Product Liability

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.

Recall on Popular Topical Cream the Result of Manufacturing Defects

Published on: September 17, 2021 | by Gerson & Schwartz, P.A.

If you use a popular over-the-counter ointment as a topical pain reliever, some news about the manufacturer’s voluntary product recall should be cause for concern. An August 31, 2021, article in the Miami Herald contains some important information about the move by Teligent Pharma, which found during its own testing that a batch of Lidocaine HCl Topical Solution contained excessively high levels of its main ingredient. The dosage would be considered “super potent” and too strong for the patient, potentially leading to life-threatening consequences.

The news article includes information on the pharmaceutical company’s instructions related to the recall, but it is also important as a way of understanding how manufacturing defects work. A Miami products liability attorney can explain the details, and an overview is informative.

Details of the Lidocaine Recall

Cancer-Causing Benzene Discovered in Popular Sunscreen Brands

Published on: July 16, 2021 | by Gerson & Schwartz, P.A.

For years, medical professionals have been urging Americans to wear plenty of sunscreen, and the need for sun protections is absolutely critical in South Florida. However, recent findings by a pharmaceutical industry research group have revealed that those who slather on SPF could be at risk of developing cancer. Valisure, a company dedicated to protecting consumers through transparency and accountability, announced that many of the familiar sunscreen brands you rely on for sun protection contain benzene. This substance is recognized by many leading authorities as being carcinogenic and the cause of many other health problems.

Unfortunately, despite Valisure’s discovery of benzene and warnings to the Food and Drug Administration (FDA), no official action has been taken regarding dangerous sunscreen and after-sun products. You may still have rights under Florida law, and a Miami dangerous products attorney can explain in more detail. Some background on the dangers and legal concepts may also be useful.

Additional Details on Benzene in Sunscreen

Peloton Finally Issues Recall After U.S. Government Pressure

Published on: June 18, 2021 | by Gerson & Schwartz, P.A.

Most manufacturers would take immediate action after their defective products attract the attention of the federal government, especially after several fatal and injury-causing accidents. However, the makers of Peloton treadmills took the unusual step of defying officials until recently. The US Consumer Product Safety Commission (CPSC) issued its first urgent warning regarding the company’s Tread and Tread+ models on April 17, 2021; Peloton initially refused to voluntarily recall the defective products, and only did so a month later after intense negative publicity.

The recall is crucial for preventing additional accidents, but the harm is already done for those who suffered injuries from defective Peloton treadmills. Victims may have a claim against any company that manufacturers dangerous products, and a Miami products liability attorney can explain in more detail. However, some additional information about the recent CPSC action may be helpful.

Details of the Peloton Recall