Miami product liability lawyers Tag Archives

May 20, 2024

Overview of Design Defects Under Florida Product Liability Laws

There are multiple agencies under the umbrella of the federal government that investigate reports about defective products and enforce all relevant regulations. The US Consumer Product Safety Commission (CPSC) is tasked with maintaining an ongoing, up-to-date list of all products that have been recalled, either by government officials or voluntarily by the manufacturer. In recent weeks, some items on the list include snowmobiles, children’s clothing, furniture, and electronics. Many of these products are rendered dangerous because of problems with the manufacturing process.

However, there are numerous other consumer products that present a risk of harm because of issues when they were developed. In the practice of law, the problems with these items are considered to be design defects. They can cause serious injuries to users, so you should follow all manufacturer’s instructions regarding the recall. However, you should also contact a Miami design defects and product liability attorney if you were hurt.

Basics of Design Defects

December 11, 2020

Product Recalls to Watch for When Christmas Shopping in Miami

by Gerson & Schwartz, P.A.

The US Consumer Product Safety Commission (CPSC) announces recalls of dangerous or defective products throughout the year, but its reports are especially important around the holiday season. This time of year, the stores are packed with shoppers and people are going online to search for the perfect gift for loved ones. The last thing you want is for a hazardous product to cause injuries to yourself or the recipient, but this is exactly what could happen when manufacturers and other entities in the supply chain do not take measures to ensure their products are safe.

While you should always trust a Miami product liability attorney to handle the legal tasks if you were hurt, check out some of the recent product recalls before going holiday shopping this year.

Children’s Products and Toys

November 27, 2020

Bunk Beds Sold by Major Retailers Recalled After Collapses, Reported Injuries

by Gerson & Schwartz, P.A.

The last place you should worry about suffering injury is when you are lying in bed and relaxing, but the experience was quite the opposite for several victims who were hurt while sleeping in defective beds. A November 15, 2020 article in the Miami Herald outlined the details of a recent recall jointly announced by the US Consumer Product Safety Commission and manufacturer Zinus. The recall covers 26,000 metal bunk beds that were not welded together properly, causing the upper bed to collapse. There have been 13 accidents reported involving the defective products, and victims have suffered serious injuries when falling or being crushed by the upper bunk.

If you were hurt by any type of product, it is essential to speak to a Miami products liability lawyer about your circumstances. You may have options regardless of a recall, but you should understand the basics about your rights when a product is withdrawn because of serious defects.

Common Recalls of Household Goods

November 25, 2020

List of Recalled Drugs Linked to NDMA Contamination

by Gerson & Schwartz, P.A.

If you take certain medications for high blood pressure, heartburn, ulcers, and related medical conditions, you may be aware of multiple product recalls announced during 2019 and continuing throughout 2020. The US Food and Drug Administration (FDA) outlines the risks involved with these prescription and over-the-counter drugs, which may contain unsafe amounts of N-Nitrosodimethylamine (NDMA) – a substance recognized by US officials and international medical groups as having the potential to cause cancer.

While the NDMA contamination may seem like a typical dangerous drug case, there are several factors that make these matters complicated. You can trust a Miami products liability lawyer to explain the laws and assist with your legal remedies, but some basic information may be helpful.

Dangerous Drugs Linked to NDMA Impurities

August 12, 2020

Johnson & Johnson Pulls Talc After String of Products Liability Lawsuits

by Gerson & Schwartz, P.A.

Talc-based baby powder has been a flagship product for Johnson & Johnson since 1894, but litigation alleging that the product causes cancer has plagued the company for years. Several jury verdicts, settlements, and billions of dollars in product liability damages have dealt a devastating blow to profits. As such, Johnson & Johnson executives made the decision to discontinue making talc baby powder, which may contain the carcinogen asbestos. Despite the move, company officials insisted that the product is safe in a recent Miami Herald article.

All existing inventory of talc baby powder will remain on store shelves and available to consumers through retailers, so the threat persists for users – and women are particularly at risk. It is important to reach out to a Miami products liability lawyer to discuss your legal rights if you suffered harm, but you should become familiar with the basics about Johnson & Johnson talc baby powder litigation.

Legal Basis for Talc Lawsuits

August 7, 2020

Construction Site Accident Leads to Catastrophic Injuries

by Gerson & Schwartz, P.A.

A number of construction workers were seriously injured this week when a crane-load of rebar fell onto them at a Brickell construction site. The crane was moving some rebar overhead when the load unexpectedly fell, injuring at least six workers at the Florida construction site, with two of those workers being impaled through the torso. At least one of the victims remains on a hospital ventilator, in serious condition.

What Causes Florida Construction Accidents?

In the incident above, the rebar allegedly fell onto and injured the construction workers as a result of defective construction equipment. The Construction Company operating the site claimed on social media that the steel cage of the crane came loose while it was transporting the rebar overhead, resulting in the injuries to those workers positioned below. The Occupational Safety and Health Administration is currently investigating the incident, but if it turns out that defective crane equipment was the cause of the accident, then those injured may have legal recourse through a product liability claim in addition to their workers’ compensation benefits.

April 1, 2020

The Four Most Dangerous Items in Your Miami Household

by Gerson & Schwartz, P.A.

When you think about the most common factors behind personal injuries, you probably assume that motor vehicle crashes and accidents on property will top the list. To a certain extent, this is true, but you are not always safest under your own roof. There are some hazards that may be lurking in your own home without you knowing, and they can lead to injuries when you least expect it. Some of these consumer products are unsafe by their nature, while others are only dangerous because they contain a defect that could lead to injuries. Many disproportionately affect children and the elderly, while others pose a risk for anyone in the household.

If a defective product in your home caused injuries, it is important to reach out to a Miami products liability attorney who can advise you on your legal options. Meanwhile, review this list of dangerous items, check your home, and make necessary adjustments to protect your family.

Anything Subject to a Product Recall: You might read an occasional news story about a massive recall of defective products, but there are many issues that do not make headlines. To keep your home safe, visit the US Consumer Product Safety Commission Recall List (CPSC) from time to time. If there is a dangerous item in your home, follow the manufacturer’s instructions on how to handle it.

May 8, 2015

Student’s Death Highlights Importance of Medical Device Safety

by Gerson & Schwartz, P.A.

The area of products liability is one of the biggest areas in which a personal injury lawyer can make a difference in the lives of consumers. We rely upon products that we use every day to be safe and reliable, often putting our lives in the hands of the companies that make and manufacture these products.

Nowhere is that more evident than in the area of medical products. A recent, tragic death in Chicago is a reminder of how vital it is to keep companies responsible for ensuring the safety of the products.

Chicago Law Student Dies