Florida Injury Lawyer Blog

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.