Products Liability

Will US Supreme Court’s Revival of Seat Belt Defect Lawsuit Against Mazda and Window Defect Case Against Ford Pave the Way for More Florida Auto Products Liability Cases?

February 28, 2011 | by David J. Halberg, Esq.

The US Supreme Court may have just opened the door to more Florida auto products liability plaintiffs. Today, the high court ordered a lower court to take a second look at its ruling barring a lawsuit blaming Ford Motor Co. for window design defects that allegedly proved fatal during a 2002 rollover crash.

James Lloyd, a passenger in the 1997 F-150 pickup, died after he was ejected from the vehicle, which went off the road and rolled over several times. Lloyd’s mother, Mary Robyn Priester, filed an auto products liability lawsuit against Ford accusing it of breach of warranty because of its use of “inappropriate glazing materials” on the truck’s windows.

The trial court granted the car manufacturer’s motion for summary judgment on the grounds that the products liability claim was pre-empted by the motor vehicle federal safety standard that gives automakers the option to decide what kind of tempered glass to use on side windows. The state’s Supreme Court upheld this decision. Now, however, the US Supreme Court, in light of its ruling last week to reinstate the seat belt defect lawsuit against Mazda, is saying that the lower court should reconsider its decision to bar the auto products liability case against Ford.

In the wrongful death case against Mazda, the Supreme Court said that the lawsuit against the car manufacturer over its lap belt design can proceed. The defective seat belt lawsuit claims that Mazda’s failure to install lap-and-shoulder belts in the back seat of a 1993 minivan caused the death of Thanh Williamson during a 2002 car crash.

Citing federal safety regulations, Mazda wanted the wrongful death case dismissed on the grounds that federal vehicle safety regulations pre-empt such lawsuits. The Supreme Court said that this was not the case.

Florida Auto Products Liability
Car manufacturers can be held liable if an auto defect contributed to a victim’s death. Examples of common, serious auto defects and safety issues:

• Seat belt defects
• Sudden unintended acceleration
• Air bag issues
• Poor roof design
• Engine defects
• Tire blowouts caused by tread separation or worn tires
• Window defects
• Seatback collapse
• SUV rollover issues

Suit Against Ford to Be Reconsidered, The Wall Street Journal, February 28, 2011
High Court Revives Mom’s Suit Over Ford Windows, Courthouse News, February 28, 2011
Supreme Court: California family can sue Mazda over seat belt death, DailyNews, February 23, 2011
Williamson v. Mazda Motor of America, Supreme Court.gov (PDF)

Related Web Resources:
Supreme Court of the United States

Products Liability, Nolo

More Blog Posts:
Five People Killed in West Palm Beach After Tire Blowout Causes SUV Rollover, South Florida Injury Lawyer Blog, October 20, 2008
$8.4M Palm Beach County Motorcycle Accident Verdict Awarded In Florida Wrongful Death, South Florida Injury Lawyer Blog, December 14, 2010 Continue reading

Baby Deaths and Injuries Prompt Recalls of 1.7 Million Summer Infant Video Baby Monitors and 500,000 Bassinets by Burlington Basket Company

February 16, 2011 | by David J. Halberg, Esq.

The Consumer Product Safety Commission recently announced two major recalls involving infant products. The most recent recall, which was announced today, involves 500,000 bassinets by Burlington Basket Company.

Our Miami products liability law firm is glad to hear that the product is being recalled. Already there are two reports of minor injuries, so hopefully, the announcement will keep more babies from getting hurt.

The bassinets are considered a fall hazard. The safety issue can arise if the legs cross-bracing rails are not fully locked into position. This can cause the bassinet to collapse and the baby to fall out. There have been 10 reports of the bassinet’s legs not locking into place. Consumers are urged to stop using the bassinets immediately.

Miami-Dade County Carbon Monoxide Poisoning Accident in Hialeah Hotel Room Kills 5 Teenagers

December 28, 2010 | by David J. Halberg, Esq.

A birthday celebration recently turned deadly when a Hialeah carbon monoxide poisoning incident claimed the lives of five teenagers. The deceased include Miami residents Juchen C. Marctial, 19, Evans Charles, also, 19, Jean Pierre Ferdinand, 16, and Jonas Antenor and Peterson Nazon, both 17.

The teens had reportedly gotten together on Sunday night to for Marctial’s birthday. The following afternoon, a maid found their bodies inside a room at the Hotel Presidente. All of them were in their street clothes.

Fire tests show that there was a high concentration of carbon monoxide in the room, which is above a private garage where the victims had left a car running. The door going from the garage to the room was left slightly ajar. According to friends of the teens, the vehicle had a troublesome starter.

Investigators are trying to determine whether the garage or motel room had operating carbon monoxide detectors. Since 2007, Florida has required that motel and hotel boiler rooms have gas detectors and that all apartments and residences constructed after July 1, 2008 that include an attached garage, a fireplace, or a heater have an alarm within 10 feet of bedrooms.

Carbon Monoxide Facts
This deadly gas, called the silent killer, is odorless, colorless, and invisible. Symptoms can include confusion, chest pain, dizziness, headaches, vomiting, weakness, and nausea.

The U.S. Centers for Disease Control and Prevention says that over 400 people die in the US each year from CO poisoning. This type of injury lands over 20,000 people in the ER annually and over 4,000 are hospitalized.

Premise owners and the manufacturers of products that malfunction can be held liable for Miami personal injury or wrongful death if a hazard on the property and/or a product that malfunctions causes CO poisoning.

Carbon monoxide poisoning suspected in 5 teens’ deaths, Miami Herald, December 27, 2010
Carbon Monoxide May Be Greater Threat in Winter, US News, December 27, 2010
5 found dead in Florida motel room, CNN, December 28, 2010

Related Web Resources:
Carbon Monoxide Poisoning, Centers for Disease Control and Prevention
Protect Your Family and Yourself from Carbon Monoxide Poisoning, Environmental Protection Agency Continue reading

Drop-Side Cribs Banned by CPSC

December 17, 2010 | by David J. Halberg, Esq.

In a unanimous vote, the Consumer Product Safety Commission is banning drop side cribs in the United States. The decision removes all drop-side cribs from the market, which means they can no longer be made, sold, or resold. Crib manufacturers have until June 2011 to make sure that all cribs have fixed sides. Childcare centers, hotels, and other facilities that provide cribs for young children have to replace their drop-side cribs.

Over the years, a number of parents have filed civil complaints after a drop-side caused serious injury to or killed their child. A Miami products liability lawyer can help you determine whether you should file a claim against a crib manufacturer.

The ban comes after the deaths of 32 babies and toddlers (and possibly even 14 others) since 2010. In just the last five years, more than 9 million drop-side cribs have been recalled over concerns that the way they are designed and manufactured make the baby furniture natural candidates for placing a child at risk of entrapment, strangulation, fall accidents and even deaths.

Defective Medical Device: DePuy ASR Hip Lawsuits To Be Presided Over by One Judge

December 8, 2010 | by David J. Halberg, Esq.

US District Judge David A. Katz has been tasked with overseeing all pretrial proceedings in the federal lawsuits against Johnson & Johnson involving DePuy ASR hip replacement systems. DePuy’s ASR XL Acetabular Hip Replacement and ASR Hip Resurfacing Systems were recalled a few months ago over findings that there were patients who were having to undergo a second surgery within five years of the first surgery to implant the DePuy hip device.

Some 93,000 people have been implanted with a DePuy hip replacement device. There are already about 150 federal lawsuits alleging products liability pending. Hundreds of other defective medical device complaints over the DePuy ASR hip replacement products are expected.

Having to undergo hip replacement surgery can be challenging and painful enough-especially for elderly persons-without the need for another surgery because the hip replacement device malfunctioned or should have been better designed. Most surgeries are often accompanied by the risk of health complications and infections. To have to undergo a second surgery because of possible negligence on a product manufacturer’s part is unacceptable and can be grounds for a Florida defective medical device case.

Signs that your ASR hip implant may be causing you problems:

• Physical pain while walking
• Walking difficulties
• Swelling
• Implant dislocation
• Microscopic metal particles hovering around the hip area

Our Miami defective medical device lawyers represent clients with products liability claims against manufacturers. Unfortunately, there are medical devices that can hurt a patient, causing health complications, unnecessary pain and suffering, and the need for additional surgery and other medical procedures.

J&J Hip Replacement Lawsuits Given to One Judge, Bloomberg, December 4, 2010
Depuy Hip Patients Are Urged to Register, WebWire.com, December 4, 2010

Related Web Resources:
ASR Hip Recall Guide, DePuy
National Hip Recall Registry
Continue reading

Five People Killed in West Palm Beach After Tire Blowout Causes SUV Rollover

October 20, 2008 | by David J. Halberg, Esq.

In West Palm Beach, Florida, five people died on the Florida Turnpike on Friday night when the sport utility vehicle they were riding in rolled over after it blew a tire. According to the Florida Highway Patrol, the driver lost control of the Ford Expedition and rolled into a 15-foot canal.

Eight people were in the SUV, which was completely submerged in the canal when police arrived. Troopers say that bodies had been ejected from the vehicle and children were crying at the crash scene.

Three people, a boy and two women, were pronounced dead at the crash scene. A dive team found the body of another boy the following morning. Another victim, a girl, was pronounced dead at Delray Medical Center, where the three survivors were also treated for their injuries.

Only four of the eight people riding in the SUV -driver Moline Etienne and the three injury victims that survived the crash-were wearing seat belts. The children were not riding in child safety seats or wearing seat belts.

The victims that died were Etienne, 23, Roodandray Louis, 3, Shelley Peters, 30, Natayel Meyer, 10, and Malesha Louis, 5. The victims that were injured but survived the crash are Gina Merceron, 41, Enichka Maurice, 15, and Shadrack Gustave, 6.

Tire Blowouts
There are many reasons why tire blowouts can happen. Defective tires is one reason that tire blowouts occur.

Examples of tire defects:

• Valve stem cracks
• Breaks in the tire fabric
• Damaged or exposed cords
• Knots and bumps resulting from tire damage

Tire blowouts can cause a motorist to lose control of the vehicle, resulting in motor vehicle collisions, SUV rollovers, and other catastrophic accidents.

5 dead in Turnpike crash,, Sun-Sentinel.com, October 18, 2008
5 Killed When SUV Rolls Over On Turnpike, WPBF, October 18, 2008

Related Web Resources:

The Hidden History of the SUV, PBS.org
Tire Blowouts on the Highway, Safety.com Continue reading

19 Products Liability Lawsuits Filed in Palm Beach County Against ConAgra Foods After Plaintiffs Over Salmonella Outbreak From Tainted Peanut Butter

July 7, 2008 | by David J. Halberg, Esq.

In Palm Beach County Court and Palm Beach Circuit Court, Florida, 19 more defective products lawsuits have been filed against ConAgra Foods by plaintiffs that say they contracted salmonella after eating the company’s peanut butter.

ConAgra Foods recalled its Great Value and Peter Pan peanut butters over a year ago following a salmonella outbreak that occurred throughout the US. The Nebraska-based company says a roof leak and a faulty head in its fire sprinkler system is what caused the bacteria to grow in its Georgia plant.

The Centers for Disease Control and Prevention says that the Salmonella outbreak affected about 600 people. The food manufacturing company has already been named as a defendant in numerous other personal injury lawsuits. Thousands of other people may have gotten sick from the tainted peanut butter, but the CDC says that it cannot confirm any cases where there were no stool samples.

In Florida, damages for circuit court cases are capped at $75,000 if the defendant is a corporation based outside the state. County Court damages have a $15,000 cap.

Tainted foods are one of many products that can be cause for a defective products lawsuit if serious injury or death results from eating the contaminated food items.

While most Salmonella cases last four to seven days and do not need medical intervention, some people with Salmonella can have diarrhea serious enough to warrant hospitalization. Serious Salmonella cases can even spread to the blood stream, the intestines, and result in death.

If you or someone you love was seriously injured by a contaminated food or by a defective or dangerous household appliance, electrical appliance, motor vehicle, toy, nursery product, piece of clothing, firearm, medical device, prescription drug, piece of furniture, or another product, one of our products liability lawyers can meet with you to discuss your case.

Tainted peanut butter spurs 19 lawsuits in Palm Beach County, Sun-Sentinel.com, July 1, 2008
Salmonellosis, CDC.gov

Related Web Resources:

Con-Agra Foods

US Food and Drug Administration
Continue reading