Consumers of a popular flavor of ice cream purchased at a chain of grocery stores with a strong presence in Florida are being encouraged to return the product to the stores from which they were purchased for a refund. The recall affects only one flavor of ice cream and is being issued due to concerns about the possibility that one of the ingredients used to make the product has been contaminated by listeria. Fortunately, in this case, it seems as though the potentially hazardous situation has been discovered before anyone was harmed by the product – but all too often a product defect is discovered only after victims have suffered personal injury.

Strictly Speaking – Manufacturers Are Held Liable for Injuries Caused By Their Defective Products

When consumers suffer personal injury resulting from the use of a product, the question of who is liable for those injuries may arise. In Florida, it is simple – the manufacturer of the product will be held liable for injuries caused by their defective product. This concept, known in the legal world as strict liability, means that even if the manufacturer has taken all the proper precautions regarding the safety of its product, if there exists a defect that makes the product dangerous to the consumer, then the manufacturer is liable for damages.

Product Contamination Equals Product Defects

There is little argument that can be made that product contamination is not a defect and, accordingly, if a consumer were to purchase a defective product and become sick from its use, the manufacturer would be liable for whatever damages and losses were incurred. The contamination at issue with the grocery store ice cream, listeria, can cause serious complications for those with weakened immune systems as well as pregnant mothers and their unborn children including flu-like symptoms, infection, life-threatening conditions such as meningitis, and even miscarriages and stillbirths. If a victim has consumed to listeria-tainted products, there may be no symptoms at all. However, as with so many other medical conditions, prompt and accurate diagnosis and treatment, possibly including a course of antibiotic treatment, is extremely important to ensure the greatest chance of full and prompt recovery with no residual side effects or further complications.

Alan Goldfarb, P.A. Can Help With Product Liability Issues

When you purchase a product from your local grocery store such as a carton of ice cream, the last thing you expect is to suffer harm and personal injury as a result of eating it – but it can, and does, happen. If you have suffered personal injuries as a result of using a defective product, you are entitled to recover for your losses. The office of Alan Goldfarb, P.A. in Miami can help you obtain the recovery you deserve. Whether it is medical bills, lost wages, or pain and suffering that has been caused by faulty products, we can help you get compensation. Our Miami product liability attorneys will work with you to determine the extent of your losses and will explain your rights and responsibilities under Florida law. Contact us now to get started with a consultation at no cost or obligation to you.

Resource:

nbcmiami.com/news/local/Publix-Issues-Recall-For-Ice-Cream-Flavor-over-Listeria-Concerns-396806121.html

Products liability trials usually present two questions to the jury. One involves whether the jury thinks that the defendant’s product was defective, and the other is whether the defendant was negligent in putting the product in the chain of commerce. The problem with this two-prong question approach is that, in most cases, it is legally impossible to be negligent but not have a defective product at the same time. When a jury returns a verdict like this, the defense should object and have the jury fix the inconsistency. That was the issue in this case.

The Tragedy at Issue

This lawsuit is based on a the tragic death of a father who was using a ladder he bought at a home improvement store. The father fell from the 13-foot ladder, and on impact he died. His survivors brought the lawsuit based on the theory that the the ladder had a product defect in it, and that the defect caused his death. The additional theory was that the store was negligent for selling the (alleged) defective product. The survivors sued both the store that sold the ladder (for selling a defective product), and the manufacture of the ladder (for producing a defective ladder).

The Trial

At trial, both sides called experts to testify. The survivors of the victim called an expert who testified that the ladder had a defect in that it tended to malfunction when in a false-locked position. And, as you can imagine, the defense called an expert witness who testified that there was no defect with the product, but it was just used improperly by the victim.

Curiously, the jury split their decision when they handed down a verdict. The jury decided that the store was negligent for selling a defective product, but they said that the ladder was not defective. While it sounds like this should not happen, it does from time to time. When this happens, it is the responsibility of the affected party to object to the irregularity, and send the questions back to the jury to decide. Neither side objected, though, and the defense waited to object in an appeal.

Florida Supreme Court Rules

The Supreme Court changed what was considered settled law when they decided this case. One of the reasons the defense did not object is because Florida appellate courts previously ruled that products liability cases are different when it comes to objecting to split jury decisions such as these. But the Florida Supreme Court threw that line of thinking out and said that from here on out, in all cases, when the jury returns a conflicting verdict a party must object then.

There were several reasons why the Court chose to rule the way it did. For one, raising an objection when the verdict is handed down allows the same jury to go back and fix the mistake. Waiting for an appeal wastes valued judicial resources. And another main reason was that all cases will be treated the same in the future, with no special exceptions for products liability cases.

A Law Firm for All Personal Injury Cases

At Alan Goldfarb, P.A., we represent victims of all personal injury cases in the Miami area. Whether it is a products liability case, car accident, or other type we are prepared to fight. Contact us so we can evaluate your case.

Failure to warn is wrapped up in the larger area of law known as products liability. Our common law traditions hold companies and people accountable for the products they offer to the public. The duty is theirs to ensure that their products are safe, or if they are not safe, warn the public of the involved dangers.

Failure to Warn Under Florida Law

Florida follows other common law jurisdictions by imposing a duty on companies to warn the public when a product is:

• Inherently dangerous; or
• Has the propensity of being dangerous.

And the warning must do more than simply warn of danger. In fact, the warning is required to be accurate, clear, and unambiguous. That seems simple enough but it creates a number of issues for each warning.

Is the warning accurate? Perhaps a product warning comes with 10 pages of how the product can be dangerous, but that does not matter when the information is not accurate. For example, if a dangerous drug is labeled with a warning that it can cause cancer, but fails to mention that it can cause blood clots, then it would constitute an inaccurate warning.

Is the warning clear? Sometimes, in the great number of warnings that come with products, words are jumbled together and are not set in understandable language. This is a problem because people using the product will have varying reading levels and ability to understand. The producer of product must ensure that the warnings are clear enough for a reasonable person to understand it.

Is the warning unambiguous? This is one of the most important factors, and ties in with the clear factor. Warnings can’t warn of general danger, because it does not tell the consumer enough. It would be very easy for companies to say that their product is dangerous, and leave it at that. But consumers would be left guessing why they product is dangerous, and be stuck wondering what kind of danger they are in.

Case Shows How Important Warnings Are

A recently decided case in Massachusetts puts warning labels into perspective. In the case, a little girl took some medicine prior to getting on a flight. As it turned out, the active ingredient in the medicine caused the girl to sustain long-term injuries. The girl’s attorneys argued that the company failed to warn about the medicine’s potential for hurting her. The jury agreed and awarded her a $63 million verdict, and Massachusetts’ high court upheld the jury’s decision.

Conclusion

When it comes to failure to warn and other products liability cases, hiring the right attorney is key. Alan Goldfarb P.A. has the experience needed for your Miami products liability case.

Theme Park Rides and Statistics

Statistics from 2011-2103 tell us that the country’s amusement parks have nearly 300 million visitors annually, and of those, slightly over 1,100 were admitted to the hospital with serious injuries or killed. This is a very small number considering the amount of rides that occur on a given day at a given park—across the country these numbers add up to billions.

Though of course there is the possibility that the rides have not been properly maintained or have certain defects leading to mechanical failures, far more injuries are attributed to other causes including:

• Failing to abide by weight/height restrictions
• Improper or inadequate training of ride operators
• Minimal or non-existent warnings or safety demonstrations
• Failure to use safety belt/buckle properly or securely
• Rowdy behavior by other riders
• Riders bringing unauthorized items with them on the ride that could fall out or cause injury

These, of course, are only some of the many contributing factors to amusement park ride injuries, but being cognizant of these risks may help you keep a lookout for them in the future.

Safety Tips

Though there are certainly risks and associated deaths with the rides themselves, far more injuries occur on the amusement park grounds than the roller coasters. Premises liability lawsuits have arisen at amusement parks for unkempt grounds, failure to warn of adverse conditions, inadequate safety measures on trolleys or other intra-park transportation, or other inadequacies. If your child is too small to ride a ride, there is a reason for it. You may be able to bypass staff to sneak onto the ride, but at the expense of possibly injuring your child. If an area is roped off, there is likely a reason for it, even if the roped-off path might give you a shortcut to your next destination. The best advice is simple: follow the rules, read the signs, and you will protect everyone in your family from harm as best you can.

Miami Personal Injury and Products Liability Attorneys

At Alan Goldfarb P.A., we understand that all you want is a fun, safe trip to the amusement park with your family, and we are grateful that the vast majority of the time, you will return home safely without incident. We also know that accidents do happen. If you or a loved one has been injured on a ride or on the premises of an amusement park, you may be entitled to compensation. Our knowledgeable Miami-based personal injury and premises liability attorneys know how to navigate legal claims to ensure you obtain the compensation that you are entitled by law. We will work with the park authorities, their lawyers, the insurance companies, and your family to ensure the best possible outcome. If you have any questions about bringing a legal claim in Florida, please contact our Miami office today.

This is not the first defective product in the auto industry we have heard about recently. General Motors failed to disclose an ignition defect, estimated to have been the source of almost 30 deaths. Toyota faced (and is still facing) the airbag and sudden acceleration debacle just recently, and its sales are still taking a hit. Toyota has recalled nearly 300,000 vehicles to date.

Products Liability

Products liability is an area of civil law that deals with situations in which someone is injured or killed due to defective design, poor quality, or inadequate manufacturing techniques or distribution. Products liability cases often involve vehicles, specifically airbags, brakes, and fuel pumps, but can stem from just about anything. One might encounter a defective product at home, at work, on the way to work in the car, or on a child’s playground.

Defective products can cause severe injuries or death. When a product is being used in a way that it is intended and it does not function properly, the company who designed, manufactured, or distributed said product may be responsible. Even when a product is being used in a way other than the way it was intended, but is a foreseeable use for the product, companies often have an obligation there as well.

Companies often attempt to avoid this liability by providing information about the specific use for items. For example, Q-Tips do not belong in ears. The side of a Q-Tip box tells us specifically to not place the object in our ears and gives us a list of other reasonable (safe) sues for the device. But ask anyone what a Q-Tip is for and most of them will tell you it’s a device to clean one’s ears. The people who use the Q-Tip for such purposes will not likely be able to bring a products liability claim against the Q-Tip company because they are using the device in a way that goes against the specific guidelines enumerated on the box as a warning. Warnings are an entire other area of products liability. Warnings must be obvious, sufficient, and easily understandable. Failure to provide adequate warnings on products that lead to injury may be the basis of a similar lawsuit.

Miami Products Liability Attorneys

If you or someone you know has been injured or killed due to the use of a defective product, you need experienced products liability attorneys to help you navigate what can be a complicated area of the law. Our knowledgeable products liability experts at Alan Goldfarb, P.A. in Miami, Florida know exactly what kinds of issues often arise during the investigation of these kinds of tragic accidents. We will help you navigate the legal system and ensure you are compensated for your injuries to the greatest extent the law permits. Do not hesitate to contact us about your potential products liability case today.

Children’s Defective Products

Recalls on children’s toys are more common than anyone would care to admit. While most toys offer safe entertainment for your child, it is important to consider possible risks associated with certain types of toys. Manufacturers or distributors may recall a toy for any number of reasons. Often, these include:

• Failure to warn of potential dangers
• Inaccurate age range specification
• Size of toy (choking hazard)
• Potentially toxic coating (paint, spray, etc.)
• Suffocation from toy or packaging
• Design defect or flaw

Just last year, the United States Consumer Product Safety Commission (CPSC) recalled several Chinese manufactured products due to traces of lead paint in the products. Ingestion of these chemicals can lead to death. These types of cases are particularly prevalent among very young children, as they have a tendency to put everything in their mouth. Toy manufacturers have a responsibility to know the audience to which they market their products; if they have reason to believe young children can or will get a hold of their products, they need to act accordingly to ensure safety.

Product recalls can go beyond toys and include things such as car seats, cribs, clothing items, and nursing products. Earlier this year, industry leader Graco recalled nearly four million car seats that had faulty seat belt buckles. Even car manufacturers may make recalls pertaining to children safety restraints. Subaru recently issued a recall affecting more than 275,000 Foresters, citing a possible rear seat belt flaw that may affect installation of child safety seats. The CPSC also recently recalled an infant recliner that caused injuries to an estimated 90 children.

This information is not intended to frighten parents or take any joy away from the upcoming holiday season. It simply serves as a reminder to take responsibility for your child’s safety, even when it comes to them having fun. The CPSC offers periodic updates for consumer recall information and other websites such as saferproducts.gov give consumers an opportunity to communicate their concerns about certain products on the market.

Miami Products Liability Lawyers

Regardless of how careful you are monitoring your child and the toys they play with, accidents do happen. Our experienced team of Miami products liability trial attorneys at Alan Goldfarb P.A. understands how traumatic a child’s injury or death can be on a family. We will work tirelessly to ensure that the people responsible for the faulty product, whether it be the seller, the manufacturer, the distributor, or the designer, are held responsible for their actions and further ensure no other children are harmed from their negligence. You can trust our Miami-based law firm to act in you and your child’s best interests during this difficult time. If you or anyone you know has been negatively impacted by a defective product that caused death or injury, contact us today to learn more about your rights.