A family in Tennessee is seeking to recover damages after their little girl suffered injuries while playing on a defective swing set at school – a swing set that had been recalled in 2009 by the U.S. Consumer Product Safety Commission. Despite the recall, the swing set remained in use on school grounds. The district…
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The U.S. Consumer Product Safety Commission has issued a $3.4 million fine against an officer store retailer that intentionally failed to report a number of reports of injury allegedly caused by two different models of defective office chairs. According to a news release from the CPSC, the problem was the seat backs of two different…
Continue reading ›As consumers, we trust the products we buy and use are safe as designed and manufactured. Unfortunately, this is too often not the case. From baby cribs to automobiles to construction equipment to medical devices, thousands of people are hurt every year as a result of defective products. Those injured by dangerous and defective products…
Continue reading ›In any premises liability claim, success often hinges on whether the property owner or operator had actual or constructive knowledge of a dangerous condition. So in the case of a slippery floor, we have to determine whether a property or business owner knew the floor was wet or slippery. However, it gets a little more…
Continue reading ›A 9-year-old boy and his mother were rushed to the hospital recently after a Fort Lauderdale dog attack that reportedly ended only when a neighbor subdued the animal with his bare hands and a belt. The boy was “severely injured,” according to responding officers, while his 35-year-old mother suffered a leg wound. Based on witness…
Continue reading ›Florida is renowned for its water sports and boating activities. It’s a huge draw for the millions of tourists who flock to the state each year. Most people walk away from the experience with a rush of adrenaline and fond memories. However, when negligence during boating results in personal injury, victims can be left with…
Continue reading ›So many of the products we buy and use every day are manufactured outside the U.S. While these products must adhere to certain safety standards, sometimes they fall short, resulting in injury. Pursuing litigation against foreign companies can pose challenges, as the recent case of Book v. Voma Tire Corp. et al. illustrated. The case,…
Continue reading ›Florida is a welcome respite for visitors from around the world, and the widespread availability of watersports is a major draw. Unfortunately, those who offer excursions such as wakeboarding, parasailing or scuba diving sometimes put profits before people. That is what was alleged in a horrific July 2013 parasailing accident in which two teen girls,…
Continue reading ›Prior to 2010, the burden of proof for plaintiffs in slip-and-fall lawsuits in Florida was much lower. One needed to prove only the plaintiff encountered a slippery foreign substance on the ground, fell as a result and suffered injury. However, the new statute placed a greater responsibility on the injured person to prove the business…
Continue reading ›The expectation consumers have when they purchase a product is it will work as stated when used as intended. In the legal world, this is called implied warranty of merchantability, and a breach resulting in injury can be grounds for a personal injury lawsuit. However, plaintiffs in these product liability lawsuits must be able to…
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