm (WATCH), a non-profit corporation, held its annual conference last month to warn parents and gift-buyers of dangers in the toy industry. The group used the conference to call for more accountability in the toy industry and clearer labels to alert buyers to possible product dangers. WATCH also released its annual “10 Worst Toys” list and highlighted the 66 toy recalls this years, recalls with resulted in 7,890,000 units of toys being yanked from the shelves.

44% of toy-related fatalities are caused by choking, and the Consumer Product Safety Commission (CPSC) recalled at least 25 toys this year that pose this risk. In addition, 26 toy recalls this year were due to high levels of lead. According to WATCH, the multiple recalls and the poor labeling on many toys can be seen as an indication that some in the toy industry are putting profitability ahead of consumer safety.

WATCH points out that parents need to be aware of the fact that just because a toy has not been recalled, that does not necessarily guarantee that it is safe. Many unsafe toys remain on shelves, despite the efforts of the CPSC. These toys may pose strangulation risks, risks of puncture wounds, burn injury dangers, impact injury risks, and many other perils.

Each year, children are treated in emergency rooms or are killed due to unsafe toys. Legislation is being passed to help improve toy safety. In 2008, The Consumer Product Safety Improvement Act of 2008 was signed into law. The act gives the CPSC more power to regulate and stop those toy manufactures who distribute and create unsafe toys. However, much of the strictest legislation will not be passed until next year.

WATCH points out that the sheer scope of the toy industry may make it hard for the CPSC and other industry authorities to crack down on unsafe toys. The toy industry is a $30 billion a year industry, selling 3 billion toys in this country each year. Policing every manufacturer, importer, and retailer may simply require more resources than are currently in place. Additionally, as WATCH points out, some toys are sold through small dollar stores or through non-traditional means, such as eBay or used goods stores. Policing these retailers is much harder and the responsibility of these retailers is also sometimes more nebulous.

Therefore, WATCH recommends that parents do their own policing by checking each toy against official recalls. WATCH and other industry experts also suggest that parents carefully look over every toy their child receives to check for potential dangers.

After the multiple toy recalls of 2007, many parents believe that 2008 will be a safer year to buy toys. If the toys are bought at large toy retailers or from major toy manufacturers, parents are correct. Many large stores – including Walmart, Target, Toys"R"Us, and others – have begun testing the toys they sell independently, while large manufactures such as Mattel have instituted strict new rules to ensure that toys rolling out of the factories meet or exceed all safety guidelines.

Despite this good news, however, several sources – including the Consumers Union – report that product recalls are actually up this year. The Consumers Union claims that product recalls increased 19% in 2008, with two-thirds of the recalls affecting products for children. Nearly a quarter of the recalls involved lead.

According to the Consumers Union, the majority of products – 97% -- that were found to be unsafe were imported. 81% of the unsafe products were made in China. The Consumers Union reports that 3 million products recalled were sold at three dollar stores -- Dollar General, Dollar Tree Stores and Family Dollar.

The Consumers Union suggests that parents can keep their families safe by using caution when shopping at dollar stores. The organization also suggests that parents use extra precautions when buying used goods. According to the Consumers Union, parents should check all products they are considering purchasing and all existing products in their home
at www.recalls.gov to determine whether any of the products have been affected by recalls. Parents may be surprised to learn just how many products pose choking or burn injury risks.

The Consumers Union points out that most dangerous products are only found to be dangerous after they are purchased or are imported to stores. It is therefore the responsibility of parents to ensure that the toys they bring into their homes are safe. The Consumers Union is agitating to increase the responsibility of manufacturers, importers and retailers, but new legislation may take years.

A number of toy safety groups -- including World Against Toys Causing Harm (WATCH) are also good resources for parents. Most experts agree that a healthy dose of caution and some research are needed to prevent injuries against children and minors. Many parents are simply choosing to shop with major retailers to avoid perils and some parents are even asking gift-givers and family to bring unwrapped toys so that the toys can be checked before they are wrapped and placed under the tree.

Although the holidays are often a time of toy shopping and excited children hoping to get their favorite holiday items, it is also a time when parents worry. Toy recalls in recent years have meant that parents are more concerned about – and more aware of – lead paint, chemical burn injury risks, choking hazards, and other toy dangers. Experts claim that this year increased testing may mean that toys are somewhat safer. In 2007, the U.S. Consumer Product Safety Commission (CPSC) recalled 138 toys, a record. This year, toy recalls by mid-November were only at 74, representing a 46% decrease. As with last year, the majority of toy recalls this year involved lead levels.

In August of this year, new legislation was passed limiting the amount of lead on the surface of a toy to under 600 parts per million (ppm). By August 2009, the limit will be 90 ppm. In addition, internal lead in toys must not exceed 600 ppm by February 2009, and 300 ppm by summer 2009. This may mean that the 2009 holiday season will be even safer.

Major toy companies, worried by product liability problems stemming from last year’s recalls, have also increased their testing. Mattel has boosted its materials and factory inspections. Walmart, Target, Toys"R"Us, and other major toy retailers also testing all toy merchandise themselves for lead and small parts and as well as other hazards that may cause injuries to minors and children.

Despite the good news, the CPSC is warning parents not to let down their guard. Toys purchased second-hand or through independent online retailers (including eBay) may be recalled toys or older toys that do not meet current safety guidelines. Parents need to be extra cautious, since children sometimes receive toys from a variety of sources and it is not always possible to confirm where a gift-giver has purchased a toy. To be safe, parents are encouraged to screen all toys before children receive them. The CPSC Toy Hazard Recalls site lists all recalled toys and makes it relatively easy to find out which toys are considered unsafe.

The CPSC even urges caution for toys that are not on the recall lists. Even toys that have not been recalled can pose a danger, especially when age categories are not considered. A toy that is safe for a 6-year-old can prove dangerous for a 3-year-old. Check and follow manufacturer age recommendations. Once you have purchased a toy, get rid of the packaging and inspect the toy yourself, the CPSC recommends. Use a toilet paper roll to check to see whether parts pose a chocking hazard. Also, check for splinters, sharp edges, and loose bits. Any toys with these red flags should be brought back to the store.

HealthyToys.org also recommends that parents bring back plastic toys with a strong aroma. That smell is volatile chemicals, which are not necessarily safe. HealthyToys.org also recommends that parents pass on toys containing vinyl or PVC (polyvinyl chloride). A symbol with a recycling symbol and the number 3 inside it indicate the presence of these chemicals.

Although safety obviously comes first, experts also recommend that parents look for toys that engage their children and pique creativity and curiosity. Toys should not only be safe, but they should help children have fun and should help children develop and grow. Experts all agree that despite the many precautions, many manufacturers do make toys that are educational, fun, and safe. It simply may take a bit of research to uncover these products.

With the holidays approaching, holiday sales are at a peak. We are not only buying new products for loved ones and friends, but are receiving gifts ourselves. Some of us are even buying items as gifts for ourselves. All this hectic shopping can cause injuries if we are not careful. Each year, holiday gifts and holiday decorations cause personal injuries and lawsuits. While everyone has less time at this time of year, here are some simple precautions to take when giving and receiving gifts:

1) Do not assume that retailers and gift-givers are being cautious. Yes, retailers are required to remove recalled items from store shelves, but each year some recalled items continue to be sold, both online and in stores. Check with the Consumer Product Safety Commission about products you give and receive. Keep in mind, too, that some gift givers may have completed their gift shopping early this year and may not have checked to see whether any products they purchased have been recalled.

2) Exercise extra precaution when giving and getting toys. The 2008 holidays seem to be a safer season, with only about 74 toys recalled this year. However, new recalls will be emerging, so keep abreast of these notices in the media. Some toys that have been found to cause injuries to minors and children include the Rage Wireless Guitars for Nintendo’s Wii game system and Nerf Blasters.

3) Fill out warranty and registration cards right away for the gifts you receive. As you introduce plenty of new products into your home, it can be hard to keep track of all the recalls. Filling out the cards takes only minutes and allows manufacturers to contact you in the event of a recall.

4) Read the instructions. When you receive a new product or your child receives a new toy, read the user’s manual or instruction booklet. This documentation often has useful information about how the product should be used. Using products incorrectly can lead to personal injury.

5) Use extra caution with products bought used or bought through independent online sellers (such as eBay). When buying online or used products there is less assurance that recalled products are not part of the mix and it is the customer’s responsibility to ensure that products they buy are safe. Keep in mind that when you receive gifts you have no idea where a gift-giver purchased them, so do use caution.

A Florida woman, Rachel Jollimore, is suing Yamaha Motor Corporation in a case that will interest many ATV fans. At the heart of the suit is the safety of the Yamaha Rhino utility ATV. Jollimore alleges that her ATV rolled over and trapped her underneath while she was riding the vehicle. She claims that she was on relatively flat ground and was trying to make a simple turn when the accident happened.

Even though Jollimore alleges that she was traveling at a low speed, the vehicle flipped over and pinned Jollimore underneath it. As a result of the accident, Jollimore suffered a serious brain injury that requires a permanent stent in her brain that drains fluid to her stomach. There have already been a number of lawsuits filed about the Yamaha Rhino in Arizona and other states, leading Jollimore’s attorney to allege that the vehicle is unsafe and Yamaha realizes that there is a problem with its products.

The Yamaha Rhino is currently under investigation by the U.S. Consumer Product Safety Commission after a number of complaints of personal injuries and accidents. Last month, two young Mississippi girls were killed in a Yamaha Rhino after the vehicle rolled over. There are currently no statistics indicating just how many injuries and accidents may have been caused by the ATV. However, there are at least 200 product liability lawsuits related to the vehicle.

While some experts claim that all ATVs pose a danger for injuries and fatalities, some allege that the Yamaha Rhino is an especially dangerous example of the ATV. The Rhino was introduced in 2003 and the ATV was designed specifically to be narrow enough to fit into a pickup truck for transport. However, the height of the ATV, along with its narrow width, claim some experts, makes the ATV more likely than most to roll over and cause injury.

So far, Yamaha has not recalled the ATVs but models of the Rhino sold now include stickers that indicate that the ATV has the potential to roll over, even when it is on flat, open ground. One problem that attorneys may face when dealing with the Rhino lawsuits is that the vehicle is not subject to the same standards as most ATVs – even those standards themselves raise many questions.

Serious injuries caused by ATVs increased in 2007, for the eight year in a row. However, the Rhino is not even considered an ATV. Officials investigating the vehicle refer to it as a utility terrain vehicle (UTV) which means that even if Yamaha does not meet safety standards for an ATV that might not matter.

Most Florida residents have probably heard of the tainted milk scandal affecting China right now. A number of manufacturing companies, including Sanlu, a leading dairy producer in China, have been accused of illegally manufacturing milk that contains traces of an industrial chemical known as tripolycyanamide or melamine. Manufacturers allegedly watered down milk in order to make a greater profit and then added melamine to milk products in order to allow the milk to pass testing. Melamine added protein to the watered-down milk which allowed manufacturers to convince inspectors that the milk was adequately nutritious.

The scandal was initially uncovered when children using a baby formula began ill. Since then, the scandal has spread world-wide as it has become apparent that milk products around the world have been affected. So far, it is not known whether wrongful death suits will be filed outside of China over the scandal.

Melamine, when consumed, can cause kidney failure, kidney stones and other kidney illnesses, which can be especially dangerous to young children and the elderly. So far in China, it is estimated that 50,000 babies have fallen ill after drinking tainted milk. A worldwide figure for fatalities and illnesses is not yet known. Many countries so far have banned Chinese dairy products.

Although the US has not yet taken that step, the US Food and Drug Administration (FDA) has issued some recalls linked to the scandal. For example, all flavours of White Rabbit Creamy Candy, distributed by QFCO, Inc. of Burlingame, California have been recalled. It is believed that the candies – sold in California, Georgia, Hawaii, Illinois, Minnesota, New York, Oregon, Texas, and Washington – have been made with Chinese dairy products containing melamine. So far, there are no reports of any US consumers becoming ill from the products.

The FDA has also been advising consumers that some Mr. Brown instant coffee and milk tea products sold by King Car Food Industrial Co. Ltd, may be laced with melamine. The FDA advises that anyone who has purchased these products avoid consuming them. The agency also advises anyone who has consumed the products and has fallen ill to report their symptoms to a family doctor immediately.

In light of consumer worries over the melamine scare, the FDA has also made some suggestions to consumers to stay safe:

1) Continue to monitor the FDA website and the news media to learn of news recalls. Companies manufacturing any product with imported milk products – this includes Mars and Hershey products and infant formulas manufactured overseas that have met the requirements for distribution in the United States – are still considered safe, although testing of all possibly affected products remains ongoing.

2) Read labels carefully. The FDA warns the public that not all food products sold in Asian markets may be safe. For example, infant formula manufactured in China, and available for purchase at some Asian markets, may be tainted. Customers should exercise caution when purchasing any products that may not have been tested for distribution in the United States.

3) Do not buy Chinese-imported infant formula products or other milk-based products online. Products sold online are often not answerable to US laws surrounding recalls, so it is possible that tainted, recalled products will still be available for online purchase even if they are not safe. If a product has been recalled, do not buy that product, even if it is available for purchase online.

According to a recent report by the Consumer Product Safety Commission (CPSC), the number of infant deaths involving faulty nursery products has dramatically increased in recent years. According to the CPSC, 66 400 children under the age of five were seriously hurt in nurseries in 2006. In that same year, the number of infant injuries directly due to nursery products was 59 800.

In addition to these statistics, a number of high-profile cases have made parents aware of the sorts of injuries that faulty infant products can cause. In 2007, for example, over one million Simplicity bassinets and cribs were recalled. The infant beds were defective, and as a result at least four infants died as a result of them. According to an investigation conducted by the Chicago Tribune newspaper, both the company selling the beds and the CPSC had been aware that the cribs contained parts that when improperly installed could result in the suffocation and death of infants using the cribs.

According to the CPSC, infant products that are most likely to be associated with infant injuries and infant fatalities include car seats, high chairs, infant carriers, cribs, bassinets, strollers, and walkers. In many cases, the injuries to infants are caused by product failures or defective products. In nearly 42% of injuries, infants sustained head injuries or brain injuries as a result of falling while using infant products.

In addition to infant products, toys have also been found to cause deaths and serious injury. In 2007 alone, more than 25 million toys were recalled as defective products. In some cases, the instructions that came with the toys were unclear or incomplete, making it easy for parents to assemble or use the toys correctly. In some cases, the toys did not come with a warning about potential hazards or injuries.

Parents concerned about infant product safety might want to consider subscribing to newsletters and e-alerts about defective products. This helps parents immediately learn of potential dangers with products. Parents should also fill out the registration cards included with car seats, high chairs, infant carriers, cribs, bassinets, strollers, and walkers. Manufacturers will notify parents about any recalls.

Another option is for parents to use Google alerts, an online free service. Parents can have the search engine Google send an email alert any time a particular brand name or product is mentioned in the news. Simply setting up alerts for every infant product purchased will ensure that parents are alerted quickly after a recall. Google alerts is especially effective because investigative reporters will sometimes announce a possible problem or complaints about an infant product before a company recalls the item.

Toys help a child develop and of course are fun. That’s why parents each year spend billions of dollars on the toy industry, which produces hundreds of new toys each month. However, each year toys cause injuries, from broken limbs to cuts to burn injuries. Choking is a key toy-related injury for children ages 3 or younger. In recent months, parents have been worried following massive recalls of Chinese-made toys.

Manufacturers try to help parents by labelling toys for specific age groups and by providing guidelines for play. The U.S. Consumer Product Safety Commission (CPSC) also helps parents by monitoring and regulating the toys that are sold in this country. In fact, toys sold in the US after1995 are required to comply with strict CPSC standards. Despite all these precautions, however, toy-related injuries can still happen. In some cases, dangers are not realized until after children are already injured. The CPSC and other experts agree that parents can help protect their children by:

1) Shopping smart. If you are buying your child a fabric toy, look for a label that identifies the toy as flame resistant or flame retardant. This can help prevent burn injuries. Make sure that any stuffed toys you buy are washable. Toys that are washed regularly have less bacteria and germs. If you are purchasing a painted toy, read the label to ensure that the item is painted with lead-free paint. Any art materials you purchase should be clearly labelled as non-toxic. In fact, any paints or crayons you buy should have been tested by the American Society for Testing and Materials and should be labelled with “ASTM D-4236” on the package.

2) Buy new toys only. Heirloom toys can contain lead paint and older toys may not meet today’s safety standards. Even newer used toys may be so worn from play that they can break. If there are some toys that have sentimental value, keep them as collectibles for later enjoyment – just do not let your child play with them.

3) Test the loudness of squeak toys, rattles, musical toys, and child electronics. Some of these toys are loud enough to cause hearing damage – especially if a child holds the toy up to their ear during play.

4) Buy age-appropriate toys. Toys intended for older children may be dangerous to a younger child. Age labels are not guidelines for intelligence or maturity – they measure safety. The toy for a 4-year-old will not help your 3-year-old develop more quickly – and may be dangerous.

Continue reading "Florida Parents can Help Avoid Product Liability Problems by Choosing Safe Toys" »

Each year, many Florida residents are harmed by products that have been incorrectly designed, manufactured, or sold. Unfortunately, even when the case against a manufacturer or retailer is clear, injured plaintiffs – who may face burn injuries, head injuries, and a myriad of other serious personal injuries – may have a hard time proving their case. For a product liability case to succeed, it is important that a case involve:

1) A prompt investigation. It is important that any case involving a defective product be reported at once and investigated quickly, so that evidence as well as the defective can be preserved. Witnesses may not recall key details months after an incident, so it is important to speak to any witnesses soon after an injury. If the defective product is in the hands of someone else, a temporary restraining order and a preliminary injunction should be filed to ensure that the product is not altered or destroyed.

2) Thorough research. The complete history of a defective product should be investigated – including when it was purchased, where it was purchased, and who used or saw the product. Any written materials and instruction booklets that came with the product should be carefully looked over. It is important to research whether any changes or alterations were made to the product after it left the manufacturer and distributor. Research can also involve buying more of the same product to test it and use as evidence.

3) Contact federal agencies. A number of government agencies can assist in a product liability case. These include the U.S. Consumer Products Safety commission, the Injury Information Clearing House, The National Technical Information Service of the U. S. Department of Commerce, The Occupational Safety and Health Administration (OSHA), the Environmental Protection Agency, the Office of Technical Information and Publications of the National Bureau of Standards, The Food and Drug Administration, the Bureau of Radiological Health, The National Highway Traffic Safety Administration, The Federal Highway Administration, The Transportation Research Board, The United States Coast Guard, the Federal Aviation Administration, the National Transportation Safety Board, and the Federal Fire Council. These agencies run their own tests on products, alert customers about unsafe products, set standards for safety, and publish information that can be useful in a products liability case.

4) Contact insurance organizations. A number of insurance organizations publish studies and information about safety. Organizations such as The Factory Mutual Engineering corporation, The American Insurance Association, The Applied Science and Technology Index, Engineering Index, the Science Citation Index, The National Safety Council, National Fire Protection Association, The Center for Auto Safety, the Transportation Safety Department of Calspan, the Highway Safety Research Institute, The Society of Automotive Engineers, American National Standards Institute, American Chemical Society, American Society of Mechanical Engineers, American Water Works Association, and the Manufacturing Chemist's Association are all good areas of research.

5) Contact experts who can testify about expected standards and safety measures. Running a literature search or contacting the local university will often yield the names of at least a few qualified experts.

Continue reading "Making the Most of Florida Product Liability Cases" »

Even the most careful parents cannot prevent every childhood injury. In many cases, injuries to minors and children occur even when a parent has done everything possible to be cautious. If your child’s injury is a burn injury, this is what you must do:

1) If your child has sustained a thermal injury by touching a source of high heat, such as a flame, hot liquid, steam, or hot appliance:
*Take your child away from the source of heat and either turn the appliance off or put out the flame.
*If the injury is severe, call 911 and follow the direction provided by the dispatcher until help arrives.
*If possible, remove burned or hot clothing.
*Place the affected area under running water within 30 seconds of the injury.
*Halt any bleeding, using a clean cloth or sterile gauze pad.
*Keep the child’s body temperature constant.

2) If your child has sustained a chemical burn by touching a powerful acid or base such as pool chlorine, bleach, concrete mix, or some other substance:

*If the injury is severe, call 911 and follow the direction provided by the dispatcher until help arrives.
*Read the label on the chemical to learn of any special instruction in case of skin contact. Follow any directions given.
*Rinse the injured are with cool, running water. Do this for 20 minutes or more. If the burning agent is a powder, dust it off thoroughly before rinsing.
*Even if you haven’t called 911, talk to your local emergency room, doctor, walk-in clinic or poison control center. With a chemical burn, you have no way of knowing whether the chemical has penetrated. A bad reaction can occur later on if the injury is left untreated.

3) If your child has sustained an electrical burn by coming into contact with powerful electric currents, burn injuries may not be noticeable. However, you must:

*Call 911 and follow the direction provided by the dispatcher until help arrives.
*Evaluate to see whether the child is still in contact with the electrical source. If he or she is, do not touch the child.
*Shut off the electrical current or pull the plug on the appliance, if safe to do so.
*Give CPR if the child is not breathing.
*If there are any obvious burns, cover clean cloth or gauze. Avoid using any fluffy material, as it can make the burn worse.
*Avoid moving the child unless instructed by a medical professional. The tissues in the body may be damaged by the electricity.

If your child has suffered a burn injury due to someone’s recklessness or due to a possible product liability case, you need to contact a qualified Florida attorney to prevent others from being injured in the same way. You will also want to get the best possible help for your child, and a good Florida lawyer can ensure that you get this help. If you need an experienced Florida attorney, arrange for a free, no-obligation consultation by calling 1- 800-535-2962 (1 800 5 FLAXMAN).

According to the Shriners of North America, fire is responsible for 600 deaths of children 14 and under each year. Another 3,400 children experience burn injuries as a result of fire. Almost half of children who sustain fire-related injuries are younger than 5 years of age. According to the Shriners of North America, parents can safeguard their children by:

* Installing smoke detectors on every level of a home. It is especially important to place smoke detectors on the ceiling just outside bedroom doors. Always follow manufacturer’s directions when positioning and installing smoke detectors. One a month, test the detectors and replace batteries once a year.

*Develop a fire plan. Instruct your family on how to escape from each room. Have at least two ways to escape from each room. If you children’s rooms are on a second or third floor, provide chain ladders which can be used in event of an emergency. Practice the fire plan at least twice a year.

*Have a first aid kit in your home and replace items as they expire or are used up. Place emergency numbers and information in the kit or near your phone for easy access.

*Develop a safe home. Keep lighters, matches, and appliances out of reach of children. Never leave appliances such as fryers or burning items such as candles unattended, even for short periods of time. Store propane and gasoline outdoors, in a well-ventilated area. Unplug electrical appliances when not in use and check periodically to see whether the appliances you use have been recalled due to product liability claims or fire hazards. Set your water heater to 120-125 degrees Fahrenheit.

*Supervise children constantly. Many serious personal injuries to minors and children occur because a child was left unsupervised for just a short while.

*When bathing your children, make sure that you add cold water and then gradually hot water. Do not allow your children to play with the faucets.

Media sources are reporting that Ole Mexican Foods' Verole Queso Fresco Authentic Mexican Crumbling Cheese and Ole Fresco Authentic Mexican Crumbling Cheese may be affected by E. coli bacteria. The cheese was distributed in Florida and state inspectors are working with grocery chains to remove the products. In the meantime, customers should check their refrigerators and return the cheeses to the stores where the products were bought. So far, no illnesses have been reported.

A lawsuit has been filed in Florida and Massachusetts, accusing some soft drink companies of not doing enough to prevent the formation of benzene in soft drinks. Drinks that contain Drinks that contain vitamin C (ascorbic acid) and either sodium benzoate or potassium benzoate may produce a reaction when exposed to heat or light. This reaction can cause benzene to form. Benzene has been linked to leukemia.

Florida Sen. Steve Geller is taking on Internet wine retailers. The senator hopes to limit out-of-state wines imported into Florida. The move is an attempt to prevent underage drinkers from buying inexpensive online wines and having them delivered to their homes.

In Florida, a Judge has allowed a class action lawsuit against Fidelity Federal Bank & Trust. The lawsuit stems from allegations that Fidelity violated the Driver's Privacy Protection Act by obtaining the driver registration information of a Florida driver from the State of Florida. The information was gathered for Fidelity Federal's marketing efforts.

The CDC is warning customers about AMO Complete MoisturePlus Multi-Purpose lens solution. A number of complaints and subsequent investigation has revealed that the solution can cause a potentially blinding but rare eye infection The manufacturer, Advanced Medical Optics in Santa Ana, California has voluntarily pulled the product. Cases of the rare infection Acanthamoeba keratitis – have been reported by some users of the lens solution. The infection cases a hazardous inflammation of the cornea that can cause blindness if untreated. It is expected that lawsuits will be filed in this case so that victims can recover damages for the personal injury this product has caused.

Each of these cases has the potential to become a products liability case. Manufacturers, retailers and producers of products have an obligation to ensure that the products they sell are safe for the public. When negligence causes personal injury to customers, customers can seek legal help from a qualified Florida attorney. A good Florida lawyer can help the customer get the compensation they deserve so that proper medical treatment and help can be rendered.

A wiring problem that could lead to fires and burn injuries is prompting appliance giant General Electric Co. to recall 2.5 million dishwashers. The recall affects dishwashers sold under the GE Monogram, Hotpoint, Eterna, GE, GE Profile, and Sears-Kenmore brand names.

According to the U.S. Consumer Product Safety Commission, customers should examine their dishwashers. Any customers who find that their dishwashers are affected by the recall should stop using their devices at once. Customers should contact GE for a rebate towards a new appliance or for free repairs.

According to the government, the dishwashers affected by the recall have wiring that can overheat when liquid rinse solution escapes the dispensers. So far, almost 200 complaints have been made to GE about the problem. 12 fires have been reportedly been caused by the defective products.

GE has received nearly 200 complaints of overheating, including 12 fires caused by the washers. The machines’ wiring is susceptible to shorting out or overheating, the government said, if liquid rinse solution leak outs of dispensers.

Customers can contact GE at 1-877-607-6395. More information is also available about the dishwasher recall on the GE web site at www.geappliances.com. So far, it is not immediately clear whether any personal injuries have been caused by the malfunctioning dishwashers.

Researchers in Halifax, Nova Scotia have uncovered a common hazard that can cause serious injury to toddlers and small children. The culprit? The family television. Dr. Stephanie Dotchin and and Dr. Kevin Gordon of the IWK Health Centre in Halifax launched a study after treating the injuries of a small child in their care. The child had been playing in his home when a television toppled on top of him. The two doctors launched an investigation and their research revealed that many models of television may easily topple.

The doctors’ research suggests that designs of televisions can cause the units to easily topple, causing brain injury and spinal cord injuries to children. In fact, the injured child who inspired the research months of hospitalization and extensive neurosurgery. He suffered brain damage and still has difficulty walking and talking as a result.

Dotchin and Gordon found that between 1990 and 2002, more than 104 reported childhood injuries were reported in their region alone and this has made the doctors concerned that children across the continent are being injured by televisions. Worse, many of the injuries caused by these accidents seem to be to the head and neck. According to the research, boys between the ages of two and four are most likely to be affected.

Gordon and Dotchin found that front-heavy cathode ray tube televisions easily topple, especially when children push or pull on the sets. The two doctors want to warn parents that the home television set may pose a serious risk. They suggest that further research and increased parental supervision are necessary. The doctors’ own research found that up to 90% of the television sets studied were found to be tippable by toddlers under the age of four.

Currently, there are no reports of class action products liability lawsuits against television manufacturers or retailers. There have currently also not been any studies about television sets in Florida. However, the Halifax study has sparked some considerable debate and it is possible that parents and caregivers may become more aware of the dangers of television sets.

Gordon and Dotchin suggest that parents anchor their television sets to a wall or to a console to make them difficult to move. The researchers are also calling for standards to be set for televisions to make them safer. Gordon and Dotchin note that most television sets come with an anchor at the back of the unit but require customers to buy the console to secure the television properly. This additional expense is one that many customers choose not to make.

Continue reading "Canadian Research to Impact Florida Products Liability Cases?" »

Florida attorneys – and, in fact, lawyers from across the country – expect that the recent massive recall of pet food produced by Canadian-owned Menu Foods will generate many lawsuits. Florida attorneys specializing in product liability cases expect that any state residents who have had a pet injured as a result of pet food will join in a class action lawsuit against the company.

Menu Foods started receiving complaints on February 20 that dogs and cats consuming their products seemed to be experiencing kidney failure. When the company ran tests on the foods they produced and found that 1 in 6 animals died during the tests after eating the pet food. After the tests, and three weeks after the complaints, Menu Foods launched a massive recall. More than 90 popular brands of pet food were recalled by the pet food giant. Many of the `cuts and gravy' style dog and cat food sold in North America were affected by the recall.

After the recall, it quickly became apparent that the pet deaths appeared to stem from some sort of contamination of the pet food. At first, federal investigators trying to pinpoint the exact cause of the contamination focused on protein filler wheat gluten. Eventually, however, it was determined that trace amounts of aminopterin, a rat poison banned in the US, was the contaminant. How the banned substance got into the pet food is currently under investigation. However, the fact that the substance is banned in the US and does not belong in any way in pet food products may further fuel lawsuits by pet owners.

Another controversy swirling around Menu Foods has to do with exactly how many pets have been affected by the tainted pet food. The company has officially only confirmed 16 deaths related to the pet food so far, although company representatives acknowledge that more pets may die in upcoming weeks as a result of the food. However, US-based website Veterinary Information Network has reported at least 471 cases of kidney failure among pets in the past 10 days alone. The website founder claims that the number of pets that could be affected in the coming weeks could number in the tens of thousands.

Kidney failure in dogs and cats gives the animals only slim chances of survival and treatment for the pets is costly. Florida attorneys expect that pet owners will be able to sue Menu Foods not only for vet bills and what the pet owners paid for the animal, but also potentially for sentimental values. Some pet owners are claiming that Menu Foods’ slow response to a possible danger as well as the actual cause of contamination show a recklessness or willful disregard, but it will ultimately be up to a court to determine how much Menu Foods is liable for the problem.

As we reported earlier this week, a nationwide food recall of Peter Pan and Great Value brand peanut butter was expected to lead to legal action, after it was revealed that almost 300 people had been affected by salmonella bacteria found in the product. It now appears that legal action is being taken. Lazaro Aleman, of Cutler Bay, Fla. And at least three other customers who have bought the affected peanut butter have filed suit.

The affected peanut butter is made by made by Nebraska-based ConAgra Foods in Sylvester, Georgia. Only Peter Pan and Great Value brand peanut butter with product code 2111 on the lid is affected by the salmonella. Last week, ConAgra recalled the affected products voluntarily.

Aleman’s Florida attorney is seeking class action status for his client’s lawsuit, which would protect customers who bought the peanut butter, whether they became ill from the product or not. So far, more than 100 people from around the state have expressed interest in joining this Florida products liability lawsuit.

Salmonella is a bacterial infection that can be serious, especially for those who are elderly, ill, or young. The foodborne illness causes fever, diarrhea and abdominal cramps, among other symptoms. Aleman has stated that both he and his young son suffered seriously after eating the tainted peanut butter and falling ill.

A class action lawsuit would allow anyone who purchased the affected Peter Pan and Great Value peanut butter to make a claim against the peanut butter manufacturer and even against the retailers selling the product in question.

Officials from The Florida Department of Health recently sent out a warning to Florida residents about a possible salmonella threat. Peanut butter sold in the state may have potentially been tainted with salmonella. According to The Florida Department of Health, Peter Pan and Great Value peanut butter may be dangerous to eat. At this time, only the brands Peter Pan and Great Value, with a product code starting with 2111 are believed to be affected.

Officials are asking anyone who has purchased peanut butter recently to check their cupboards and pantries. Any Peter Pan and Great Value brand of peanut butter should be examined for its product code. According to officials, the product code is usually printed on the lid of the peanut butter container.

Anyone who finds that their Peter Pan or Great Value peanut butter has a product code that begins with the numbers 2111 should not eat the peanut butter. At least one resident of Alachua County, in Florida, has fallen ill after eating the peanut butter. ConAgra Foods, based in Sylvester, Georgia has already issued a voluntary recall of the product and grocery stores across the country are removing the peanut butter from their shelves. Nevertheless, officials worry that some customers have already bought the affected product.

Salmonella can cause potentially serious illness. Anyone who experiences symptoms such as stomach cramps, nausea, vomiting, diarrhea, or fever after consuming a product may be suffering from a foodborne illness. While in some cases, the illness will pass on its own, it is advisable to seek medical attention. If you have been injured by a food product, you may also want to seek the help of a qualified attorney as well. A good attorney can help ensure that you get the best care possible and that you understand all your legal rights.

In this particular case, it seems that up to 288 cases of foodborne illness across 39 states may be linked to Peter Pan peanut butter, according to research conducted by state health agencies and the Center for Disease Control and Prevention (CDC). Some of the alleged cases may have occurred as early as August 2006. The fact that the potential hazard has taken this long to come to light may mean that some legal action may be taken. In most legal action taken in food poisoning cases, a "product liability" legal theory is used to prove personal injury.

The Food and Drug Administration and the U.S. Consumer Product Safety Commission both alert customers to products suspected of causing personal injuries and illness in customers. You can contact these agencies to get information about current products that may cause injury or harm.

Products – ranging from car seats, to food products, to toys – harm people every day. Defective or poorly designed products can lead to personal injury, disability, or even death. In many cases, questions about products that have hurt someone end up before the courts. When these cases land before Florida’s courts, the courts ask a few basic questions before making decisions:

*How badly did the product injure someone?
*How did the injury occur?
*Was there something wrong with the product? If so, what exactly was wrong?

The answers to these questions can be very complicated, and courts use the ideas of products liability and negligence to come to a conclusion about the case. Products liability or strict products liability, as it is sometimes known, is focused mainly on the product itself. It may take into consideration design, for example. Negligence stresses the conduct of the seller, manufacturer, and distributor to determine whether there was something these parties could have done to prevent an injury.

When it comes to products liability, defective products generally fall into one of three categories:

1) Manufacturing defects. These defects occur when a manufacturer does not follow design directions exactly and creates a less than ideal product. If a food producer, for example, does not adequately heat a recipe and creates foods that cause poisoning in customers, this can be said to be a manufacturing defect.

2) Design defects. In cases where a product is manufactured well but still ends up hurting someone, the problem may be a design defect. This sort of problem is intentional, since the product is designed in a certain way. However, the designer may not take into account or may not adequately test the safety of a product before ordering its manufacture. For example, if a bicycle is designed with very thin tires for aesthetic purposes, it may tip over easily and cause accidents. This would be an example of a design defect.

3) Marketing defects. These defects are problems with the way a product is sold. For example, if a product has faulty instructions, directions, or warning labels, that may lead to an injury and in these cases the product may be said to have marketing defects.

Determining which type of defect applies in a specific situation is not always simple, and in some cases, more than one defect is present. If you have been injured by a product, then, it is important to contact a qualified attorney who can help you develop the best court strategy possible.