Increase In Product Liability Claims In Florida
Over the past year, our Florida product liability attorneys have seen a dramatic increase in the number of people calling us with potential product liability claims. Florida has strict liability laws for products that cause injuries to our resident. Our product injury lawyers can make claims on your behalf if you are injured as a result of a defective product. If you were injured by a product, call us at 800-337-7755 for a free consultation, or submit your question online.
Several different government agencies regulate products to help protect the public.
Consumer Products
According to their website, the US Consumer Product Safety Commission is charged with protecting the public from unreasonable risks of injury or death associated with the use of the thousands of types of consumer products under the agency’s jurisdiction. Each year, many defective products are recalled by the US Consumer Product Safety Commission.
Drugs, Medical Devices and Food
The Food and Drug Administration, according to its website, has a Center for Devices and Radiological Health (CDRH) which is responsible for regulating firms who manufacture, repackage, relabel, and/or import medical devices sold in the United States. In addition, CDRH also regulates radiation-emitting electronic products (medical and non-medical) such as lasers, x-ray systems, ultrasound equipment, microwave ovens and color televisions. The FDA also regulates food products, and also pharmaceutical drugs.
Strict Liability For Product Injuries In Florida
As stated in the Restatement (Second) of Torts section 402a,
(1) One who sells any product in a defective condition unreasonably dangerous to the user or consumer or to his property is subject to liability for physical harm thereby caused to the ultimate user or consume, or to his property, if
(a) the seller is engaged in the business of selling such a product, and
(b) it is expected to and does reach the user or consumer without substantial change in the condition in which it is sold.
This means that anyone who sells a product that causes injury is responsible for all injuries and death caused by the product if the product was defective.
Examples of Possible Product Liability Claims
Each year, our office investigates various complaints of potentially harmful consumer products, medical devices, and food products. Some of the products and devices we are currently investigating include:
Power Pressure Cooker XL by Tristar Products – In 2014, we began receiving complaints of possible defects in the Power Pressure Cooker XL. We filed one of the first lawsuits in the country against Tristar Products. Since then, we continue to represent several more victims who sustained burns as a result of their exploding Power Pressure Cooker XL. Among the most common allegations are that the pressure cooker stops steaming after cooking, leading to the consumer believing the food is ready. When the user opens the lid, the contents explode over the user. The product is supposed to have a safety lock to prevent the cooker from opening during or after use if it is pressurized, but many users have complained that the cooker still opens, scalding them with hot liquid. We’ve handled more Power Pressure Cooker injury claims than most other firms in the entire country.
Car Seats, Strollers, Swings and Carriers – Baby products are a multi-billion dollar business in the US and there are thousands of products geared towards children. As companies put profit over safety, many child products end up causing severe injury or death to children. Some examples of a defective children’s product include a baby swing where the button breaks and causes the child to fall through to the floor, cribs where a baby’s head can get caught, strollers with sharp edges that can amputate a child’s finger, car seats which fail to keep a child secure, carriers which fail to support a child, and any other child product which can injure or kill them.
Exploding Jeep Airbags – Over the past year, we’ve received several complaints from Jeep owners that their airbags exploded without an accident. The airbags can cause severe burns, sprains, and even fractured bones. Airbags are supposed to protect you in the event of a crash, not be the cause. If your Jeep’s airbag exploded without an accident and you were hurt, you may have a product liability claim for any injuries caused by the exploding airbags.
Prilosec – We are investigating claims where the user sustained a stroke, kidney failure, or chronic kidney damage
Prevacid – We are investigating claims where the user sustained a stroke, kidney failure, or chronic kidney damage
Nexium – We are investigating claims where the user sustained a stroke, kidney failure, or chronic kidney damage
Protonix – We are investigating claims where the user sustained a stroke, kidney failure, or chronic kidney damage
Zofran – We are investigating claims on behalf of children where the mom took the medication during pregnancy, and child has heart defects, or cleft lip and cleft palate
Zoloft – We are investigating claims on behalf of children where the mom took Zoloft during pregnancy, and child has heart defects, or cleft lip and cleft palate
Essure – We are investigating claims where the user had migration of device, tears, severe injuries, or use resulted in fetal death.
Pinacle Hip Replacement – We are investigating claims where the user had metalosis, clicking, fractured hip, dislocation, or blood disorders
Mirena – We are investigating claims where the user had perforation of uterus, or embedment in uterus
Laparoscopic Power Morcellation – We are investigating claims where the user had uterine cancer
Hernia Mesh – We are investigating claims of hernia mesh injuries, including migration, perforation, and other injuries. Some of the brands we are looking into include:
Ethicon: Physiomesh
Covidien (Formerly Tyco): Parietex; Parietex Composite Ventral Patch; Parietex Optimized Open Skirt Mesh; Parietex Composite Parastomal (PCO PM) Mesh; Parietex ProGrip Self-Fixating Mesh; Parietex Plug and Patch System; Parietex Composite Hiatal Mesh (PCO 2H); Parietex Hydrophilic Anatomical Mesh; Parietex Optimized Composite Mesh; Parietex Composite Open Skirt (PCO OS) Mesh; Parietex Lightweight Monofilament Mesh; Parietex Folding Mesh; Parietex Flat Sheet Mesh
Atrium: C-Qur; C-Qur Mosaic; C-Qur Edge; C-Qur TacShield; C-Qur Lite Mesh V-Patch; C-Qur Mesh V-Patch
Bard/ Davol: Visilex Composix; Composix EX; Spermatex; Marlex; 3D Max; Sepramesh; Perfix Plug; Ventralex; Kugel; Composix Kugel; Ventrio; Ventrio ST
Trolls It’s Fun Time Book Slap Bracelets – A recent recall noted that several children sustained lacerations as a result of the metal slap bracelet wearing through the fabric, causing injury to children.
Defective Vehicle Parts – Most vehicles are designed to protect you in the event of a crash. Over the past several years, there have been many reports of vehicle parts failing. These include the Takata airbags, seat backs, and tire issues.
Manufacturing Defects Versus Design Defects
When considering a product defect claim, we often look into two main categories of claims: manufacturing defects and design defects. Either type of defect may entitle you to make a claim for product liability for injuries or death caused by the product.
A manufacturing defect is a type of defect caused during the manufacturing of the product. This may be where the assemblers forgot to put a screw in place, used the wrong type of adhesive, or, like in the case of the Takata airbags, allowed moisture to get into the assembling plant of the explosive and may have altered the chemical composition of the explosive prior to placing it into the vehicle’s airbag system.
A design defect is a type of defect where the design of the product was dangerous based on the way it was created. Examples of design defects may be children’s toys that have choking hazards, a power saw with no safety over the blade, or a water cooler that does not have protection over the hot water knob or can tip easily.
Both types of defects can lead to a product liability claim.
How to Bring a Claim in Florida if Injured by a Product
If you were hurt while using a product in Florida, or a loved one was killed while using a product, call our Florida product liability attorneys today for a free consultation. We can walk you through the claims process to help get you the compensation you deserve. You can reach us toll free at 800-337-7755 or submit your case question online. We also handle product liability claims on a contingency fee basis, which means you do not pay us any fees or costs if there is no recovery.
