Product Liability

The U.S. Consumer Product Safety Commission (CPSC) announced the recall of about 1.7 million video baby monitors with electrical cords that were linked to the strangling of two infants on Friday, February 11. By law, the CPSC must work in cooperation with the manufacturer, Summer Infant Inc., of Woonsocket, R.I., to issue the recall and to put additional warning information on the label. The company will recommend that the monitors be placed farther than three feet from a crib.

The babies who were strangled included a 10-month-old girl from Washington, D.C. who had the cord wrap around her neck when the monitor was placed on top of the crib rail. The other fatality occurred in a six-month-old boy from Conway, S.C. who strangled in the cord of the monitor placed on his changing table. Another baby was found with the cord around his neck but he survived and was not injured.

Parents are urged to check their baby monitors to make sure they are secured and out of the reach of the baby. Summer Infant can be reached at (800) 426-8627 and the CPSC provides photos on its website of the monitors and the dangers they pose.

There have been 7 strangulations from baby monitor cords since 2004, according to the CPSC, and the agency is interested in hearing from any consumers who’ve had any experience with the cords. Online consumers can call the CPSC Recall Hotline at 1-800-638-2772.

Farah & Farah’s Florida product liability lawyers want you to know that the manufacturer, designer, and distributor can all be held accountable if you or a loved one have been injured by a defective and dangerous product. Call us for a consultation on your injury and we’ll see how we can help.

They are the latest over-the-counter sexual enhancement dietary supplement that’s advertised as a “natural” alternative to Viagra, but a Food and Drug Administration (FDA) news release announced on December 13 that they are warning men not to use Man Up Now capsules because they can lower blood pressure to a dangerous level.

According to the FDA, the capsules contain sulfoaildenafil, which is similar to sildenafil, the active ingredient in Viagra. The chemical can interact with other prescription drugs such as nitroglycerin and cause blood pressure to drop to a dangerously low level, depriving the brain of an adequate blood supply.

Man Up Now can be purchased on the internet and in retail stores and many of these dietary supplements actually contain the active ingredient, or a variation of the active ingredient, in the FDA-approved formulation. The FDA has not received any adverse health reports associated with Man Up Now. Consumers are told not to use Man Up Now capsules and to discard the product if they experience any side effects such as lightheadedness.

The FDA says that Synergy Distribution LLC, the maker of Man Up Now, makes claims that the supplement works as well as prescription products and in doing so, may be exposing consumers to unpredictable risks and the potential for death and injury. Presumably, the prescription drug would have the same risk to consumers, but the FDA has approved Viagra which explains to consumers the risks and side effects in the package labeling. Over-the-counter (OTC) sexual enhancement supplements may promise to work in minutes and last up to 72 hours in formulations that have not been approved by the FDA.

A defective product is one that is made of substandard ingredients, is poorly designed, or does not adequately warn the consumer about the potential for side effects or injury. The Florida product liability lawyers at Farah & Farah have experience investigating defective products and uncovering the line of distribution, all of who may be held liable if their product causes an injury or illness to an unsuspecting consumer. Almost any type of accident resulting from a dietary supplement should be evaluated as a potential defective product claim in Florida.

With the price of oil at $90 a barrel, homeowners may be tempted to take out the electric space heaters, or stoke the wood stove to keep the chill off. But the Insurance Information Institute warns that heaters also represent an increased risk of fire if not used properly or if they have a defective design, as reported by PRNewsWire.

Space heaters and wood stoves are responsible for two out of three home heating-related fires. The National Fire Protection Association reports that supplemental heating sources were responsible for more than 66,000 home structure fires, 480 deaths, 1,660 injuries and property damage totaling $1.1 billion. Fireplaces and chimneys were linked to 43 percent of fires and 11 percent of fatalities, while space heaters and wood stoves were linked to 25 percent of heating fires, and 74 percent of the fatalities. The reason supplemental heating sources are dangerous is usually because of human error. For example a chimney needs regular cleaning to minimize creosote buildup, a sort of flammable tar byproduct. Space heaters need space around them to minimize fires. Wood burning stoves may be poorly designed, a flaw which could make them more dangerous.

With 377,000 residential fires in the U.S. reported in 2009, the insurance industry recommends that space heaters have at least three feet of clearance around them and be placed away from furniture of drapes. The heater should be turned off when no one is in the room.

A new space heater should carry the seal of an independent testing laboratory and should not be used in a bathroom where it can come in contact with water. When using kerosene make sure it is clear, not yellow. For more information on making your home safer, contact the United States Fire Administration.

In the case of an injury or death of a family member due to a heating device, the Jacksonville product liability attorneys at Farah & Farah can conduct an investigation to determine if some component of a heating system was faulty in design, in the materials used, or in the user instructions.

According to Tampa Bay Online, Publix grocery stores will be re-figuring the composition of its “green” reusable grocery bags after an investigation found elevated lead levels in some bags. Bags from both Publix and Winn-Dixie stores were tested and it was found that some of the bags had lead levels so high they would be considered hazardous waste for the purpose of disposal. Another grocery store, Wegmans, has had a similar problem and had to voluntarily exchange thousands of reusable grocery bags. Publix will ask the bag makers to get the lead out of grocery bags. Winn-Dixie says their bags are safe to use, but if a consumer is concerned, they can have the price of the bag refunded.

A toxin to humans, lead has been linked to learning disabilities in children and fertility problems. The concern is that over time, lead can leach out of the fabric, though there is not much concern it would get into your food. Instead, it can leach into the environment.

Product Liability Law
A person would have to suffer an injury from a poorly manufactured or designed product before a lawsuit could be filed and tried. Over the years, product liability litigation has made products for consumers safer, and played a vital role in making the public aware of product defects, therefore avoiding countless injuries.

With about 33 million consumers injured by poorly made or designed consumer products every year, the Florida product liability attorneys at Farah & Farah are committed to investigating every aspect of a product that causes injury to our clients to determine if it was defectively made or constructed from shoddy materials.

An article from The Florida Times-Union reports that 499 pending lawsuits may be dismissed against companies that make cigarettes. You would think tobacco companies would be thrilled, but they are not. R.J. Reynolds, Philip Morris USA, and Lorillard tobacco companies do not want the cases dismissed from federal court out of fear the cases may be taken to state court in Duval County where they might find a more favorable jury. The tobacco companies call it an example of “blatant forum shopping.”

Attorney Woody Wilner says he wants to get the cases resolved before his clients die off. Wilner says he doesn’t care whether the cases are tried in federal or state court, as long as the people who are dying of tobacco-related health issues have their day in court. There are more judges available in state court than federal court. A hearing on the issue is scheduled before two judges who sit on a federal panel in December.

Product Liability – After the Engle Class Action Case
Former smokers who are suffering respiratory and heart disease and cancer as a result of tobacco have had a tough time getting to court ever since the Engle class action case was dismissed by the state Supreme Court in 2006. Plaintiffs had one year to refile individual cases against the tobacco companies allowing the findings of the Engle case to stand.

The findings in the case, named for a Miami Beach pediatrician, Howard Engle, established that a) Tobacco companies were negligent; b) Their products are defective and unreasonably dangerous; c) Cigarettes are addictive; d) Cigarette companies conspired to conceal health and addiction information with the intention of consumer reliance on the misinformation; and e) Cigarette companies were liable for breach of express warranty. The suit also established that cigarette smoke causea 16 different diseases including lung cancer, emphysema, heart disease, among others.

Many people today do not feel any sympathy for smokers, assuming they should have known the dangers before they began smoking. However, many people became addicted to smoking in the days when the tobacco companies would hire doctors to encourage smoking as a way to calm nerves. The U.S. military even gave cigarettes out to the troops as a bonus. Even the Flintstones cartoon characters sold Winston cigarettes.

These plaintiffs deserve to have their day in court and present their case to a judge. The Florida tobacco lawyers at Farah & Farah are committed to helping those wronged by tobacco companies get there. The tactics of the tobacco giants have been to delay and deny for years. Our lawyers have represented many former smokers in their efforts to challenge Big Tobacco. Contact us today to find out how we can help.

The media will not be allowed into the trial of a Jacksonville teenager charged with driving without a license in an overloaded Ford Explorer that rolled after a tire exploded, killing four of his classmates.

Brandon Hodges was 15 when he got behind the wheel of a 1997 Ford Explorer belonging to his girlfriend’s family. The SUV had a defective left rear Cooper Tire, unbeknownst to the family. On a ramp to I-295, the tire exploded, causing the vehicle to roll. The Florida rollover accident killed four teens and injuring another four, all students from Ed White High School. Hodges was the only one wearing a seat belt and the only person who avoided serious injury.

Jacksonville Circuit Judge Jeff Morrow banned “disinterested parties” from the trial, which will be conducted before a judge and not a jury. That means the media, the public, lawyers or anyone with an interest in civil litigation or product liability will not be allowed into the courtroom. Juvenile court trials are only supposed to be closed in the interest in of the public and the child.

According to an article in The Florida Times Union, the Florida Highway Patrol blamed Hodges for the fatal Florida car accident, along with the tire tread separation. However, the defense will present the argument that the blame lies with the faulty tire and even an experienced driver cannot safety maneuver a vehicle when the tire separates.

Hodges is facing 8 counts of driving without a license the led to a Florida auto accident that caused bodily harm and death. He is facing a sentence from probation to juvenile detention.

Because the Cooper Tire failed, a number of Florida product liability lawsuits have been filed by the loved ones of the teens who died in this tragic Florida car crash.

If you or a loved one has been injured by a defective tire, the burden of healing from your injuries is added to the need to hold the negligent party accountable. The Florida tire defect attorneys at Farah & Farah can help you sort out these issues and at the same time seek the compensation you deserve when a defective auto part fails to keep you or your family safe. Call us for a free consultation.

A Los Angeles jury on Thursday, October 14, rejected a product liability lawsuit over a defective sports helmet that permanently injured a 20-year-old who suffered an irreversible brain injury, according to The Daily Breeze.

Richard and Kandy Eubanks, the parents of Justin Eubanks, had argued that the defective product allowed Justin to be injured. They had asked for $18 million in damages to take care of their son for the rest of his life.

The sports helmet was made by KBC America and sold by Valencia Sport Group. Justin wore it when he was on a motocross practice run July 21, 2007. He was traveling about 20 to 30 mph, when his bike landed on top of him and the helmet cracked. His parents argued the helmet, model SixSixOne Flight, was defective. Included in the complaint was the contention that KBC did not adequately warn consumers about the shortfalls of the plastic helmet.

Attorneys for the defendants said Justin’s negligence caused his injuries, not the head gear.

Defective Products
Justin had ridden safely for 11 years before that accident. The attorney for the Edwards argued that the company could have used a stronger material such as carbon fiber that likely would not have cracked.

An injury alone does not necessarily mean the product is defective.

A well-designed, well-made item can break, but often products break because they are poorly made. The Florida product liability attorneys at Farah & Farah remind consumers, if you have spent good money on an item and the manufacturer made representations about how well it worked, you are entitled to compensation when you are harmed. Even if you have used the product in a way it was not intended, the manufacturer should anticipate any unforeseen product use and may still be held liable.

Hairdressers nationwide are being warned about a dangerous product being used in the workplace, a hair straightener called Brazilian Blowout. The Oregon Health & Science University’s Center for Research on Occupational and Environmental Toxicology (CROET) issued a warning September 30 after a chemical analysis was done on the product. The Brazilian Blowout contains a high percentage of formaldehyde, even though one bottle was labeled “formaldehyde-free.” The bottles contained up to 10.6% formaldehyde which violates the federal government’s standard for a safe workplace.

The Occupational Safety and Health Administration (OSHA) states that if a workplace has more than 0.1% formaldehyde, the manufacturer must list it and include safe work practice suggestions in its product label. Additionally, employees are supposed to be educated about exposing themselves to a toxic hazard. An advisory group to government recommends that employees’ exposure be limited to no more than 0.3 parts per million.

Formaldehyde Exposure at Work
According to the Centers for Disease Control and Prevention (CDC), exposure to formaldehyde can cause upper respiratory tract irritation, a cough, chest pain, and shortness of breath. Some individuals are highly allergic to formaldehyde. The federal government says formaldehyde is a likely carcinogen, which is linked to leukemia and nasopharyngeal cancer. The chemical is more commonly known to expose workers in the building industry, those who work in mortuaries, and among glues and permanent-press fabrics.

Brazilian Blowout posted an official statement in response to the discovery stating it found a trace amount of the chemical.

Workers’ compensation laws are in place to help protect workers on-the-job. If you have been injured on the job, it may be important to contact an experienced Florida workers’ compensation attorney who can help protect your legal rights. Remember, there may be a limited time within which to begin your action for compensation.

Just as we are half way through the hurricane season comes a warning to consumers about over promises some salesmen are making about window film, designed to prevent windows from sending flying shards of glass in a hurricane.

Attorney General Bill McCollum is warning that consumers may have a false sense of security after hearing the promises by manufacturers and aggressive salesmen. Consumers are encouraged to investigate the hurricane protection claims.

McCollum tells Consumer Affairs that his office has found some consumers may have been misled that the hurricane protection film they are considering for their home windows has been approved for residential use. In reality, the film is intended for commercial use and the state building code does not approve any film for residential structures.

Concerned consumers are also being promised that using window film to strengthen windows will bring them insurance discounts. Since there is no residential standard for window film, that may not be true. Even the industry, the International Window Film Association finds some sales companies are not being truthful. Also, some manufacturers are not members of the professional association, therefore are not held to any standards.

Who is held responsible?
When a product is sold to consumers, there is an outright promise that it works as promoted. After all, that is what you are paying for. If the product fails, you may have a product liability action against the manufacturer and everyone along the distribution line. The Florida product liability attorneys at Farah & Farah have the experience to research the chain of commerce and determine who is at fault for selling, manufacturing and distributing a defective product.

Meridia was approved by the Food and Drug Administration as an appetite-suppressant drug 14 years ago. Now an advisory committee of the FDA will meet to determine if Meridia should stay on the market. The reassessment of Meridia (sibutramine) is being conducted following the SCOUT trial, which is published in the New England Journal of Medicine (NEJM). It finds that Meridia increases the risk of heart attacks and stroke. With this new information, the panel will be asked whether the drug should be re-reviewed for approval.

Abbott Laboratories makes Meridia. The FDA advisory panel will meet September 15 to review the SCOUT trial outcome which found more than 11 percent of those who took Meridia suffered a heart attack or stroke compared with 10 percent on the placebo.

European regulators have already pulled the drug from store shelves. But this is the U.S. and Meridia is expected to generate $100 million in profit for Abbott this year. It has long been questioned why the drug remained on the market for fourteen years given that trial participants lost an average of just over nine pounds during a six-year study.

Steven Nissen of the Cleveland Clinic says with the risks considered, Meridia has more risks than benefits. Public Citizen’s Sidney Wolfe wonders why the drug remains on the market. Even the researchers of the study conclude the drug should continue to be available under prescription but with a strong warning for people who’ve had a heart attack or stroke.

Product liability is an area of the law that allows consumers injured by defective products to be compensated for their injuries or illness. A defective product can cause injuries when it fails, is improperly designed, improperly labeled, or made of shoddy materials. The liability can extend to the manufacturer, supplier, and retailer or distributor of the product. Product liability law applies to many of the prescription medications which are approved by the FDA but later found to be defective or improperly labeled. An experienced Florida product liability attorney will be able to discuss the particular details of a case to determine if the claim is valid and how best to move forward in pursuing a lawsuit.