Articles Posted in Product Liability

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

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

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

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.

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

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

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

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outh Florida Legal Guide
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