product liability attorney

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?

Aside from skin cancer, breast cancer in the U.S. the No. 1 most common type of cancer in women – regardless of race or ethnicity. The Centers for Disease Control and Prevention reports its the No. 1 cause of death from cancer among Hispanic women and the No. 2 cause of death from cancer among others. Here in Florida, nearly 16,000 women were diagnosed with breast cancer in a single year. medical malpractice attorney

That means treatments like radiation, chemotherapy and surgery (namely, mastectomy and breast reconstruction) are among the most commonly-performed in the state. Of women diagnosed with early state breast cancer, more than one-third undergo mastectomies. Among women with more advanced stage breast cancer, nearly 60 percent undergo mastectomy, according to the American Cancer Society. Mastectomies increased 36 percent between 2005 and 2013, according to the federal Agency for Healthcare and Research Quality, including a more than tripling of double mastectomies.

Fort Myers medical malpractice attorneys know there is a lot that can go wrong in any surgery, and it doesn’t necessarily mean negligence occurred. What we as medical malpractice attorneys must show is that the care received fell below the standard quality of care for that specialty and region. Product liability cases involving medical devices or implants must generally prove the product was defective and thus unreasonably dangerous, meaning there was a flaw in the design, manufacturing or marketing. (Marketing defects involve the manner in which the product was advertised or sold.) Every company within the chain of distribution can be held liable in a product liability case. Continue reading

Articles Tagged with product liability attorney

Distracted Rideshare Drivers Can Cause Deadly Florida Car Accidents

Are Florida Rideshare Drivers Inherently More Distracted?

Botched Mastectomy/ Reconstruction Leads to Liability Lawsuit Against Surgeon, Mesh-Maker