Products Liability

Florida Car Accident Defective Seat Belt Claim Against Manufacturer Fails Timeliness Test

April 10, 2023 | by David J. Halberg, Esq.

When it comes to defective or dangerous products – including cars and their parts – the State of Florida gives claimants 12 years from the delivery of the product to its first purchaser in which to file a claim for harm caused by that product. Palm Beach personal injury lawyer

That might sound like a lot of time, but consider that more than 1 in 5 cars and trucks driven in the U.S. are 16+ years-old. That means right now, if you’re driving a 2011 or older model car, it might be too late for any product liability claims – in Florida at least.

The one exception would be, as noted in 95.031(2)(b), if the manufacturer – through its officers, directors, partners, or managing agents had actual knowledge that the product was defective in the manner alleged by the claimant AND took affirmative steps to conceal this defect. Confidentiality of trade secrets don’t count. In those cases, the statute of limitations can be “tolled” – or paused – for the time period of the fraud/coverup.

As our Palm Beach personal injury lawyers can explain, this is an important exception particularly for those taking action against auto manufacturers because these companies have been collectively fined billions of dollars over the last decade for doing just that. General Motors was fined $900 million in 2015 for concealing dangerous car defects. Toyota was fined $1.3 billion for a deadly cover-up over two safety issues that led to unintended acceleration. Ten of the world’s biggest automakers were sued in 2015 for allegedly concealing the risks of carbon monoxide poisoning in some 5 million cars equipped with keyless ignitions, which ultimately led to 5 deaths. The list goes on – defective airbags, defective seat belts, defective doors, defective engines… And much of it covered up from the public and government regulators, sometimes for decades.

However, as a recent Florida car accident case over an allegedly defective seat belt showed, proving actual knowledge isn’t necessarily a cakewalk. It may come down to who exactly in the organization knew what – and when. Continue reading

Distracted Rideshare Drivers Can Cause Deadly Florida Car Accidents

October 20, 2022 | by David J. Halberg, Esq.

We all know distracted driving is deadly, claiming more than 3,100 lives a year, according to the NHTSA. And yet, rideshare drivers have something of a built-in distraction with the need to multitask on the road. They rely on a driver app that must be checked constantly for customers, directions, mileage, and payments. West Palm Beach car accident lawyer

A precedential South Florida product liability lawsuit slated for an upcoming trial alleges a ridesharing app creates an unreasonable danger that puts the public at risk of injuries. Although the case stemmed from a South Florida car accident, it’s filed as a product liability lawsuit on the basis of strict liability. In the legal world, a personal injury lawsuit alleging strict liability allows a defendant to be held legally responsible for the outcomes of their actions – regardless of whether the person was at-fault or negligent.

The upcoming Florida rideshare injury lawsuit, pending in the Palm Beach Circuit Court, accuses Lyft, a California company, and its Florida subsidiary, of creating/using an app is unreasonably dangerous and distracts drivers to the extent it causes crashes. In this particular case, the January 2019 crash on State Road A1A resulted in another driver suffering substantial and lasting brain injuries. The victim was leaving work at a local resort when the Lyft driver allegedly struck her at an intersection. She spent more than a month in the hospital after the crash, and for a time after that, required 24-aid and attendant care. She also underwent extensive occupational therapy, physical therapy, and other specialty care.

Hertz is also named in the injury lawsuit, as a partnership between Lyft and Hertz allows rideshare drivers to rent Hertz rental cars for their rides.

The original complaint notes that drivers are required to constantly monitor their apps for financial gain (obtaining rides that generate revenue). In addition to a claim of strict liability defective design, plaintiffs allege direct negligence in hiring an independent contractor.

Are Florida Rideshare Drivers Inherently More Distracted?

Thanksgiving Safety Tips From Our South Florida Injury Lawyers

November 19, 2021 | by David J. Halberg, Esq.

Thanksgiving is all about gathering and good eats. Lots of folks are especially excited about this year’s festivities, as pandemic-related restrictions have increasingly eased. However, many holiday safety concerns persist year after year. Palm Beach injury lawyer

As longtime South Florida injury lawyers, the cases we handle almost all involve preventable injuries resulting from the failure of someone else to use reasonable care – not necessarily because they meant to cause harm, but simply because they weren’t careful. If at all possible, we want people to avoid associating joyful holidays like Thanksgiving with sadness or regret. That’s why we urge everyone to take a few minutes to ensure they’re being as safe as possible – behind the wheel, in front of the stove, through the stores, and at the table.

Driving Dangers on Thanksgiving

Watch for Dangerous Product Recalls This Gift-Giving Season

November 27, 2020 | by David J. Halberg, Esq.

Whether your holiday gift exchanges this year are in-person or virtual, one thing that hasn’t changed is the potential for dangerous products to be marketed and sold to consumers. Florida product liability lawyer

The Consumer Product Safety Commission has reported dozens of product recalls in recent weeks, some of which include:

InvoSpa heated blankets, which have the potential to overheat, posing a fire and burn hazard.
Arena Swim Snorkles, which reportedly pose a choking hazard because they can release excess material from inside the breathing tube.
Salsa Cutthroat Bicycles, which have fork legs that can reportedly break and crack, posing a fall hazard to riders.
Sonoma Good for Life Three-Wick candles sold at Kohls, which reported that the heat of the candle could ignite the wax surface or cause the wax to break, resulting in fire and burn hazards.
YETI Rambler Travel Mugs with stronghold lid. The manufacturer reports the slider on the lid can eject, causing hot contents to spill and posing a burn/injury risk.
Cat & Jack “Himani” and “Jaren” Toddler Boots sold at Target have been recalled due to a toggle on the boot that can detach from the elastic, which presents a possible choking hazard to kids.

Hundreds of thousands of these seemingly innocuous products have already been sold, and a recall is no guarantee they won’t continue to be used. Continue reading

Examining Liability in South Florida Scooter Accidents

July 28, 2020 | by David J. Halberg, Esq.

Earlier this year, some 750 Revel scooters were introduced to the streets of Miami after the company won a shared moped program bid solicited by the Miami Parking Authority. Now, the New York-based vehicle share company, which operates in several other major cities, has been hit with multiple lawsuits and recently announced it was suspended New York City operations until further notice following a string of serious injuries and deaths in scooter accidents. South Florida injury lawyer

The New York Times reports the change came after the second fatal scooter accident in as many weeks. One of those incidents involved a 32-year-old man killed when his scooter crashed into a light pole. Less than two weeks earlier, a 26-year-old reporter was killed while riding as a passenger after she was tossed from the scooter when the driver suddenly swerved.

The electric-powered blue scooters, which require a driver’s license to operate but no training to rent, are largely viewed as a fun, fuel efficient alternative to ride share services, taxis and public transportation – particularly attractive in urban areas at a time when the importance of social distancing is stressed. Riders must be at least 21-years-old and are required by company policy to wear a helmet. The company has been operating in New York City since last spring, and is now the subject of at least 12 personal injury lawsuits related to scooter crash injuries and reported scooter malfunctions. One emergency room doctor quoted by the Times said she’d treated as many as eight scooter crash victims in a single shift. Continue reading

Vape Companies Brace for Wave of Florida Product Liability Lawsuits Over Lung Illnesses, Burn Injuries

October 26, 2019 | by David J. Halberg, Esq.

Vaping has been advertised by manufacturers as a safe alternative to smoking. But there is growing evidence that the devices (also known as e-cigarettes) are not so safe after all. Vaporizers have been linked to a spate of deadly acute respiratory failure illnesses as well as serious burn injuries from explosions. Some 34 lung injury deaths and 1,600 illnesses – from Florida to California – this year are being blamed on vape usage, and more than 2,000 vape pen explosions from 2015 to 2017 resulting in burn injuries. Florida vape injury lawyer

Those injured and survivors of those have died have begun filing the first of what promises to be a flood of Florida product liability lawsuits against vape pen manufacturers over these incidents.

Our West Palm Beach product liability lawyers have read through a number of these accounts – and they are harrowing.

Vape Injuries Likened to Those of Industrial Accidents, Chemical Weapons and High-Speed Car Accidents

In one case out of Florida, a mother-of-three and CBD oil vape user suffered multiple organ failure and was forced to undergo a double leg amputation as a result of medical complications from respiratory failure. Others said they quickly became powerfully addicted to vaporizer products – only to come down with severe cases of pneumonia that landed them in the hospital for days or weeks. Continue reading

Lawsuit: Car’s Autopilot Didn’t Prevent Fatal Florida Truck Crash

August 2, 2019 | by David J. Halberg, Esq.

A Palm Beach County wrongful death lawsuit is the second in three months against automaker Tesla Inc. involving its driver-assisted Autopilot feature – one that plaintiffs say give drivers a false sense of security and fail to live up to the express and implied promises made to consumers. truck accident lawyer

According to Insurance Journal, plaintiffs in Banner v. Tesla allege the 50-year-old driver of a Tesla sedan was killed in March when the vehicle, using the Autopilot feature as advertised, failed to steer or brake in order to avoid striking a semi-tractor trailer that had run a stop sign on a South Florida highway.

The system had been engaged for at least 10 seconds prior to the crash. His survivors say the vehicle manufacturer is and has been aware that the system was defective, yet continued to sell it anyway. They are also suing the driver of that semi-truck for negligence in causing the truck accident. Continue reading

Florida Product Liability Lawsuits: Earplug Defect Cost Soldiers Their Hearing

May 28, 2019 | by David J. Halberg, Esq.

A product liability mass tort litigation is rapidly snowballing, alleging a government contractor distributed defective earplugs to active duty combat soldiers and those in training, resulting in profound and lasting hearing loss.

Our South Florida product liability attorneys have learned hundreds of veterans from across the U.S. (nearly 650 in all thusfar), are suing 3M Co., asserting they suffered substantial degrees of damage to their functional hearing because the earplugs didn’t provide the protection the company promised.

The products in question were touted as combat-grade earplugs, but failed to protect their inner ear organs from permanent damage.

Veterans with pending claims have suffered either partial or total hearing loss, many also with something called tinnitus, which is the perception of constant or near-constant “ringing” or “buzzing” in one’s ears. (Tinnitus isn’t a condition in and of itself, but it’s usually associated with hearing loss. Continue reading

479,000 Infant Onesies Recalled Due To Choking Hazard

August 24, 2015 | by David J. Halberg, Esq.

The clothing maker Precious Cargo is recalling 479,000 onesies due to a choking hazard.

The Consumer Product Safety Commission says the snaps on the garments can detach and become a choking hazard. The recall includes onesies with a three snap bottom closure.
Continue reading

Serious Cancer Risk From Medical Device Used During Laparoscopic Uterine Surgeries

July 22, 2015 | by David J. Halberg, Esq.

The Food and Drug Administration (FDA) has issued a serious warning regarding the use of a medical device during laparoscopic (minimally invasive) surgeries. On November 24, 2014 the FDA updated a pervious warning that it had issued on April 2014.

The device is called a power morcellator which is used in laparoscopic surgeries to divide tissues into small pieces so they can be removed via small incision sites that are made by the surgeon.
Unfortunately, when used to remove uterine fibroids or a uterus during a hysterectomy, it poses a risk of spreading unsuspected cancerous tissue, notably sarcomas.
Continue reading