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

Biggest Design Defect Products Liability Cases in US History

Published on: November 4, 2022 | by Gerson & Schwartz, P.A.

There are literally millions of consumer goods available for purchase in stores, online, and through internet marketplaces, and the vast majority of them are safe for their intended use. However, the National Safety Council (NSC) reports that approximately 11.7 million people seek care at hospital emergency rooms every year for injuries resulting from dangerous consumer products. Some of the items you rely on and use frequently could be hazardous because of a flaw, including appliances, electronics, vehicles, children’s toys and clothing, furniture, and many others.

Some of these product defects are the result of a faulty design, meaning that there is an error in developing or creating the item. The blueprint itself is defective, so anything produced from these specifications is also flawed. There are numerous high-profile lawsuits based upon defective design, a type of product liability case. If you or a loved one was injured, a Miami design defects attorney can advise you on the process for seeking compensation. A look at some of the biggest lawsuits involving design defects is also helpful.

Takata Airbag Case

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

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