Product Liability

Is a Voluntary Product Recall a Defense to a Products Liability Claim in Miami?

Published on: July 31, 2026 | by Gerson & Schwartz, P.A.

A voluntary recall on contaminated greens has made recent headlines after being linked to cases in at least 41 US states, but so many more defective products do not make the news. Fortunately, the US Consumer Product Safety Commission (CPSC) publishes a list of recalls, whether announced by the company or ordered by the government. These actions are in addition to taking the defective products off shelves, but many dangerous items still wind up in Florida households.

When you think about a voluntary recall, you might assume that this is an admission of liability. However, there are other legal requirements when pursuing a claim, and a Miami products liability lawyer can help you meet them. Some answers to FAQs are helpful as well.

Does a Product Recall Protect Manufacturers From Lawsuits?

Who is Liable for Defective Product Injuries in Florida?

Published on: August 29, 2025 | by Gerson & Schwartz, P.A.

Considering the different organizations involved with putting a consumer product on shelves, it can be confusing to know who is liable for defective product injuries in Florida. In short, manufacturers, distributors, and retailers can be held liable for defective product injuries in Florida.

If a product has a design flaw, manufacturing defect, or lacks proper warnings, injured consumers may have the right to pursue compensation. You gain an advantage going up against large corporations when you have a Miami product liability lawyer to assist, but some background is useful.

Product Liability Laws in Florida

Fisher Price Recalls Children’s Swings After Five Infant Fatalities

Published on: March 14, 2025 | by Gerson & Schwartz, P.A.

Consumers trust that the products they buy will be safe for them and their families. However, that is not always the case. In particular, parents of young children in Miami should be aware of an important announcement by the US Consumer Product Safety Commission (CPSC). Fisher-Price is recalling more than 2 million Snuga Infant Swings due to a suffocation hazard. Five deaths have been reported. Consumers are advised to remove the headrest and body support insert from the seat pad before continuing to use the swing.

Fisher-Price will provide a $25 refund to consumers who remove and destroy the headrest and body support insert. However, entire families suffer significant losses when a child is injured due to defective products. It’s wise to reach out to a Miami product liability lawyer to learn more about your remedies, but a summary is helpful.

Overview of Products Liability

Should I Become a Class Member in a Defective Products Lawsuit in Florida?

Published on: November 8, 2024 | by Gerson & Schwartz, P.A.

You might be surprised to learn that many of the products you bring into your home and use with your family are dangerous, but the statistics prove the risks. The National Safety Council (NSC) reports that around 12.7 million people are treated in hospital ERs annually for injuries resulting from defective consumer products. Your household probably features a few of the top items that cause injuries, including:

· Stairs, floors, ramps, and landings

· Beds, pillows, and mattresses

Peloton Sued for Man’s Death While Using Popular Bicycle

Published on: September 8, 2023 | by Gerson & Schwartz, P.A.

Many people do not realize how dangerous exercise equipment can be, but another incident involving a Peloton device has resulted in legal action for wrongful death. CBS News Miami reported that a mother filed a lawsuit for her son, whom she claims was killed by a defective, dangerous Peloton exercise bicycle. The complaint alleges that the victim was following along with an online “core” workout, which required him to get off the bike for floor exercises. As he was dismounting the bicycle, it spun around and struck his neck and face. He died because the machine severed his carotid artery, killing him instantly.

The basis of the lawsuit is product liability, in which a manufacturer can be held accountable for putting dangerously defective items into the homes of consumers. There is a specific type of claim in this case, and it is possible that Peloton could defend the allegations. A Miami products liability attorney can assist with your case if you were injured, but a look at the recent lawsuit is informative.

Product Liability for Failure to Warn

Expired Warranties Under Florida Product Liability Laws

Published on: April 28, 2023 | by Gerson & Schwartz, P.A.

American households buy countless consumer items every year, from clothing, furniture, and toys to electronics, vehicles, and appliances. Many of these products include warranties in their printed materials and specifications, which are essentially assurances about the item’s intended functions and how they work. Consumers take these promises seriously and consider them when making purchasing decisions, so warranties are regulated under federal law. The Magnuson-Moss Warranty Act is an important consumer protection law that sets requirements when a manufacturer decides to include a warranty, though companies do not have to offer them.

When a product carries a warranty, the statute mandates that the language must be easy to understand and unlikely to mislead consumers. It is common for manufacturers to apply an expiration date on warranties, which raises important questions if a victim suffers injuries because of a defective product. A Miami product liability attorney will explain how the laws apply to your circumstances, and some background is informative.

Legal Effect of Product Warranties

Top Causes of Miami Accidents and Your Remedies as an Injured Victim

Published on: July 1, 2022 | by Gerson & Schwartz, P.A.

Accidents are a leading cause of death and disability in the US, but you might not appreciate the risks of being injured as you go about your day in Miami. Data from the US Centers for Disease Control and Prevention (CDC) is disturbing: Unintentional injuries kill almost 201,000 fatalities yearly, placing them in the #4 spot after heart disease, cancer, and COVID. Plus, accidents send almost 98 million people to the ER, while another 25 million people visit their primary care physician for treatment of unintentional injuries.

Personal injury accidents are preventable and usually only occur because of negligent acts, so it is reassuring to know that Florida law protects your interests. However, there are multiple remedies available depending on the circumstances, and you must meet the relevant legal requirements to qualify for compensation. It is wise to get help from a Miami personal injury and accident lawyer if you were hurt because of:

Motor Vehicle Collisions

Defective Product Recalls to Watch for in Summer

Published on: June 17, 2022 | by Gerson & Schwartz, P.A.

Even though South Florida enjoys gorgeous, sunny weather year-round, both adults and children tend to enjoy summer-related activities more often between Memorial Day and Labor Day. The mood during this time of year inspires outdoor adventures and fun in the sun for people of all ages. You might not expect that the equipment, toys, and other consumer products you use for your escapades could be dangerous, but the US Consumer Product Safety Commission (CPSC) reports numerous recalls. Serious injuries could result when a defective product fails and causes an accident.

You do have legal remedies under Florida product liability laws, so it is possible to recover compensation for your losses. A Miami product liability attorney can assist with your options, since you could be pursuing a multinational corporation with a large legal department dedicated to fighting your claim. In addition, it is useful to know the kinds of defective products you may encounter during summer months.

Defective Products That Can Ruin Summer Fun

South Florida Swimming Pool Accident Claims Three Lives

Published on: March 11, 2022 | by Gerson & Schwartz, P.A.

Law enforcement officers continue to investigate a swimming pool accident that led to the deaths of a young father and his two children, looking for answers as to how such a tragedy could occur. According to a February 24, 2022 article posted by South Florida’s Local 10 News, the gruesome scene was discovered by the man’s wife and children’s mother. Upon her return from work in the late afternoon, she found all three victims floating in the family’s backyard pool. Though she called 911 right away, it was too late for the three individuals who drowned.

A police spokesperson mentioned that foul play was not suspected, and that the incident appeared to be a tragic accident. However, accidents happen for a reason. When there is no evidence of direct misconduct, it may come to light that defective pool equipment is to blame. If so, the manufacturer is a potential party that a Miami swimming pool accidents attorney would pursue for compensation. An overview may help you understand how liability works in such cases.

Defective Pool Equipment in Swimming Pool Accidents

Latest News on the Monsanto Roundup Litigation

Published on: January 28, 2022 | by Gerson & Schwartz, P.A.

There is a lot to absorb as you scan the national, Florida, and Miami news headlines, so the latest developments in the Roundup litigation might have escaped your notice. Some updates from Bayer/Monsanto will get you up to speed:

Of approximately 125,000 lawsuits filed, the company has settled around 96,000 claims.
Bayer/Monsanto has paid out $11 billion in settlements, and many victims already received their checks during 2021.