Articles Posted in Products Liability

Unfortunately, thousands of people are injured by defective products and carelessly designed products every year. These products cause minor injuries and serious injuries that include fatalities, fractures, burn injuries in Homestead, and other serious injuries. Every type of product can be affected by poor design, and although there are government agencies tasked with trying to weed out unsafe products, the sheer number of items on store shelves makes it very challenging to get rid of products and test everything very thoroughly. In addition, more products are being made overseas, and outsourcing can also make it harder to check for safety consistently.

Despite all of that, there are things you can do:

1) Vote with your dollar. Buy products from companies that have a good safety record. Read more about the companies whose products you buy and give feedback to companies to let them know that safety matters to you and your family.

2) Read instructions and consumer information carefully. Using a product correctly and being aware of risks is very important when it comes to staying safe. Whether you are assembling furniture or using new sports equipment, check to see what the safety precautions are. If something is unclear or you don’t understand the instructions, contact the customer service number of the manufacturer.

3) Go beyond the instructions. Just because a product is on the shelf, that does not mean it is safe. Use your own judgment. If a product seems flimsy, poorly made, or unsafe, return it to the store, get a refund, and write to the manufacturer to let them know about the problem.

4) Use more caution with higher-risk products. Some products just have the potential to do more harm. If your car has a defect, for example, it could lead to a car or truck collision in Homestead or your community. If your sports equipment is poorly designed, it could lead to a sports injury at your Homestead game. When it comes to child products, safety items, and vehicles, use extra caution and always check for safety standards and safety features before buying.

5) Check recalls.gov for recalls. The government site even allows you to sign up for email alerts, so that you can get information about recalls when they are announced.

Even if you take all precautions, of course, there is still the possibility that you will be injured by a defective product. If this happens, get medical attention and contact a personal injury attorney in Homestead or your community right away. If a manufacturer’s negligence caused your injuries, there is no reason why you should have to pay for your medical bills, lost income, and other expenses yourself.

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Each year, many Florida residents are injured or even killed by defective products. Products may be defective due to their design, manufacturing process, or labeling. In any event, when a serious injury occurs, the results can be devastating. If you have been injured by what you believe is a defective product, make sure that you:

1) Stop using the product at once and get medical attention immediately. Even if you are not sure how extensive your injuries are, it is important to get medical attention. Head injury patients in Miami and South Florida, for example, may not exhibit any symptoms at first but may still have suffered a life-threatening injury. Burn injuries often require immediate treatment; delaying treatment can affect the healing process. Consulting the help of a medical professional is important in ensuring that you get the best treatment as quickly as possible.

2) Try to preserve the evidence if you can. Once you’ve taken care of immediate medical needs, make sure that you start documenting the evidence and preserving evidence, in case you want to pursue a legal claim. Stop using the product but save it if it is possible. Also save any property that has been damaged by the defective product or any photos, receipts, or manuals you have from the product itself.

3) Document symptoms and any property damage that has occurred. Consider photographing any damage or injuries and keeping a list of symptoms, expenses related to the injury, and any other information that you can. This can be very important for your personal injury attorney in the event that you decide to file a claim.

4) Speak with insurance companies, if applicable. If the defective product has caused a car accident in Miami or another community or if the product has caused an injury on your property, car insurance or home insurance may help cover some of the costs. Consult with insurance companies to see whether the medical costs and other costs associated with the injury are at least partly covered by insurance.

5) Contact a personal injury attorney. Speak with a personal injury attorney in Miami or your community in order to get legal advice. You may be able to file a legal claim against the manufacturer of the product in order to get compensation for lost income, property damage, medical costs, and other expenses related to your accident. Holding negligent manufacturers responsible can help you get closure after the accident and can also help ensure that you do not suffer financially due to the manufacturer’s recklessness. In many cases, it is difficult to tell whether you have a case. A good attorney can help you understand all your options so that you make the best decision in your situation.

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When you take medication, it is often because you are already ill and want to get better. In some cases, however, victims of medication defect claims in Miami and other South Florida communities find themselves getting sicker rather than better. Legal claims related to medication can arise from a number of situations:

1) Unlisted side effects. Drug manufacturers are expected to test their products for all side effects. When tests are completed incorrectly, a medication may go to market without the correct listing of all side effects. In some cases, the side effects are potentially dangerous. For example, a recent spate of legal claims against a maker of birth control pills claimed that the pills caused life-threatening blood clot risks in women using the pills. A number of women taking the pill died or were seriously injured and in their legal claims they noted that the manufacturer did not adequately warn them of the increased risk.

2) Unlisted reactions with other medication. Medication manufacturers have a responsibility to test a medication for possible interactions with other medication and list those potential interactions. Drug interactions can cause serious side effects and even fatalities, so when drug manufacturers are negligent in this area they can cause immense pain and suffering and loss.

3) Allergic reactions. Medication is supposed to be tested for the risk of allergic reactions. Common allergic reactions should be listed on a medication’s packaging – along with what patients should do if they experience an allergic reaction. Lack of this information can jeopardize a patient’s life.

4) Birth defects. Some medications can cause serious birth defects when used by pregnant women. Medications that can cause this problem are supposed to be clearly labeled so that pregnant women (and their doctors and pharmacists) are aware of the risk. When this warning is not clear and birth defects are a result, victims can pursue justice by contacting a personal injury attorney in Miami or their community to pursue a legal claim.

5) Incorrect dosage or medication. When you are given medication by a pharmacist, hospital, or doctor, you expect that medical professionals have checked the dosage, medication, and any medical allergies you have. Unfortunately, medicine and pharmacy errors in Miami and other communities occur each year due to incorrect communication and due to negligence. Sometimes, these sorts of errors occur because a doctor or pharmacist is negligent in checking patient information. In other instances, poor handwriting and other preventable errors cause the problem. In some cases, the incorrect dosage or medication can cause serious complications or even death.

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Each year, you may bring hundreds or even thousands of products into your home. These may range from food products to new appliances and personal care items. Each item that you buy with your hard-earned money should be safe for you to use. However, each year people across Fort Lauderdale and across Florida are seriously injured by defective products. Tragically, some of these defective products cause Fort Lauderdale injuries to minors and children. For example, defective toys, sports equipment, and even safety equipment can cause serious injuries to infants and children. In order to protect your family and in order to keep your home safe, follow these tips for keeping unsafe products out of your home:

1) Consider safety – not just budget – when shopping. When you head out to shop for an appliance, personal care product or any product, consider not just the price range you’re willing to pay for but also the safety of the product design itself. Look over the product carefully and consider whether it is sturdy and appears safe. Consider buying products from well-known manufacturers and trusted manufacturers with good safety records.

2) Use extra caution when buying products that have the potential for harm. Use extra caution when purchasing toys, items for infants, car safety seats, cribs, sports equipment, safety equipment, appliances, and cars. These can be especially dangerous if they are defective. Research the product before you buy and look for safety ratings online. When buying these types of products that have a higher risk of harm, buy new products rather than used products, since used products may already have been recalled or may have damage which makes them unsafe. For example, you should never buy used car safety seats or bicycle helmets, as these might not provide adequate protection in a Fort Lauderdale traffic accident.

3) Read the instructions and follow them. Products come with instructions for reason. Instructions are designed not only to show you the proper and intended use of a product, but they are designed to show you the possible risks and dangers of a product you are about to use. They can also help you assemble any product correctly, reducing the risk of injury. Reading and following directions can reduce your risk of Fort Lauderdale personal injury.

4) Sign up for recall information and register the products you buy. Many products, including personal care products as well as appliances, allow you to register your product with the manufacturer. This allows the manufacturer to contact you if there is a recall of the product. In addition, you can also sign up at government websites to automatically receive recall information about new products.

5) When using your new product, check regularly for wear and tear. Even safe products can become unsafe and cause Fort Lauderdale burn injuries as well as other injuries with common wear and tear. For example, appliances and electronics can become very unsafe if the cords or adapters become worn and damaged, causing the risk of fire. In many cases, bicycle and sports helmets need to be replaced if they are involved in an accident, as the interior of the helmet may become damaged.

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We use thousands of products each day, ranging from large machinery and cars to small personal care items and appliances. We expect that the manufacturers, designers, and retailers of these products to be selling us safe items to use. Unfortunately, this is not always the case. Each year, Florida and Hialeah products liability claims occur because manufacturers have created or designed flawed products. Defective products cause a range of injuries, including Hialeah head injuries, burns, fractures, and many other types of injuries. If you believe you may have a products liability case, you will want to ask yourself:

1) Did you use a product as intended? All products have a specific way that they are intended to be used by the manufacturer of the product. Altering the product or using it in a context or way that it was not intended can invalidate your products liability claim. For example, using indoor lights outdoors or altering an appliance so that it works differently than intended can mean that you lose your ability to make a claim against the manufacturer.

2) Did the product cause injury? In order to launch a Hialeah products liability claim, the product must have caused you a serious injury. Even if you notice that a product is defective, you will not have a claim unless you were injured directly by a defect in the product. In many cases, it is difficult to say whether a defect or some other issue has caused an injury while you are using a product. Working with a Hialeah personal injury attorney can ensure that you get the answers you need. A qualified attorney can investigate your claim and the product in order to determine whether a defect has caused your injuries.

3) Did your injuries mean a financial loss for you? In order to have a Hialeah products liability claim, your injury must be severe enough that it has caused you some form of financial loss. For example, if you’ve lost income because your injury has not allowed you to work or if you have incurred medical costs or property damage due to the defective product, you may have a legal claim. If you’re not certain whether you have a legal claim, you may wish to consult with a qualified Hialeah personal injury attorney, who can help you understand your rights and options.

4) Do you think that there is something about the design or labeling of the product that is insufficient? If you have been injured by a product, you may wish to consider what it is about the product that has caused an injury. Was there a component that was incorrectly or poorly designed or manufactured? Was the labeling on the product inadequate to help apprise you of the risks of using the product? These can all be indications that a manufacturer or designer of a product was negligent in providing a safe product for you to use.

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At this time of year, children receive many toys and while these gifts are meant to bring nothing but joy, each year children are admitted into the emergency room due to toy related injuries. Each year, after the holidays, Miami products liability cases are launched due to unsafe toys that cause harm. To ensure that your holiday season is safe and fun, follow these tips to keep your children safe:

1) Check toy reviews. At this time of year, especially, many children’s magazines and parenting magazines (as well as local newspapers) run reviews of popular toys, ranking toys by safety and fun. Read some reviews when making up your shopping list to ensure that you are buying safe toys.

2) Try to buy new. While gently used toys can be safer for the environment and less expensive, they do pose risks. Older toys may be damaged and no longer safe, and those toys may be recalled. It is better to buy a smaller new toy than more used items. If buying for someone else, err on the side of caution and consider gift cards. These can be used to buy a number of toy items a parent considers safe.

3) Sign up to receive toy recalls. Receiving toy recall information online ensures that you are notified instantly about any toys on your shopping list or any toys your children have received. This way, if the toys pose a Miami burn injury hazard or any other hazard, you will be able to remove them right away.

4) Check the toys your child receives and register the toys, where possible, with the manufacturers. Manufacturers will let you know when a recall has taken place and being registered will make it easier for you to get a replacement toy.

5) Don’t rely just on recalls and toy reviews – check toys carefully. Just because a toy has not yet been recalled, it does not mean that it is perfectly safe. Always check toys carefully before you buy and check toys carefully before you let your children play with them. Sharp edges and small parts can still mean Miami personal injury claims, even if they toy has not yet hurt anyone. If a toy seems unsafe, don’t let you child play with it, no matter what the manufacturer claims and no matter what the reviews say.

6) Pay close attention to age ranges for each toy. A toy that is perfectly safe for an older child can pose a serious hazard for a smaller child. For example, a toy that is quite safe for a teen may contain small, removable parts that can pose a serious choking hazard to a toddler. When buying and receiving toys, take a note of the age range for each toy and ensure that it matches the age of the recipient.

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Strict product liability means that any business or person who makes or sells a product that is average to the average user when used under normal uses may be held liable for the personal injuries which occur from the use of the product. If you have bought a product and have used it in a normal manner and have been injured by the product, you may be able to seek legal action against the manufacturer. You will need a good Florida personal injury attorney, however, to pursue the case.

A good attorney is needed because you will need to prove in court how the product defect has occurred. Generally, the defect may have occurred either in the design or the manufacturing of the product or during the packaging of the product. The product defect may also have occurred during marketing. For example, the instructions of the product or an advertisement may have shown inaccurate information on how to use the product. If you followed this incorrect information, you may have sustained an injury. A good attorney will be able to work with private investigators to discover how a defect has occurred.

In a product liability case, you will not have to prove that the manufacturer was negligent. Even if the manufacture took steps to make sure that the product was safe, you will still have a case if the product proves unsafe. However, you will have to prove that the product caused your injury and that you were using the product at the time of the incident. This can be challenging if there were no witnesses and no video evidence of the use of the product exists. Often, an attorney will rely on medical evidence to conclusively link the product to an injury.

Each year, product liability cases arise when customers are harmed or injured by using incorrectly manufactured, designed, or stored products. Recently, product liability has been in the news again after it was revealed that some Chinese manufacturers have been knowingly using cadmium – a heavy metal known to cause cancer – in jewelry sold in the US. Defective and dangerous products such as this cause serious harm to US consumers each year. Children’s toys, for example, sometimes cause choking hazards or other harm. Other products have been linked to burn injuries and other serious injuries.

In many cases, a good Florida personal attorney is required to pursue a product liability case, since most companies have multiple insurance and coverage options. As well, many products today are manufactured overseas. When a company is accused of making unsafe products, there is often a blame game being played out. Companies accuse manufacturers (usually located overseas), while manufacturers blame exporters or parent companies. Stores selling the products are also sometimes accused or found to be partly liable.

Trying to determine who is responsible for an unsafe product takes a good attorney and an investigation team. Injured parties often feel that they are not given the answers they need from manufacturers and become frustrated when it appears that companies are allowed to produce such unsafe products with little harm to their reputations.

In Florida and across the country, Hydroxycut products have often been used by customers interested in losing a few extra pounds. However, new information suggests that Hydroxycut weight loss products can cause liver damage. Customers are urged to immediately stop using all Hydroxycut products.

The U.S. Food and Drug Administration (FDA) has issued an alert after 23 cases of health problems and death have been linked to Hydroxycut weight loss products. The products are made by Canadian-based company Iovate Health Sciences Inc. The company has issued a recall of Hydroxycut products after the FDA reported its findings.

Even customers using Hydroxycut products in recommended doses and using the products as recommended have developed liver problems and other personal injuries. Customers do not have to use excessive amounts of the product to develop serious problems. Unfortunately, Hydroxycut products have been on sale since 2008 and some customers have been using these products for some time.