Personal Injury Blog

Ft. Meyers Dealership Steps Up To the Plate Following Toyota Recall

You Could be in Danger in Your Toyota

NEW FLU SHOT COMING OUT FOR ADULTS

Who is Responsible for Brake Failure?

If you have ever experienced brake failure, you know how frightening it can be.  When brakes fail, the risk of you being in a collision with another vehicle or object becomes extremely high.  As you frantically try to pump the brakes, you begin to fear the worst.

An accident caused by brake failure can lead to serious injuries.  If you have been injured in a car accident, you know that the medical expenses can add up and that you could experience a drop in income as you are forced to take time off of work to recover.  Depending on what caused the brakes to fail, you may be able to recover compensation for your injuries.

Poor maintenance is often a factor in brake failure.  If you do not follow the manufacturer’s guidelines for maintaining your brakes, you are considered to be at least partially responsible.  However, if you properly maintained your brakes and had them checked, responsibility shifts.

Sometimes brakes are defective, which can mean that the manufacturer is liable for your accident and subsequent injuries.  In a defective brakes case, you can file a lawsuit against the manufacturer to try to recover monetary damages, such as pain and suffering, medical expenses, lost wages, mental anguish and other expenses related to your injuries.

In 2008, there was a class action lawsuit against Kia Motors America Inc., alleging that the Sephia sedan had defective brakes.  The plaintiffs in the class action lawsuit were consumers who had purchased these vehicles between 1997 and 2000.  After a three-week trial, the jury awarded $6 million to the plaintiffs.  According to the jury, Kia violated the Magnuson-Moss Warranty Act.

Defective brake cases can be complex and the manufacturer will do everything possible to show that they are not responsible, which is why you need a knowledgeable attorney representing you.  Contact the experienced Florida defective brakes attorneys at Law Offices of Lilly, O'Toole & Brown, LLP at (863) 683-1111 to review your case.  

The article titled, When Brakes Fail to Work Properly, has more information on this topic. 

Drug Recalls Can Come Too Late

Recently there has been a spate of drug recalls for a number of reasons.  A large portion of the drugs have been manufactured overseas and have not receive very much oversight.  As a result of the poor oversight overseas and the overworked Food and Drug Administration that is tasked with assuring drug safety in the United States the problem continues to grow.  Recently several heart drugs were recalled due to problems with dosage.  While the bottle may say the pill contains 30 milligrams of the drug, the pill in fact contains twice that dosage.  This is significant enough for the effect on a healthy person, but the person taking the medication is already dealing with heart issues which, like any other organ in the body, is badly effected by overdose.  This does not appear to be a medical malpractice issue, as the pills are manufactured and distributed without the doctor even being aware of the problem.  The only potential malpractice issue would be if the patient consults the doctor while taking the medication and the doctor does not recognize the signs of overdose.  When getting a prescription filled it is a good idea to make sure you know what you are getting.  Talk to the pharmacist and read all the paperwork to be informed.

Delayed Notification From CPSC Means More Injuries

A January 31, 2008 report from Public Citizen details how it takes the Consumer Product Safety Commission (CPSC) an average of seven months between receiving notification that a product is dangerous or defective and distributing that information to the public.  The CPSC, which is responsible for "protecting the public from unreasonable risks of serious injury or death," offers an online database which lists all product safety news and recalls. 

The database is a great thing.  The problem is that it takes a product so long to be recalled or appear in the database after the manufacturing company and the CPSC know about it.  The CPSC has the authority to fine companies for taking too long to report their hazardous products.  Since 2006, companies fined for this took an average of 993 days to report the potential harm of their products.

That's 2.7 years between learning of the defect and notifying the CPSC.  The only thing worse than that is that it took the CPSC an additional 7 months, on average, between being notified and telling the rest of America.

Specifically highlighted in the Public Citizen report were

• A vacuum cleaner known to catch fire
• Treadmills that spontaneously change the runner's pace
• ATVs with throttles that can get stuck in the "go" position
• Infant swings known to cause strangulation (and responsible for at least six infant deaths)

Public Citizen is a non-profit consumer advocacy organization that represents consumer interests in Congress.

Apple Involved in a Defective Product Lawsuit

A recent article posted on PC Magazine’s website titled, Apple Sued Over iPhone 3G Problems, raises interesting questions – what is considered to be a defective product and when can a defective product lawsuit be filed?  The article discussed a class action lawsuit that has been filed against Apple over the iPhone 3G.  There are at least 100 class members and $5 million in damages are being pursued in the lawsuit.

The class action lawsuit was filed by an Alabama woman who experienced reception and speed problems with her iPhone 3G.  The woman purchased her phone in July after being exposed to various advertisements boasting the iPhone’s new speeds.  According to the lawsuit, “one could barely turn on the television without hearing that the new iPhone 3G was ‘twice as fast for half the price.’”  Once the woman started using the device, her Internet connection, e-mail and text messages were slower than advertised and expected.  She previously owned the first generation iPhone and said that the new device regularly dropped her calls.

The lawsuit contends that Apple is selling a defective product and is receiving a financial benefit as a result.  The class members are requesting damages, costs and attorneys’ fees.  In addition, the woman who instigated the lawsuit is requesting that Apple repair or replace her iPhone 3G.

Consumers have been reporting reception problems since the phone was released in July.  In response to these problems with the iPhone 3G, Apple has posted a software update via iTunes, which is meant to fix the connection issues.  It will be interesting to see if the iPhone 3G is considered to be a defective product and if the product liability lawsuit is successful.

No Cold Medicine for Kids

What Happens if a Defective Product Harms a Child?

Almost every week, numerous children’s products are recalled in the United States.  Reasons for recalls include anything from lead paint to suffocation hazards.  As a parent of a young child, it is frightening to think that your child could be harmed by a defective toy or other product.

Within the last couple of years, there have been several stories of babies being killed by defective cribs or bassinets.  Products are also constantly found to be infested with lead.  Children frequently put items in their mouths and if the product has lead-based paint, that child is in serious risk of lead poisoning. 

Manufacturers, distributors, importers and retailers can be held responsible when a child is injured by a defective product.  These companies owe consumers a duty to provide products that are safe and free from defects.  Poorly designed products, manufacturing flaws, inadequate warnings and the use of hazardous materials can all lead to serious injuries among children.  Any of these actions are grounds for a defective product lawsuit.  This area of law is also referred to as product liability.

Product liability lawsuits can be difficult to prove.  The manufacturer or other liable party is usually willing to spend a tremendous amount of money on these types of cases to protect themselves from further liability among other consumers.  To win a defective product case involving a children’s product, it must be proven that the product’s defect caused the child’s injury.  An experienced defective products attorney can gather the necessary evidence, including testimony from product experts, to build a strong case.

The Florida product liability lawyers at the law offices of Lilly, O'Toole & Brown, LLP can review your case to help you determine if the product that injured your child was defective or dangerous in any way.  Call  (863) 683-1111 for a legal consultation.

The article, Defective Children’s Products, has more information on this topic.